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WV Code § 18-2A-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-2. Request for Samples and Bids; Deposit by Bidder; Selection, Approval and Publication of Multiple List

(a) Prior to each adoption year, and not later than August 1, the state board by written request or otherwise shall ask the various vendors of instructional resources, print or electronic, or any combination thereof, to submit samples and prices on items considered appropriate by the state board to teach the curriculum in the public elementary and secondary schools of the state for the current adoption period. The state board also shall accept for consideration newly developed and substantially revised instructional resources for content areas not in the current adoption cycle.(b) All bids or proposals shall be under seal, and each bidder shall deposit in the State Treasury such sum of money as the state board may designate, such deposit to be not less than $1,000, and not more than $3,000 and such deposit shall be forfeited to the general school fund if such bidder shall fail or refuse to make and execute such contract and bond as are herein required in case of acceptance of all or part of the vendor's bid, and otherwise shall be returned to such bidder after the contract has been made. The state board reserves the right to set the sum of money a vendor is required to deposit in the State Treasury upon submitting a bid: Provided, That the vendor has a previous history of failure or refusal to execute contracts or bonds with the State of West Virginia. The state board may set and collect review fees from publishers and vendors participating in the state instructional resources approval and adoption process.(c) All bids shall be opened by the state board, or its designee, in public session. After considering the subject matter, product quality, general suitableness, and prices of items submitted, the state board shall, prior to March 1 of each year in which approvals for adoption are made by it, establish a committee of teachers and other educational specialists, including a sufficient number with experience with electronic instructional resources, and with the aid of the committee, shall on or before December 1, prior to county adoptions, select, approve and publish a list of items in each subject and grade in the elementary and secondary subjects required to be taught by the state board. The committee of teachers and other educational specialists shall report their recommendations to the state board on or before November 15 of the year preceding the adoption by the county board. The state board may create a standing committee of teachers and other education specialists, including a sufficient number with experience with electronic instructional resources, for each subject and grade level to review all new or revised instructional resources submitted after the initial approvals for adoption.
WV Code § 18-2A-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-3. Disposition of and Requests for Samples

(a) Items to be reviewed in excess of the official sample submitted to the state board for examination shall remain the property of the vendor submitting them if claimed within thirty days after state board adoption of the multiple list. If not claimed within that period, the items may be sold by the state board and the money credited to the Department of Education Instructional Resources Fund or items may be distributed to state educational agencies.(b) Sample items submitted to county boards or regional education service agency selection teams remain the property of the vendor submitting them if claimed within thirty days after instructional materials have been formally adopted. Unclaimed items may be distributed free of charge by the respective county board or regional educational service agency to any school, library or individual who may have need for the sample items.(c) Vendors claiming samples within the thirty-day period shall notify the respective board of education or regional education service agency at the time samples are submitted for study of their intent to recall the samples. All costs shall be borne by the vendors.(d) No county or regional education service agency adoption committee is entitled to request or receive more than eight free samples of any multigrade program being considered for adoption. Any single grade level subject area items used above grade six shall be limited to five free samples per county selection committee. Any individual requesting samples in excess of these limits shall be billed by the vendor at the lowest wholesale price plus shipping. In the case of electronic instructional resources, it is sufficient for vendors to provide access for the purpose of reviewing the resources via a user name and password to a web-based resource or through on-line file transfer or download.
WV Code § 18-2A-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-5. Selection by County Boards; School Curriculum Teams

(a) Vendors, upon requests of county superintendents, shall furnish to county boards the requested sample copies of resources that were selected and placed on the state multiple list by the state board in accordance with the provisions of section three of this article. In the case of electronic instructional resources, it is sufficient for vendors to provide access for the purpose of reviewing the resources via a web-hosted online format.(b) School curriculum teams shall make their curriculum and instructional needs known to the county superintendent and selection committees prior to the consideration of any adopted grouping in accordance with the provisions of section three of this article. The county board shall, upon recommendation of the county superintendent with the aid of a committee of teachers and not later than May 1 of the year following that in which the multiple list for the group was made and approved, select from the state multiple list one or more resources to deliver instruction for a period as provided for elsewhere in this article. Counties are authorized to include nonvoting advisors from the general public in the adoption process, but shall require advisors to provide their assessment of the resources appropriate for the subject before the voting committee commences the selection process.(c) In order to avoid duplication and to maximize resources, with agreement of all county superintendents within a regional education service agency area and subsequent regional education service agency actions, a regional education service agency instructional resources selection team may be established to conduct a review of selected resources placed on the state multiple list by the state board. The membership of the selection team will be established through agreement of the county superintendents with representation of all counties, including any nonvoting advisors from the general public. The resource selection team will provide recommendations to each county superintendent for consideration, review and adoption by each county board.(d) County boards adopting electronic instructional resources shall ensure equity of access for all students at school and shall have a plan to provide equity of access at home if necessary through alternate avenues including, but not limited to, print, software, and hardware support.
WV Code § 18-2A-6 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-6. Retail Prices; Limitation on Profit; Violation; Penalty

