reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-5 - School Calendar

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each
				county board must develop a school calendar each year and submit the proposed
				calendar to the State Superintendent of Schools, or designee, by the
				established deadline. Multi-county vocational centers may develop a school
				calendar or adopt the calendar of a partnering county and submit proposed plans
				to the State Superintendent of Schools or designee.
5.2. The school calendar shall provide:
(A) an instructional term for students of no
				less than 180 separate instructional days or equivalent instructional time
				gained by increasing the number of minutes by a minimum of 30 minutes to the
				required number of instructional minutes per programmatic level in the
				instructional day, and
(B) a
				minimum employment term for employees of no less than 200 days.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-6 - Employment Term

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The school
				calendar shall provide for an employment term that meets the following
				criteria:
6.1.a. An employment term of at
				least 200 days, which need not be successive,excluding Saturdays and Sundays,
				for all regular, full-time employees.
6.1.b. The length of the employment term
				(from the beginning to closing dates) cannot exceed 48 weeks, pursuant to W.
				Va. Code §
										18-5-45(c)(1).
6.1.c. The minimum employment term shall
				consist of no less than 180 separate days or equivalent days of instruction,
				and 20 non instructional days, comprised of the following:
6.1.c.1. Seven paid holidays (any combination
				of the school holidays included in W. Va. Code §
											18A-5-2,
				which are: Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,
				Christmas Day, New Year's Day, Martin Luther King's Birthday, Memorial Day, or
				West Virginia Day). The remaining school holidays are to be scheduled as
				nonpaid, out-of-calendar days, and are to be considered as such for all 200-day
				employment contracts;
6.1.c.2. An
				election day, as specified in W. Va. Code §
											18A-5-2;
6.1.c.3. Six days to be designated as outside
				the school environment, at least four of which must be scheduled after the
				130th day of instruction of the school
				calendar;
6.1.c.4. The school
				calendar shall designate one non-instructional day for teachers as a
				preparation day for opening school and another for teachers as a preparation
				day for closing school.
6.1.c.5.
				The remaining days to be designated by the county board for purposes to
				include, but not be limited to:
6.1.c.5.A.
				curriculum development;
6.1.c.5.B.
				professional learning opportunities;
6.1.c.5.C. teacher-pupil-parent
				conferences;
6.1.c.5.D.
				professional meetings;
6.1.c.5.E.
				making up days when instruction was scheduled but not conducted;
6.1.c.5.F. scheduled out-of-calendar days
				that are to be used for instructional days in the event school is cancelled for
				any reason.
6.1.c.6.
				County boards are also required to designate time sufficient to meetthe
				requirements of Policy 5500, and W.Va. 126CSR150A, WVBE Policy 5500.02, County
				Service Personnel Staff Development Councils, during the minimum employment
				term. All professional and service personnel are required to complete
				professional learning hours and/or processes as specified in the respective
				policies.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-7 - Instructional Term

