reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-25. Duties of Superintendent as Secretary of Board

The county superintendent as secretary of the board shall:
(1) Take the oath prescribed in the Constitution before performing any of the duties of his office;
(2) Attend all board meetings and record its official proceedings in a book kept for that purpose;
(3) Record the number of each order issued, the name of the payee, the purpose for which the order was issued, and the amount thereof. Every order shall be signed by the secretary and the president of the board;
(4) Care for and keep all papers belonging to the board, including evidences of title, contracts and obligations. They shall be kept in the secretary's office, accessibly arranged for reference;
(5) Record and keep on file all papers and documents pertaining to the business of the board;
(6) Keep the accounts and certify the reports required by law or requested by the board;
(7) Administer oaths to school officers, teachers and others making reports;
(8) Deliver in proper condition to his successor all records and property pertaining to his office; and
(9) Exercise such other duties as are prescribed by law.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-26. School Buildings as Child Care Facilities

The Legislature finds that school facilities are suitable for the provision of child day care and that such day care centers are needed by school personnel and other parents in the school and the community. Therefore, on or before April 1 of each year, each county board of education shall compile a list of facilities under the jurisdiction of the county board of education which would have space available for child day care for the benefit of school employees and others during the next ensuing school year. Such space shall be made available thereafter for use as a child day care facility upon the decision of the county board or upon written request therefor by a duly authorized representative of the local membership of a statewide association of school personnel, a parent-teacher association or any other entity recognized by the county board as suitably responsible for the implementation of such program in the county until such time as the space is deleted from the list for good cause shown.
The child care facility shall be operated in accordance with guidelines to be adopted by a committee appointed by the state superintendent which shall include representatives of the Legislature, the department of human services, at least two individuals active in statewide associations of school personnel, at least two individuals active in parent-teacher associations, and at least two county school administrators. Such guidelines may provide that the child day care facility be funded by the parents, the school personnel or parent-teacher associations, the county board of education or any combination of funding, including independent or federal funding sources. Within such guidelines and dependent upon adequate facilities and personnel, any county board of education may extend use of the child day care facility to other than school personnel.
Upon decision by the county board and in accordance with state law, any child care facility operated pursuant to the provisions of this section may be deemed operated by the county for purposes of liability and insurance. Personnel hired therefor may be deemed county school personnel or may be independent contractors pursuant to a management contract entered into between the county board and the child care providers. Any parent-teacher association, school personnel association or other entity involved in implementation of the program may also be party to such contract.
Schools need not be open for any other purpose for such day care centers to operate.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-32. Assistant Superintendents; Directors and Supervisors of Instruction and Other Educational Activities

(a) The county board, upon the recommendation of the county superintendent, may employ an assistant whose term of employment may be not less than one nor more than four years: Provided, That his or her term may not extend beyond that of the incumbent county superintendent.
(b) The board may not employ more than one assistant for each two hundred teachers or major fraction thereof.
(c) The county board, upon the recommendation of the county superintendent, is authorized to employ general and special supervisors or directors of instruction and of other educational activities as may be considered necessary.
(d) The employment of the assistant superintendent shall be on a twelve-month basis. The period of employment for all others named herein shall be at the discretion of the county board.
(e) Rules for qualifications of assistant superintendents, and directors and supervisors of instruction and of other educational activities shall be fixed by the state board: Provided, That the qualifications required for any assistant superintendent may not be higher than those required for the county superintendent: Provided, however, That the rules do not affect the status of any incumbent nor his or her right to succeed himself or herself in his or her assigned position.
(f) The county board is authorized to reimburse the employees for their necessary traveling expenses upon presentation of a monthly, itemized, sworn statement approved by the county superintendent.
(g) Any person employed under the foregoing provision of this section, provided he or she holds a valid teacher's certificate, shall be given continuing contract status as a teacher and shall hold that status unless dismissed for statutory reasons.
(h) The job duties of a professional educator employed under the provisions of this section, including a professional educator employed as a "supervisor" or "central office administrator" as defined in section one, article one, chapter eighteen-a of this code, shall include substitute teaching on at least three instructional days each school year: Provided, That the substitute teaching requirement of this subsection does not apply to the superintendent and those who have never held a teaching certificate or an administrative certificate.
(i) All acts or parts of acts inconsistent with this section are hereby repealed.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-35. Group Insurance