It shall be the duty of the state board to fix prices at which the various instructional resources on the state multiple list shall be sold to patrons, the excess of which above contract price shall represent the profit to the retailer; but in no case shall such profit exceed twenty percent of the contract price. The state board shall notify each county superintendent of the instructional resources on the state multiple list and the prices at which they are to be sold, and any person selling such resources at a higher price than that fixed by the state board shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10 nor more than $50.
WV Code § 18-2A-7 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-7. Exchange Privilege; Use of Supplementary Items; State-Approved Depositories Authorized

Contractors shall arrange for the exchange of items, allowing pupils or boards of education an exchange price as liberal as granted on the same items to any city, county, or state in the United States, like conditions prevailing. The exchange privilege shall extend through one entire school year. Nothing in this article prevents the use of supplementary instructional resources, print or electronic, provided they do not displace the adopted instructional resources, nor the use of more advanced items in such schools as may be ready for the same. The state Board of Education is authorized to approve any depository or depositories, either public or private, to serve any county or several counties, whose purpose includes, but is not limited to, offering the savings and services generally associated with local distribution of instructional resources or electronic instructional resources that are not web-based, or any combination thereof, to counties and schools.
WV Code § 18-2A-8 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-8. Instructional Resources Must Be Approved and Listed; When Changes May Be Effected; Rules

(a) No instructional resource, print or electronic, may be used in any public elementary or secondary school in West Virginia as the primary source to deliver the instructional goals and objectives for state required courses unless it has been approved and listed on the state multiple list by the state board, except as otherwise provided in this section. Any changes of items made by the state board shall become effective upon approval. The state board may upon request by a county board and upon justification of that request, and subsequent to the adoption by a county board approve the adoption of additional items to meet the needs of specific children which were not provided for in the original adoption, or waive the requirement to adopt and use resources in a particular school as provided for in section six, article five-a of this chapter. Nothing in this section shall apply to the supplementary items that are needed from time to time.(b) The state board may grant permission to county boards for the continued use of previously adopted resources that are listed on the most recently expired multiple list appropriate for the subject category under consideration. The continued use shall not exceed a period as designated by the state board. The state board may make such rules as it may deem necessary and expedient to carry out the provisions of this article.
WV Code § 18-2A-9 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies|§18-2A-9. Gifts and Bribes to Influence Adoption of Instructional Resources a Felony; Penalty

Any member of the state board, any county superintendent, any member of a county board or any other person who shall receive, solicit, or accept any gift, present, or thing of value to influence that individual in the vote for the adoption of instructional resources, print or electronic, or any combination thereof, or any person who shall either directly or indirectly give or offer to give any such gift, present, or thing of value to any person to influence that individual in voting for the adoption of instructional resources, print or electronic, or any combination thereof, shall be guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than three years.
WV Code § 18-2B-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-1. Aims and Purposes of Program; Areas Where Available

The aims and purposes of the area vocational educational program are to provide vocational training or retraining on an organized basis designed to prepare individuals for useful employment in recognized occupations. The program shall be made available to residents of West Virginia in an area or areas designated and approved by the State Board.
WV Code § 18-2B-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-2. Authority to Establish Programs, etc.; Division of Vocational Education Established; Rules; Director

(a) The State Board may establish, operate and maintain area vocational educational programs including the acquisition by purchase, lease, gift or otherwise of necessary lands and the construction, expansion, remodeling, alteration and equipping of necessary buildings for the purpose of operating and conducting educational training centers.(b) The State Board may delegate its operational authority for multicounty vocational centers to an administrative council composed of equal representation from each of the participating county boards of education, the superintendent of schools from each participating county, and the state director of vocational education or his or her representative. To this end, there is hereby expressly established in the State Board a division of vocational education which shall determine the area or areas in which the programs are to be conducted and is authorized to promulgate rules necessary to carry out the provisions of this article, pursuant to article three-b, chapter twenty-nine-a of this code. The director of the division of vocational education administers and supervises the area vocational educational programs.
WV Code § 18-2B-2a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-2a. Withdrawal From Multicounty Vocational Center Prohibited

Any county which participates in the operation of a multicounty vocational center shall not be permitted to withdraw from such participation.
WV Code § 18-2B-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-3. Area Vocational Education Program Funds

There is hereby established a fund to be known as the Area Vocational Education Program Fund for Secondary Education. There is hereby established a separate fund to be known as the Area Vocational Education Program Fund for Post-Secondary Vocational Education. All moneys appropriated for such purpose by the Legislature as well as any gifts or grants made to the appropriate fund by any governmental subdivision of the state or by the United States government or by any individual, firm or corporation, to carry out the provisions of this article shall be expended by the State Board.
WV Code § 18-2B-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-4. Expenditure of Funds; Title to Property

The State Board may expend the area vocational education program funds for salaries; teachers' retirement contributions and necessary traveling expenses of teachers and other necessary employees, including, but not limited to, vocational guidance counselors; for purchase, rental, maintenance and repair of instructional equipment, buildings and supplies; and for the necessary costs of transportation of certified students.
WV Code § 18-2B-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-5. Title to Property