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The school
				calendar shall provide an instructional term for students of no less than 180
				separate days of instruction or the equivalent of such time.
7.2. The minimum instructional term may be
				decreased by order of the State Superintendent of Schools in any county
				declared a federal disaster area and in any county subject to an emergency or
				disaster declaration by the Governor where the event causing the declaration is
				substantially related to a reduction of instructional days.
7.3. Equivalent instructional time may be
				usedonly for the purposes specified in this policy and may not be used for any
				other purposes or applied in any other manner to avoid one hundred eighty
				separate days of instruction.
7.4.
				If it is not possible to provide 180 separate or equivalent instructional days
				within the school calendar as originally scheduled, the county board must
				schedule instruction on any available non-instructional day (other than
				holidays, election day, or Saturdays and Sundays), regardless of the purpose
				for which the day was originally scheduled, or use a day that was scheduled as
				an out-of-calendar day. County boards have the ability to apply for a waiver in
				accordance with the provisions of W. Va. Code §
									18-5-45(o)
				to assist with meeting the mandatory 180 days of instruction.
7.5. If an out-of-calendar day is used as a
				make-up instructional day, the originally scheduled instructional day that was
				cancelled becomes the out-of-calendar day (unpaid day). In accordance with W.
				Va. Code §
									18A-5-2,
				an employee's pay is not to be adjusted during a pay period because of this
				revision in the school calendar.
7.6. Pursuant to W. Va. 126CSR42, WVBE Policy
				2510, Assuring the Quality of Education: Regulations for Education Programs,
				co-curricular activities may, by their nature, be scheduled without regard to
				the use of equivalent instructional time.
7.7. Extracurricular activities do not count
				toward meeting the minimum instructional time for an instructional day.
				Equivalent instructional time may not be used to accommodate the scheduling of
				extracurricular activities during instructional days.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-8 - Faculty Senate Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Pursuant to W. Va. Code §
									18-5A-5,
				the school calendar must provide to each faculty senate a two-hour block of
				time for a faculty senate meeting on a day scheduled for the opening of school
				prior the beginning of the instructional term and on a day scheduled for the
				closing of school before the end of the employment term. In addition to the
				opening and closing of school, faculty senate meetings are to be held during
				the months of October, December, February, and April, for a total of six
				two-hour meetings. Faculty senate meetings can be held on days set aside for
				late arrivals and early dismissals, or part of a non-instructional day. The
				portion of the non-instructional day scheduled for the faculty senate meeting
				shall be considered as part of the purpose for which the non-instructional day
				is scheduled.
8.2. Faculty senates
				may also schedule a meeting during an instructional day if sufficient
				equivalent instructional time has been set aside by a school; however, every
				school in the county must have set aside sufficient time for all faculty
				senates in the county to meet in this manner.
8.4. A faculty senate may also meet for an
				unlimited block of time during a non-instructional day to discuss and plan
				strategies to improve student instruction and to conduct other faculty senate
				business.
8.5. A faculty senate may
				elect to schedule a meeting on an instructional day outside of the
				instructional time for students, and take compensatory time off on the
				non-instructional day that is provided by the county board for its meeting, as
				long as the meeting takes place prior to the day that is scheduled in the
				school calendar.
8.6. If a
				non-instructional day that is originally scheduled for faculty senates to meet
				is cancelled due to inclement weather, the county board may, but is not
				required to, reschedule the non-instructional day in order for the faculty
				senates to meet.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-9 - Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Prior
				to voting on a final school calendar, each county board must hold at least two
				public hearings that allow all interested parties to discuss the school
				calendar.
9.2. Pursuant to W. Va.
				Code §
									18-5-45, public
				notices of the hearings must be published as a Class II legal advertisement in
				accordance with the provisions of W. Va. Code §
									59-3-1
				et seq. This means the legal advertisement must be published once a week for
				two successive weeks in a qualified newspaper published in the publication
				area. Notices for both hearings can be published in one advertisement. The
				first notice must be published at least ten days prior to the first meeting to
				provide sufficient time for interested parties to plan on attending the
				hearing.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-10 - Submission of School Calendar to WVBE for Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Pursuant to W. Va. Code §
									18-5-45(k),
				prior to implementing the school calendar, county boards shall secure approval
				of its proposed calendar from the WVBE.
10.2. Unless the WVBE requests otherwise, the
				authority to approve the school calendars is delegated to the State
				Superintendent of Schools. This does not include the approval of waiver
				requests.
10.3. The school
				calendar, and any additional requested information, must be submitted in
				accordance with the annual instructions issued by the State Superintendent of
				Schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-073 - School Calendar (Policy 3234) › Section 126-73-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-074 - Definition of Good Cause for Failure to Receive School Board Training (3235) › Section 126-74-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				policy defines good cause for an individual who fails to meet the training
				requirements of a school board member as prescribed by West Virginia Code and
				West Virginia Board of Education approved policy and/or procedures.
1.2. Authority. - West Virginia Constitution,
				Article XII, §2 and W. Va. Code §
									18-2-5
				and §
									18-5-1
				a.
1.3. Filing Date. - April 11,
				2013.
1.4. Effective Date. - July
				1, 2013.
1.5. Repeal of Former
				Rule. - This legislative rule amends 126 CSR 74 West Virginia Board of
				Education Policy 3235, Definition of Good Cause for Refusal to Receive School
				Board Training, filed November 18, 1993, and effective December 18,
				1993.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-074 - Definition of Good Cause for Failure to Receive School Board Training (3235) › Section 126-74-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Rationale. -
				W. Va. Code §
									18-5-1a
				requires the West Virginia Board of Education to define good cause for an
				individual who fails to meet the training requirements of a school board
				member. Failure to attend and complete the approved course of orientation and
				training relating to boardsmanship and governance effectiveness without good
				cause constitutes neglect of duty under W. Va. Code §
									6-6-7.
2.2. Definition. - "Good Cause" means any of
				the following that prevents the member from attending and completing West
				Virginia Board of Education approved training to meet requirements of W. Va.
				Code §
									18-5-1a:
2.2.a. an incapacitating physical or mental
				condition of the member,
2.2.b. a
				death in the immediate family of the member,
2.2.b.1. For purposes of the policy, the
				phrase "immediate family" means the member's spouse, children, parents or any
				other relative who resides in the member's household and is a dependent of the
				member.
2.2.c. an
				accident or illness in the immediate family of the member which requires the
				member's presence, or
2.2.d. any
				other cause which is beyond the control of the member.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-074 - Definition of Good Cause for Failure to Receive School Board Training (3235) › Section 126-74-3 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				policy implements the Innovation in Education Act, W. Va. Code §§
									18-5E-1
				through
				18-5E-7,
				and sets forth the process by which public schools may apply and be designated
				by the West Virginia Board of Education (hereinafter WVBE) as an Innovation in
				Education school.
1.2. Authority.
				-- W. Va. Constitution, Article XII, §2, W. Va. Code §§
									18-2-5,
				18-5B-14,
				18-5E-1,
				18-5E-2,
				18-5E-3,
				18-5E-4,
				18-5E-5,
				18-5E-6,
				and
				18-5E-7.
1.3. Filing Date. -- October 13,
				2016.
1.4. Effective Date. --
				November 14, 2016.
1.5. Repeal of
				Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR75,
				WVBE Policy 3236,
Education
Innovation Zones
,
				filed September 12, 2014, and effective October 14, 2014.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				this policy 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 (hereinafter 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 WVBE 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.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-3 - Innovation in Education school defined

