reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18. Education › Article 9D. School Building Authority › §18-9D-20. Authority to Promulgate Rules; Legislative Authorization; Effective Date of Rules; Technical Deficiencies Waived

(a) The authority is hereby empowered to promulgate, adopt, amend or repeal rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(b) All rules adopted or promulgated by the authority and in effect on June 8, 2007, shall be refiled pursuant to the provisions of article three-a, chapter twenty-nine-a of this code on or before September 1, 2007.
(1) Any interpretive or procedural rule shall continue in effect until rescinded or appropriately refiled by the authority.
(2) Any legislative rule shall continue in effect until approved or rejected by the Legislature or rescinded by the authority.
(c) Under the provisions of article three-a, chapter twenty-nine-a of this code, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations with respect to each rule set forth by law authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
(d) The effective date of a legislative rule authorized in section twenty-one of this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code under the following conditions:
(1) The School Building Authority, in promulgating the rule, establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the authority controls; or
(2) The Legislature, in the bill authorizing the rule, establishes an effective date for the rule, in which case the effective date established by the Legislature controls.
(e) The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.
2023 West Virginia Code › Chapter 18. Education › Article 9D. School Building Authority › §18-9D-21. Authorizing Rules of School Building Authority

(a) The legislative rule filed in the State Register on September 27, 2007, relating to the School Building Authority (School Building Authority requirements for Comprehensive Educational Facility Plan rule), is repealed and enrolled as a procedural rule.
(b) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (funding School Building Authority projects rule), is authorized.
(c) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority school planning and design criteria rule), is authorized.
(d) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority project administration and review rule), is authorized.
(e) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority contract and agreements rule), is authorized.
(f) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority reporting procedures rule), is repealed.
(g) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Access Safety Act rule), is authorized.
(h) The legislative rule filed in the State Register on December 16, 2019, relating to the School Building Authority (School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid rule), is authorized.
(i) The legislative rule filed in the State Register on December 15, 2021, relating to the School Building Authority (Funding School Building Authority Projects), is authorized.
2023 West Virginia Code › Chapter 18. Education › Article 9E. Air Quality in New Schools Act › §18-9E-4. Heating, Ventilation, and Air-Conditioning Technicians

(a) Subject to appropriation by the Legislature therefor, the state board, in consultation with the division of health, shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code that will address servicing public school buildings by heating, ventilation and air-conditioning (HVAC) technicians. The rules shall set forth a job description for the HVAC technician. At the discretion of the state board, HVAC technicians may be employed by the county board of education, by the regional educational service agency servicing the county or by the Department of Education using the funds allocated pursuant to this section. The hiring entity shall set a salary for the HVAC technician that is competitive with other employers of HVAC technicians in the region after accounting for annual leave, sick leave, insurance benefits, retirement benefits and any other benefits provided. Existing employees who have advanced HVAC skills or existing employees who receive appropriate HVAC training may be utilized as HVAC technicians. The rules also shall provide for sufficient continuing education training for HVAC technicians to maintain proficiency in the changing technologies in the field. The rules shall be submitted to the Legislative Oversight commission on educational accountability prior to September 1, 1999.
(b) County boards, regional educational service agencies and the Department of Education shall have the option to contract for HVAC services from prequalified vendors if this option is more cost effective than using existing employees or creating a new position: Provided, That an existing employee may not be displaced by contracting for HVAC technician services: Provided, however, That HVAC services that have been performed in the past or which require knowledge and experience the employer does not have access to, may be contracted out to a prequalified vendor.
(c) Funds appropriated for the purpose of hiring HVAC technicians shall be appropriated originally to the Department of Education. The Department of Education then may allocate the funds to the regional educational service agencies or to the counties, depending upon which entity employs the HVAC technician as specified by rule.
2023 West Virginia Code › Chapter 18. Education › Article 9E. Air Quality in New Schools Act › §18-9E-5. Investigation of Indoor Air Quality Complaints in Existing Schools and Schools Subsequently Constructed

