reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18. Education › Article 31. Hope Scholarship Program › §18-31-2. Definitions

The following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) "Account" or "scholarship" means a Hope Scholarship account, awarded pursuant to this article, to which funds are allocated by the board to the parent or parents of an eligible Hope Scholarship student in order to pay qualifying education expenses to educate the student pursuant to the requirements and conditions of this article;
(2) "Board" means the Hope Scholarship Board created pursuant to 18-31-3 of this code;
(3) "Curriculum" means a complete course of study for a particular content area or grade level, including any supplemental materials required by the curriculum;
(4) "Education service provider" means a person or organization that receives payments from Hope Scholarship accounts to provide educational goods and services to Hope Scholarship students;
(5) "Eligible recipient" means a child who:
(A) Is a resident of this state; and
(B) Is enrolled full-time and attending a public elementary or secondary school program in this state for at least 45 calendar days during an instructional term at the time of application and until an award letter is issued by the board under 18-31-5(c) of this code, or enrolled full-time in a public elementary or secondary school program in this state for the entire instructional term the previous year, or is eligible at the time of application to enroll in a kindergarten program in this state pursuant to 18-8-1a of this code, except that if on July 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a kindergarten program or public elementary or secondary school program in this state at the time of application;
(6) "Hope scholarship funds" means the moneys deposited in a Hope Scholarship students account in accordance with the requirements of this article.
(7) "Hope scholarship student" means a student who receives a scholarship pursuant to this article;
(8) "Parent" means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible recipient or Hope Scholarship student;
(9) "Participating school" means any private school that provides education to elementary and/or secondary students and has notified the board of its intention to participate in the program and comply with the programs requirements;
(10) "Resident school district" means the county school district in which the student resides; and
(11) "Treasurer" means the West Virginia State Treasurer.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 1. General Provisions › §18A-1-3. Constitutionality and Severability

If any provisions of this chapter or the application thereof to any person or circumstances shall be held to be unconstitutional and invalid, such unconstitutionality and invalidity shall not affect any one of the provisions or applications of the chapter which can be given effect without the invalid provisions or applications; and to this end the provisions of this chapter are separable. The Legislature hereby declares that it would have passed the remaining parts of this chapter if it had known that such other part or parts thereof would be declared unconstitutional and invalid.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-1. Employment in General

(a) The employment of professional personnel shall be made by the board only upon nomination and recommendation of the superintendent, subject to the following:
(1) The superintendent shall provide the principal at the school at which the professional educator or paraprofessional employee is to be employed an opportunity to interview all qualified applicants and make recommendations to the county superintendent regarding their employment;
(2) The principal may not recommend for employment an individual who is related to him or her as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister;
(3) Nothing shall prohibit the timely employment of persons to perform necessary duties;
(4) In case the board refuses to employ any or all of the persons nominated, the superintendent shall nominate others and submit the same to the board at such time as the board may direct;
(5) All personnel so nominated and recommended for employment and for subsequent assignment shall meet the certification, licensing, training and other eligibility classifications as may be required by provisions of this chapter and by state board rule. In addition to any other information required, the application for any certification or licensing shall include the applicant's Social Security number.
(b) Professional personnel employed as deputy, associate or assistant superintendents by the board in offices, departments or divisions at locations other than a school and who are directly answerable to the superintendent shall serve at the will and pleasure of the superintendent and may be removed by the superintendent upon approval of the board. Such professional personnel shall retain seniority rights only in the area or areas in which they hold valid certification or licensure.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-1a. Employment of Other Personnel

