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Article 1. Definitions; Limitations of Chapter; Goals Foreducation
§18-1-1. Definitions - The following words used in this chapter and in any...
§18-1-2. School Year - The school year shall begin on July 1, and end...
§18-1-3. Scope of School District; Abolition of Magisterial School Districts, etc., and Independent Districts - A school district shall include all the territory in one...
§18-1-4. Vision 2020: An Education Blueprint for Two Thousand Twenty - (a) This section, together with section one-a, article one, chapter...
Article 2. State Board of Education
§18-2-1. Creation; Composition; Appointment, Qualifications, Terms and Removal of Members; Offices - There is a State Board of Education, to be known...
§18-2-3. Meetings; Compensation and Expenses of Members - The state board shall hold at least six meetings in...
§18-2-4. Organization; Appointment, Compensation and Duties of Secretary - At its first regular meeting in every year the state...
§18-2-5. Powers and Duties Generally; Specific Powers and Duties for Alternatives That Improve Student Learning - (a) Subject to and in conformity with the Constitution and...
§18-2-5a. Board Rules to Be Filed With Legislature - The State Board of Education shall file a copy of...
§18-2-5b. Medicaid-Eligible Children; School Health Services Advisory Committee - (a) The state board shall become a Medicaid provider and...
§18-2-5c. Birth Certificate Required Upon Admission to Public School; Required Notice to Local Law-Enforcement Agency of Missing Children - (a) No pupil shall be admitted for the first time...
§18-2-5d. Duty of Board to Report Guidelines for Productive and Safe Schools - [Repealed.]
§18-2-5e. Higher Education Participation in Development and Use of Public Education Assessments - (a) It is the duty of the state board to...
§18-2-5f. Use of Student Social Security Numbers - (a) Restrictions on use of student social security numbers. --...
§18-2-5h. Student Data Accessibility, Transparency and Accountability Act - (a) Title. -- This section shall be known and may...
§18-2-6. Classification and Standardization of Schools; Standards for Degrees and Diplomas; Certificates of Proficiency; Establishment of Alternative Education Programs - (a) The state board shall promulgate rules for the accreditation,...
§18-2-6a. Sale of Healthy Beverages and Soft Drinks in Schools - (a) In order to generate funding for necessary programs and...
§18-2-6b. General Educational Development (Ged) Diploma; Legislative Findings and Intent; Examination Costs; Testing Materials and Procedures; Report Required - (a) The Legislature makes the following findings related to the...
§18-2-7. Courses of Study; Language of Instruction - The state Board of Education shall prescribe minimum standards in...
§18-2-7a. Legislative Findings; Required Physical Education; Program in Physical Fitness - (a) The Legislature hereby finds that obesity is a problem...
§18-2-7b. Programs in Drug Prevention and Violence Reduction - (a) In order for the schools to become healthy learning...
§18-2-7c. Program in Personal Finance - (a) The Legislature finds and declares that persons with an...
§18-2-7d. Program in Workforce Preparedness - (a) The Legislature finds that, in addition to specialized skills...
§18-2-7e. Business and Community Partnerships for Improving Student Engagement and Preparation; Roles of School District Leadership and Local School Improvement Councils; Future-Ready Graduate Profile - (a) The purpose of this section is to complement the...
§18-2-7f. Alternative Educational Opportunities for Elective Course Credit - (a) The Legislature finds and declares that: (1) Programs outside...
§18-2-8. Course of Study in Fire Prevention - The state Board of Education shall, with the advice of...
§18-2-8a. Hunter Safety Orientation Program - (a) The Legislature finds that: (1) Firearms and hunting are...
§18-2-8b. West Virginia Remembers Program; Rulemaking - (a) There is hereby created the "West Virginia Remembers Program"...
§18-2-9. Required Courses of Instruction - (a) (1) In all public, private, parochial, and denominational schools...
§18-2-9a. Elective Courses of Instruction on the Bible - (a) County boards of education may offer to students in...
§18-2-10. Certificates and Awards - The State Board shall promulgate rules and shall determine the...
§18-2-11. Sabbatical Leaves for Teachers and Certain Aides - (a) The state board shall by December 1, 1988, establish...
§18-2-12. Computer Science Courses of Instruction; Learning Standards; State Board Plan Development - (a) Legislative findings: (1) Computer technology increasingly is pervasive in...
§18-2-13. Character Education Integration - (a) The state board shall establish a comprehensive approach to...
§18-2-13a. Control of Property and Business Affairs of State Educational Institutions - The control of the financial, business and all other affairs...
§18-2-13b. Additional Authority of State Board of Education Concerning Revenue Bonds for Dormitories, Homes or Refectories - [Repealed.]
§18-2-13c. Payroll Deductions for Employees' Participation in Group Insurance Plans - Whenever any employees of the West Virginia Board of Education...
§18-2-13d. Marshall University - Notwithstanding any other provision of law, the state educational institution...
§18-2-13e. Transfer of Property for the Use of Marshall University - On and after July 1, 1961, supervision and control of...
§18-2-13f. Responsibility for Administration and Provision of Educational Services in State Correctional Institutions - The state board is responsible for the administration of programs...
§18-2-13g. Procedure for Contracting With Insurers; Licensing of Insurer; Exemption of Certain Insurers From Premium and Annuity Taxes - In contracting for the group insurance provided for in section...
§18-2-13h. Provision of Educational Services for School-Age Juveniles Placed in Residential Facilities for Custody and Treatment - (a) The state Board of Education and the Department of...
§18-2-14. Reports by State Board of Education, State Commissioner of Public Institutions, and Chief Officers of State Educational Institutions to Auditor - The state Board of Education and the state commissioner of...
§18-2-16. Establishment and Operation of State Camp and Conference Center; Rental Thereof; Expenditures; Gifts and Donations; County Court May Erect and Equip Buildings - For the purpose of developing competent leadership, developing character, training...
§18-2-16a. Construction of Buildings and Recreational Facilities at State Camp and Conference Center; Charges for Use; Financing by Revenue Bonds or Notes Permissible; Trustee for Holders of Bonds or Notes; Contents of Trust Agreement - The West Virginia Board of Education is hereby authorized to...