(a) The state board, in consultation with the division of health, shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code which require each county board to investigate all reports of indoor air quality problems within the county. The rules shall set forth a designated official or officials within the county school system to be responsible for addressing, pursuant to this section, any indoor air quality complaints. The rules also shall set forth a procedure for any party to file a complaint with the designated official or officials. Any indoor air quality complaint found to be valid by the designated official or officials shall be addressed by forming a plan of correction. Any county board that addresses an indoor air quality complaint is encouraged to seek any available assistance from local, state and federal agencies in both investigating the complaint and in forming the plan of correction. A county board shall consider any documented plans of closure of a school building when forming any plan of correction for that school building. The rules shall be submitted to the Legislative Oversight commission on education accountability prior to September 1, 1999. Additionally, the rules shall set an appropriate cost for a plan of correction over which all such plans of correction shall be reported to the Legislative Oversight commission on education accountability. Based upon the Legislative Oversight commission on education accountability's experience in receiving the complaints, the commission shall submit a recommendation for funding the plans of correction.
(b) Furthermore, each plan of correction shall be incorporated into each county board's ten-year county-wide major improvement plan set forth in section sixteen, article nine-d of this chapter. Also pursuant to section sixteen, article nine-d of this chapter, the state board may restrict the use of the necessary funds or otherwise allocate funds from moneys appropriated by the Legislature for those purposes set forth in section nine, article nine-a of this chapter: Provided, That nothing in this subsection shall be interpreted as requiring that a county board make addressing an air quality complaint a priority over other projects in the county board's ten-year county-wide major improvement plan.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-1. Legislative Findings and Intent

(a) The Legislature finds that:
(1) Establishing and maintaining safe and secure schools is critical to fostering a healthy learning environment and maximizing student achievement;
(2) All school facilities in the state should be designed, constructed, furnished and maintained in a manner that enhances a healthy learning environment and provides necessary safeguards for the health, safety and security of persons who enter and use the facilities;
(3) Adequate safeguards for the ingress to and egress from school facilities of pupils, school employees, parents, visitors and emergency personnel are critical to the overall safety of the public schools in this state;
(4) Safety upgrades to the means of ingress to and egress from school facilities for pupils, school employees, parents, visitors and emergency personnel must be part of a comprehensive analysis of overall school safety issues that takes into consideration the input of local law-enforcement agencies, local emergency services agencies, community leaders, parents, pupils, teachers, administrators and other school employees interested in the prevention of school crime and violence;
(5) In order to help ensure safety in all schools within the state and to be prepared to adequately respond to potential crises, including any traumatic event or emergency condition that creates distress, hardship, fear or grief, each school must have an up-to-date comprehensive crisis response plan as detailed in section nine of this article.
(b) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds for the design, construction, renovation, repair and upgrading of facilities so as to enhance school access safety and provide secure ingress to and egress from school facilities to pupils, school employees, parents, visitors and emergency personnel.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-2. Definitions

As used in this article, these terms have the meanings ascribed unless the context clearly indicates a different meaning:
(1) "Authority" means the School Building Authority of West Virginia;
(2) "Department of Education" means the West Virginia Department of Education;
(3) "New school building" means any public school in the state for educating students in any of grades kindergarten through twelve, for which design and construction begin after July 1, 2007;
(4) "Project cost" means the cost of:
(A) Evaluating a school facility to ascertain its safety needs;
(B) Determining appropriate measures to address safety needs;
(C) Developing a safety plan;
(D) Administering a safety project;
(E) The design, construction, renovation, repair and safety upgrading of a school's means of ingress and egress;
(F) Equipment, machinery, installation of utilities and other similar items necessary to making the project operational;
(G) Effectively maintaining structural and equipment investments made pursuant to this article, including, but not limited to, such provisions as maintenance contracts on security equipment and video surveillance services; and
(H) All other charges necessary, appurtenant or incidental to the provisions of this subdivision, including the cost of administering this article;
(5) "School Access Safety Fund" means the special account established in section five of this article;
(6) "School access safety plan" or "safety plan" means the comprehensive countywide school access safety plan that:
(A) Is prepared by each county board seeking funding under this article and incorporated into its comprehensive educational facilities plan in accordance with guidelines established by the authority;
(B) Addresses the access safety needs for all school facilities in the county;
(C) Includes a projected school access safety repair and renovation schedule for all school facilities of the county; and
(D) Is required prior to the disbursement of state funds for a school access safety project pursuant to this article; and
(7) "School access safety project" or "safety project" means a project administered in furtherance of a school access safety plan pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-3. School Access Safety Plan