A county board is authorized to employ athletic directors to work in the public schools under the supervision of a school principal and in accordance with the rules of the county board.
(a) The athletic director is responsible for planning, management, operation and evaluation of the athletic program for the school or schools to which he or she is assigned.
(b) The responsibilities of an athletic director may include, but are not limited to the following:
(1) Supervising athletic games;
(2) Overseeing the athletic budget;
(3) Hiring game officials;
(4) Scheduling athletic contests;
(5) Knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules;
(6) Maintaining proper records as required by West Virginia Secondary Schools Activities Commission (WVSSAC) for school participation;
(7) Scheduling transportation for athletic teams;
(8) Preparing and verifying athletic eligibility lists;
(9) Supervising coaches and, if appropriately certified, observing and evaluating coaches;
(10) Securing all needed personnel for basic athletic event operations;
(11) Procuring and caring for athletic equipment; and
(12) Performing other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-2a. Leaves of Absence for Teachers and Service Personnel

(a) Any teacher who is returning from an approved leave of absence that extended for a period of one year or less shall be reemployed by the county board with the right to be restored to the same assignment of position or duties held prior to the approved leave of absence. Such teacher shall retain all seniority, rights and privileges which had accrued at the time of the approved leave of absence, and shall have all rights and privileges generally accorded teachers at the time of the reemployment.
(b) An employee shall notify the county board at least ten working days prior to beginning a leave of absence. The county board shall approve such leave of absence for any teacher or service personnel who requests an extended leave of absence without pay for any period of time not exceeding one year for the purpose of pregnancy, childbirth or adoptive or infant bonding. An employee shall not be required to use accumulated annual leave or sick leave prior to taking an extended leave of absence.
(c) Such employee who returns from an approved leave of absence for the purpose of pregnancy, childbirth or adoptive or infant bonding which lasted for a period of one year or less than one year shall be reemployed with the right to be restored to the same assignment of position or duties and benefits held prior to the approved leave of absence. Such employee shall retain all rights and privileges generally accorded employees at the time of the reemployment.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-5a. Authorizing Payment for Notification of Retirement

Each county board is authorized to pay, entirely from local funds, $500 or less to any service employee, or to any professional employee who is not a classroom teacher, who gives written notice to the county board on or before March 1 of the school year of his or her retirement from employment with the board at the conclusion of the school year.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-6. Continuing Contract Status for Service Personnel; Termination

After three years of acceptable employment, each service person who enters into a new contract of employment with the board shall be granted continuing contract status. A service person holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if such employment is during the next succeeding school year or immediately following an approved leave of absence which extends no more than one year. The continuing contract of any such employee shall remain in full force and effect except as modified by mutual consent of the school board and the employee, unless and until terminated with written notice, stating cause or causes, to the employee, by a majority vote of the full membership of the board on or before May 1 of the then current year, or by written resignation of the employee on or before that date. The affected employee has the right of a hearing before the board, if requested, before final action is taken by the board upon the termination of such employment.
Those employees who have completed three years of acceptable employment as of the effective date of this legislation shall be granted continuing contract status.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-6a. Released Time for Service Personnel

In the assignment of position or duties of a service person under a continuing contract, the board may provide for released time of a service person for any special professional or governmental assignment without jeopardizing the contractual rights of such service or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any service person while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law. For the purposes of this section, service person is the singular of service personnel as defined in section one, article one of this chapter.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-7a. Statewide Job Bank

(a) The state board shall establish and maintain a statewide job bank to assist the recruitment and reemployment of experienced professional, service and extracurricular personnel. The job bank shall consist of the following for each county:
(1) A list of the names, qualifications, and contact information of all professional, service, and extracurricular personnel who have been terminated because of a reduction in force, except personnel who have requested in writing that they not be listed in the job bank;
(2) A list of professional, service and extracurricular positions for which the county is seeking applicants; and
(3) A total compensation statement for each listed position.
(b) Each county board of education shall provide the information listed in subsection (a) of this section to the state board and the information shall be included in the statewide job bank in a prompt manner.
(c) The job bank shall be accessible electronically to each county and to individuals on a read only basis, except that each county shall have the capability of editing information for the county and shall be responsible for maintaining current information on the county lists.
(d) The following terms are defined as follows:
(1) "Direct compensation" means base salary and incentives that are provided regularly and consistently.
(2) "Indirect compensation" means any noncash benefit provided to an employee, including, but not limited to:
(A) Health insurance;
(B) Dental insurance;
(C) Vision insurance;
(D) Life insurance;
(E) Disability income protection;
(F) Retirement benefits;
(G) Employer student loan contributions or other employee assistance programs;
(H) Educational benefits;
(I) Childcare;
(J) Relocation benefits; and
(K) Vacation leave, sick leave, and any other form of paid time-off.
(3) "Total compensation statement" means a list of direct and indirect compensation provided or offered for a position, including an itemized list of the types of compensation provided or offered and a cumulative total of the value of all compensation provided or offered.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-8a. Notice to Probationary Personnel of Rehiring or Nonrehiring; Hearing

