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WV Code § 18-31-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-3. West Virginia Hope Scholarship Board; Members; Terms; Compensation; Proceedings Generally

(a) The West Virginia Hope Scholarship Program shall be administered by the West Virginia Hope Scholarship Board.(b) The board shall consist of nine members and include the following:(1) The State Treasurer;(2) The State Auditor, or his or her designee;(3) The State Attorney General, or his or her designee;(4) The State Superintendent of Schools, or his or her designee;(5) The Chancellor of Higher Education, or his or her designee;(6) The Director of the Herbert Henderson Office of Minority Affairs, or his or her designee; and(7) Three members appointed by the Governor with the advice and consent of the Senate who are parents of Hope Scholarship students, or for the initial appointments of board members following the effective date of this article, parents who intend to apply for the Hope Scholarship on behalf of eligible recipients, to be appointed as follows:(A) Only state residents are eligible for appointment to the board;(B) The members shall reside in geographically diverse areas of the state;(C) Members shall be initially appointed to staggered terms as follows:(i) One member appointed by the Governor to a one-year term;(ii) One member appointed by the Governor to a two-year term; and(iii) One member each appointed by the Governor to a three-year term.After the initial staggering of terms, appointed board members shall serve for three-year terms and are eligible for reappointment at the expiration of their terms; and(D) If there is a vacancy among appointed members, the vacancy shall be filled by appointment to the unexpired term of a person meeting the requirements of this section by the Governor with the advice and consent of the Senate. Members of the board shall serve until the later of the expiration of the term for which the member was appointed or the appointment of his or her successor.(c) Members of the board shall serve without compensation. The board may reimburse members for all reasonable and necessary expenses, including travel expenses, actually incurred by board members in the conduct of their official duties. Any expense reimbursements shall be made from the West Virginia Hope Scholarship Program Expense Fund at the same rate paid to state employees.(d) The Treasurer is the chairman and presiding officer of the board. The Treasurer may provide office space and staff to the board upon request of the board.(e) The State Superintendent of Schools may provide staff to the board, upon request of the board.(f) A majority of the members of the board constitutes a quorum for the transaction of the business of the board.(g) Members of the board are subject to the ethical standards and financial disclosure requirements of the West Virginia Governmental Ethics Act in Chapter 6B of this code.
WV Code § 18-31-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-4. Powers of the Board

The board is authorized to take any action necessary to effectuate the provisions of this article and to successfully administer the Hope Scholarship Program, subject to applicable state and federal law, including, but not limited to the following:(1) Adopt and amend bylaws;(2) Execute contracts and other instruments for necessary goods and services, employ necessary personnel and engage the services of private consultants, actuaries, auditors, counsel, managers, trustees, and any other contractor or professional needed for rendering professional and technical assistance and advice: Provided, That election of these services is not subject to the provisions of 5A-3-1 et seq. of this code;(3) Implement the program through the use of financial organizations as account depositories and managers;(4) Develop and impose requirements, policies, procedures, and guidelines to implement and manage the program;(5) Determine whether an expenditure of Hope Scholarship funds is or was a qualifying expense to educate a Hope Scholarship student pursuant to 18-31-7 of this code. The board may approve or deny expenditures by a majority vote;(6) Review any appeals made pursuant to 18-31-10(b) and 18-31-10(d) of this code;(7) Establish the method by which moneys in the Hope Scholarship Expense Fund shall be allocated to pay for administrative costs and assess, collect and expend administrative fees, charges, and penalties;(8) Authorize the assessment, collection and retention of fees and charges against the amounts paid into and the earnings on the Hope Scholarship funds by a financial institution, investment manager, fund manager, West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professional managing or investing the Hope Scholarship funds and accounts;(9) Invest and reinvest any of the funds and accounts under the boards control with a financial institution, an investment manager, a fund manager, the West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professionals investing the funds and accounts: Provided, That investments made under this article shall be made in accordance with the provisions of 44-6C-1 et seq. of this code; and(10) Solicit and accept gifts, including bequests and other testamentary gifts made by will, trust, or other disposition; grants; loans; aid; and property, real or personal of any nature and from any source, or to participate in any other way in any federal, state, or local governmental programs in carrying out the purposes of this article: Provided, That the board shall use the property received to effectuate the desires of the donor, and shall convert the property received into cash within 180 days of receipt.
WV Code § 18-31-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-5. Award of Hope Scholarships