(a) To facilitate the goals of this article and to ensure the prudent and resourceful expenditure of state funds, each county board seeking funds for school access safety projects during a fiscal year shall submit to the authority a school access safety plan or annual plan update that addresses the school access safety needs of each school facility in the county. In developing its plan, the county board shall consult with the Countywide Council on Productive and Safe Schools in accordance with the provisions of this section and section forty-two, article five of this chapter.
(b) The safety plan shall include at least the following:
(1) A countywide inventory of each school facility's means of ingress to and egress from the school for students, school employees, parents, visitors and emergency personnel including, but not limited to:
(A) The number of controlled points of ingress to the school facility;
(B) The number and placement of exterior doors;
(C) The use of monitoring systems on exterior doors;
(D) The use of timed, magnetic or other locks on exterior doors;
(E) The use of two-way communication systems between points of ingress and school personnel;
(F) The use of functional panic or other alarm hardware on exterior doors; and
(G) The use of remote visitor access systems on points of ingress;
(2) The recommendations and guidelines developed by the Countywide Council on Productive and Safe Schools pursuant to section forty-two, article five of this chapter, together with the county board's assessment of the recommendations and guidelines;
(3) Recommendations for effective communication and coordination between school facilities, local law-enforcement agencies and local emergency services agencies in the county;
(4) An assessment of the current status of crime committed on school campuses and at school-related functions;
(5) A projected school access safety repair and renovation schedule for all school facilities in the county;
(6) A prioritized list of all projects contained in the plan, including the projected cost of each project;
(7) A description of how:
(A) The plan addresses the goals of this article and guidelines established by the authority;
(B) Each project furthers the county board's safety plan, facilities plan and school major improvement plan;
(8) Notation of the funds available for allocation and disbursement to the county board pursuant to section six of this article;
(9) A description of any source of local funds that the county board intends to contribute to the safety projects, or an approved financial hardship waiver, to satisfy the local contribution requirements of section six of this article; and
(10) Any other element considered appropriate by the authority or required by the guidelines established pursuant to section three of this article, including any project and maintenance specification.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-4. Guidelines and Procedures for School Access Safety Plans; Project Evaluation; On-Site Inspection of Facilities