§18-2-16b. State Camp and Conference Center; Property Transferred; Powers and Duties of Commissioner of Agriculture - (a) Effective July 1, 2016, the state camp and conference...
§18-2-24. Collaboration of State Institutions of Higher Education Having a Teacher Preparation Program With the Center for Professional Development, State Board and the Regional Education Service Agencies - [Repealed]
§18-2-25. Authority of County Boards to Regulate Athletic and Other Extracurricular Activities of Secondary Schools; Delegation of Authority to West Virginia Secondary School Activities Commission; Authority of Commission; Approval of Rules by State... - The county boards of education shall exercise the control, supervision...
§18-2-25a. Management of Concussions and Head Injuries in Athletics at West Virginia Secondary School Activities Commission Member High School or Middle School - (a) The Legislature makes the following findings: (1) Concussions are...
§18-2-25b. Emergency Action Plans for Athletics - (a) No later than August 1, 2017, the West Virginia...
§18-2-25c. Defibrillator Required at Certain Events - (a) In memory of Alex Miller, a Roane County football...
§18-2-25d. Clarifying Participation for Sports Events to Be Based on Biological Sex of the Athlete at Birth - (a) The Legislature hereby finds: (1) There are inherent differences...
§18-2-26. Abolishment and Transition of Regional Education Service Agencies - (a) The regional education service agencies previously established by this...
§18-2-27. Authority to Contract for Programs, Services and Facilities - The state Board of Education is authorized and empowered to...
§18-2-29. Competitive Grant Program for Selected Schools and School Districts - [Repealed.]
§18-2-32. Posthumous High School Diplomas - (a) This section shall be known as "Todd's Law". (b)...
§18-2-33. Rules for Antihazing - (a) The Legislature hereby finds that hazing has become a...
§18-2-34. High School Diplomas for Surviving Veterans of World War II, the Korean War, and the Vietnam Conflict - (a) Notwithstanding any provision of this code to the contrary,...
§18-2-35. Dress Codes Requiring School Uniforms for Students - [Repealed.]
§18-2-36. Framework for Initiating Comprehensive Transformation of School Leadership - (a) Legislative findings.-- (1) The report and recommendations of Imagine...
§18-2-39. College and Career Readiness Initiative - (a) The Legislature finds that: (1) According to ACT, only...
§18-2-40. Suicide Prevention Awareness Training; Dissemination of Information - (a)(1) Legislative findings. — The Legislature recognizes that the state...
§18-2-40a. Education on and Prevention of Self-Harm Behavior and Eating Disorders - (a) This section shall be known and cited as "Meghans...
§18-2-41. Education and Prevention of the Sexual Abuse of Children - (a) Education of children in grades K-12 — Beginning July...
§18-2-42. Providing Career and Technical Education Program Information to Students and Parents; Transcript of Post-Secondary Credit; Career Technical Education Student Participation in Graduation Ceremony - (a) The State Board of Education, the Council for Community...
§18-2-43. Addressing Disciplinary Action in West Virginia Schools - (a) The Department of Education shall analyze statewide data collected...
Article 2A. Adoption of Textbooks, Instructional Materials and Learning Technologies
§18-2A-1. Definition; Adoption Groups; Adoption Schedule - (a) "Instructional Resources" include print materials, electronic resources and systems,...
§18-2A-2. Request for Samples and Bids; Deposit by Bidder; Selection, Approval and Publication of Multiple List - (a) Prior to each adoption year, and not later than...
§18-2A-3. Disposition of and Requests for Samples - (a) Items to be reviewed in excess of the official...
§18-2A-4. Execution of Contracts; Bond - (a) When the selection and approval of the multiple list...
§18-2A-5. Selection by County Boards; School Curriculum Teams - (a) Vendors, upon requests of county superintendents, shall furnish to...
§18-2A-6. Retail Prices; Limitation on Profit; Violation; Penalty - It shall be the duty of the state board to...
§18-2A-7. Exchange Privilege; Use of Supplementary Items; State-Approved Depositories Authorized - Contractors shall arrange for the exchange of items, allowing pupils...
§18-2A-8. Instructional Resources Must Be Approved and Listed; When Changes May Be Effected; Rules - (a) No instructional resource, print or electronic, may be used...
§18-2A-9. Gifts and Bribes to Influence Adoption of Instructional Resources a Felony; Penalty - Any member of the state board, any county superintendent, any...
§18-2A-10. Transition to System of Instructional Resources Adoption at County Board Level - (a) The purpose of this section is to provide for...
Article 2B. Area Vocational Program
§18-2B-1. Aims and Purposes of Program; Areas Where Available - The aims and purposes of the area vocational educational program...
§18-2B-2. Authority to Establish Programs, etc.; Division of Vocational Education Established; Rules; Director - (a) The State Board may establish, operate and maintain area...
§18-2B-2a. Withdrawal From Multicounty Vocational Center Prohibited - Any county which participates in the operation of a multicounty...
§18-2B-3. Area Vocational Education Program Funds - There is hereby established a fund to be known as...
§18-2B-4. Expenditure of Funds; Title to Property - The State Board may expend the area vocational education program...
§18-2B-5. Title to Property - Title to any property, equipment, tools, furniture or instructional materials...
§18-2B-7. Transportation of Students - The State Board may pay for the transportation of any...
§18-2B-8. Consulting Committees - The director of vocational education may appoint a consulting committee...
Article 2C. Harassment, Intimidation or Bullying Prohibition
§18-2C-1. Legislative Findings - The Legislature finds that a safe and civil environment in...
§18-2C-2. Definitions - (a) As used in this article, "harassment, intimidation or bullying"...
§18-2C-3. Policy Prohibiting Harassment, Intimidation or Bullying - (a) Each county board shall establish a policy prohibiting harassment,...
§18-2C-4. Immunity - A school employee, student or volunteer is individually immune from...
§18-2C-5. Policy Training and Education - (a) Schools and county boards are encouraged, but not required,...
§18-2C-6. Liability - Except as provided in section four of this article, nothing...