Whenever a majority of the full-time instructional and administrative employees of a county board of education, or a majority of the full-time nonteaching employees of said board shall indicate in writing to the board of Education that it has subscribed to an automobile, a life, health and accident, hospitalization or surgery insurance, or death benefit plan on a group basis, and such majority has selected a licensed insurance agent or a company duly licensed to do business in this state to write or provide for any one or more of such group insurance, or death benefit coverages, the board may make proper periodical premium deductions from the regular salary of any such employee as specified in a written assignment furnished it by each such employee subscribing thereto, and pay the aggregate of such salary deductions over to the insurance company or companies or voluntary association so selected.
For the purpose of this section when an employee shall have attained the age of eighteen years, the said employee may be eligible to participate in the defined group plans.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-36. Payment for Fire Services on Public School Property

Where a fire company or fire department necessarily renders service in preventing or extinguishing fires upon public school property situated beyond their legal sphere of operation, the county board of education may pay, as a consideration for said services, a reasonable compensation to such fire company or fire department and such expenditures therefor shall be made from the general current expense fund as an incidental expense.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-41. Content Based Censorship of American History Prohibited

(a) No county board of education shall prohibit the use as an educational resource or teaching device any historical document related to the founding of the United States of America or any government publication solely because the document contains a religious reference or references: Provided, That the use of such materials must serve a bona fide secular educational purpose which does not advance or inhibit a religion or particular religious belief.
(b) (1) As used in subsection (a) of this section, the term "historical document related to the founding of the United States of America" shall include, but not be limited to, such documents as the declaration of independence and the United States Constitution.
(2) As used in subsection (a) of this section, the term "government publication" shall include, but not be limited to, such documents as decisions of the United States supreme court and acts of Congress.
(c) In determining the purpose of the use of a document containing a reference to a deity or a religion, consideration shall be given to the overall context of the document's use.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-42. County-Wide Council on Productive and Safe Schools

(a) On or before April 30, 1995, each county shall develop a county-wide council on productive and safe schools, which shall be comprised of the following members:
(1) The county superintendent, who shall serve as the chair of the county-wide council on productive and safe schools;
(2) One representative from each local school improvement council, to be elected by a majority vote of each local school improvement council;
(3) The prosecuting attorney or his or her designee;
(4) A representative of the Department of Health and Human Resources created pursuant to the provisions of section two, article one, chapter five-f of this code, to be appointed in a manner determined by the secretary of the department;
(5) A representative of the law-enforcement agencies situated in the county in which the school is situated to be recommended by the county sheriff;
(6) A representative of the county board of education for the county in which the school is situated to be appointed by the president of the county board of education;
(7) The county board of education's supervisor of transportation; and
(8) A representative of the regional comprehensive behavioral health center as designated by the office of behavioral health services in which the county school system is situated, to be appointed by the executive director of the center.
(9) When the members listed in subdivisions (1) through (8) do not include at least two classroom teachers, then the county superintendent shall appoint additional members so that at least two classroom teachers are members of the county-wide council.
(10) When the members listed in subdivisions (1) through (8) do not include at least two school principals, then the county superintendent shall appoint additional members so that at least two school principals are members of the county-wide council.
(b) The county superintendent shall call an organizational meeting of the council as soon as practicable after the effective date of this section.
(c) On or before October 1, 1995, the council shall compile the local school improvement council's guidelines developed pursuant to subsection (f), section two, article five-a of this chapter and shall report and deliver such guidelines to the county board of education, along with the council's assessment and recommendations regarding the guidelines. The council also shall provide a report of the estimated cost for any proposed alternative settings or programs.
(d) No meetings of the county-wide council shall be held during instructional time.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-46. Requiring Teacher to Change Grade Prohibited; Teacher Recommendation Relating to Promotion