The superintendent at a meeting of the board on or before May 1 of each year shall provide in writing to the board a list of all probationary teachers that he or she recommends to be rehired for the next ensuing school year. The board shall act upon the superintendent's recommendations at that meeting in accordance with section one of this article. The board at this same meeting shall also act upon the retention of other probationary employees as provided in sections two and five of this article. Any such probationary teacher or other probationary employee who is not rehired by the board at that meeting shall be notified in writing, by certified mail, return receipt requested, to such persons' last known addresses within ten days following said board meeting, of their not having been rehired or not having been recommended for rehiring.
Any probationary teacher who receives notice that he or she has not been recommended for rehiring or other probationary employee who has not been reemployed may within ten days after receiving the written notice request a statement of the reasons for not having been rehired and may request a hearing before the board. The hearing shall be held at the next regularly scheduled board of education meeting or a special meeting of the board called within thirty days of the request for hearing. At the hearing, the reasons for the nonrehiring must be shown.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-10. Physical Examinations as Condition of Employment

In case a medical or physical examination of any school board employee or qualified applicant who becomes an employee of the board for any school position is required by a Board of Education or by any administrator, department or agency of government which has authority to require such examination, the cost shall be paid in full by the employer.
It shall be unlawful for any Board of Education to require any employee or applicant who becomes an employee of the board to pay the cost of any medical or physical examination as a condition of employment.
The provisions of this section shall be effective from January 1, 1975.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-11. Employee's Right to Attorney's Fees and Costs

If an employee shall appeal to a circuit court an adverse decision of either a county board of education or of a hearing examiner rendered in a grievance or other proceeding pursuant to provisions of chapters eighteen and eighteen-a of this code and such person shall substantially prevail, the adverse party or parties shall be liable to such employee, upon final judgment or order, for court costs, and for reasonable attorney's fees, to be set by the court, for representing such employee in all administrative hearings and before the circuit court and the Supreme Court of Appeals, and shall be further liable to such employee for any court reporter's costs incurred during any such administrative hearings or court proceedings: Provided, That in no event shall such attorney's fees be awarded in excess of a total of $1,000 for the administrative hearings and circuit court proceedings nor an additional $1,000 for supreme court proceedings: Provided, however, That the requirements of this section shall not be construed to limit the school employee's right to recover reasonable attorney's fees in a mandamus proceeding brought under section eight, article four, chapter eighteen-a of this code.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-13. Recommended Guidelines for Full-Day and Half-Day Cooks

The following guidelines are optional guidelines that county boards may use when scheduling full-day and half-day cooks:
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cook's Hours Worked
1-90112.00
91-1351.512.00
136-180212.00
181-2252.512.00
226-270312.00
271-3153.512.00
316-360412.00
361-4054.512.00
406-450512.00
451-4955.512.00
496-540612.00
541-5856.512.00
586-630712.00
631-6757.512.00
676-720812.00
721-7658.512.00
766-810912.00
811-8559.512.00
856-9001012.00
A meal prepared for a school lunch shall be established as a whole meal. Other meals shall be equal to three fourths of a school lunch meal.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-14. Mileage Reimbursement for School Personnel