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An Innovation in Education school is a
				public school in this state that applies to and is designated by the WVBE as an
				Innovation in Education School with a principal focus in one of the following
				areas:
(1) STEM;
(2) community school partnership;
(3) entrepreneurship;
(4) career pathways; and
(5) the arts. An Innovation in Education
				school is not prohibited from incorporating more than one of the five
				attributes into its program design, notwithstanding the primary designation
				under which it applies or is subsequently designated.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-6 - Innovation in Education application review and approval

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The WVBE and its designees will
				determine the selection committee to include stakeholders from the areas of
				STEM, community schools, entrepreneurship, career pathways and the
				arts.
6.2. The selection committee
				shall review plans, including WVDE staff recommendations, based on a review of
				applications that meet the required criteria. Applicants will be independently
				assessed based on the established evaluation rubric.
6.3. The Selection Committee shall recommend
				applications to the WVBE for approval.
6.4. After thorough consideration the WVBE
				will make the following determinations:
6.4.a. Grant a designation only to applicants
				who have demonstrated competence in each element of the evaluation factors and
				who have demonstrated their capacity to operate an Innovation in Education
				school that will increase student achievement;
6.4.b. Determinations based on documented
				evidence collected through the application review process;
6.4.c. If appropriate, include in a
				designation determination reasonable conditions that the applicant must meet
				before commencing operation under the designation, including resubmission of
				the application;
6.4.d. Decline
				weak or inadequate applications and clearly state its reasons for
				denial;
6.4.e. Make and announce
				all designations of Innovation in Education schools in a meeting open to the
				public and clearly state in a resolution the reasons for the decisions. A copy
				of the resolution shall be submitted to the Legislative Oversight Commission on
				Education Accountability; and
6.4.f. Convey its determination on an
				application in writing to the applicant.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-8 - Evaluation of Innovation in Education designated schools