(a) By June 1, 2007, the authority shall establish and distribute to each county board guidelines and procedures regarding school access safety plans and school access safety projects, which shall address at least the following:
(1) All of the necessary elements of the school access safety plan required in accordance with the provisions of section three of this article;
(2) The manner, time line and process for submission to the authority of each safety plan and annual plan update, including guidelines for modification of an approved safety plan;
(3) Any project and maintenance specifications considered appropriate by the authority;
(4) Procedures for a county board to submit a preliminary plan, plan outline or plan proposal to the authority prior to submitting the safety plan. The preliminary plan, plan outline or plan proposal shall be the basis for a consultation meeting between representatives of the county board and the authority. The meeting shall be held as soon as practicable following submission in order to:
(A) Ensure understanding of the goals of this article;
(B) Discuss ways the plan may be structured to meet the goals of this article; and
(C) Ensure efficiency and productivity in the approval process; and
(5) Procedures for notifying county boards of the funds available for allocation and disbursement during each fiscal year pursuant to section six of this article.
(b) By June 1, 2007, the authority shall establish and distribute to each county board guidelines and procedures for evaluating safety plans and safety projects that address at least the following:
(1) Whether the proposed safety project furthers the safety plan and complies with the guidelines established by the authority;
(2) How the safety plan and safety project will ensure the prudent and resourceful expenditure of state funds and achieve the purposes of this article;
(3) Whether the safety plan and safety project advance student health and safety needs, including, but not limited to, critical health and safety needs;
(4) Whether the safety plan and safety project include regularly scheduled preventive maintenance; and
(5) Consideration of the prioritized list of projects required by section three of this article.
(c) The authority shall establish guidelines and procedures for allocating and disbursing funds in accordance with section six of this article, subject to the availability of funds.
(d) Each county board receiving funds pursuant to this article annually shall conduct an on-site inspection and submit an audit review to the state board. The inspection shall be conducted in accordance with the provisions of the Department of Education's Handbook on Planning School Facilities.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-5. School Access Safety Fund

(a) There is hereby established in the state Treasury a special account designated the School Access Safety Fund.
(b) All funds accruing to the authority pursuant to the provisions of this article shall be deposited into the fund and expended in accordance with provisions of this article.
(c) Any funds remaining in the account at the end of a fiscal year, including accrued interest, do not revert to the General Revenue Fund, but remain in the account.
(d) The authority may transfer moneys from the fund to custodial accounts maintained by the authority with a state financial institution, as necessary to the performance of any contracts executed by the authority in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-6. Allocation of Funds; Eligibility for Funding

(a) On or before May 1 of each year, the authority shall determine the amount of funds available in the School Access Safety Fund for allocation and disbursement during that fiscal year.
(b) The authority shall divide the amount of funds available pursuant to subsection (a) of this section by the total net enrollment in public schools for the state as a whole. That quotient is the per pupil amount. The authority shall allocate to each county board the per pupil amount of funds for each student in net enrollment of that county, as defined in section two, article nine-a of this chapter.
(c) The authority shall notify in writing each county board of education the amount of funds available to that board as soon as practicable upon determining that amount pursuant to subsection (b) of this section.
(d) Except as provided in subdivision (3) of this subsection, to be eligible to receive a disbursement of funds pursuant to this article, a county board shall contribute local funds derived from bonding, special levy or other identified sources to the school access safety projects contained in the county board's school access safety plan.
(1) The amount of a county board's contribution shall equal at least fifteen percent of the funds available to the county board pursuant to subsection (b) of this section.
(2) A county board may submit a financial hardship waiver request to the state board for consideration regarding the county board's inability to provide the contribution required by this subsection. Upon review and approval of the request by the state board, the authority shall waive the contribution requirement for that county board and allocate and disburse funds pursuant to this article.
(e) The authority may disburse funds pursuant to this section only to a county board that:
(1) Has a safety plan that has been approved by the authority; and
(2) Is prepared to commence expending the funds during the fiscal year in which the funds are disbursed.
(f) The authority may disburse funds to a county board in a lump sum or according to a schedule of payments adopted by the authority that is consistent with its guidelines.
(g) To encourage county boards to proceed promptly with school access safety planning and to prepare for the expenditure of funds derived pursuant to this article, a county board forfeits any funds that it fails to expend within one year of disbursement by the authority. The county board is ineligible for any additional allocation or disbursement pursuant to this article until it is prepared to expend funds according to an approved school access safety plan.
(1) The authority may authorize an extension beyond the one-year forfeiture period not to exceed an additional six months.
(2) Any forfeited funds shall be returned to the School Access Safety Fund and made available for future allocation and disbursement.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-7. School Access Safety Requirements for New Schools

