(a) No person shall commit an assault by unlawfully attempting to commit a violent injury to the person of a school employee or by unlawfully committing an act which places a school employee in reasonable apprehension of immediately receiving a violent injury.
(b) No person shall commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee or by unlawfully and intentionally causing physical harm to a school employee.
(c) For the purposes of this section, "school employee" means a person employed by the Board of Education whether employed on a regular full-time basis, an hourly basis or otherwise if, at the time of the commission of any offense provided for in this section, such person is engaged in the performance of his duties or is commuting to or from his place of employment. For the purposes of this section, a "school employee" shall be deemed to include a student teacher.
(WVaC 61-2-15)