(a) No teacher may be required by a principal or any other person to change a students grade on either an individual assignment or a report card unless there is clear and convincing evidence that there was a mathematical error in calculating the students grade.
(b) The teachers recommendation relating to whether a student should be promoted to the next grade level shall be a primary consideration when making such a determination.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-47. County Board Flood Insurance Requirements

(a) Each county board shall maintain flood insurance on each insurable building that it owns and that meets one or both of the following requirements:
(1) The building is within the identified special flood hazard area which is the area on a flood hazard boundary map or a flood insurance rate map that is identified as an "A zone", a numbered "A zone" or an "AE zone" or regulatory one hundred year floodplain and the building has a replacement value that is greater than $300,000; or
(2) The building has been damaged in a previous flood and flood insurance is required by the Federal Emergency Management Agency.
(b) Each county board also shall maintain flood insurance on the contents of each insurable building that it owns and that meets one or both of the requirements set forth in subsection (a) of this section.
(c) The buildings and the contents of those buildings required to be insured by this section shall be insured at the maximum amounts available through the National Flood Insurance Program or the estimated replacement value of the structure and contents, whichever is less.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-49. County Board Exceptional Needs Expenditures From Surplus Funds

Each county board may by policy establish an exceptional needs fund from surpluses for students who are likely to perform better outside of the public school setting. The policy may include:
(1) Allowing the county board to use excess funds or donated funds for expenditures related to services and materials necessary for that students educational success that are not met within the public education school district;
(2) The amount of funds that is to be deposited into the fund each year which may vary based on availability of surpluses;
(3) The qualifying expenses that funds in the fund may be used for;
(4) Measures for protecting against improper use of the funds which may include auditing all expenditures related to an individual student for services outside of the public education district;
(5) The conditions under which payments from the Exceptional Needs Success Fund are to cease;
(6) Eligibility requirements for education service providers that can accept payments from the fund;
(7) A requirement that any overpayments recaptured from refunded expenditures revert to the Exceptional Student Success Fund; and
(8) Any other provision the county board determines appropriate.
2023 West Virginia Code › Chapter 18. Education › Article 5. County Board of Education › §18-5-51. Cardiopulmonary Resuscitation Instruction Fund

There is hereby created in the State Treasury a special revenue fund designated and known as the Cardiopulmonary Resuscitation Instruction Fund which is an interest- and earnings-accumulating account. The fund is established to support cardiopulmonary instruction for public high schools and all moneys must be spent to support the school for which the funding was derived. The fund consists of moneys appropriated by the Legislature, grants, gifts, devises, and donations from any public or private source. Funds shall be distributed to the county boards of education and multicounty vocational centers, with the funding amount per school determined by multiplying the number of projected regular public school graduates by $5. All interest and other returns derived from the deposit and investment of moneys in the Cardiopulmonary Resuscitation Instruction Fund shall be credited to the fund. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided in this section. The West Virginia Department of Education shall administer the fund.
2023 West Virginia Code › Chapter 18. Education › Article 5A. Local School Involvement › §18-5A-1. Intent and Purpose of Article

The intent of this article is to facilitate and encourage the involvement of the school community in the operation of the local schools to improve educational quality. This article is intended to establish processes at each school which provide opportunities for involvement of the school community in the operation of the local schools and to support local initiatives to improve school performance. It is not the intent of this article to restrict the ability of the county board of education in its efforts to effect county-wide school improvements.
2023 West Virginia Code › Chapter 18. Education › Article 5A. Local School Involvement › §18-5A-2a. Local School Improvement Council Modification for Certain Jointly Established and Across County Schools