(a) Notwithstanding any other provision of this code to the contrary, and in an effort to enhance school access safety, the design and construction of any new school building receiving funds from the authority shall comply with the school access safety standards established by the authority. Any new school building that does not comply with the school access safety standards may not receive any funds from the authority pursuant to this article.
(b) The authority shall propose a rule for legislative approval in accordance with the provisions of article three-a, chapter twenty-nine-a of this code that establishes standards for school access safety in public school buildings. The rule shall require for any project that will receive funding pursuant to this article that the county board shall submit any new school design to the authority for review and approval for compliance with this section prior to preparing final bid documents.
2023 West Virginia Code › Chapter 18. Education › Article 9F. School Access Safety Act › §18-9F-10. School Safety Requirements

In addition to any other requirement contained in this article or the Crisis Response Plan required by 18-9F-9 of this code, each county board of education shall implement a school safety program before September 1, 2019, that at a minimum, requires:
(1) Room numbers to be placed on exterior walls or windows of school buildings, so rooms with exterior walls can be identified by law enforcement, first responders, and State Fire Marshals from the outside;
(2) Providing updated floor plans of the school to first responders, local law enforcement, and State Fire Marshals by September 1 of each school year;
(3) First aid training for all school personnel and students each school year; and
(4) Active shooter training for all school personnel and students at the beginning of each school year.
2023 West Virginia Code › Chapter 18. Education › Article 9G. Water Bottle Filling Stations › §18-9G-1. Purpose

The purpose of this bill is to support maintaining a childs overall health, such as regulating temperature, transporting nutrients, and preventing disease. Drinking sufficient amounts of water can have many health benefits, such as reduced dental cavities and maintaining a healthy body weight. Studies show when water bottle filling stations are installed in schools, students nearly triple the amount of how much water they drink at lunch time and the likelihood of students in those same schools being at an unhealthy weight is greatly reduced. Additionally, studies have shown that there are more germs found on an average classroom water fountain spigot than a toilet seat or an animal cage. Accordingly, promoting the use of a water bottle filling station reduces the spread of germs and disease.
2023 West Virginia Code › Chapter 18. Education › Article 9G. Water Bottle Filling Stations › §18-9G-2. Definitions

As used in this section these words have the following meaning:
(1) "Construction project" means a project in the furtherance of a facilities plan with a cost of greater than $1,000,000 for the new construction, expansion, or major renovation of the facilities, buildings, and structures for school purposes, including:
(A) The acquisition of land for current or future use in connection with the construction project;
(B) New or substantial upgrading of existing equipment, machinery, or furnishings; and
(C) Installation of utilities and other similar items related to making the construction project operational.
(D) "Construction project" does not include such items as books, computers, or equipment used for instructional purposes; fuel supplies; routine utility service fees and routine maintenance costs; ordinary course of business improvements; and other items which are customarily considered to result in a current or ordinary course of business operating charge or a major improvement project.
(2) "Major improvement" means a project meeting one or more of the following:
(A) Increasing the square footage of a school by more than 5,000 square feet; or
(B) Any renovations or upgrades to a school with a cost greater than $500,000 where plumbing work constitutes more than 20 percent of the projects construction cost.
(3) "Public school" means any school under the general supervision of the West Virginia Board of Education pursuant to section two, article XIII of the Constitution of West Virginia and includes any charter school pursuant to 18-5G-1
et seq
. of this code.
(4) "Water bottle filling station" means a station to which the following apply:
(A) The station is designed to fill a bottle with water;
(B) The station dispenses filtered drinking water;
(C) The station may be integrated into a drinking fountain; and
(D) The station shall be touchless for sanitary reasons.
2023 West Virginia Code › Chapter 18. Education › Article 9G. Water Bottle Filling Stations › §18-9G-3. Plans for New Construction and Major Improvements of Public School Buildings Required to Provide Sufficient Water Bottle Filling Stations