Article 2D. Community Education
§18-2D-1. Legislative Findings and Purpose - The Legislature hereby finds and declares that the public school...
§18-2D-2. Definition - For the purpose of this article "community education" means a...
§18-2D-3. Implementation and Operation of Programs - The state Board of Education shall promote the implementation and...
§18-2D-4. County Boards of Education Authorized to Participate - Each county board of education in this state is hereby...
Article 2E. High Quality Educational Programs
§18-2E-1. Legislative Purpose - The purpose of this article is to provide for the...
§18-2E-1a. Standards, Assessment and Accountability Programs; Duties of the State Board - (a) Prior to adoption or revision of academic standards in...
§18-2E-2. National Assessment of Educational Progress Program Testing - Beginning in the school year one thousand nine hundred ninety--ninety-one,...
§18-2E-3a. Honors and Advanced Placement Programs - (a) The purpose of this section is to provide honors...
§18-2E-3b. Placement Advisory Committee Established - Gifted students in grades nine through twelve may be served...
§18-2E-3f. Building the Basics Early Childhood Curriculum; Legislative Findings; State Board Rule - (a) Legislative findings. -– The Legislature makes the following findings:...
§18-2E-4. Better Schools Accountability; School, School District and Statewide School Report Cards - (a) For the purpose of providing information to the parents...
§18-2E-4a. Exception to Requirement of Mailing School Report Cards - [Repealed.]
§18-2E-5. Process for Improving Education; Education Standards; Statewide Assessment Program; Accountability Measures; Office of Education Performance Audits; School Accreditation and School System Approval; Intervention to Correct Low Performance - (a) Legislative findings, purpose and intent. — The Legislature makes...
§18-2E-5a. County Superintendent Employment Contract - (a) The Legislature previously granted authority to the state board...
§18-2E-5d. Standards for the Duration of School Bus Transportation Times for Students to and From School - (a) The high quality standards for transportation adopted by the...
§18-2E-6. Falsifying Reports; Penalty - It shall be unlawful for any person knowingly and intentionally...
§18-2E-7. Providing for Instruction and Learning in All Public Schools - (a) The Legislature finds that: (1) The knowledge and skills...
§18-2E-8. Creating Jobs Through Education - (a) Findings and intent. -- The Legislature finds that the...
§18-2E-8a. Electronic Portfolio Repealed - Notwithstanding the provisions of subsections (i) and (j), section eight...
§18-2E-8c. The &Quot;robert C. Beach" Vocational Agriculture Credit - (a) The Legislature finds that vocational agriculture curriculum plays a...
§18-2E-8d. Further Expressions of Legislative Intent With Respect to This Article; Parental Consent for Substitute Classes - (a) The Legislature finds that many school systems are improving...
§18-2E-8e. Veteran's Honors Funeral Assistant Community Service Program - (a) Findings. -- The Legislature makes the following findings: (1)...
§18-2E-8f. Creating the &Quot;west Virginia Remembers Program;" Rules - (a) There is hereby created the "West Virginia Remembers Program."...
§18-2E-8g. Creating Successful Careers Through Agricultural Education - (a) Findings and intent. — The Legislature finds that through...
§18-2E-9. West Virginia Virtual School - (a) Findings: -- The Legislature finds that: (1) West Virginia...
§18-2E-10. Transformative System of Support for Early Literacy - (a) The Legislature finds that: (1) In the early learning...
§18-2E-11. Advanced Career Education - (a) The Legislature hereby makes the following findings: (1) Preparing...
§18-2E-11a. Nursing Career Pathway - (a) The Legislature finds that: (1) There are numerous reports...
§18-2E-12. Mountain State Digital Literacy Project - (a) Beginning for the school year 2020-2021, the state board...
Article 2H. Public Notice and Participation in State-Mandated Educational Reform
§18-2H-1. Legislative Findings - The Legislature hereby finds and declares that, while an educated...
§18-2H-2. Notice, Written Comments and Public Hearing - Prior to the adoption or implementation of any state-mandated education...
§18-2H-3. Procedures for Hearings and Public Participation - (a) Prior to the implementation of any state-mandated educational reform...
§18-2H-4. Impact of Public Participation - The extent of additional information received by the state board...
Article 2I. Professional Development
§18-2I-1. Professional Development Coordination and Delivery; System Goals - The purpose of this article is to establish clear state-level...
§18-2I-2. Legislative Findings - The Legislature finds: (1) That high-quality professional development is critical...
§18-2I-4. Coordination, Development and Evaluation of Professional Development Programs - (a) On or before November 1, 2018, the state board...
§18-2I-5. Strategic Staff Development Fund - (a) There is created an account within the state board...
Article 2K. The Diabetes Care Plan Act
§18-2K-1. Title of Article - This article shall be known as "The Diabetes Care Plan...
§18-2K-2. Adoption of Guidelines for Individual Diabetes Care Plans - (a) The State Board of Education shall adopt guidelines for...
§18-2K-3. Establishment and Implementation of Diabetes Care Plans by County Boards to Support and Assist Students With Diabetes - Each county board of education shall establish and adopt a...
§18-2K-4. Progress Report to the Legislature - The State Board of Education shall report no later than...
Article 3. State Superintendent of Schools
§18-3-1. Appointment; Qualifications; Compensation; Traveling Expenses; Office and Residence; Evaluation - There shall be appointed by the state board a State...
§18-3-2. Seal; Requisitions on Auditor for Money - The State Superintendent of Schools shall provide a seal for...
§18-3-3. General Supervision of Schools - The State Superintendent of Schools shall have general supervision of...
§18-3-4. Proceedings to Enforce School Laws; Examination and Fees of Witnesses; Removal of School Officials - The State Superintendent of Schools shall cause to be instituted...
§18-3-5. Conferences of School Superintendents - The State Superintendent of Schools shall have the authority to...
§18-3-6. Interpretation of School Laws and Rules of State Board of Education - At the request in writing of any citizen, teacher, school...
§18-3-7. Preparation, Printing and Distribution of State Manuals and Other Publications; Maintenance of Minimum Standards; Examination of Pupils - From time to time, as may be necessary, the state...
§18-3-8. Report of State Superintendent - On or before November 1, preceding each regular session of...