(a) For the purposes of this section, "parent" or "parents" means the person or persons who have legal responsibility for a student, including parents, guardians or custodians.
(b) Jointly established schools --
(1) In the case of a school that is jointly established by two or more adjoining counties as provided in section eleven, article five of this chapter, the school's local school improvement council shall be modified to include a composition of parents and at-large members in its membership as follows, notwithstanding subdivisions (4) and (5), subsection (a), section two of this article:
(A) Five parents of students enrolled at the school elected by the parent members of the school's parent teacher organization. If there is no parent teacher organization, the parent members shall be elected by the parents of students enrolled at the school in such manner as may be determined by the principal. No more than three parents may be residents of the same county; and
(B) Four at-large members appointed by the principal:
(i) Two shall reside in the school's attendance area, but may not be from the same county; and
(ii) Two shall represent business or industry and may not be from the same county.
(C) None of the at-large members is eligible for membership under any of the other elected classes of members.
(2) The local school improvement council shall meet at least once each year with the advisory council as established in the memorandum of understanding or with the joint governing partnership board for the jointly established school as applicable.
(3) Prior to commencing an authorized action under section three of this article for the purpose of proposing alternatives to the operation of the school and for the purpose of requesting a waiver of policy, interpretation or statute if needed to implement the alternative, the local school improvement council shall seek advice from the jointly established school's advisory council or joint governing partnership board.
(c) In the case of a school that is not a jointly established school as provided in section eleven, article five of this chapter, but whose net enrollment includes at least one hundred fifty students whose parents are residents of an adjoining county, upon a petition signed by a majority of the parents of the students who are enrolled at the school, but who reside in an adjoining county, the local school improvement council of the school shall be modified as provided in subdivisions (1) and (2), subsection (a) of this section.
(d) For local school improvement councils under this section who are proposing alternatives to the operation of the school which require the request of a waiver of policy, interpretation or statute under the authority and procedures as set forth in section three of this article, the terms "appropriate board" and "affected board" as used in section three, mean the board or the multiple boards from whom a waiver is necessary for the proposal to be implemented.
2023 West Virginia Code › Chapter 18. Education › Article 5A. Local School Involvement › §18-5A-3a. Waivers of Statutes Granted to Public Schools Pursuant to Recommendations Submitted by Local School Improvement Councils; Limitations

(a) The Legislature hereby grants a waiver from the statute or statutes indicated for the following school or schools pursuant to and for the purposes enumerated in the written statement recommending the waiver, with supporting reasons, approved by the local school improvement council of the respective schools and recommended by the Legislative Oversight Commission on Education Accountability in accordance with the provisions of section three of this article. The grant of a waiver to a statute means that the school or schools granted the waiver may implement the actions as specifically described in their written statement notwithstanding the provisions of this code from which they are specifically waived. These waivers are limited to the purposes as specifically described in the statement upon which the Legislative Oversight Commission on Education Accountability made its recommendation for a waiver to the Legislature and are expressly repealed for any modification or implementation of the described actions which changes those purposes. However, nothing in this section prohibits a local school improvement council school that has been granted a waiver from submitting a request to the Legislative Oversight Commission on Education Accountability for modifications, subject to approval in accordance with section three of this article.
(b) The following waivers are granted:
(1) Section two-b, article three, chapter eighteen-a of this code is waived for the schools of Cabell County for the purpose of implementing a comprehensive new teacher induction program, which purposes are as more specifically described in the schools written statement approved by the county board and submitted to the Legislative Oversight Commission on Education Accountability on February 24, 2011.
(2) Section one-a, article eight, chapter eighteen of this code is waived for the schools of Marshall County for the purpose of increasing the compulsory school attendance age in Marshall County from seventeen to eighteen years of age as a part of its countywide dropout prevention initiative as requested by letter dated January 4, 2016, and recommended by the Legislative Oversight Commission on Education Accountability on January 18, 2016.
(3) Section one-a, article eight, chapter eighteen of this code is waived for the schools of Wyoming County for the purpose of increasing the compulsory school attendance age in Wyoming County from seventeen to eighteen years of age as a part of its countywide dropout prevention initiative as requested by letter dated February 25, 2016 and recommended by the Legislative Oversight Commission on Education Accountability on February 25, 2016.
2023 West Virginia Code › Chapter 18. Education › Article 5A. Local School Involvement › §18-5A-4. State Board to Establish Criteria for Selecting Schools of Excellence; Annual School of Excellence Awards