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The WVBE and/or its designees will
				systematically review the performance and student success of Innovation in
				Education schools, reaffirm or reconsider the designation of a school, and
				identify exemplary schools to serve as demonstration sites.
8.2. During its third full year of operation
				the county superintendent shall issue a performance report on the Innovation in
				Education school. The performance report shall summarize the school's
				performance record to date based on the data collected under the school's
				Innovation in Education Plan and operational agreement, and shall provide
				notice of any weaknesses or concerns perceived by the superintendent concerning
				the school that may jeopardize its designation if not timely rectified. The
				school and the superintendent shall mutually agree to a reasonable time period
				for the school to respond to the performance report and submit any corrections
				to the report.
8.3. After its
				fourth full year of operation, and periodically thereafter as may be provided
				by the WVBE, the Innovation in Education school shall be evaluated by the
				county superintendent. The county superintendent shall submit the evaluation to
				the county board and the WVBE. The evaluation shall determine whether the
				school has met the annual goals outlined in its Innovation in Education Plan
				and operational agreement, and assess the implementation of the Innovation in
				Education Plan at the school.
8.4.
				The county superintendent may recommend to the county board and WVBE in the
				evaluation:
8.4.a. To amend or suspend one or
				more components of the Innovation in Education Plan and operational agreement
				if the county superintendent determines an amendment or suspension is necessary
				to improve the performance and student success of the school;
8.4.b. To amend or suspend one or more
				components of the Innovation in Education Plan and operational agreement if the
				county superintendent determines an amendment or suspension is necessary
				because of subsequent changes in the district that affect one or more
				components of such Innovation in Education Plan;
8.4.c. To support continued operation of the
				Innovation in Education school in accordance with its Innovation in Education
				Plan and operational agreement; or
8.4.d. To recommend to the WVBE that the
				school be designated as an Innovation in Education demonstration school based
				on its exemplary performance and student success.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-9 - Innovation in Education fund

