reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-192 - Prospective Employable Professional Personnel (5103) › Section 126-192-3 - Hiring Process

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				county is eligible to hire prospective employable professional personnel only
				if the county=s net enrollment during the current year is more than one hundred
				(100) students greater than the fourth (4th) year
				prior to the current year.
3.2. A
				county on its own may hire prospective employable professional personnel only
				when the county board has: given the superintendent general approval to employ
				the personnel on the reserve list; given general approval as to the form of the
				contract; and has approved the number to be hired from the reserve
				list.
3.3. If a county does not
				meet the eligibility requirements listed in 3.1, the State Board may give the
				county permission to hire prospective employable personnel through a waiver
				process. In the waiver letter to the State Board, the county superintendent and
				the current president of the county board must jointly request the waiver. The
				waiver letter should list current vacancies in professional positions and set
				forth the need to recruit teachers in specific subject matter areas. The State
				Board may not approve waivers for prospective employable personnel more than
				twenty-five (25) per county.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-192 - Prospective Employable Professional Personnel (5103) › Section 126-192-4 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The State Board must annually provide the Legislative Oversight Commission on
				Educational Accountability with a report on the number of counties
				participating in this program, the number of personnel hired, the teaching
				fields in which they were employed, the place of residency of the personnel
				hired and the Board=s recommendations with respect to the entire
				program.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-200 - Public School Finance › Section 126-200-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the guidelines for a uniform system of school
				district budgeting. It is intended as a ready reference for treasurers,
				business managers, superintendents, and others involved in school
				finance.
1.2. Authority. --
				'l8-9B-5.
1.3. Filing Date. -- June
				1, 1990.
1.4. Effective Date. --
				July 16, 1990.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-200 - Public School Finance › Section 126-200-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Copies of procedures and policies are attached. Copies may be obtained in the
				office of Secretary of State and in the West Virginia Department of Education,
				Bureau of Finance and Services.
2.2. Summary of procedures and policies below
				.
SUMMARY OF RULES AND REGULATIONS
Regulations contain basic information covering revenue,
				  budget, expenditures, fiscal management, and auditing. Sample forms and other
				  useful information are in the appendix.
A COMPLETE COPY OF THE HANDBOOK FOR SCHOOL FINANCE IN
					 WEST VIRGINIA IS AVAILABLE THROUGH THE BOARD OF EDUCATION OR THE OFFICE OF THE
					 SECRETARY OF STATE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-200 - Public School Finance (8100) › Section 126-200-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule describes the finance function of county boards of education
				(boards), educational service cooperatives (ESCs), and multi-county vocational
				centers (MCVCs), and details fiscal management, disbursement of funds, payroll
				activities, receipt of revenues, and other processes essential to public school
				finance.
1.2. Authority. -- W. Va.
				Constitution, Article XII, §2; W. Va. Code §§
									18-9-1 et seq.,
				18-9A-1 et seq.,
				18-9B-1 et seq.,
				18A-2-1 et seq., and 18A-4-1 et
				seq.
1.3. Filing Date. -- July 8,
				2024.
1.4. Effective Date. --
				August 7, 2024.
1.5. Repeal of
				Former Rule. -- This rule repeals and replaces W. Va. §126CSR200, Policy
				8100, Public School Finance, filed June 1, 1990, and effective July 16,
				1990.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-200 - Public School Finance (8100) › Section 126-200-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The Handbook for School Finance in West Virginia is attached to this policy and
				incorporated by reference. Copies may be obtained from the Office of the
				Secretary of State and from the West Virginia Department of Education (WVDE)
				Office of School Finance.
2.2.
				Summary of rules and regulations. This policy and associated handbook have been
				prepared to provide boards, ESCs, and MCVCs with basic information covering
				revenue, budget, expenditures, payroll, fiscal management, and auditing. Sample
				forms and other useful information are found in the appendices.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-200 - Public School Finance (8100) › Section 126-200-3 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If any
				provision of this policy and associated handbook or the application thereof to
				any person or circumstance is held invalid, such invalidity shall not affect
				other provisions or applications of this policy and associated handbook.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-201 - Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1) › Section 126-201-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the method to be used in computing average daily
				attendance (ADA) and average daily membership (ADM).
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2; W. Va. Code §§18-2-5, 18-8-1 et seq, 18-9B-5,
				18-9B-9, 18A-5-6; and Public Law 100-297, Augustus F. Hawkins-Robert T.
