West Virginia Code
Article 5. County Board of Education
§18-5-46. Requiring Teacher to Change Grade Prohibited; Teacher Recommendation Relating to Promotion

(a) No teacher may be required by a principal or any other person to change a students grade on either an individual assignment or a report card unless there is clear and convincing evidence that there was a mathematical error in calculating the students grade.
(b) The teachers recommendation relating to whether a student should be promoted to the next grade level shall be a primary consideration when making such a determination.

Structure West Virginia Code

West Virginia Code

Chapter 18. Education

Article 5. County Board of Education

§18-5-1. Supervision and Control of County School Districts; Number, Nomination and Election of Members

§18-5-1a. Eligibility of Members; Training Requirements

§18-5-1b. Election; Terms of Office

§18-5-1c. Organization of Board; Evaluation

§18-5-2. Filling Vacancies

§18-5-3. Oath of Members

§18-5-4. Meetings; Employment and Assignment of Teachers; Budget Hearing; Compensation of Members; Affiliation With State and National Associations

§18-5-5. Corporate Character and General Powers of Board; Exemption of School Property From Legal Process and Taxes

§18-5-6. Validation of Titles to Land in Possession of Board

§18-5-7. Sale of School Property at Public Auction; Rights of Grantor of Lands in Rural Communities; Oil and Gas Leases; Disposition of Proceeds; Lease of School Property

§18-5-7a. Disposition of School Property in Flood Control Projects

§18-5-7b. Charitable or Community Use of Unneeded Buildings

§18-5-8. Condemnation of Land Necessary for Educational Purposes

§18-5-9. Schoolhouses, Buildings and Equipment; Health of Pupils; Repairs; Medical and Dental Clinics

§18-5-9a. Energy-Savings Contracts

§18-5-9b. Implementation of the Integrated Pest Management Program

§18-5-10. Approval by State Board of Plans and Specifications for Buildings

§18-5-11. Joint Establishment of Schools

§18-5-11a. Joint Governing Partnership Board Pilot Initiative

§18-5-12. Bond of Contractors

§18-5-13. Authority of Boards Generally

§18-5-13a. School Closing or Consolidation

§18-5-13b. County Superintendents’ Advisory Council, Purpose, Reports

§18-5-13c. Educational Services Cooperatives; Purpose; Establishment; Governance; Authorized Functions and Services

§18-5-13d. Use of School Facilities for Funeral and Memorial Services

§18-5-14. Policies to Promote School Board Effectiveness

§18-5-15. Ages of Persons to Whom Schools Are Open; Enrollment of Suspended or Expelled Student

§18-5-15a. Study of Multicultural Education for School Personnel

§18-5-15b. Pledge of Allegiance to the Flag

§18-5-15c. County Boards of Education; Training in Prevention of Child Abuse and Neglect and Child Assault; Regulations; Funding

§18-5-15d. In-Service Training Programs in the Prevention, Transmission, Spread and Treatment of Acquired Immune Deficiency Syndrome; Parent Attendance

§18-5-15f. Affirmation Regarding the Suspension or Expulsion of a Pupil From School

§18-5-15g. Vocational Education Classes for Homeschooled and Private Schooled Students

§18-5-16. Student Transfers; Definitions; Appeals; Calculating Net Enrollment; Fees for Transfer

§18-5-16a. Authorization to Transfer Pupils From One District to Another; Mandatory Transfer; Payment of Tuition; Net Enrollment

§18-5-17. Compulsory Preenrollment Hearing, Vision and Speech and Language Testing; Developmental Screening for Children Under Compulsory School Age

§18-5-18. Kindergarten Programs

§18-5-18a. Maximum Teacher-Pupil Ratio

§18-5-18b. School Counselors in Public Schools

§18-5-18c. Early Childhood Programs; Eligibility and Standards for Placement; Guidelines and Criteria

§18-5-18e. Study of Limits on the Number of Pupils per Teacher in a Classroom in Elementary and Middle Schools

§18-5-19. Night Schools and Other School Extension Activities; Use of School Property for Public Meetings, etc.

§18-5-19a. Special Classes for War Veterans; Authority of County Boards to Contract Therefor and to Receive Assistance

§18-5-19b. Adult Education Classes and Programs; Tuition and Student Assistance Loans; Authority of County Boards to Contract With Federal Agencies

§18-5-19c. Division of Technical and Adult Education Services

§18-5-19d. Conditional Immunity From Liability for Community Activities; Liability Insurance; Authority of State Board of Risk and Insurance Management

§18-5-20. School Libraries; Librarian

§18-5-21. Free Textbooks

§18-5-21a. Textbooks to Be Furnished Pupils Whose Parents Are Unable to Provide Same

§18-5-21b. Textbooks May Be Furnished to Pupils in Private Schools Whose Parents Are Unable to Provide Same

§18-5-21c. Distribution of Free Textbook Funds; Determination of Amount County Shall Receive

§18-5-21d. &Quot;free Textbook Account"; Use of Surplus; Order of Preference in Providing Free Textbooks; Purchase of Library Books, Supplementary Materials, and Used Textbooks

§18-5-21e. Rules and Regulations for Care, Distribution and Use of Free Textbooks; Reports by County Boards; Funds May Be Withheld From County for Violation of Rules

§18-5-22. Medical and Dental Inspection; School Nurses; Specialized Health Procedures; Establishment of Council of School Nurses

§18-5-22a. Policy for the Administration of Medications

§18-5-22b. Providing for Self-Administration of Asthma Medication; Definitions; Conditions; Indemnity From Liability; Rules

§18-5-22c. Providing for the Maintenance and Use of Epinephrine Auto-Injectors; Administration of Injections; Notice; Indemnity From Liability; Rules

§18-5-22d. Providing for the Maintenance and Use of Opioid Antagonist; Administration; Notice; Indemnity From Liability; Rules

§18-5-23. Dental Clinics and Treatment

§18-5-24. Purchase and Display of United States Flag; Penalty for Failure to Display

§18-5-25. Duties of Superintendent as Secretary of Board

§18-5-26. School Buildings as Child Care Facilities

§18-5-27. Parental Right to Inspect Instructional Materials; Listing Books on Syllabus; Right to File Complaint

§18-5-32. Assistant Superintendents; Directors and Supervisors of Instruction and Other Educational Activities

§18-5-33. Board May Fix Special Salary Schedules

§18-5-34. Other Authority and Duties of District Boards

§18-5-35. Group Insurance

§18-5-36. Payment for Fire Services on Public School Property

§18-5-36a. Authority to Offer Rewards

§18-5-39. Establishment of Summer School Programs; Tuition

§18-5-41. Content Based Censorship of American History Prohibited

§18-5-42. County-Wide Council on Productive and Safe Schools

§18-5-43. Duty of the County Board of Education to Report the County-Wide Productive and Safe School Plans to the West Virginia Board of Education

§18-5-44. Early Childhood Education Programs

§18-5-45. School Calendar

§18-5-45a. Legislative Findings; Time Lost Due to Work Stoppage or Strike; Effect on Pay and Extracurricular Activities; Closure of Schools Due to Work Stoppage or Strike Prohibited

§18-5-46. Requiring Teacher to Change Grade Prohibited; Teacher Recommendation Relating to Promotion

§18-5-47. County Board Flood Insurance Requirements

§18-5-48. Safety and Security Measures for School Facilities; Safe Schools Fund Created

§18-5-49. County Board Exceptional Needs Expenditures From Surplus Funds