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				There is hereby created in the State Treasury a special revenue fund to be
				known as the
Innovation in Education Fund
. The fund shall
				consist of all moneys received from whatever source to further the purpose of
				this
Innovation in Education Act
. The fund shall be
				administered by the WVBE solely for the purposes of this article, including
				providing grants and other financial assistance to Innovation in Education
				designated schools to implement and carry out such school Innovation in
				Education Plans. Any moneys remaining in the fund at the close of a fiscal year
				shall be carried forward for use in the next fiscal year. Fund balances shall
				be invested with the state's consolidated investment fund and any and all
				interest earnings on these investments shall be used solely for the purposes
				that moneys deposited in the fund may be used pursuant to this
Innovation in Education Act
.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-075 - Innovation in Education (Policy 3236) › Section 126-75-10 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes the regulations for the creation and operation of
				charter public schools.
1.2.
				Authority. - W. Va. Constitution, Article XII, §2; W. Va. Code §
									18-2-5
				and §
									18-5G-1
				et seq.
1.3. Filing Date. - July
				14, 2021.
1.4. Effective Date. -
				August 16, 2021.
1.5. Repeal of
				Former Rule. -- This legislative rule amends W. Va. 126CSR79, Policy 3300,
				Charter Public Schools, filed February 13, 2020, and effective March 16,
				2020.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Consistent
				with language of W. Va. Code §
									18-5G-1,
				et. seq., the purpose of this policy is to guide the establishment of charter
				schools in West Virginia in an effort to improve student outcomes by offering
				students more educational options than are currently available, including those
				that employ innovative methods and programs and/or utilize distinctive school
				curricula, specialized academic programs, or technical themes.
2.2. Consistent with the stated intent and
				objectives in W. Va. Code §
									18-5G-1,
				the purpose of this policy is to establish a clear and transparent process that
				allows for the creation and operation of charter schools described above. To
				this end, charter schools are afforded significantly greater autonomy than
				non-charter public schools in exchange for greater expectations and
				accountability than non-charter public schools.
2.3. When necessary, this policy builds on
				the statutory language to provide additional clarity to the process for
				establishing charter schools.
2.4.
				The West Virginia Department of Education ("WVDE") is statutorily charged with
				making certain materials available to assist charter applicants, authorizers,
				governing board members, etc. Those materials are available for use by charter
				applicants, authorizers, governing board members, and charter school
				administrators at the WVDE's website.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Accountability
				Plan. The set of objectives against which the success of a charter school is
				evaluated. The accountability plan must be comprised of two parts. First,
				charter schools must participate in the state accountability system, pursuant
				to W. Va. Code §
									18-5G-3(a)(l)
				and §
									18-5G-8(b)(10).
				Second, charter schools are accountable to a performance framework defined in
				the charter contract that includes a set of student outcome goals and specific
				measures aligned to the educational mission of the charter school, pursuant to
				W. Va. Code §§
									18-5G-4(a)(4),
				18-5G-6(h),
				and
				18-5G-9(c).
				Authorizers will use success in meeting the goals of the accountability plan in
				evaluating the status of charter contracts.
3.2. Authorizer. Pursuant to W. Va. Code
				§
									18-5G-2(2),
				the entity that reviews charter school applications, determines whether to
				approve or reject charter school applications, enters into charter contracts
				with approved charter school applicants, oversees the charter public school the
				entity has authorized, and determines whether to renew, not renew, or revoke a
				charter contract.
3.2.a. Authorizers include
				(1) a county board of education when the application includes a primary
				recruitment area, as defined in section 9, that is wholly within the county
				over which the county board has jurisdiction, (2) two or more county boards of
				education when the application includes a primary recruitment area that
				encompasses territory in the two or more counties over which the respective
				boards have jurisdiction; or (3) the West Virginia Professional Charter School
				Board. The West Virginia Board of Education (WVBE) may serve as an authorizer
				in a county where the WVBE is currently intervening pursuant to W. Va. Code
				§
										18-2E-5
				or when a county board of education, or two or more county boards of education,
				has approved an application and then submits a request to the WVBE to perform
				all other authorizer duties and responsibilities demonstrating that the county
				board(s) lacks the capacity to fulfill the authorizing duties and
				responsibilities set forth in law and policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-6 - Charter Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Purpose.
6.1.a. The charter contract outlines
				the expectations of both the charter school and the authorizer. It delineates
				the working relationship between the charter school and its authorizer.
6.1.a.1. A charter contract should provide
				clear boundaries around the authority and influence that an authorizer has over
				the day-to-day operations of a charter school. By doing so, it affords the
				charter school the autonomy necessary to offer students new and diverse
				educational options.
6.1.a.2. At
				the same time, a charter contract must define the expectations that a charter
				school must meet to continue operating, including but not limited to
				consistently meeting acceptable financial and operational performance metrics.
				Contracts should define the immediate consequences for failing to meet these
				expectations. The contract should also define expectations for student outcomes
				that define a charter school's long-term success and help the authorizer
				determine whether the charter contract warrants renewal.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-7 - Responsibilities of Parties to a Charter Contract.