The state Board of Education shall promulgate rules, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, outlining criteria for the identification of schools of excellence. Such criteria shall include, but not be limited to, improvement in student achievement in comparison to state and national norms, improvement in reducing drop-out rates, improvement in standardized test scores, implementation of advanced or innovative programs, implementation of the goals and purposes of jobs through education as provided in section eight, article two-e of this chapter, improvement in parent and community involvement, improvement in parent, teacher and student satisfaction, improvement in student attendance and other factors which promote excellence in education. Such rules shall be promulgated by January 1, 1991. Such rules may not prohibit any school from applying for consideration as a school of excellence.
Each year, the state board shall select one high school, one middle or junior high school and one elementary school within each regional educational service agency district, and one vocational school selected on a statewide basis to be awarded school of excellence status.
The rules promulgated by the state board shall outline appropriate methods of recognizing and honoring the students, teachers and other employees and parents or members of the school community who have contributed to excellence in education at the school.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-2. Legislative Findings and Purpose

(a) Legislative findings. -- The Legislature finds that:
(1) Decades of school improvement literature substantiate that schools where the principal uses a collaborative and distributed approach to leadership and where the teachers have a unity of purpose, operate in a cohesive learning-centered culture and implement consistent, pervasive and research-based approaches to learning, can and do improve student learning;
(2) As in all enterprises, rules are established in public education to manage the resources efficiently, allot time among the activities and processes required and ensure attention to the goals mandated, but rules, by their nature, also limit the flexibility of professional educators to engage in those activities and implement those approaches that may best improve the learning of their students for the twenty-first century;
(3) Allowing individual schools to seek and receive exceptions from certain statutes, policies, rules and interpretations through the creation of school innovation zones will provide them greater control over important educational factors that impact student achievement, such as curriculum, personnel, organization of the school day, organization of the school year, technology utilization and the delivery of educational services to improve student learning; and
(4) Providing greater flexibility at innovation zone schools will enable school-level, professional educators to exercise more fully their professional judgment to improve student learning for the twenty-first century by instituting creative and innovative practices.
(b) Intent and purpose. -– The intent and purpose of this article is to:
(1) Provide for the establishment of school innovation zones to improve educational performance;
(2) Provide principals and teachers at schools approved as innovation zones with greater flexibility and control to meet the needs of a diverse population of students by removing certain policy, rule, interpretive and statutory constraints;
(3) Provide a testing ground for innovative educational reform programs and initiatives to be applied on an individual school level;
(4) Provide information regarding the effects of specific innovations and policies on student achievement;
(5) Document educational strategies that enhance student success; and
(6) Increase the accountability of the state's public schools for student achievement as measured by the state assessment programs and local assessment processes identified by the schools.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-4. Innovation Zones; Required Plans; Plan Approval; State Board Rule

(a) The rule promulgated by the state board pursuant to section three of this article also shall include at least the following:
(1) Each school, group of schools, subdivision or department of a group of schools or subdivision or department of a school designated as an innovation zone or seeking designation as an innovation zone in accordance with this article shall develop an innovation zone plan;
(2) The innovation zone plan shall contain:
(A) A description of the programs, policies or initiatives the school, group of schools, subdivision or department of a group of schools or subdivision or department of a school intends to implement as an innovative strategy to improve student learning if the plan is approved in accordance with section five of this article;
(B) A list of all county and state board rules, policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the implementation of the plan, including an explanation of the specific exceptions to the rules, policies and interpretations and statutes required for plan implementation. A school, a group of schools, a subdivision or department of a group of schools or a subdivision or department of a school may not request an exception nor may an exception be granted from any of the following:
(i) An assessment program administered by the West Virginia Department of Education;
(ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and
(iii) Section seven, article two and sections seven-a, seven-b, eight and eight-b, article four, chapter eighteen-a of this code, except as provided in section eight of this article; and
(C) Any other information the state board requires.
(3) The innovation zone plan may include:
(A) An emphasis in the early childhood through intermediate grade levels on ensuring that each student is prepared fully at each grade level, including additional intervention strategies at grade levels three and eight to reinforce the preparation of students who are not prepared fully for promotion, or an emphasis in the secondary grade levels on ensuring that each student is prepared fully for college or other post-secondary education, as applicable for the school; and
(B) An emphasis on innovative strategies that allows academically advanced students to pursue academic learning above grade level or not available through the normal curriculum at the school.
(b) Each school, group of schools, subdivision or department of a group of schools or subdivision or department of a school designated or seeking designation as an innovation zone shall submit its innovation zone plan to the school's employees, the county superintendent and county board having jurisdiction over the school, the state board, and the state superintendent in accordance with section five of this article.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-6. Employee Approval of Innovation Plan Application and Plan; Transfer of Employees