				Stafford Elementary and Secondary School Improvement Amendments of
				1988.
1.3. Filing Date. -- November
				10, 2021.
1.4. Effective Date. --
				December 13, 2021.
1.5. Repeal of
				Former Rule. -- This legislative rule amends W. Va. §126CSR201, Policy
				8100.1, Computation of Average Daily Attendance (ADA) and Average Daily
				Membership (ADM), filed July 18, 1995, and effective August 16, 1995.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-201 - Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1) › Section 126-201-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. ADA is used in
				calculating various steps of the West Virginia Public School Support Plan and
				in calculating the state per pupil expenditures for use in determining federal
				program allocations. The policy defines a consistent method of computing ADA
				and ADM in West Virginia.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-201 - Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1) › Section 126-201-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. ADA shall be
				the aggregate number of days of attendance during the regular school term
				divided by the number of days school is in session during this period measured
				to the nearest half-day. The total number should be for all public school
				pupils, including pupils enrolled in charter public schools, in prekindergarten
				through grade 12 excluding students in summer school, adult education courses,
				and community college. ADA shall include all forms and modes of instruction,
				including virtual and in-person.
3.2. ADM shall be the aggregate number of
				days of membership of a school during the regular school term divided by the
				number of days in session during this period measured to the nearest half-day.
				The total number should be for all public school pupils, including pupils
				enrolled in charter public schools, in prekindergarten through grade 12
				excluding students in summer school, adult education courses, and community
				college. ADM shall include all forms and modes of instruction, including
				virtual and in-person.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-201 - Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1) › Section 126-201-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The West Virginia Department of
				Education shall collect attendance data annually from the county boards of
				education and all charter public schools of the tenth school month and shall
				utilize the data to compute the ADA and ADM.
4.2. All public schools shall be responsible
				for maintaining accurate attendance records regardless of the form or mode of
				instruction.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-201 - Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1) › Section 126-201-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. 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 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Purpose. --
				The purpose of this policy is to establish the minimum requirements and
				procedures to be followed by county boards of education, regional education
				service agencies (RESAs) and multi-county vocational centers (MCVCs) in the
				purchasing, receiving, safeguarding and disposal of goods and services obtained
				for use in their operations.
1.2.
				Authority. -- West Virginia Constitution, Article XII, §2 and W. Va. Code
				§§
									5-22-1,
				5A-3-37,
				5A-3-37a,
				5G-1-1
				et seq, 11-8-26, 12-3-10a, 12-3-10b, 18-2-5, 18-5-5, 18-5-7, 18-5-7a, 18-5-7b,
				18-5-9a, 18-5-13, 18-9B-12, 18-8-26, 18-2B-2, 21-5A-1 et seq, 31-15A-15,
				61-5A-6, and 61-10-15.
1.3. Filing
				Date. -- July 13, 2012.
1.4.
				Effective Date. -- August 13, 2012.
1.5. Repeal of Former Rule. -- This
				legislative rule amends W. Va. 126CSR202, West Virginia Board of Education
				Policy 8200, Purchasing Procedures for Local Educational Agencies, filed
				January 11, 2008, and effective February 11, 2008, and continues to supersede
				Section E of Chapter 3 of W. Va. 126CSR200, West Virginia Board of Education
				Policy 8100, Handbook for School Finance in West Virginia, which relates to
				purchasing.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This policy
				applies to all county boards of education, RESAs, and MCVCs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-3 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Copies. - A copy of the Purchasing Policies and Procedures Manual is attached.
				Additional copies may be obtained in the Office of the Secretary of State and
				in the West Virginia Department of Education, Division of Student Support
				Services.
3.2. Summary of rules and
				regulations. - County boards of education, have the authority and
				responsibility, subject to the provisions of statute and rules and regulations
				of the West Virginia Board of Education, to acquire needed commodities and
				services in order to provide a thorough and efficient system of education for
				all children in West Virginia.
3.3.
				This rule establishes the minimum system of purchasing rules and regulations
				that are to be followed by the county boards of education, RESAs and MCVCs
				throughout the state. These agencies are encouraged to develop local policies,
				practices and procedures that supplement the provisions specified
				herein.
3.4. This rule has been
				developed as a manual to be used as a guide by county superintendents,
				purchasing directors, business officials, and other personnel involved in the
				acquisition and disposal of commodities and services in the performance of
				their duties.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-4 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each local
				educational agency (LEA) in the State of West Virginia, which includes all
				county boards of education, RESAs, and MCVCs is responsible for adhering to the
				requirements included in this policy for the purchasing, receiving,
				safeguarding, and disposal of commodities and services used in its operations.