(a) The state board shall promulgate a rule pursuant to 29A-3B-1
et seq
. of this code on or before November 1, 2022, to require newly constructed public school buildings to include the following:
(1) A minimum of one water bottle filling station on each floor and wing of each public school building;
(2) At least one water bottle filling station in all school food service areas;
(3) At least one water bottle filling station near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and
(4) A minimum of at least one water bottle filling station per 200 building occupants projected upon completion of the projected construction.
(b) The state board shall promulgate a rule pursuant to 29A-3B-1
et seq
. of this code on or before November 1, 2022, to require existing public school buildings undergoing a major improvement to include a minimum of half of the facilitys existing water coolers being retrofitted or replaced to provide water bottle filling capability and be made ADA compliant. Pending the availability of a water supply line and sanitary plumbing, the preferred placement of these stations shall be in the following areas:
(1) School food service areas;
(2) Near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and
(3) Grouped toilet areas.
(c) Any water bottle filling station installed in a public school building shall:
(1) Dispense filtered, clean drinking water;
(2) Be touchless for sanitary reasons;
(3) Be regularly cleaned to maintain sanitary conditions; and
(4) Be regularly maintained to ensure proper functioning.
(d) County boards shall adopt a policy to permit students in schools with one or more water bottle filling stations to carry water bottles.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-1. Assent to Federal Land Grants for West Virginia University; Investment of Funds From Sale of Land Warrants

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of July second, eighteen hundred and sixty-two, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," and of all subsequent acts of Congress amending or supplementing said act, and accepts the grants authorized thereby. The funds derived from the sale of United States land warrants which were donated to this state for the purpose of endowing an agricultural college shall be invested by the board of the school fund in a loan or public stocks of the United States, or otherwise, as required by Congress, for the use and benefit of West Virginia University.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-2. Federal Aid for West Virginia Agricultural Experiment Station

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of March second, eighteen hundred and eighty-seven, entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto," and of all subsequent acts of Congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-3. Federal Aid for West Virginia University and West Virginia State University

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public land to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of the act of Congress approved July second, eighteen hundred and sixty-two," and of all subsequent acts of Congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.
The state of West Virginia hereby designates West Virginia University as the beneficiary of appropriations under the eighteen hundred and sixty-two act of Congress referred to in section one of this article and West Virginia State University as the beneficiary of appropriations under the eighteen hundred and ninety act of Congress referred to in this section and shall maximize the full federal matching requirement, including, but not limited to, 7 U.S.C. 3222d(c) through a separate line item appropriation for each of the two institutions.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-4. Federal Aid for Cooperative Agricultural Extension Work

The state of West Virginia hereby renews its assent to the provisions and purposes of the act of Congress of May eighth, nineteen hundred and fourteen, entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of Congress approved July second, eighteen hundred and sixty-two, and of acts supplementary thereto, and the United States Department of Agriculture," and of all subsequent acts of Congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-5. Federal Aid for Vocational Education; Duties of State Board of Education

The provisions and purposes of the act of Congress of February twenty-third, nineteen hundred and seventeen, entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures," are hereby accepted by the State of West Virginia as to (a) appropriations for the salaries of teachers, supervisors and directors of agricultural subjects; (b) appropriations for salaries of teachers of vocational and industrial subjects; (c) appropriations for the training of teachers, supervisors and directors of vocational subjects.
The state Board of Education is hereby designated as the state board to carry out the provisions of said act so far as the same relates to the cooperation of the states and the federal government, and shall have full power to do all things necessary in the formulation and execution of plans for the promotion of education in agriculture, in trades and industries, and to formulate and execute plans for the preparation of teachers of vocational subjects.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-8. Acceptance and Distribution of Future Federal Funds Available to State