§18-3-9. State Department of Education - For carrying into effect the provisions of this chapter, the...
§18-3-9a. Authority of State Superintendent as to Fire Hazards and Safety of Buildings - Whenever any county board shall fail to comply with an...
§18-3-9b. Reduction in Amount Budgeted for Personal Services - [Repealed.]
§18-3-10. Other Powers and Duties of State Superintendent - The State Superintendent of Schools shall exercise such other powers...
§18-3-11. Classification of Schools - The state superintendent shall classify all elementary and secondary schools...
§18-3-12. Special Community Development School Pilot Program - The state superintendent shall establish a Special Community Development School...
§18-3-13. Behavior Interventionist Pilot Program - (a) The Legislature finds that: (1) Behavior problems of special...
Article 4. County Superintendent of Schools
§18-4-1. Election and Term; Interim Superintendent - (a) The county superintendent shall be appointed by the board...
§18-4-2. Qualifications; Health Certificate; Disability; Acting Superintendent - (a) A county superintendent shall hold a professional administrative certificate...
§18-4-3. Removal and Suspension - The board may remove the superintendent from office for official...
§18-4-4. Compensation - On or before June 1 of the year in which...
§18-4-5. Payment of Compensation - The board shall pay the compensation of the superintendent monthly...
§18-4-6. Evaluation of County Superintendent - (a) At least annually, the county board shall evaluate the...
§18-4-7. Office - The board shall provide a suitable office within the county...
§18-4-8. Clerical Assistants; Monthly Salary From Maintenance Fund - The superintendent, with the consent of the board, may appoint...
§18-4-9. Reimbursement for Traveling Expenses; Voucher - The board may reimburse the superintendent from the current expense...
§18-4-10. Duties of County Superintendent - The county superintendent shall: (1) Act as the chief executive...
§18-4-11. Other Powers and Duties - The county superintendent shall: (1) Visit the schools as often...
§18-4-12. Exception to §18-4-4 - [Repealed.]
Article 5. County Board of Education
§18-5-1. Supervision and Control of County School Districts; Number, Nomination and Election of Members - Each county school district shall be under the supervision and...
§18-5-1a. Eligibility of Members; Training Requirements - (a) A person who is a member of a county...
§18-5-1b. Election; Terms of Office - As the terms of county school board members who presently...
§18-5-1c. Organization of Board; Evaluation - (a) On the first Monday of July, following each biennial...
§18-5-2. Filling Vacancies - (a) The board shall, by appointment, fill within forty-five days...
§18-5-3. Oath of Members - Every board member shall take the oath prescribed by section...
§18-5-4. Meetings; Employment and Assignment of Teachers; Budget Hearing; Compensation of Members; Affiliation With State and National Associations - (a) The county board shall meet upon the dates provided...
§18-5-5. Corporate Character and General Powers of Board; Exemption of School Property From Legal Process and Taxes - The county board of education shall be a corporation by...
§18-5-6. Validation of Titles to Land in Possession of Board - The county board shall have title to any land or...
§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 - (a) Except as set forth in subsection (b) of this...
§18-5-7a. Disposition of School Property in Flood Control Projects - (a) If at any time the board ascertains that any...
§18-5-7b. Charitable or Community Use of Unneeded Buildings - If, in the sound judgment of the board, the needs...
§18-5-8. Condemnation of Land Necessary for Educational Purposes - The board shall purchase by condemnation or otherwise, the land...
§18-5-9. Schoolhouses, Buildings and Equipment; Health of Pupils; Repairs; Medical and Dental Clinics - The board shall provide: (1) By purchase, lease, building or...
§18-5-9a. Energy-Savings Contracts - (a) For the purposes of this section: (1) "Energy-conservation measures"...
§18-5-9b. Implementation of the Integrated Pest Management Program - By August 15, 1995, the board shall implement the integrated...
§18-5-10. Approval by State Board of Plans and Specifications for Buildings - The state board may require all plans and specifications for...
§18-5-11. Joint Establishment of Schools - (a) The boards of two or more adjoining counties may...
§18-5-11a. Joint Governing Partnership Board Pilot Initiative - (a) The Legislature finds that many examples exist across the...
§18-5-12. Bond of Contractors - Boards shall require all persons contracting for the building or...
§18-5-13. Authority of Boards Generally - Subject to the provisions of this chapter and the rules...
§18-5-13a. School Closing or Consolidation - (a) In addition to the provisions of section thirteen of...
§18-5-13b. County Superintendents’ Advisory Council, Purpose, Reports - (a) The County Superintendents’ Advisory Council, (“the Council”) is hereby...
§18-5-13c. Educational Services Cooperatives; Purpose; Establishment; Governance; Authorized Functions and Services - (a) Pursuant to subsection (q), section thirteen of this article,...
§18-5-13d. Use of School Facilities for Funeral and Memorial Services - (a) Public schools in this state serve as an integral...
§18-5-14. Policies to Promote School Board Effectiveness - (a) No later than January, 2020, each county board shall...
§18-5-15. Ages of Persons to Whom Schools Are Open; Enrollment of Suspended or Expelled Student - (a) The public schools shall be open for the full...
§18-5-15a. Study of Multicultural Education for School Personnel - County boards of education shall annually provide a program, during...
§18-5-15b. Pledge of Allegiance to the Flag - Every instructional day in the public schools of this state...
§18-5-15c. County Boards of Education; Training in Prevention of Child Abuse and Neglect and Child Assault; Regulations; Funding - (a) In recognition of the findings of the Legislature as...
§18-5-15d. In-Service Training Programs in the Prevention, Transmission, Spread and Treatment of Acquired Immune Deficiency Syndrome; Parent Attendance - Under guidelines established by the Department of Education in consultation...
§18-5-15f. Affirmation Regarding the Suspension or Expulsion of a Pupil From School - (a) Prior to the admission of a pupil to any...
§18-5-15g. Vocational Education Classes for Homeschooled and Private Schooled Students - County boards of education shall permit students who are homeschooled...
§18-5-16. Student Transfers; Definitions; Appeals; Calculating Net Enrollment; Fees for Transfer - (a) Establishment of attendance zones within counties. The county board...