				Each LEA is also responsible for adopting a local purchasing policy to address
				the specific procedures and practices particular to that agency's situation.
				These local policies must, at a minimum, adhere to the requirements included in
				this policy but may make the requirements more restrictive.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-5 - Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Authority. The
				governing body of each LEA is responsible for the purchasing, receiving,
				safeguarding, and disposal of all goods and services obtained for use by the
				LEA. This authority may be delegated to the superintendent, or director of a
				RESA or MCVC, or to a designee. The official to whom these responsibilities
				have been delegated shall be the purchasing director of the LEA.
5.2. Requisitions. The LEA must develop
				written procedures to establish a system for the orderly submission,
				processing, and approval of purchase requisitions.
5.3. Approval. All purchase orders must be
				manually or electronically approved by the purchasing director or designee
				prior to their issuance. The responsibility of the chief financial officer is
				to ensure that funds are available for the purchase and that they have been
				properly budgeted.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-202 - Purchasing Procedures for Local Education Agencies (8200) › Section 126-202-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If any part of
				this policy is declared unconstitutional or invalid by a court of competent
				jurisdiction, such decision shall not affect the validity of the remaining
				provisions of this policy, or the policy in its entirety.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule contains the procedures of the West Virginia Board of Education (WVBE) for
				procurements exempt under W. Va. Code §
									5A-3-1 et seq. or the requirements
				of the West Virginia State Purchasing Division.
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2; and W. Va. Code §
									18-2-5 and §
									5A-3-1(c).
1.3. Filing Date. -- December 13,
				2023.
1.4. Effective Date. --
				January 16, 2024.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This policy
				applies to the West Virginia Board of Education, West Virginia Department of
				Education, West Virginia Schools of Diversion and Transition, and West Virginia
				Schools for the Deaf and the Blind.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-4 - Exempt Purchasing Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. This policy applies to purchases exempt
				under W. Va. Code §
									5A-3-1(c)
				including the following: purchases of textbooks, instructional materials,
				digital content resources, instructional technology, hardware, software,
				telecommunications, and technical services by the WVBE for use in, and in
				support of, the public schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-5 - General Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				WVBE procurements for commodities and services are centrally processed within
				the entities of the WVBE to provide economical and efficient services at a
				reasonable cost, using fair and reasonable competitive methods, and providing
				equitable treatment of vendors.
5.2. The methods used to procure commodities
				and services needed by the WVBE include competitive bidding, direct purchases,
				and best value procurement.
5.3.
				Documentation will be maintained for all procurements by WVBE Purchasing to
				protect the integrity of the process.
5.4. WVBE contracts shall comply with all
				applicable laws, rules, and regulations. Procurement documents must contain
				standard agency terms and conditions necessary to comply with West Virginia
				law.
5.5. A required black out
				period will be observed from the release of an RFQ, RFP, or EOI until the award
				or cancellation. Any contact with the WVBE during a blackout period will only
				be permissible through WVBE Purchasing.
5.6. Vendors will be provided with
				instructions for submitting bids and may contact WVBE Purchasing when
				necessary.
5.7. WVBE contracts must
				contain a clause that permits the WVBE to cancel the contract upon 30-days
				written notice to the vendor without stating a reason or being assessed a
				penalty.
5.8. Bids will not be
				altered after opening but will be made available for review or
				copying.
5.9. Use of a purchasing
				card may be required as a valid payment method for any procurement if its use
				is appropriate.
5.10. All bid
				openings will be open to the public and overseen by WVBE Purchasing. For bids
				received pursuant to an RFP, WVBE Purchasing will confirm each original package
				contains a separately sealed cost proposal.
5.11. All bids received will be available to
				the public as soon as they can be scanned or copied after the opening of a bid.
				The evaluation committee may conduct oral interviews or site visits to confirm
				the points assigned for a technical evaluation. After an award, the purchasing
				file will be available for review or copying.
5.12. The WVBE may enter into negotiations to
				finalize or amend contracts when necessary.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-6 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Documentation associated with all procurements will be maintained.
6.2. All purchases of commodities and
				services are subject to expenditure approval.
6.3. Contracts will be issued for all
				procurements, regardless of the dollar amount, to assist with tracking and
				ensure proper internal controls.