(a) The Hope Scholarship Program is established to provide the option for a parent to better meet the individual education needs of his or her eligible child. The program shall be operational no later than July 1, 2022.(b) The board shall create a standard application form that a parent can submit to establish his or her students eligibility for the award of Hope Scholarship funds, to be placed in a personal education savings account to be used for qualifying education expenses on behalf of the eligible recipient as provided for in 18-31-7 of this code. Information about scholarship funds and the application process shall be made available on the boards website.(c) The board shall make such applications available no later than March 1, 2022 and shall begin accepting applications immediately thereafter. The board may update the application as needed. The board shall issue an award letter to eligible recipients within 45 days of receipt of a completed application and all required documentation.(d) The board shall approve an application for a Hope Scholarship if all of the following circumstances are met:(1) A parent submits an application for a Hope Scholarship in accordance with the legislative rules promulgated by the board;(2) A student on whose behalf the parent is applying is an eligible recipient, as provided for in 18-31-2(5) of this code;(3) The parent signs an agreement with the board, promising to do all of the following:(A) To provide an education for the eligible recipient in at least the subjects of reading, language, mathematics, science, and social studies;(B) To use the Hope Scholarship funds exclusively for qualifying expenses as provided for in 18-31-7 of this code;(C) To comply with the rules and requirements of the Hope Scholarship program; and(D) To afford the Hope Scholarship student opportunities for educational enrichment such as organized athletics, art, music, or literature; and(4) The board confirms with the West Virginia Department of Education that the student satisfies 18-31-2(5)(B) of this code: Provided, That if the department does not reply within 30 days, this criteria is considered satisfied.(e) An application for a Hope Scholarship is confidential and not a public record subject to release pursuant to the West Virginia Freedom of Information Act, as codified in 29B-1-1 et seq. of this code.
WV Code § 18-31-7 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-7. Qualifying Expenses for Hope Scholarship Accounts

(a) Parents of a Hope Scholarship student shall agree to use the funds deposited in their students Hope Scholarship account only for the following qualifying expenses to educate the student:(1) Ongoing services provided by a public school district pursuant to 18-31-8(f) of this code, including without limitation, individual classes and extracurricular activities and programs;(2) Tuition and fees at a participating school;(3) Tutoring services provided by an individual or a tutoring facility: Provided, That such tutoring services are not provided by a member of the Hope Scholarship students immediate family;(4) Fees for nationally standardized assessments, advanced placement examinations, any examinations related to college or university admission, and tuition and/or fees for preparatory courses for the aforementioned exams;(5) Tuition and fees for programs of study or the curriculum of courses that lead to an industry-recognized credential that satisfies a workforce need;(6) Tuition and fees for nonpublic online learning programs;(7) Tuition and fees for alternative education programs;(8) Fees for after-school or summer education programs;(9) Educational services and therapies, including, but not limited to, occupational, behavioral, physical, speech-language, and audiology therapies;(10) Curriculum as defined in 18-31-2 of this code;(11) Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider; and(12) Any other qualified expenses as approved by the board established pursuant to 18-31-3 of this code.(b) Hope Scholarship funds may only be used for educational purposes in accordance with subsection (a) of this section. Nothing in this section requires that a Hope Scholarship student be enrolled, full- or part-time, in either a private school or nonpublic online school.(c) Hope Scholarship funds may not be refunded, rebated, or shared with a parent or student in any manner. Any refund or rebate for goods or services purchased with Hope Scholarship funds shall be credited directly to a students Hope Scholarship account.(d) Nothing in this section prohibits the parents of a Hope Scholarship student from making payments for the costs of educational goods and services not covered by the funds in their students Hope Scholarship account. However, personal deposits into a Hope Scholarship account are not permitted.
WV Code § 18-31-10 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-10. Auditing of Hope Scholarship Program; Suspension of Accounts and Providers

(a) The board may propose legislative rules for legislative approval pursuant to 29A-3-1 et seq. of this code for the auditing of individual Hope Scholarship accounts and shall conduct or contract for the random auditing of individual Hope Scholarship accounts as needed to ensure compliance with the requirements of this article and rules promulgated pursuant to this article.(b) As part of the auditing process, the board may remove a parent or eligible recipient from the Hope Scholarship program and close a Hope Scholarship account for failure to comply with the terms of the parental agreement required by 18-31-5 of this code, failure to comply with the applicable laws, failure of the student to remain eligible, or intentional and fraudulent misuse of Hope Scholarship funds: Provided, That the board shall create procedures to ensure that a fair process exists to determine the removal of a parent or eligible recipient from the Hope Scholarship program and a parent or Hope Scholarship student may appeal the decision to make the student ineligible for funds to the board.(c) The board may conduct or contract for the audit of education service providers accepting payments from Hope Scholarship accounts if it determines that the education service provider has:(1) Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or(2) Routinely failed to provide students with promised educational goods or services.(d) If the board determines that an education service provider has intentionally and substantially misused Hope Scholarship funds, the board may bar the education service provider from continuing to receive payments. The board shall create procedures to ensure that a fair process exists to determine whether an education service provider may be barred from receiving payment from Hope Scholarship accounts and an education service provider may appeal a decision to bar it from receiving payments to the board. If the board bars an education service provider from receiving payments from Hope Scholarship accounts, it shall notify parents and students of its decision as quickly as possible.(e) If the board obtains evidence of potential fraudulent use of Hope Scholarship funds, it may refer suspected cases to the State Auditor for purposes of investigation, collection and potential criminal investigation.
WV Code § 18-31-11 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-11. Requirements for and Rights of Education Service Providers