§18-5-16a. Authorization to Transfer Pupils From One District to Another; Mandatory Transfer; Payment of Tuition; Net Enrollment - (a) The provisions of this section expire effective July 1,...
§18-5-17. Compulsory Preenrollment Hearing, Vision and Speech and Language Testing; Developmental Screening for Children Under Compulsory School Age - (a) All children entering public school for the first time...
§18-5-18. Kindergarten Programs - (a) County boards shall provide kindergarten programs for all children...
§18-5-18a. Maximum Teacher-Pupil Ratio - (a) County boards of education shall provide sufficient personnel, equipment,...
§18-5-18b. School Counselors in Public Schools - (a) A school counselor means a professional educator who holds...
§18-5-18c. Early Childhood Programs; Eligibility and Standards for Placement; Guidelines and Criteria - County boards shall provide by the school year one thousand...
§18-5-18e. Study of Limits on the Number of Pupils per Teacher in a Classroom in Elementary and Middle Schools - [Repealed.]
§18-5-19. Night Schools and Other School Extension Activities; Use of School Property for Public Meetings, etc. - County boards may establish and maintain evening classes or night...
§18-5-19a. Special Classes for War Veterans; Authority of County Boards to Contract Therefor and to Receive Assistance - The Board of Education of any county shall have authority...
§18-5-19b. Adult Education Classes and Programs; Tuition and Student Assistance Loans; Authority of County Boards to Contract With Federal Agencies - (a) The Board of Education of any county shall have...
§18-5-19c. Division of Technical and Adult Education Services - (a) The State Superintendent of Schools has authority to establish...
§18-5-19d. Conditional Immunity From Liability for Community Activities; Liability Insurance; Authority of State Board of Risk and Insurance Management - (a)(1) If the requirements of this subsection are met, the...
§18-5-20. School Libraries; Librarian - The board may provide libraries for its schools and may...
§18-5-21. Free Textbooks - The Board of Education of every county may purchase the...
§18-5-21a. Textbooks to Be Furnished Pupils Whose Parents Are Unable to Provide Same - The Board of Education of every county shall provide the...
§18-5-21b. Textbooks May Be Furnished to Pupils in Private Schools Whose Parents Are Unable to Provide Same - The Board of Education of every county, upon application of...
§18-5-21c. Distribution of Free Textbook Funds; Determination of Amount County Shall Receive - In accordance with the provisions of this act the state...
§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 - The money allocated to a county board of education under...
§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 - The state Board of Education shall have authority to prescribe...
§18-5-22. Medical and Dental Inspection; School Nurses; Specialized Health Procedures; Establishment of Council of School Nurses - (a) County boards shall provide proper medical and dental inspections...
§18-5-22a. Policy for the Administration of Medications - All county boards of education shall develop a specific medication...
§18-5-22b. Providing for Self-Administration of Asthma Medication; Definitions; Conditions; Indemnity From Liability; Rules - (a) For the purposes of this section, the following words...
§18-5-22c. Providing for the Maintenance and Use of Epinephrine Auto-Injectors; Administration of Injections; Notice; Indemnity From Liability; Rules - (a) A public, private, parochial or denominational school located within...
§18-5-22d. Providing for the Maintenance and Use of Opioid Antagonist; Administration; Notice; Indemnity From Liability; Rules - (a) A public, private, parochial or denominational school located within...
§18-5-23. Dental Clinics and Treatment - The Board of Education in any school district or independent...
§18-5-24. Purchase and Display of United States Flag; Penalty for Failure to Display - Boards of education shall purchase United States flags, four by...
§18-5-25. Duties of Superintendent as Secretary of Board - The county superintendent as secretary of the board shall: (1)...
§18-5-26. School Buildings as Child Care Facilities - The Legislature finds that school facilities are suitable for the...
§18-5-27. Parental Right to Inspect Instructional Materials; Listing Books on Syllabus; Right to File Complaint - (a) Each classroom teacher shall comply with the request of...
§18-5-32. Assistant Superintendents; Directors and Supervisors of Instruction and Other Educational Activities - (a) The county board, upon the recommendation of the county...
§18-5-33. Board May Fix Special Salary Schedules - The board may fix special salary schedules for the superintendent,...
§18-5-34. Other Authority and Duties of District Boards - The district Board of Education shall exercise such other authority...
§18-5-35. Group Insurance - Whenever a majority of the full-time instructional and administrative employees...
§18-5-36. Payment for Fire Services on Public School Property - Where a fire company or fire department necessarily renders service...
§18-5-36a. Authority to Offer Rewards - A county board of education shall have the authority to...
§18-5-39. Establishment of Summer School Programs; Tuition - (a) Inasmuch as the present county school facilities for the...
§18-5-41. Content Based Censorship of American History Prohibited - (a) No county board of education shall prohibit the use...
§18-5-42. County-Wide Council on Productive and Safe Schools - (a) On or before April 30, 1995, each county shall...
§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 - [Repealed.]
§18-5-44. Early Childhood Education Programs - (a) For the purposes of this section, an “early childhood...
§18-5-45. School Calendar - (a) As used in this section: (1) “Instructional day” means...
§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 - (a) Legislative findings. (1) The West Virginia Supreme Court of...
§18-5-46. Requiring Teacher to Change Grade Prohibited; Teacher Recommendation Relating to Promotion - (a) No teacher may be required by a principal or...
§18-5-47. County Board Flood Insurance Requirements - (a) Each county board shall maintain flood insurance on each...
§18-5-48. Safety and Security Measures for School Facilities; Safe Schools Fund Created - (a) Each county board of education and multicounty vocational center...
§18-5-49. County Board Exceptional Needs Expenditures From Surplus Funds - Each county board may by policy establish an exceptional needs...
Article 5A. Local School Involvement
§18-5A-1. Intent and Purpose of Article - The intent of this article is to facilitate and encourage...
§18-5A-2. Local School Improvement Councils; Election and Appointment of Members and Officers; Meetings; Required Meetings With County Board; Assistance From State Board - (a) A local school improvement council shall be established at...