6.4. The vendor will be responsible for
				submitting an accurate bid to WVBE Purchasing. The bid must be submitted in
				accordance with the procurement documents and by the specified bid opening
				time, date, and location.
6.5.
				Prior to receiving a contract award, a vendor must be a registered vendor as
				required by the West Virginia State Purchasing Division, produce documentation
				of any required licenses or insurance, and be in good standing with the State,
				including the West Virginia Secretary of State and West Virginia Workers'
				Compensation.
6.6. Vendors that are
				awarded a contract of $1 million or more are required to provide the WVBE with
				a completed Disclosure of Interested Parties form authorized by the West
				Virginia Ethics Commission.
6.7.
				Vendors are prohibited from providing commodities or performing work without
				receipt of the awarded contract and notice to proceed, when required. The WVBE
				will not be responsible for any work performed by a vendor prior to, or not in
				accordance with, the contract award.
6.8. All requests for commodities or services
				will be submitted in writing by WVBE staff to WVBE Purchasing by draft purchase
				order, purchase requisition, or other method prescribed by WVBE Purchasing. All
				requests require the approval of a person with the appropriate signature
				authority.
6.9. Upon receipt from
				WVBE staff, a requisition shall be reviewed by WVBE Purchasing to determine the
				appropriate sourcing method for the procurement.
6.9.a. Sourcing methods that will be
				considered include, but are not limited to, a review of inventory from
				stockroom; State sources (e.g., Correctional Industries, sheltered workshops,
				surplus property); statewide or agency master agreements; cooperative
				contracts; or obtaining bids if required by the procurement method
				levels.
6.9.b. Any WVBE contract
				requested to be used by another State entity or political subdivision must
				obtain the written approval of both the WVBE and the vendor.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-7 - Formal Procurement Documents and Processes

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Request for Quotation (RFQ).
7.1.a. An RFQ shall contain a detailed
				description of, or specification for, the item(s) being purchased, any required
				delivery date, quantities, bid price per unit, deadlines, and information on
				how to complete and submit the RFQ bid.
7.1.b. All bids will be reviewed by WVBE
				Purchasing and the office requesting the item(s) to verify which bid(s) meet(s)
				the requirements of the RFQ.
7.1.c.
				The award will be made to the lowest responsible and responsive
				vendor.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-8 - Vendor Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Protest Procedures. The WVBE provides participating vendors with the right to
				protest either specifications or purchase order awards for exempt purchases.
8.1.a. All protests for purchasing matters
				authorized under exempt purchasing authority, regardless of the dollar amount,
				will be directed to WVBE Purchasing. The vendor is responsible for ensuring
				that the protest is received by WVBE Purchasing within the allotted timelines.
				A vendor's failure to ensure the receipt of the protest to WVBE Purchasing,
				resulting in the protest not being received by the timeline established in
				section 8.2, is not sufficient to warrant an extension of the timeline and/or
				acceptance of the protest.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-9 - Public Records

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				As public records, procurement documents will be disclosed to the public
				following the bid opening or the award of a contract upon request to WVBE
				Purchasing or pursuant to a FOIA request.
9.2. Any bid or other document in a
				procurement file will be disclosed pursuant to a request to WVBE Purchasing or
				a FOIA request, even if the bid or other document contains statements or labels
				attempting to prevent disclosure, such as confidential, trade secret, private,
				or any other claim.
9.3. The WVBE
				is not liable for any disclosure of a procurement document.
9.4. The WVBE does not have a duty to inform
				a vendor that any documents, contracts or other information has been, or will
				be, disclosed pursuant to a request.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-10 - Vendor Debarments and Suspensions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The WVBE will recognize and honor any
				vendor suspensions and debarments by the federal government and/or the West
				Virginia State Purchasing Division.
10.2. The WVBE may suspend or debar a vendor
				at its discretion.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. 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 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes the process by which county boards of education,
				charter public schools, and multicounty vocational centers may submit requests
				for needs-based funding from the Safe Schools Fund and the criteria by which
				those requests shall be evaluated.
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2; and W. Va. Code §
									18-2-5 and
				§18-5-48.
1.3. Filing Date. --
				June 12, 2024.
1.4. Effective Date.
				-- July 15, 2024.
1.5. Repeal of
				Former Rule. -- None. This is a new rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Public school
				district. A collective reference to the county boards of education and charter
				public schools.