(a) To be eligible to accept payments from a Hope Scholarship account, an education service provider shall:(1) Submit notice to the board that they wish to participate in the Hope Scholarship Program;(2) Provide participating parents with a receipt for all qualifying educational expenses for the Hope Scholarship student;(3) Agree not to refund, rebate, or share Hope Scholarship funds with parents or students in any manner, except that funds may be remitted or refunded to a Hope Scholarship account in accordance with 18-31-7(c) of this code;(4) Certify that it will not discriminate on any basis prohibited by 42 U.S.C. 1981;(5) Agree to submit any employee who will have contact with Hope Scholarship students to a criminal background check; and(6) In the case of a participating school, provide notice of enrollment annually to the county superintendent of any student for which a students tuition is being paid through the Hope Scholarship Program.(b) This article does not limit the independence or autonomy of an education service provider or make the actions of an education service provider the actions of the state government.(c) Education service providers shall be given maximum freedom to provide for the educational needs of Hope Scholarship students without governmental control.(d) A participating school or education service provider is not required to alter its creed, practices, admission policy, hiring policy or curriculum in order to accept eligible recipients whose parents pay tuition or fees from a Hope Scholarship account pursuant to this article.(e) This article does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the program.
WV Code § 18-31-12 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-12. Responsibilities of Resident School Districts

The resident school district or school district in which a Hope Scholarship student was last enrolled, as applicable, shall provide an education service provider that has enrolled the student with a complete copy of the students school records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
WV Code § 18-31-13 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 31. Hope Scholarship Program|§18-31-13. Legal Proceedings; Severability

(a) No liability arises on the part of the board or the state or of any county school district based on the award or use of a Hope Scholarship awarded pursuant to this article.(b) It is the intention of the Legislature in the enactment of this article that if any part of this article is challenged in court as violating either the state or federal constitution, the parents of eligible Hope Scholarship students should be deemed to have standing to be parties to such litigation, and should be permitted by the court to intervene if they are not already parties to such litigation.(c) If any provision of this article or the application of any such provision of this article to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this article or the application of its provisions to persons or circumstances other than those to which it is held invalid is not affected thereby.
WV Code § 18-32-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 32. Severability|§18-32-1. Severability

Pursuant to section ten, article two, chapter two of this code, if any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the chapter, and to this end the provisions of this chapter are declared to be severable.
WV Code § 18-33-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-1. West Virginia Student Religious Liberties Act

This article shall be known and may be cited as the "West Virginia Student Religious Liberties Act."
WV Code § 18-33-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-2. Student Expression

 A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A school district shall treat a students voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a students voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
WV Code § 18-33-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-3. Religious Expression in Class Assignments

 As more fully set forth in 18-33-5(b) of this code, students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination and may not be penalized or rewarded on account of the religious content of their work: Provided, That a student may express disagreement and offer opposing views regarding any issue based on religious beliefs, but may not be excused from answering a test question or other assignment correctly because the answer to that question that was provided in course content is counter to the religious beliefs of the student.
WV Code § 18-33-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-4. Freedom to Organize and Advertise Religious Groups and Activities

 As more fully set forth in 18-33-5(c) and 18-33-5(d) of this code, students in public schools may pray or engage in religious activities or religious expression before, during, and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression.
WV Code § 18-33-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-5. Student Expression of Religious Viewpoints; Religious Expression in Class Assignments; Freedom to Organize and Advertise Religious Groups and Activities; Displaying Religious Messages or Symbols

 (a) Student expression of religious viewpoints. The school district shall treat a students voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a students voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.(b) Religious expression in class assignments. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students submissions. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teachers assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.(c) Freedom to organize and advertise religious groups and activities.  Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the groups expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, religious groups must also be permitted to advertise or announce group meetings.(d) Displaying religious messages or symbols. Students in public schools may wear clothing, accessories, and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories, and jewelry that display messages or symbols are permitted.
WV Code § 18-33-6 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-6. Certain Acts Restricted

 This act may not be construed to authorize this state or any of its political subdivisions to do either of the following:(1) Require any person to participate in prayer or in any other religious activity; or(2) Violate the constitutional rights of any person.
WV Code § 18-33-7 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-7. Certain Authority May Not Be Limited

 This act shall not be construed to limit the authority of any public school to do any of the following:(1) Maintain order and discipline on the campus of the public school in a content- and viewpoint-neutral manner;(2) Protect the safety of students, employees, and visitors of the public school; and(3) Adopt and enforce policies and procedures regarding student speech at school, provided that the policies and procedures do not violate the rights of students as guaranteed by the United States and West Virginia constitutions and laws.
WV Code § 18-33-8 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 33. Student Religious Liberties|§18-33-8. First School Year Affected

 This act shall be in force beginning with the 2020-2021 school year.
WV Code § 18A-1-2 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 1. General Provisions|§18A-1-2. Repeal of Inconsistent Provisions

The provisions of any articles or parts of articles, of the Code of West Virginia, 1931, as amended, which are inconsistent with the provisions of this chapter, are hereby repealed to the extent of such inconsistency.