The state Board of Education is hereby authorized and empowered to accept for the State of West Virginia, and expend for the purpose designated, any funds that may hereafter be made available to the board out of the federal treasury by an act or acts of Congress and allocated to this state for vocational education, or for the use or benefit of the state colleges and other state institutions under the direct control and supervision of the board, or for any other educational purpose.
The state superintendent of free schools is hereby authorized and empowered to accept for the State of West Virginia any funds that may hereafter be made available to the state Department of Education or to the state superintendent of free schools out of the federal treasury by an act or acts of Congress for current expense, capital outlay, free textbooks, or any other educational purpose in local public school units, or for any other educational purpose.
Subject to the provisions and conditions of applicable federal law with respect to the allocation and distribution of any federal funds for current expense purposes in local public school units, the state board of school finance is hereby authorized and empowered to allocate and distribute said federal funds in accordance with the following provisions:
1. Of said federal funds received, seventy-one percent shall be allocated for teachers' salaries and the distribution to each county board of education shall be made on the basis of actual teachers employed at the end of the second month of the current school term and said allocated share of such funds shall be used in said county for the purpose of adding to the present minimum legal salaries the following increments:
(a) Ten dollars per month for all teachers holding emergency certificates based on less than two years of college training.
(b) Twenty-five dollars per month for all teachers holding regular certificates based on less than four years of college training and all teachers holding emergency certificates based on two or more years of college training.
(c) Sixty-five dollars per month for all teachers holding regular certificates based on college degrees.
All such increments may be reduced or increased on a proportionate basis in accordance with the amount of funds available under the seventy-one percent allocation.
2. The balance of said federal funds, the equivalent of twenty-nine percent of said funds, shall be distributed among the several counties. Such distribution shall be based on the net enrollment for the fourth school month of the current year and determined on a ratio that said net enrollment of each county bears to the total net enrollment of the state.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-9. State Board of Education, Board of Governors and Commissioner of Public Institutions Empowered to Carry Out Provisions of Federal Aid Acts

The state Board of Education as to educational matters other than those relating to the West Virginia University, the board of Governors of West Virginia University as to educational matters relating to said university, and the state commissioner of public institutions, as to financial and business matters, as provided by law, are authorized and empowered to carry out the provisions of the original and supplemental acts of Congress mentioned or referred to in this article, and of any subsequent act or acts of Congress making appropriations to this state for educational purposes.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-10. Custody and Disbursement of Federal Funds

The treasurer of this state shall be the custodian of all moneys received by the state from appropriations made by any of the original or supplemental acts of Congress mentioned or referred to in sections two to six, inclusive of this article, and of all moneys received by the state from appropriations for educational purposes that may hereafter be made by any act or acts of Congress, and is authorized to receive and provide for the proper custody of the same. He shall keep an accurate account of the moneys so received, shall place the same to the credit of the proper institutions or funds, and, unless a different method is provided by law, shall make disbursements therefrom upon warrants of the State Auditor issued on requisitions of the state commissioner of public institutions: Provided, however, That disbursements from the funds received for vocational education and vocational rehabilitation shall be made upon warrants of the State Auditor issued on requisitions of the state Board of Education approved by the state commissioner of public institutions. The treasurer shall include in his biennial report to the Governor a statement of his receipts and disbursements under the provisions of this article.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-11. West Virginia Library Commission Authorized to Accept Federal Appropriations for Rural Library Service; Governor May Supplement State Appropriation

The West Virginia Library Commission, established by section twelve, article one, chapter ten of this code, is hereby authorized and empowered to accept for the State of West Virginia any appropriations of money for rural library service, and for similar library purposes, that may hereafter be made out of the federal treasury by an act or acts of Congress.
Should the appropriation provided by the Legislature for the purpose prove insufficient in amount to meet the requirements of the federal government relative to library purposes, the Governor may supplement, from his contingent fund or from any other funds available for the purpose, said legislative appropriation by an amount sufficient to meet the said requirements of the federal government.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-12. Custody and Disbursement of Library Funds

