West Virginia Code § 18A-5-1d

Return to school through Juvenile Drug Court for certain students
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(a) When a student is expelled from school pursuant to §18A-5-1a of this code, the county
board, county superintendent, or principal for the school from which the student was
expelled or the parent, guardian, or custodian may refer the student to a Juvenile Drug
Court, operated pursuant to §49-4-703 of this code. Upon referral, the judge assigned to
Juvenile Drug Court shall determine whether the student is an appropriate candidate for
Juvenile Drug Court.
(b) If the judge determines the student is an appropriate candidaute for Juvenile Drug Court,
then the court has jurisdiction over the student in the same manner as it has jurisdiction
over all other persons in Juvenile Drug Court. Jurisdiction over students includes the ability
to issue any of the various sanctions available to the Juvenile Drug Court, including
temporary detention.
(c)(1) Successful completion of Juvenile Drug Courlt or certification by the Juvenile Drug
Court judge that the student is making satisfasctory progress toward successful completion of
Juvenile Drug Court warrants consideration for reduction of the expulsion period, pursuant
to §18A-5-1a of this code. i
(2) The Juvenile Drug Court shall notify the county superintendent of the completion or
certification. The county superintendent shall arrange a meeting with the Juvenile Drug
Court treatment team, the court, and the student assistance team of the school from which
the student was expelled to discuss the student's history, progress, and potential for
improvement.
(3) The student assis tance team shall evaluate and recommend whether the student's
expulsion perViod should be reduced, and the student reinstated in school.
(4) The student assistance team's recommendation shall be presented to the superintendent,
who shall make the final determination. The superintendent shall prepare a statement
detailing reasons for or against school reinstatement and submit the statement to the county
board. If the superintendent determines to reduce the expulsion period, he or she shall
submit the statement required by §18A-5-1a(i) of this code and place the student in an
appropriate school within the district.
(5) A student to be reinstated shall be permitted to return to school no later than the 10th
regular school day following notice by the court to the superintendent regarding the
student's successful completion or satisfactory progress toward successful completion of
Juvenile Drug Court.

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