(a) An employee shall be eligible to vote in accordance with the provisions of this section if: (1) The employee is regularly employed at the school; and (2) the employee's primary job duties will be affected by the implementation of the innovation zone plan. The panel created in subsection (c) of this section and the principal shall determine which employees are eligible to vote in accordance with this subsection. No employee may be eligible to vote unless both the panel and the principal determine that the employee is eligible to vote.
(b) A secret ballot vote at a special meeting of all employees regularly employed at the school who are eligible to vote in accordance with this section shall be conducted to determine the following:
(1) The level of employee commitment to apply for designation as an innovation zone in accordance with section three of this article; and
(2) The approval of an innovation zone plan as required by section five of this article.
(c) A panel consisting of the elected officers of the faculty Senate of the school or schools, one representative of the service personnel employed at the school and three parent members appointed by the local school improvement council shall call the meeting required in subsection (b) of this section, conduct the votes and certify the results to the principal, the county superintendent and the president of the county board. The panel shall provide notice of the special meeting to all employees eligible to vote at least two weeks prior to the meeting and shall provide an absentee ballot to each employee eligible to vote who cannot attend the meeting to vote.
(d) At least eighty percent of the employees who are eligible to vote in accordance with this section must vote to apply for designation as an innovation zone and to approve the school's innovation zone plan before the level of staff commitment at the school is sufficient for the school to apply for designation and before the plan is approved by the school.
(e) An employee regularly employed at a school applying for or designated as an innovation zone whose job duties may be affected by implementation of the innovation zone plan or proposed plan may request a transfer to another school in the school district. The county board shall make every reasonable effort to accommodate the transfer.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-7. Progress Reviews and Annual Reports

(a) At least annually, the state board or its designated committee shall review the progress of the development or implementation of an innovation zone plan. If, following such a review, the state board determines that a designated school, group of schools, subdivision or department of a group of schools, subdivision or department of a school or a school created by a state institution of higher education in accordance with section nine of this article has not made adequate progress toward developing or implementing its plan, the board shall submit a report to the designated school, group of schools, subdivision or department of a group of schools, subdivision or department of a school or a school created by a state institution of higher education in accordance with section nine of this article identifying its areas of concern. The state board or its designated committee may conduct an additional review within six months of submitting a report in accordance with this section. If, following such additional review, the state board or its designated committee determines that the designated school, group of schools, subdivision or department of a group of schools, subdivision or department of a school or a school created by a state institution of higher education in accordance with section nine of this article has not made adequate progress toward developing or implementing its innovation zone plan, the state board may revoke the designation as an innovation zone or, if the innovation zone plan has been approved in accordance with section five of this article, rescind its approval of the plan.
(b) The state board shall provide an annual report on innovation zones and the progress of innovation zone plans to the Legislative Oversight Committee for Educational Accountability.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-8. Teacher Vacancies in an Innovation Zone; Job Postings Exceeding Certain Qualifications and Requirements; Approval of Postings

A school, group of schools, subdivision or department of a group of schools, or a subdivision or department of a school whose school innovation zone plan has been approved in accordance with section five of this article may make a job posting for a teacher vacancy at the school, the group of schools, the subdivision or department of a group of schools, or the subdivision or department of a school designated as an innovation zone that sets forth standards or qualifications that exceed the standards and qualifications provided in section seven-a, article four, chapter eighteen-a of this code: Provided, That teachers in the county approve the job posting by majority vote: Provided, however, That the county superintendent administers the vote and the record of the vote remains on file in the personnel office of the county board until the school group of schools, subdivision or department of a group of schools, or a subdivision or department of a school is no longer designated as an innovation zone.
2023 West Virginia Code › Chapter 18. Education › Article 5B. School Innovation Zones Act › §18-5B-14. Termination of Funding for School Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones

