HUNTINGTON ÃÛÁÄÖ±²¥” The Cabell County Board of Education adopted a temporary cellphone policy resolution during its regular meeting Tuesday, in accordance with new state legislation prohibiting the use of personal devices in classrooms.
Deputy Superintendent Justin Boggs said while the countyÃÛÁÄÖ±²¥™s existing policies are being updated to comply with the bill, the resolution the board passed will serve as an interim guide.
Before Tuesday, the board had two policies that addressed personal communication and personal student electronic devices, which Boggs said conflicted with each other. On Tuesday, the board voted to rescind one of those policies and update the other based on the new legislation and feedback from school principals.
Some articles of the policy, Superintendent Tim Hardesty said, were changed after discussions with administrators to include more leniency for first offenses, and devices must be put out-of-sight, but not necessarily locked away.
Although that policy will now need to go through several readings in public meetings before it can be fully adopted, the resolution includes rules to adopt in the meantime, including definitions of personal electronic devices and levels of discipline.
According to the resolution, students would not be able to possess or use personal electronic devices, including cellphones, smart glasses, smart watches, headphones, earbuds or iPods during both instructional or non-instructional time, such as in between class periods or during lunch.
But, devices will be allowed for instructional use, in cases of emergency, to comply with the American Disabilities Act or at other times authorized by an administrator.
The full resolution is available on the Cabell County Schools website under
File courtesy Cabell County Schools
ÃÛÁÄÖ±²¥œI know weÃÛÁÄÖ±²¥™ve had a lot of issues with students who have come before us with expulsions, and some of it generated with a cellphone video or a picture or Snapchat or anything like that. And so the goal is to take away that distraction so our students can better focus and our teachers can better teach,ÃÛÁÄÖ±²¥ board president Josh Pauley said.
ÃÛÁÄÖ±²¥œI think there probably will be a period of adjustment to this, and I hope that our parents and our students alike understand the intent behind this and adapt and adjust, and our teachers do the same thing.ÃÛÁÄÖ±²¥
Board member Linda Childers said she believes instructors should also model this behavior, keeping their phones put away during school hours to serve as an example for students.
Other business
During delegations, local parent Susan Swanson read a memorandum which she said was from Cabell County residents to the board of education. Included, she said, was a petition to further protect students in Cabell County Schools who have disabilities.
The petition demands action to ensure the protection of the dignity and civil rights of students with disabilities, ÃÛÁÄÖ±²¥œfollowing disturbing allegations of abuse in a Cabell County special education classroom,ÃÛÁÄÖ±²¥ she read.
The petition points to one specific civil case filed in 2023 in the U.S. District Court of the Southern District of West Virginia, in which five Huntington High School employees were named and accused of negligence among other counts.
The case has since been settled, according to the boardÃÛÁÄÖ±²¥™s general counsel, Sherrone Hornbuckle-Myers.
The petition demands that the board and the West Virginia Department of Education not only ensure none of the named individuals can again work with students with special needs in West Virginia public schools, but also publicly disclose their employment status and any disciplinary actions that were taken.
The petition also demands that the board and WVDE conduct an independent review of special education practices and oversight across Cabell County Schools and implement mandatory trauma-informed training and disability rights education for all staff working with vulnerable populations.
The final demand for the board and WVDE is to establish a parent-led advisory board to monitor special education safety, equity and legal compliance.
A search of available records in the U.S. District Court of the Southern District of West Virginia shows eight cases filed since 2003 in which the board and/or its employees were listed as defendants and accused of negligence or violating the rights of students or staff with disabilities, among other grievances.
Hornbuckle-Myers said during the meeting, ÃÛÁÄÖ±²¥œCivil complaints are filed everyday. Anyone can allege whatever they want in a civil complaint. It does not mean itÃÛÁÄÖ±²¥™s true. It does not mean itÃÛÁÄÖ±²¥™s false, but thatÃÛÁÄÖ±²¥™s how the process starts for a lawsuit.ÃÛÁÄÖ±²¥
Hornbuckle-Myers went onto say the board is protected from lawsuits under its Board of Risk Insurance Management (BRIM) insurance policy. She said BRIM reads cases and evaluates how much it will spend in court proceedings.
ÃÛÁÄÖ±²¥œSo there are times when we settle a case, because itÃÛÁÄÖ±²¥™s cheaper to settle that case than it would be to go into a full-fledged trial,ÃÛÁÄÖ±²¥ she said.
ÃÛÁÄÖ±²¥œIn the case aforementioned, there was no pleading of any guilt or any wrongdoing on the part of Cabell County Schools. That was settled merely for financial reasons. Nor was there any wrongdoing found on the parties listed previously.ÃÛÁÄÖ±²¥
Hornbuckle-Myers said the board is also mandated to report to the Independent Investigations Unit anytime there is an allegation of abuse or neglect of students.
ÃÛÁÄÖ±²¥œIn the aforementioned case, we reported twice. And two times, there were no substantiations of allegations of abuse or neglect found on the individuals named in the case,ÃÛÁÄÖ±²¥ she said.
ÃÛÁÄÖ±²¥œI would be remiss if I didnÃÛÁÄÖ±²¥™t say I have the utmost faith in all of our students, all of our schools and all of our staff that our students will be safe starting Aug. 13 and going forward,ÃÛÁÄÖ±²¥ she said.
The board approved its consent agenda and financial items. It will meet again Tuesday, Aug. 19.