§18-5A-2a. Local School Improvement Council Modification for Certain Jointly Established and Across County Schools - (a) For the purposes of this section, "parent" or "parents"...
§18-5A-3. County Board Authority to Designate Innovation Schools; Local School Improvement Council Proposals of Alternatives to Operation of School; Process for Requesting Waivers of Rules, Policies, Interpretations and Statutes to Implement Alternat... - (a) The intent of this section is to encourage and...
§18-5A-3a. Waivers of Statutes Granted to Public Schools Pursuant to Recommendations Submitted by Local School Improvement Councils; Limitations - (a) The Legislature hereby grants a waiver from the statute...
§18-5A-4. State Board to Establish Criteria for Selecting Schools of Excellence; Annual School of Excellence Awards - The state Board of Education shall promulgate rules, in accordance...
§18-5A-5. Public School Faculty Senates Established; Election of Officers; Powers and Duties - (a) There is established at every public school in this...
§18-5A-6. Establishment of School Curriculum Teams; Process for Teacher Collaboration to Improve Learning - (a) There shall be established at each school in the...
Article 5B. School Innovation Zones Act
§18-5B-1. Title - This article shall be known as the "School Innovation Zones...
§18-5B-2. Legislative Findings and Purpose - (a) Legislative findings. -- The Legislature finds that: (1) Decades...
§18-5B-3. School Innovation Zones; Application for Designation; State Board Rule - (a) A school, a group of schools, a subdivision or...
§18-5B-4. Innovation Zones; Required Plans; Plan Approval; State Board Rule - (a) The rule promulgated by the state board pursuant to...
§18-5B-5. Approval of Innovation Zone Plans; Waiver of Statutes, Policies, Rules or Interpretations - (a) Each school, group of schools, subdivision or department of...
§18-5B-6. Employee Approval of Innovation Plan Application and Plan; Transfer of Employees - (a) An employee shall be eligible to vote in accordance...
§18-5B-7. Progress Reviews and Annual Reports - (a) At least annually, the state board or its designated...
§18-5B-8. Teacher Vacancies in an Innovation Zone; Job Postings Exceeding Certain Qualifications and Requirements; Approval of Postings - A school, group of schools, subdivision or department of a...
§18-5B-9. Establishment of New Innovation Zone Schools by State Institutions of Higher Education - (a) A state institution of higher education may establish a...
§18-5B-10. Exceptions to Statutes Granted to Innovation Zones; Limitations - (a) The Legislature hereby grants an exception to the statute...
§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act - (a) Legislative findings, intent and purpose. The Legislature finds that:...
§18-5B-12. School System Collaborative Innovation Zone; Requirements to Qualify; Application for Designation; Required Plans for Innovation Zones; Plan Approval; Waiver of Statutes, Policies, Rules or Interpretations; Progress Reviews and Annual Repo... - (a) The Legislature makes the following findings and expressions of...
§18-5B-13. Innovation School District Act; Legislative Findings, Intent and Purpose; Eligibility; Application; Innovation Plan and Plan Approval; Designation; Waiver of Statutes, Policies, Rules or Interpretations; Exceptions; Progress Reviews and An... - (a) Legislative findings: (1) High school completion is an essential...
§18-5B-14. Termination of Funding for School Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones - No school, group of schools, district, subdivision or department of...
Article 5C. Committee Reorganization and Collaborative Team Waivers
§18-5C-1. Purpose - The purposes of this article are as follows: (1) To...
§18-5C-2. Application to Create or Augment Existing Collaborative Teams; Contents and Approval of Application; Grant of Rule Waivers for Certain School-Level Committees Required by State Board Rule - (a) Request for reorganization. -- A school may submit an...
§18-5C-3. Rulemaking - By October 1, 2010, the state board shall promulgate a...
Article 5D. West Virginia Feed to Achieve Act
§18-5D-1. Short Title - This act shall be known and may be cited as...
§18-5D-2. Legislative Findings; Intent - (a) The Legislature finds and declares that: (1) Every child...
§18-5D-3. School Nutrition Programs - (a) Each county board of education shall establish and operate...
§18-5D-4. Creating Public-Private Partnerships; Creating Nonprofit Foundation or Fund; Audit - (a) The Department of Education and each county board of...
§18-5D-5. Shared Table Initiative - (a) The Legislature finds and determines that: (1) In West...
§18-5D-6. West Virginia Emergency School Food Act - (a) The Legislature finds and declares that: (1) The Feed...
Article 5E. Innovation in Education Act
§18-5E-1. Purpose - The purpose of this act is to encourage and incentivize...
§18-5E-2. Innovation in Education School Defined - (a) An Innovation in Education school is a public school...
§18-5E-3. Application for Innovation in Education School Designation; Application Review and Approval; State Board Rule - (a) The state board may designate a school as a...
§18-5E-4. Innovation in Education Plan; Required Contents; Measurable Annual Performance Goals; Uses - The Innovation in Education Plan for a STEM, community school...
§18-5E-5. Operational Agreement Between Innovation in Education School and County Board - An Innovation in Education school designated by the state board...
§18-5E-6. Evaluation of Innovation in Education Designated Schools - (a) During its third full year of operation the county...
§18-5E-7. Innovation in Education Fund - There is hereby created in the State Treasury a special...
§18-5E-8. Innovation in Education/mastery-Based Schools; Legislative Findings, Purpose and Intent; Definitions; Applicability of Other Provisions; State Board Duties for Implementation; Student Credentials Upon Transfer and Matriculation - (a) The Legislature finds that when instruction is delivered to...
Article 5F. Accessibility and Equity in Public Education Enhancement Act
§18-5F-1. Short Title - This article shall be known and may be cited as...
§18-5F-2. Legislative Findings; Purpose - (a) The Legislature finds and declares that: (1) County school...
§18-5F-3. Definitions - For the purposes of this article, unless a different meaning...
§18-5F-4. County Board Policy Adoption - (a) A county board or a multicounty consortium may create...
§18-5F-5. Compliance With Existing State Law - (a) An eligible student enrolled in a virtual instruction program...