No school, group of schools, district, subdivision or department of a group of schools, or a subdivision or department of a school designated or to be designated as an Innovation Zone or Local Solution Dropout Prevention and Recovery Innovation Zone shall receive any funding pursuant to this article after June 30, 2016.
2023 West Virginia Code › Chapter 18. Education › Article 5C. Committee Reorganization and Collaborative Team Waivers › §18-5C-1. Purpose

The purposes of this article are as follows:
(1) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement. The intent is to authorize reorganization or consolidation of certain school committees and teams required by state board rules, including the Strategic Planning Committee, the Technology Team and the School Support Team; and
(2) To recognize that schools in this state differ greatly in enrollment, grade configuration, demographics and student needs and to provide teachers and principals with flexibility to determine the types of committees and teams that are needed to move the school forward.
2023 West Virginia Code › Chapter 18. Education › Article 5C. Committee Reorganization and Collaborative Team Waivers › §18-5C-3. Rulemaking

By October 1, 2010, the state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article. The rule shall include a process for schools to appeal to the state board for approval of an application under this article for which approval has been denied by the county superintendent or county board, or both.
2023 West Virginia Code › Chapter 18. Education › Article 5D. West Virginia Feed to Achieve Act › §18-5D-3. School Nutrition Programs

(a) Each county board of education shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made effectively available to all students enrolled in the schools of the county in accordance with the State Board of Education standards. The standards shall include guidelines for determining the eligibility of students for paid, free and reduced meals. The standards shall also establish procedures and guidelines for the Feed to Achieve initiative to allow for the provision of healthy, nutritious meals to all elementary school students, without cost to students, where schools find it practical to do so.
(b) The Feed to Achieve initiative will be phased in for all elementary schools as sufficient funds become available, through donations, contributions and payments made by individuals, communities, businesses, organizations and parents or guardians on behalf of students. Nothing in this article prohibits any school from providing free meals to all of its students.
(c) Each county board of education shall:
(1) Require all schools to adopt a delivery system approved by the state Office of Child Nutrition, no later than the 2015 school year, that ensures all students are given an adequate opportunity to eat breakfast. These approved systems shall include, but are not limited to, Grab-And-Go Breakfasts, Breakfast in the Classroom or Breakfast After First Period; and
(2) Collaborate with the state Office of Child Nutrition to develop strategies and methods to increase the percentage of children participating in the school breakfast and lunch nutrition programs.
(d) In addition to other statistics, the county boards of education, in consultation with the state Office of Child Nutrition, shall determine the number of children in each school who are participating in each meal offered by the school; the number of children who are not eating each meal offered by the school; and the total daily attendance.
(e) The state Office of Child Nutrition shall report to the Joint Committee on Government and Finance, the Select Committee on Children and Poverty and the Legislative Oversight Commission on Education Accountability on or before December 31, 2015, and each year thereafter, on the impacts of the Feed to Achieve Act and any recommendations for legislation.
(f) County boards of education may utilize the nonprofit funds or foundations established in section four of this article or other available funds to offset the costs of providing free meals, after school and summer nutrition programs to elementary students.
(g) If at any time federal financial appropriations to this state for school nutrition programs are terminated, county boards of education are hereby authorized, but not required, to continue the programs at their own expense.
(h) Classroom teachers may not be required to participate in the operation of the school breakfast program as part of their regular duties.
2023 West Virginia Code › Chapter 18. Education › Article 5E. Innovation in Education Act › §18-5E-1. Purpose

The purpose of this act is to encourage and incentivize public schools to improve overall student outcomes through the implementation of key innovational priorities for improving education in the following areas:
(1) Science, technology, engineering and math (STEM);
(2) Community school partnership;
(3) Entrepreneurship;
(4) Career pathways; and
(5) The arts.
This act provides a mechanism for public schools designated by the state board as Innovation in Education schools to redesign their curriculum, instructional delivery and instructional strategies, to enhance student engagement, to develop meaningful community partnerships and to operate under greater flexibility to increase student achievement.
2023 West Virginia Code › Chapter 18. Education › Article 5E. Innovation in Education Act › §18-5E-2. Innovation in Education School Defined