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Authorizer Responsibilities.
7.1.a. Authorizers are responsible for
				ensuring the conditions necessary for charter schools to offer diverse
				educational options not available in non-charter public schools and to improve
				student outcomes in the community served. To fulfill its duty, an authorizer
				shall carry out its duties and responsibilities with an aim to achieve the
				following goals and objectives:
7.1.a.1.
				Tailor charter school flexibility outlined in W. Va. Code §
											18-5G-1
				et seq. appropriately to the educational mission of the charter school and
				needs of the students and community it aims to serve;
7.1.a.2. Provide adequate accountability to
				require that charter schools it oversees are making reasonable progress towards
				achieving their educational mission;
7.1.a.3. Conduct necessary oversight to
				ensure students in charter schools it oversees receive legally required
				services in a safe and healthy learning environment, including, but not limited
				to, oversight of special education services, school nutrition, ADA compliance,
				etc.
7.1.a.4. Consider how charter
				schools enrich and otherwise impact the educational opportunities in its
				jurisdiction in present and future years.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-9 - Enrollment, Recruitment, and Retention

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Purpose.
9.1.a. To fulfill the legislative intent of
				W. Va. Code §
										18-5G-1
				et seq., charter schools must remain an open and reasonable option to all
				students, except as identified in W. Va. Code § 18-5G-ll(a)(6) in the case
				of charter schools with an educational mission focused on serving students with
				special needs. Efforts to recruit, enroll, and retain students must align with
				this objective.
9.1.b. Students
				must have the ability to transfer between charter and non-charter public
				schools without impairing their ability to graduate high school on time. To
				this end, authorizers and governing boards are responsible for working
				collaboratively to translate student credits between the two schools and
				ensuring transferring students and parents/guardians understand what coursework
				will be required to graduate at the receiving school, be it a charter or
				non-charter public school. The determination of grade levels for transferring
				students shall be based on what is age and educationally appropriate.
9.1.c. The authorizer and governing board
				must agree to and include in the charter contract provisions, consistent with
				the requirements of this section, relating to a charter school's primary
				recruitment area, preferences to be used in a lottery, enrollment processes and
				timelines, and student transfer processes.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-10 - Educational Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Flexibility, innovation, and
				accountability are the key underpinnings to fulfilling the charter schools'
				promise of increasing educational options in order to improve student outcomes.
				To hold a charter school accountable, its authorizer must have access to
				relevant evidence about the charter school's results. Straightforward reporting
				requirements and processes allow this access with minimum burden on authorizers
				and charter schools. This access helps ensure that charter schools are held
				accountable to their educational mission, their ability to improve student
				outcomes, and their promise of developing successful strategies for diffusion
				across public schools.
10.1.a. In order to
				achieve the requirements above, charter schools shall comply with reporting
				requirements, specifications, processes, and timeline set annually by the
				WVDE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-12 - Finances

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12.1. Purpose.
12.1.a. W. Va. Code §
										18-5G-5
				outlines the funding of charter schools as well as tools to mitigate the fiscal
				impact on county school districts. Clearly articulating the financial rules and
				processes for charter schools will help applicants complete thorough
				applications and authorizers determine the financial viability of applications
				and plan for the fiscal effects on county school districts where charter
				schools operate.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-13 - Appeal of Authorizer's Decision to West Virginia Board of Education

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13.1. Pursuant to
				W. Va. Code § 18-5G-13, an applicant may file an appeal to an authorizer's
				a denial of that applicant's application to the WVBE no later than 30 calendar
				days after:
13.1.a. The authorizer adopts a
				resolution denying a charter application; or
13.1.b. The authorizer adopts a resolution
				denying a charter renewal application.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-14 - Severability

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14.1. If any
				provision of this policy or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				or applications of this policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-081 - Attendance (Policy 4110) › Section 126-81-1 - General

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1.1. Scope. -- This
				legislative rule establishes guidelines for the development of county
				attendance policies.
1.2.
				Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code
				§§16 3-4,
				17B-2-3,
				17B-5,
				18-2-5,
				18-2-5c,
				18-5-15,
				18-8-1,
				18-8-2,
				18-8-3,
				18-8-4,
				18-8-5,
				18-8-11,
				50-1-8;
				and, Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act,
				42 U.S.C.
				11431 et seq. (McKinney-Vento Act).
1.3. Filing Date. -- December 16, 2020.
1.4. Effective Date. -- January
				15, 2021.
1.5. Repeal of Former
				Rule. -- This legislative rule amends W. Va. 126CSR81, West Virginia Board of
				Education (WVBE) Policy 4110, Attendance, filed October 12, 2017, and effective
				November 13, 2017.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-081 - Attendance (Policy 4110) › Section 126-81-2 - Purpose