§18-5F-6. Report to Legislative Oversight Commission on Education Accountability - At the end of the first year any virtual instruction...
Article 5G. Public Charter Schools
§18-5G-1. Legislative Purpose and Intent; Liberal Interpretation; Prohibiting Conversion of Private Schools; Prohibiting Profit or Monetary Consideration by Elected Officials; Limiting Authorization of Public Charter Schools; Legislative Auditor Repo... - (a) The purpose of this article is to establish a...
§18-5G-2. Definitions - The following words used in this article and any proceedings...
§18-5G-3. Public Charter School Criteria, Governance Structure and Statutory Compliance Requirements; Applicable Federal and State Laws - (a) Public charter schools authorized pursuant to this article shall...
§18-5G-4. West Virginia Board of Education; Powers and Duties for Implementation, General Supervision and Support of Public Charter Schools - (a) The state board shall consult with nationally recognized charter...
§18-5G-5. State Board Rule Relating to Funding for Public Charter School Enrollment and Other Necessary Provisions; Local Education Agency Status; Authorizer Oversight Fee - (a) The state board shall promulgate a rule pursuant to...
§18-5G-6. Authorizer Powers and Duties - (a) Each authorizing authority is responsible for exercising in accordance...
§18-5G-7. Public Charter School Governing Board - a) To ensure compliance with this article, a public charter...
§18-5G-8. Application to Establish Public Charter School - (a) To establish a new public charter school, to convert...
§18-5G-9. Charter Contract Requirements; Term of Contract - (a) Within 90 days of the approval of a charter...
§18-5G-10. Charter Contract Renewal; Performance Report by Authorizer and Renewal Guidance; Renewal Application; Renewal Term; Nonrenewal; Closure and Dissolution - (a) No later than June 30 of a public charter...
§18-5G-11. Public Charter School Students; Enrollment and Eligibility; Enrollment Preferences; Random Selection Lottery; Enrollment Discrimination Prohibited; Credit Transfers; Participation in Interscholastic Sports - (a) Public charter schools are open for enrollment to all...
§18-5G-12. Access to Public Facilities - (a) A public charter school may request usage of public...
§18-5G-13. Appeal of Authorizer S Decision to West Virginia Board of Education - (a) A charter applicant or governing board of an existing...
§18-5G-14. Virtual Public Charter Schools - (a) Virtual public charter schools may be authorized pursuant to...
§18-5G-15. West Virginia Professional Charter School Board; Members; Appointments; Meetings - (a) There is hereby created the West Virginia Professional Charter...
§18-5G-16. Charter Contract and Enrollment Application Deadlines for Schools Opening in 2022, Only - Notwithstanding any provision of law to the contrary, for public...
Article 6. Driver Education
§18-6-1. Purpose and Objectives of Article - The purpose of this article is to ensure that every...
§18-6-2. Where Provided; Permit or Certificate for Persons Who Are Not Professional Educators to Teach Course - (a) There shall be offered in all public secondary schools...
§18-6-3. State Board to Establish Minimum Course Standards; Students With Mental or Physical Defects; Minimum Standards Specified - (a) The state Board of Education shall establish minimum standards...
§18-6-4. Rules - In accordance with article three-b, chapter twenty-nine-a of this code,...
§18-6-5. Establishment and Maintenance of Driver Education Course; Who May Enroll; Exemption From Learner's Permit Requirement; Nonpermit Student Drivers - The State Superintendent shall promote and direct the establishment and...
§18-6-6. Expenditure of School Funds for Driver Education Courses; Appropriations - County boards of education, subject to the rules and regulations...
§18-6-7. Automobile Liability Insurance Covering Vehicles Used in Driver Education - County boards of education shall procure or require automobile liability...
§18-6-8. Driver Education Course to Be Made Available to All Secondary School Pupils Prior to Their Graduation; Exemption; Application by Pupil for Unrestricted Operator's License - Before any pupil graduates from a secondary school, he or...
Article 7A. State Teachers Retirement System
§18-7A-1. Establishment of Retirement System - A retirement system to be known as the "state Teachers...
§18-7A-2. Supplemental Benefits - Nothing in this article shall be construed to preclude any...
§18-7A-2a. Governing Boards of Educational Institutions Authorized to Pay Supplemental Retirement Benefits - The governing boards of state educational institutions shall have authority...
§18-7A-3. Definitions - As used in this article, unless the context clearly requires...
§18-7A-3a. Federal Qualification Requirements - The retirement system is intended to meet the federal qualification...
§18-7A-4. Teachers Retirement Board - The general administration and the management of the retirement system...
§18-7A-11. Records; Actuarial Data; Tables; Specification of Actuarial Assumptions - The retirement board shall maintain an individual account with each...
§18-7A-12. Reports by Retirement Board - At such times as the retirement board may deem it...
§18-7A-13. Membership in Retirement System; Cessation of Membership; Reinstatement of Withdrawn Service - The membership of the retirement system shall consist of the...
§18-7A-13a. Resumption of Service by Retired Teachers - (a) For the purpose of this section, reemployment of a...
§18-7A-13b. Option of Certain Present Members to Elect Between State and Federal Retirement Systems; Payment of Contributions to Federal System - Notwithstanding any other provision of this article to the contrary,...
§18-7A-14. Contributions by Members; Contributions by Employers; Forfeitures - (a) At the end of each month every member of...
§18-7A-14a. Options of Certain Members to Elect Between State Teachers Retirement System, a Combination of That System and a Supplemental Retirement System, and a Retirement Plan Other Than the State Teachers Retirement System - Notwithstanding any other provisions of this article to the contrary,...
§18-7A-14b. Members' Option to Make Contributions for Periods of Temporary Total Disability - Any member who was absent from work while receiving temporary...
§18-7A-14c. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...
§18-7A-15. Collection of Membership Contributions - Each employer shall each month deduct six percent from the...
§18-7A-16. Transfer of Appropriations - The retirement board, on receipt of contributions from teachers deducted...
§18-7A-17. Statement and Computation of Teachers' Service - (a) Under rules adopted by the retirement board, each teacher...
§18-7A-17a. Qualified Military Service - (a) Except as provided in subsection (b) of this section,...