2.2. Safety and
				security measures. Actions taken by a public school district or multicounty
				vocational center (MCVC) that improve the security of a school facility and the
				safety of students within such facility, including, but not limited to, hiring
				a school resource officer, installing weapon detection systems, and upgrading
				facility doors or windows.
2.3.
				Selection committee. Group of members selected according to section 6.1 of this
				policy, who are responsible for managing the evaluation, selection, and
				awarding of all available Safe Schools Funds.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-3 - Annual Safety and Security Assessments and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each public school district and MCVC
				shall annually assess the safety and security of each school facility for which
				they are responsible. Safety and security measures of each facility shall be
				upgraded when necessary to ensure the safety of the students within each
				facility.
3.2. Each public school
				district and MCVC shall report annually to the West Virginia Department of
				Education (WVDE) the safety and security measures it has implemented.
3.3. Annually, the WVDE shall compile the
				information received and report it to the Legislative Oversight Commission on
				Education Accountability and request an appropriation based on the requests of
				the public school districts and MCVCs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-4 - Safe Schools Fund General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When made available, Safe Schools Funds
				shall be distributed on the basis of need.
4.2. Money distributed from this fund shall
				not be used to make permanently affixed improvements, alterations, or additions
				to a physical facility that a public school district or MCVC does not own. If
				the WVDE distributes any money from the Safe Schools Fund for the purpose of
				making safety improvements on or in a facility that is not owned, the
				improvements shall be accomplished in such a manner that they may be removed
				with minimal effort.
4.3. The WVDE
				shall allocate available Safe Schools Funds based on the following order of
				priority:
4.3.a. installing video and audio
				recording devices in certain special education classrooms, as defined by W. Va.
				Code §
										18-20-11;
4.3.b. constructing safe school entryways as
				defined by W. Va. Code §
										18-5-48;
4.3.c. on the determination of need, other
				safety and security needs of the public school districts and MCVCs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-5 - Submission and Evaluation Process for Safe Schools Fund Needs-based Funding

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Subject to the availability of Safe Schools Funds, the WVDE shall notify and
				provide the public school districts and MCVCs with an application to apply for
				funding. The completed applications shall be returned to the WVDE in the manner
				and timeframe prescribed by the WVDE.
5.2. The funding request application from the
				public school districts and MCVCs shall be submitted to the WVDE and include
				the following minimum content for consideration:
5.2.a. contain detailed plans illustrating or
				explaining how the project will improve the safety and security of students and
				staff;
5.2.b. be included in the
				submitting public school district or MCVC's
most recent
Safety and
				Security Survey response, as surveyed and collected by the WVDE and required by
				W. Va. Code §
										18-5-48. When a request is not
				identified in the required Safety and Security Survey, the selection committee
				may consider a written statement from the public school district or MCVC as a
				substitute for the survey requirement. The written statement shall describe why
				the proposed project was not included in the required survey and the time
				significance of including the proposed project;
5.2.c. contain a cost estimate that fully
				details the project's proposed costs, if it is a one-time or reoccurring cost,
				and the amount of funds, if any, the public school district or MCVC proposes to
				contribute to the project;
5.2.d.
				if related to physical facility upgrades, provide a copy or access to the
				approved Comprehensive Educational Facilities Plan (CEFP) of the county board
				of education or MCVC, as defined by W. Va. 126CSR172, Policy 6200, Handbook on
				Planning School Facilities (Policy 6200), or a charter public school's
				organizational application or similar planning documents;
5.2.e. contain a summary of the public school
				districts' and MCVCs' efforts to maintain and improve the safety and security
				of students and staff at the facilities under the applicant's control;
				and
5.2.f. other information the
				selection committee deems significantly relevant.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-6 - Selection Process for Safe Schools Fund Needs-based Funding

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Public school
				districts and MCVCs whose requests meet the content requirements of section
				5.2, shall be placed in a pool of eligible applications for further
				consideration by a selection committee. The State Superintendent of Schools
				shall determine the number of members on the selection committee and appoint
				members to the committee.
6.2.
