West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-003 - Notice and Conduct of Meetings (1241) › Section 126-3-2 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As required by
				W. Va. Code §
									18-2-3,
				the WVBE shall hold shall hold at least six meetings in every year at such
				times and places as it may prescribe. It may meet at such other times as may be
				necessary, such meetings to be held upon its own resolution or at the call of
				the president of the WVBE. Regular meetings will be held on the second
				Wednesday of each month unless the WVBE or its president choose to meet on an
				alternate day.
2.2. Special
				meetings may be held at such other times as may be necessary, as determined by
				the WVBE and/or its president.
2.3. Emergency meetings, as that term is
				defined by W. Va. Code §
									6-9A-2(2),
				may be held, as determined by the WVBE and/or its president.
2.4. At its first regular meeting at the
				beginning of every fiscal year the WVBE shall elect one of its members as
				president, who may serve an unlimited number of terms, but no more than two
				consecutive terms, and one as vice president who may serve an unlimited number
				of terms.
2.5. The WVBE shall
				appoint a secretary who shall keep a record of the proceedings of the WVBE and
				shall perform such other duties as it may prescribe.
2.6. The president shall preside at all WVBE
				meetings at which he or she is present and control debate and discussion. If
				the president is absent from a meeting, the vice-president shall preside. In
				the absence of the vice-president, another member may be designated by the
				president to preside over the meeting.
2.7. All members, including the president and
				vice president, may make and second motions on all matters before the WVBE at a
				meeting. Any motion not receiving a second shall die.
2.8. A majority of the WVBE shall constitute
				a quorum at any meeting for the transaction of business.
2.9. The secretary of the WVBE shall
				electronically file a notice of each of the WVBE's regular and special meetings
				with the Secretary of State for publication on the Secretary of State's website
				and shall place each notice on the West Virginia Department of Education's
				(WVDE) website. Each notice shall contain the date, time, place, and purpose of
				the meeting and shall be filed or placed in a manner to allow each notice to
				appear on the Secretary of State's website and the WVDE's website at least five
				business days prior to the date of the meeting.
2.10. The secretary of the WVBE shall
				electronically file a notice of an emergency meeting with the Secretary of
				State and place a notice on the WVDE's website as soon as practicable prior to
				the meeting. The emergency meeting notice shall state the date, time, place,
				and purpose of the meeting and the facts and circumstances of the
				emergency.
2.11. All meetings of
				the WVBE are open to the public except as otherwise provided in W. Va. Code
				§
									6-9A-4.
2.12. Upon a majority vote of the members
				present at any meeting, the WVBE may go into executive session and exclude the
				public to discuss any agenda item that fits within the exceptions provided in
				W. Va. Code §
									6-9A-4. Any action
				taken as a result of a discussion in executive session must be taken in open
				session except that the WVBE may vote in executive session to give its attorney
				settlement authority for threatened or pending claims against the WVBE.
				Provided that, pursuant to W. Va. Code §
									6-9A-4(b)(11),
				if a settlement is reached, then the terms of the settlement agreement shall be
				reported by the WVBE at an open meeting and entered into its meeting minutes
				within a reasonable time after the settlement is concluded.
2.13. Open meetings of the WVBE may be
				recorded using audio recording equipment. Copies of such audio recordings shall
				be available to the public within a reasonable time after the meetings and
				remain available for five years following the recording date.
2.14. A member of the public who disrupts a
				WVBE meeting, to the extent that the orderly conduct of the meeting is
				compromised, may be removed from a meeting at the discretion of the WVBE and/or
				its president.