The treasurer of this state shall be the custodian of all moneys received by the state from appropriations made by any of the original or supplemental acts of Congress mentioned or referred to in section eleven of this article, and specifically of all moneys received by the state from appropriations for such library purposes that may hereafter be made by any act or acts of Congress; and he is authorized to receive and to provide for the proper custody of the same. He shall also be the custodian of such library moneys received by the state from any other agencies, private and/or otherwise; and he is similarly authorized to receive and provide for the proper custody of these funds. The treasurer shall keep an accurate account of the moneys so received from whatever source, shall place the same to the credit of the West Virginia Library Commission; and, unless a different method is provided by law, he shall make disbursements therefrom upon warrants of the State Auditor issued on requisitions of the West Virginia Library Commission approved by the state commissioner of public institutions. The said Library Commission shall make bylaws, rules and regulations for the allocation and administration of all library funds, and for the establishment of an adequate system of auditing and reporting such disbursements. The treasurer shall include in his biennial report to the Governor a statement of his receipts and disbursements under the provisions of this section.
2023 West Virginia Code › Chapter 18. Education › Article 10. Federal Aid and Gifts for Educational Purposes › §18-10-13. State Educational Institutions Authorized to Participate in Federal Student Loan Program

The governing board of each state educational institution is hereby authorized and empowered to comply with all provisions of federal law necessary to permit participation by such institution in the federal student loan program established by the "National Defense Education Act of 1958" or by any other act of Congress heretofore or hereafter enacted. The state matching funds needed to qualify the institution for receipt of federal contributions under any such program may be provided by the board from gifts or grants available to the institutions for loans to students unless the terms of the gift or grant would preclude its use for matching purposes.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-2. Division of Rehabilitation Services

(a) The Division of Rehabilitation Services is transferred to the Department of Commerce created in §5F-1-1 et seq. of this code. The secretary shall appoint any board, commission, or council over the division to the extent required by federal law to qualify for federal funds for providing rehabilitation services for disabled persons. The secretary and the boards, commissions or councils as he or she is required by federal law to appoint are authorized and directed to cooperate with the federal government to the fullest extent in an effort to provide rehabilitation services for disabled persons.
(b) References in this article or §18-10B-1 et seq. of this code to the state Board of Vocational Education, the state Board of Rehabilitation or the state board as the governing board of vocational or other rehabilitation services or facilities mean the Secretary of Commerce. All references in the code to the Division of Vocational Rehabilitation mean the Division of Rehabilitation Services and all references to the Director of the Division of Vocational Rehabilitation means the Director of the Division of Rehabilitation Services.
2023 West Virginia Code › Chapter 18. Education › Article 10A. Rehabilitation Services › §18-10A-2a. Rehabilitation Teachers

(a) Notwithstanding any other provision of this code to the contrary, beginning July 1, 2012, rehabilitation teachers shall be paid at the equivalent rate of pay of teachers, pursuant to section two, article four, chapter eighteen-a of this code. Rehabilitation teachers shall be paid outside the public school support plan, defined in section one, article nine-a of this chapter, and shall receive the equivalent of the salary supplement paid to teachers employed by the county board within the county where the administrative headquarters of the division are located, pursuant to section five-a, article four, chapter eighteen-a of this code.
(b) For purposes of this section, the following words shall be construed as follows:
(1) "Rehabilitation teacher" means any person employed by the division and who meets the certification requirements of section two-a, article three, chapter eighteen-a of this code, or who has been certified to teach by a state or nationally recognized organization, as approved by the office of the secretary of education and the arts. The teachers shall maintain current certification in their teaching areas in order to remain employed and may teach only in the areas in which they are certified: Provided, That teachers who were employed on or before April 1, 1995, are exempt from the following requirements:
(A) Certification pursuant to section two-a, article three, chapter eighteen-a of this code;
(B) Maintenance of current certification in their teaching areas in order to remain employed; and
(C) Teaching only in the areas in which they are certified.
(2) "Equivalent rate of pay" means an annualized rate based on a two hundred forty-day teaching schedule and includes pay for vacation and legal state holidays.