				Subject to the availability of funds, the selection committee shall evaluate
				and rank the eligible applications for the awarding of Safe Schools Funds based
				on the following criteria in order of prioritization and value:
6.2.a. the ordered priorities defined in
				section 4.3;
6.2.b. the
				demonstrated ability of the public school districts or MCVCs to fund the
				project and complete it in a timeframe that meets the requirements of this
				policy;
6.2.c. the alignment of the
				project with the public school district and MCVCs' long-term facility, safety,
				and security plans;
6.2.d.
				demonstrated efforts by the public school districts and MCVCs to maintain
				facilities and improve the safety and security of students and staff at the
				proposed project facility and other facilities under the applicant's control;
				and
6.2.e. other criteria the
				selection committee deems significantly relevant.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-7 - Award Process and Requirements for Selected Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Subject to the availability of funds,
				the ranked submissions shall be funded, starting with the highest-ranking
				submission and proceeding to the lower-ranking submission until funds are
				extinguished for the respective fiscal year and no more submissions can be
				fully funded.
7.2. All submissions
				must be explicitly used for the stated purpose and procured according to W. Va.
				126CSR202, Policy 8200, Purchasing Procedures for Local Educational Agencies,
				and all other requirements governing the expenditure of public funds.
7.3. When the WVDE identifies funding as
				being used for purposes outside the scope of an approved submission or not
				according to proper procurement methods, funding for that submission shall be
				unallocated, and all expended and unexpended funds shall be returned to the
				Safe Schools Fund and made available for future allocation and distribution
				according to the processes defined in this policy.
7.4. Funds for approved submissions may be
				distributed either as a lump sum or on a reimbursement basis, as determined by
				the selection committee and in the best interest of ensuring the prudent and
				responsible use of resources.
7.5.
				The selection committee shall determine the distribution of unused, returned,
				or unallocated funds. It is within the selection committee's discretion to
				award returned or unallocated funds to currently eligible and prioritized
				submissions or to hold the funds for distribution in subsequent fiscal
				years.
7.6. To encourage planning
				and prompt action, public school districts and MCVCs forfeit any funds that
				fail to be expended within two fiscal years of disbursement, unless the
				committee provides an extension under the following guidelines for extensions
				and forfeitures:
7.6.a. upon formal request
				from the public school districts or MCVCs, the committee may authorize an
				extension beyond the provided two fiscal years for a period not to exceed an
				additional fiscal year; and
7.6.b.
				any forfeited funds shall be returned to Safe Schools Fund and made available
				for future allocation and distribution according to the processes defined in
				this policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-204 - Safe Schools Funding Process (Policy 8300) › Section 126-204-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If any
				provision of this policy or the application thereof to any person or
				circumstances 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 126-205 - Procedure For Investing Proceeds Of The State School Building Fund › Section 126-205-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				legislative rule establishes guidelines for the investment of proceeds for the
				State School Building Fund.
1.2
				Authority & Related Code Citation(s) - W. Va. Code
				18-9C-3;
				18-9C-4;
				12-6-7;
				12-6-8
1.3 Piling Date - December 23, 1982
1.4 Effective Date - December 23,
				1982
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-205 - Procedure For Investing Proceeds Of The State School Building Fund › Section 126-205-2 - Resolution

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 WHEREAS, Under
				provision §
									18-9C-3
				of the Code of West Virginia, the West Virginia Board of Education is
				authorized and empowered to accept, administer, manage and expend for the
				purposes designated, all funds derived from the sale of bonds under authority
				of the Better School Buildings Amendment, and
2.2 WHEREAS, Under provision §
									18-9C-4
				of the Code of West Virginia, the proceeds of the State School Building Fund
				not necessary for current operating balances, shall be invested and reinvested
				in short term obligations of the United States Treasury, and
2.3 WHEREAS, Under provision §
									12-6-7
				and §
									12-6-8
				of the Code of West Virginia, all duties vested by law in any agency or board
				of the State relating to investment or reinvestment of monies, and the
				purchase, sale or exchange of any investment securities of and for any funds,
				shall be exercised and performed for such fund by the West Virginia Board of
				Investments, and
2.4 WHEREAS, In
				order to obtain maximum returns on investments, it is necessary to invest and
				reinvest such funds at times when the West Virginia Board of Education cannot
				be convened;
2.5 THEREFORE BE IT
				RESOLVED, That the State Superintendent of Schools shall advise the West
				Virginia Board of Investments at appropriate times and in an appropriate manner
				of the funds available for investment and reinvestment so that adequate
				operating balances be maintained, and maximum income be earned from such
				investments, and
2.6 BE IT FURTHER
				RESOLVED, That the West Virginia Board of Education shall be informed by the
				State Superintendent of Schools and the Board of Investments regularly of the
				investments, balances and overall status of the School Building Fund.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 These rules
				establish regulations and procedures for receiving a waiver for the maximum
				ratio of thirty-four service personnel per one thousand students in adjusted
				enrollment and the twenty percent per year growth cap based on student
				population density and miles of bus routes driven.