A county board shall reimburse any school personnel for each mile traveled when the employee is required to use a personal motor vehicle in the course of employment. The county board shall reimburse at the same rate for all employees in that county. The rate of reimbursement shall be at least the lesser of, and not more than the greater of, the federal standard mileage rate and the rate authorized by the travel management rule of the Department of Administration.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 2. School Personnel › §18A-2-15. County Option Recruitment and Training Programs for Prospective School Bus Operators

(a) The legislature finds that recruiting and retaining bus operators, including substitute bus operators, is a substantial challenge for county boards of education. Accordingly, county boards of education are hereby permitted to establish locally funded recruitment and training programs for prospective bus operators in accordance with this section.
(b) County board funded recruitment and training programs for prospective bus operators are subject to the following:
(1) The program is submitted to the West Virginia Department of Education and is approved;
(2) The program may only be utilized if the county board is unable to maintain an adequate number of bus operators or substitute bus operators in its pool or is experiencing a shortage in adequately staffing its school transportation system;
(3) The program includes requirements for program participants to submit to and pass pursuant to 18A-4-8e(j)(4) of this code, a background check, and submit to and pass pursuant to W. Va. 126CSR92, the West Virginia School Bus Transportation Policy and Procedures Manual (Policy 4336), a drug screen;
(4) The program specifies the amount of any stipend to be paid to program participants or any reimbursement of participant costs or other benefit upon successful completion, if any, and any penalties for failure to complete the program, if any;
(5) The program specifies any obligation on participants who successfully complete the program to apply or become employed by the county board as a bus operator or substitute bus operator for a period of time, if any, and any penalty for failure to comply with any post program completion requirements, if any;
(6) The county board posts bus operator training program position openings on the county board web site and may advertise them in other media, including any appropriate qualifications;
(c) A bus operator recruitment and training program approved by the Department of Education must ensure that all of the requirements to become classified as a bus operator are met for successful program completion.
(d) Completion of a county board bus operator recruitment and training program does not entitle a participant to employment as a bus operator or substitute bus operator for the county board providing the program. The person may attain regular employment status only upon successful application in accordance with this article for an open bus operator or substitute bus operator position with the county.
(e) A person completing a bus operator recruitment training program in accordance with this section does not accrue seniority for time spent in the training program.
2023 West Virginia Code › Chapter 18A. School Personnel › Article 3. Training, Certification, Licensing, Professional Development › §18A-3-1a. Alternative Programs for the Education of Teachers; Purpose; Definitions

(a) Purpose. – Sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i of this article create an alternative means for a qualified person to earn a professional teaching certificate. These sections authorize a school or a school district to offer a rigorous alternative program for teacher certification in partnership with an accredited higher education institution, an entity affiliated with an accredited higher education institution, the West Virginia Department of Education or a regional education service agency, all under the supervision of the State Board.
(b) Definitions. -- For the purposes of this section and sections one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i of this article, the following terms have the meanings ascribed to them, unless the context in which a term is used clearly requires a different meaning:
(1) "Alternative program" means a program for teacher education that is offered as an alternative to the standard college or university programs for the education of teachers;
(2) "Alternative program teacher" means a teacher who holds an alternative program teacher certificate and who participates in an alternative program;
(3) "Area of critical need and shortage" means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed;
(4) "Alternative program teacher certificate" means a temporary teacher certificate that authorizes a person to teach while participating in an alternative program;
(5) "Approved alternative program" means an alternative program that is approved by the State Board in accordance with section one-e of this article;
(6) "Approved education provider" means a partnership that the State Board has approved to provide an alternative program;
(7) "Partnership" means a partnership formed pursuant to section one-b of this article to provide an alternative program;
(8) "Partnership agreement" means an agreement adopted by a partnership pursuant to section one-b of this article; and
(9) "Professional support team" means the group of persons that an approved education provider has selected to train and supervise alternative program teachers.