(a) An Innovation in Education school is a public school in this state that applies to and is designated by the state board in accordance with this article as an Innovation in Education School with a principal focus in one of the following areas:
(1) Science, technology, engineering and math (STEM);
(2) Community school partnership;
(3) Entrepreneurship;
(4) Career pathways; and
(5) The arts.
(b) Nothing in this article prohibits an Innovation in Education school from incorporating more than one of the attributes of STEM education, community school partnerships, entrepreneurship, career pathways or the arts into its program design, notwithstanding the primary designation under which it applies or is subsequently designated.
(c) An Innovation in Education school:
(1) Shall provide a program of public education that includes one or more of the grade levels prekindergarten to grade twelve, including any associated post-secondary dual credit, advanced placement and industry or workforce credential programs;
(2) Shall design its educational program to meet or exceed the student performance standards required under section five, article two-e of this chapter and is subject to all student assessment, accreditation and federal accountability requirements applicable to other public schools in this state. However, nothing shall prohibit an Innovation in Education school from establishing additional student assessment measures or implementing competency-based course completion strategies that go beyond state requirements;
(3) Shall operate according to an Innovation in Education plan developed by the school’s principal and faculty with input from its local school improvement council, the county board, the county superintendent and, if the school is a high school, the students of the school;
(4) Shall, if designated by the state board as an Innovation in Education Demonstration School, host visits and tours of its facility and programs to provide information and an opportunity to observe any successful innovations which may be replicated in other schools. The school may require the payment of a fee to off-set the cost of hosting such visits and tours; and
(5) May solicit and accept gifts, donations or grants for school purposes from public or private sources in any manner that is available to a local school district and expend or use such gifts, donations or grants in accordance with the conditions prescribed by the donor except that a gift, donation or grant may not be accepted if subject to a condition that is contrary to any provision of law or term of the school’s Innovation in Education plan. Any monies received by an Innovation in Education school from any source remaining in the school’s accounts at the end of a fiscal year shall remain in its accounts for use during subsequent fiscal years.
2023 West Virginia Code › Chapter 18. Education › Article 5E. Innovation in Education Act › §18-5E-5. Operational Agreement Between Innovation in Education School and County Board

An Innovation in Education school designated by the state board may not commence or continue operations without a signed operational agreement between the county board and the school principal which sets forth at least the following:
(1) Any conditions which must be met before the Innovation in Education school may begin full operations. If necessary, the full implementation of an Innovation in Education school may be postponed for up to one school year following its initial designation to enable all conditions necessary for full operation to be met;
(2) Any material term of the school’s Innovation in Education Plan concerning curriculum, budget, school schedule, calendar, staffing, professional development and policies and procedures to be adhered to by both the county board and the school;
(3) An agreed-upon process for amending or refining the school’s Innovation in Education Plan to improve the school’s performance and student success, including but not limited to, the request for additional waivers of rules, policies, interpretations and statutes through the local school improvement council process;
(4) The annual performance targets set by the county board and the school to assess and evaluate the school’s progress in achieving its annual measureable goals as set forth in its Innovation in Education Plan, including any additional internal and external metrics of performance agreed to by the school and the county board to measure the school’s performance and student success. The annual performance targets may be refined or amended by mutual agreement of the county board and the school after the school has been fully operational for one year and has collected baseline performance data;
(5) The process and criteria that the county board will use to annually monitor and evaluate the overall performance and student success of the school, including a process to conduct annual site visits;
(6) Any information needed by the county board from the school for the purposes of accountability and reporting by the school on the implementation of its mission as an Innovation in Education school;
(7) The process the county board will use to notify the school of any deficiencies and the process by which the school may submit an improvement plan; and
(8) In the event that an Innovation in Education school’s performance appears unsatisfactory, specific provisions addressing the parameters under which the county board may promptly notify the school in writing of perceived problems and provide reasonable opportunity for the school to remedy the problems, or if not remedied, may intervene or recommend to the state board that it place the school’s designation on probationary status, require a remedial action plan and potentially revoke the designation. At a minimum, these parameters shall include the circumstances of poor fiscal management and a lack of academic progress.