1.2 Authority -
				18-9A-5
1.3 Filing Date - November 4, 1992
1.4 Effective Date - December 7,
				1992
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The
				Density/Mileage Factor shall be the county's regular annual bus miles per pupil
				divided into the county's student population density.
2.2 student Population Density shall be the
				county's second month net enrollment divided by the total square miles per
				county.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-3 - Waiver for Service Personnel which Exceed the 34/1000 Limit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 All counties
				below a density/mileage factor of .05 shall be allowed one extra' employee per
				1,000 students in adjusted enrollment for each .01 that their density/mileage
				factor falls below the density/mileage factor of .05. No county shall receive a
				waiver for more employees than is allowed by the net enrollment limitation
				after it is adjusted for the density/mileage factor in proportion to the
				adjustment for the 34/1000 limit.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-4 - Growth Limitation Vaiver for Service Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 All counties below the density/mileage
				factor of .05 for student population density and miles of regular bus routes
				driven shall receive a full waiver of the' 20% growth limitation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-5 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 If funds are
				appropriated, then by July 1 of the year to be funded, each county that is
				eligible for a waiver of the 34/1000 or the growth limitation of school service
				personnel should apply to the state superintendent.
5.2 No county may receive a retroactive
				waiver or a waiver for the current year unless there is a special appropriation
				from the Legislature for this purpose.
5.3 If partial funding is received, the funds
				will be prorated among the eligible counties.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-206 - Basic State Aid: Waiver Of 34/1000 And Growth Limitation Of School Service Personnel › Section 126-206-6 - Calculation of Basic State Aid

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 The additional personnel added through
				the waivers shall not be counted in the Basic Resources Formula for computing
				Step 7.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-207 - Projection Of Net Enrollment Increases (8224) › Section 126-207-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Purpose. --
				The purpose of this policy is to establish an objective method for projecting
				an increase in net enrollment for each school district to determine the amount
				of funding required to fully fund the provisions of W. Va. Code §
									18-9A-15.
1.2. Authority -- W. Va. Constitution,
				Article XII, §2 and W. Va. Code §§
									11B-2-3,
				18-2-5,
				18-9A-2
				and
				18-9A-15.
1.3. Filing Date. -- August 12,
				2005.
1.4. Effective Date. --
				September 11, 2005.
1.5. Repeal of
				former rule. -- This legislative rule repeals and replaces W. Va. 126CSR207,
				West Virginia Board of Education Policy 8224, Six Percent Loss Cap Waiver,
				filed November 17, 1989 and effective December 29, 1989.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-207 - Projection Of Net Enrollment Increases (8224) › Section 126-207-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This policy
				applies to the West Virginia Department of Education [WVDE], Office of School
				Finance, and all county boards of education.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-207 - Projection Of Net Enrollment Increases (8224) › Section 126-207-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Birth data -
				Annual birth information for each county in the state.
3.2. Cohort survival - The percentage of
				students in a certain grade that advance to the next grade level.
3.3. Enrollment history - The five-year
				history of student (head count) enrollment for each county school district,
				based upon second month enrollment.
3.4. Net enrollment - the number of pupils
				enrolled in special education programs, kindergarten programs and grades one to
				twelve, inclusive, of the public schools of the county. Net enrollment shall
				include adults enrolled in regular secondary vocational programs and shall
				include no more than one thousand such adults counted on the basis of full-time
				equivalency and apportioned annually to each county in proportion to the adults
				participating in regular secondary vocational programs in the prior year
				counted on the basis of full-time equivalency. No tuition or special fees
				beyond that required of the regular secondary vocational student is charged for
				such adult students (W. Va. Code §
									18-9A-2).
3.5. Net enrollment adjustment factor - Five
				year average percentage difference between the number of students enrolled in
				each school district and the number of students reported in net
				enrollment.
3.6. Survival ratio -
				Percentage of students that advance from one grade level to the next.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-207 - Projection Of Net Enrollment Increases (8224) › Section 126-207-4 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The WVDE,
				Office of School Finance, on behalf of the State Superintendent of Schools
				(hereinafter State Superintendent), shall be responsible for administering and
				complying with the requirements of this policy.