Title to any property, equipment, tools, furniture or instructional materials purchased prior to the effective date of this section out of the fund provided for area vocational education program funds previously established and existing immediately prior to the effective date of this article shall be transferred to and vested in the West Virginia Board of Education. After the effective date of this article, purchases from funds established in section four shall be vested in the state Board of Education or the board of directors as the case may be.
WV Code § 18-2B-7 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-7. Transportation of Students

The State Board may pay for the transportation of any certified unemployed person participating in any area vocational educational program during the period of time that he or she is engaged in the training program at any of the instructional centers.
WV Code § 18-2B-8 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2B. Area Vocational Program|§18-2B-8. Consulting Committees

The director of vocational education may appoint a consulting committee for each area designated, composed of members representing business, labor, management, school administrators and lay groups. The consulting committee shall advise the head of the local area or training center on such matters pertaining to shop equipment, curriculum, labor- management coordination or selection of personnel. A statewide consulting committee may be appointed by the director of vocational education to serve in the same capacity and for the same purposes.
WV Code § 18-2C-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2C. Harassment, Intimidation or Bullying Prohibition|§18-2C-1. Legislative Findings

The Legislature finds that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The Legislature finds that harassment, intimidation or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe, nonthreatening environment.The Legislature further finds that students learn by example. The Legislature charges school administrators, faculty, staff and volunteers with demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation or bullying.
WV Code § 18-2C-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2C. Harassment, Intimidation or Bullying Prohibition|§18-2C-2. Definitions

(a) As used in this article, "harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that:(1) A reasonable person under the circumstances should know will have the effect of any one or more of the following:(A) Physically harming a student;(B) Damaging a student's property;(C) Placing a student in reasonable fear of harm to his or her person; or(D) Placing a student in reasonable fear of damage to his or her property;(2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or(3) Disrupts or interferes with the orderly operation of the school.(b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.
WV Code § 18-2C-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2C. Harassment, Intimidation or Bullying Prohibition|§18-2C-3. Policy Prohibiting Harassment, Intimidation or Bullying

(a) Each county board shall establish a policy prohibiting harassment, intimidation or bullying. Each county board has control over the content of its policy as long as the policy contains, at a minimum, the requirements of subdivision (b) of this section. The policy shall be adopted through a process that includes representation of parents or guardians, school employees, school volunteers, students and community members.(b) Each county board policy shall, at a minimum, include the following components:(1) A statement prohibiting harassment, intimidation or bullying of any student on school property, a school bus, at a school bus stop or at school sponsored events;(2) A definition of harassment, intimidation or bullying no less inclusive than that in section two of this article;(3) A procedure for reporting prohibited incidents;(4) A requirement that school personnel report prohibited incidents of which they are aware;(5) A requirement that parents or guardians of any student involved in an incident prohibited pursuant to this article be notified;(6) A procedure for documenting any prohibited incident that is reported;(7) A procedure for responding to and investigating any reported incident;(8) A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;(9) A disciplinary procedure for any student guilty of harassment, intimidation or bullying;(10) A requirement that any information relating to a reported incident is confidential, and exempt from disclosure under the provisions of chapter twenty-nine-b of this code; and(11) A requirement that each county board shall input into the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in section twenty-six, article two of this chapter, and compile an annual report regarding the means of harassment, intimidation or bullying that have been reported to them, and the reasons therefor, if known. The West Virginia Department of Education shall compile the information and report it annually beginning July 1, 2012, to the Legislative Oversight Committee on Education Accountability.(c) Each county board shall adopt the policy and submit a copy to the State Superintendent of Schools by December 1, 2011.(d) To assist county boards in developing their policies, the West Virginia Department of Education shall develop a model policy applicable to grades kindergarten through twelfth. The model policy shall be issued by September 1, 2011.(e) Notice of the county board's policy shall appear in any student handbook, and in any county board publication that sets forth the comprehensive rules, procedures and standards of conduct for the school.
WV Code § 18-2C-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2C. Harassment, Intimidation or Bullying Prohibition|§18-2C-4. Immunity

A school employee, student or volunteer is individually immune from a cause of action for damages arising from reporting said incident, if that person:(1) In good faith promptly reports an incident of harassment, intimidation or bullying;(2) Makes the report to the appropriate school official as designated by policy; and(3) Makes the report in compliance with the procedures as specified in policy.
WV Code § 18-2C-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 2C. Harassment, Intimidation or Bullying Prohibition|§18-2C-5. Policy Training and Education

(a) Schools and county boards are encouraged, but not required, to form bullying prevention task forces, programs and other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement and community members.(b) To the extent state or federal funds are appropriated for these purposes, each school district shall:(1) Provide training on the harassment, intimidation or bullying policy to school employees and volunteers who have direct contact with students; and(2) Develop a process for educating students on the harassment, intimidation or bullying policy.(c) Information regarding the county board policy against harassment, intimidation or bullying shall be incorporated into each school's current employee training program.