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2.1. The WVBE
				recognizes that a direct relationship exists between students' daily school
				attendance and academic performance, graduation, and the development of good
				work habits. This attendance policy promotes students' daily school attendance.
				Each county shall be required to develop and implement a county attendance
				policy in accordance with this policy. Daily attendance is necessary for
				students to meet their schools' academic program standards as each day's
				learning builds on the work previously completed. While students and
				parents/guardians/custodians have the ultimate responsibility for daily school
				attendance, the laws of West Virginia require school administrators to enforce
				regular attendance of compulsory school aged students, and to provide a school
				environment conducive to, and encouraging of, attendance.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-081 - Attendance (Policy 4110) › Section 126-81-3 - Definitions

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3.1. Absence. Not
				being physically present in the school facility for any reason or failing to
				engage in virtual or remote learning in accordance with county attendance
				policy.
3.1.a. All documentation relating to
				absences shall be provided to the school not later than three instructional
				days after the first day the student returns to school; failure to submit
				documentation shall result in an Unexcused Absence.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-081 - Attendance (Policy 4110) › Section 126-81-5 - County Attendance Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. County central office staff shall:
5.1.a. provide opportunities for input from
				teachers, principals, attendance directors, parents/guardians/custodians, and
				community leaders when developing or revising the attendance
				policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-081 - Attendance (Policy 4110) › Section 126-81-6 - Severability

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6.1. If any
				provision of this policy or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				or applications of this policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-082 - Provision Of Equal Opportunity In WV Public Schools (4200) › Section 126-82-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Policy 4200 declares the support of the State Board of Education for the
				concept of equal educational opportunity to all students and employees or
				potential employees regardless of their sex, race, color, religion,
				handicapping condition, age or national origin and its application by county
				school systems to all curricular areas; textbooks and instructional materials;
				guidance, counseling and testing; extra-curricular activities; facilities and
				employment.
1.2. Authority. -- W.
				Va. Code '18-2-5.
1.3. Filing Date. -- August 27,
				1990.
1.4. Effective Date. --
				October 4, 1990.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-082 - Provision Of Equal Opportunity In WV Public Schools (4200) › Section 126-82-2 - Rationale

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Board of Education supports the concept of Equal Educational
				Opportunity for all students as being essential to education in the public
				schools of our State.
Continued public attention has been focused on the concept of
				  equal educational opportunity as it applies to female students. This attention
				  has resulted in the passage of legislation by Congress and in dramatic changes
				  in institutions and industries.
Thus, there is a continued need for schools to place a
				  greater emphasis on an area long neglected -- the provision of equal
				  opportunities for females.
2.2. The Congress, in enacting Public Law
				92-138, the Educational Amendments of 1972, determined that, "No person in the
				United States shall, on the basis of sex, be excluded from participation in, be
				denied the benefits of, or be subjected to discrimination under any educational
				program or activity receiving federal financial assistance." Other local, state
				and federal laws provide that students and employees regardless of their race,
				color, religion, handicapping condition, age or national origin be afforded
				these same opportunities to make this Policy all emcompassing.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-082 - Provision Of Equal Opportunity In WV Public Schools (4200) › Section 126-82-3 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia Board of Education reviews and affirms its
				  commitment to equal opportunity in education and adopts the following policy
				  statements:
3.1. All Curricular Areas
				- No student is to be denied equal opportunity for participation in any program
				of the public schools on the basis of sex, race, color, religion, handicapping
				condition, age or national origin. County boards of education are to provide
				all students equal access to and equal opportunities for participating in any
				courses their schools offer. All course offerings must be conducted as being
				open to both male and female students. For example:
3.1.1. A county school system may not require
				males to take industrial arts and females to take home economics, or exclude
				females from industrial arts and males from home economics.
3.1.2. A vocational school may not state that
				a welding course is open only to males or a cosmetology class is open only to
				females. All students must have equal opportunity to select and participate in
				all such classes.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-083 - Policy Regarding Eye, Face, Or Body Shield Safety Devices › Section 126-83-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Established February 1, 1974, which states that appropriate trial quality body
				shield safety devices shall be worn by every parent, teacher or other persons
				in educational programs operated in West Virginia.
1.2. Authority. -- W. Va. Code '18-2B-2.
1.3. Filing Date. -- September 10,
				1974.
1.4. Effective Date. --
				November 9, 1974.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-083 - Policy Regarding Eye, Face, Or Body Shield Safety Devices › Section 126-83-2 - Wearing of Safety Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
Effective September 1, 1974, appropriate industrial quality
				  eye, face, or body shield safety devices shall be required to be worn by every
				  student, teacher, or other persons in educational programs operated in the
				  public schools of West Virginia when the instructional activities are such that
				  students, teachers, or other persons are exposed to:
a. Hot molten metals or other molten
				materials.
b. Powered milling,
				sawing, turning, shaping, cutting, sanding, grinding, or stamping of any solid
				materials.
c. Heat treatment,
				tempering or kiln firing of any metal or other materials.
d. Gas or electric arc welding or other forms
				of welding processes and injurious radiations or other hazards not
				enumerated.
e. Caustic or explosive
				materials, and hot liquids or solids.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-083 - Policy Regarding Eye, Face, Or Body Shield Safety Devices › Section 126-83-3 - Safety Devices Furnished by County

Current through Register Vol. XLI, No. 28, July 12, 2024
Appropriate eye, face, or body shield safety devices shall be
				  provided by the county, and worn at all times by students, teachers, or other
				  persons, upon entering a laboratory or shop for the purpose of participating or
				  observing instructional activities of the above nature.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-083 - Policy Regarding Eye, Face, Or Body Shield Safety Devices › Section 126-83-4 - Standards All Personal Protective

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Equipment and devices shall meet or
				exceed the minimum requirements under Section 6 of the Occupational Safety and
				Health Act of 1970 and specifically Subpart 1 of 29-CFR1910 and the appropriate
				standards published by the American National Standards Institute and the
				National Fire Prevention Association and incorporated by reference under
				Section 6 of the Act (OSHA) shall govern the selection, maintenance and use of
				this equipment.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-084 - Student Driver Eligibility Certificate (4150) › Section 126-84-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule provides guidelines for the uniform implementation of driver
				eligibility criteria for students at least 15 but less than 18 years of
				age.
1.2. Authority. - West
				Virginia Constitution, Article XII, §2, and W. Va. Code §§
									17B-2-3a,
				17B-3-6,
				18-2-5, and
				18-8-11.
1.3. Filing Date. - May 13, 2021.
1.4. Effective Date. - July 1,
				2021.
1.5. Repeal of Former Rule.
				-- This legislative rule amends W. Va. 126CSR84, Policy 4150, Student Driver
				Eligibility Certificate, filed August 15, 2008, and effective September 15,
				2008.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-084 - Student Driver Eligibility Certificate (4150) › Section 126-84-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Board of Education (WVBE) recognizes that driving a vehicle is a
				privilege and that W. Va. Code requires young people, at least 15 but less than
				18 years of age, to maintain specified driver eligibility requirements related
				to school attendance, personal behavior, and academic progress in order to
				obtain and maintain a West Virginia license or instruction permit for the
				operation of a motor vehicle. While the West Virginia Department of Motor
				Vehicles (WVDMV) has the authority to deny and suspend a license or instruction
				permit for the operation of a motor vehicle, W. Va. Code places certain
				responsibilities on school administrators to identify students who do not meet
				any or all of the driver eligibility requirements and to communicate this
				information to the WVDMV. The identification of students not meeting the driver
				eligibility requirements must be performed using uniform measures across the 55
				counties; the definitions provided in this policy have been designed to assure
				consistent application of driver eligibility throughout West
				Virginia.