§18-7A-17b. Military Service Credit for Members of the West Virginia National Guard - (a)(1) The Legislature recognizes the men and women who have...
§18-7A-18. Teachers Retirement System Fund; Transfers - (a) There is hereby created in the State Treasury a...
§18-7A-18a. Calculation of Allocation to Teachers Retirement System Fund - (a) There shall be an annual allocation from the State...
§18-7A-19. Custody of Funds; Disbursements; Bond of Custodian; Annual Statement - The State Treasurer shall be the custodian of the funds...
§18-7A-20. Investment of Funds - The members of the retirement board shall be the trustees...
§18-7A-21. Misuse of Funds; Penalties - No member nor employee of the retirement board, for himself...
§18-7A-22. Persons Eligible for Prior Service Pensions - The following shall be eligible for prior service pensions: (a)...
§18-7A-23. Withdrawal and Death Benefits - (a) Benefits upon withdrawal from service prior to retirement under...
§18-7A-23a. Terminal Benefits - (a) This section provides for the payment of the balance...
§18-7A-25. Eligibility for Retirement Allowance - (a) Except for a person who first becomes a member...
§18-7A-25a. Prohibited Forced Retirement of College and University Professors - As of the effective date of this section, no person...
§18-7A-25b. Withdrawal and Eligibility for Retirement Allowance for a Person Who First Becomes a Member of the Retirement System on or After July 1, 2015 - (a) A person who first becomes a member of the...
§18-7A-26. Computation of Annuities - (a) Retirants whose annuities were approved by the retirement board...
§18-7A-26a. Additional Benefits for Certain Annuitants - Annuitants whose annuities were approved by the retirement board on...
§18-7A-26b. Supplemental Benefits for Certain Annuitants - As an additional supplement to other retirement allowances provided, each...
§18-7A-26c. Supplemental Benefits for Certain Annuitants - As an additional supplement to other retirement allowances provided, each...
§18-7A-26d. Supplemental Benefits for Certain Annuitants - As an additional supplement to other retirement allowances provided, each...
§18-7A-26e. Supplemental Benefits to Certain Annuitants - (a) An annuitant whose annuity was approved by the board...
§18-7A-26f. Supplemental Benefits for Certain Annuitants - As an additional supplement to other retirement allowances provided, each...
§18-7A-26g. Supplemental Benefits for Certain Annuitants - From an appropriation of General Revenue Funds made annually by...
§18-7A-26h. Supplemental Benefits for Certain Annuitants - Any annuitant who is receiving a retirement annuity of less...
§18-7A-26i. Supplemental Benefits for Retired Teachers - Beginning on January 1, 1991, any annuitant who is receiving...
§18-7A-26j. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1981 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26k. Supplemental Benefits for Certain Teachers Who Retired Between July 1, 1981, and July 1, 1982 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26l. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1982 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26m. Supplemental Benefits for Certain Teachers - (a) As an additional supplement to other retirement allowances provided,...
§18-7A-26n. Supplemental Benefits for Certain Teachers Who Retired on or After July 1, 1984, but Prior to July 1, 1986 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26o. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1986 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26p. Supplemental Benefits for Certain Teachers Who Retired on or After July 1, 1986, but Prior to April 1, 1988 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26q. Supplemental Benefits for Certain Teachers Who Retired Prior to April 1, 1988 - As an additional supplement to other retirement allowances provided, each...
§18-7A-26r. Minimum Benefit for Certain Retired Members; Legislative Declaration; State Interest and Public Purpose - The Legislature hereby finds and declares that an important state...
§18-7A-26s. One-Time Supplement for Certain Annuitants Effective July 1, 2001 - (a) A one-time supplement to retirement benefits shall be provided...
§18-7A-26t. One-Time Supplement for Certain Annuitants Effective July 1, 2006 - (a) A one-time supplement to retirement benefits of three percent...
§18-7A-26u. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2008 - (a) As an additional bonus payment to other retirement allowances...
§18-7A-26v. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2011 - (a) As an additional bonus payment to other retirement allowances...
§18-7A-26w. Minimum Benefit for Certain Retired Members - (a) If the retirement annuity of a retirant (or applicable...
§18-7A-27. Regular Interest - Regular interest shall be added to all sums, except for...
§18-7A-28. Options to Beneficiaries; Change of Certain Options Because of Divorce or Annulment; Limitation on Recalculated Monthly Benefits - The retirement board is hereby authorized to offer plans, optional...
§18-7A-28a. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...
§18-7A-28b. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...
§18-7A-28c. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...
§18-7A-28d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions - (a) This section applies to rollovers and transfers as specified...
§18-7A-28e. Limitations on Benefit Increases - (a) The state shall not increase any existing benefits or...
§18-7A-29. Fraud; Penalties - Any person who shall knowingly make any false statement or...
§18-7A-30. Exemption From Taxation, Garnishment and Other Process; Exception for Qualified Domestic Relations Order - The moneys in the various funds and the right of...
§18-7A-31. Unexpended Funds Under Prior Appropriations - Any unexpended funds for teachers' retirement benefits, which were appropriated...
§18-7A-32. Inconsistent Acts Repealed - All previous acts and parts of acts inconsistent with this...
§18-7A-33. Constitutionality - If any part of this article is declared unconstitutional, it...
§18-7A-34. Loans to Members - (a) An actively contributing member of the retirement system upon...
§18-7A-35. Coverage for Nonteaching Employees; Prior Service Credit - (a) Nonteaching employees shall mean all persons, except teachers, regularly...
§18-7A-35a. Prior Service Credit for Former Members of the State Teachers Retirement System Employed in a Nonteaching Capacity - Any former member of the state Teachers Retirement System who...
§18-7A-35b. Temporary Early Retirement Incentives Program; Legislative Declarations and Findings; Termination Date - Under the prior enactment of this section, the Legislature found...
§18-7A-35c. Termination of Benefits; Procedure - Whenever the board determines that (1) any person has knowingly...
§18-7A-36. Joint Study of State Retirement Systems; Report to Joint Committee on Government and Finance by Specified Date of Study Conclusions - [Repealed.]
§18-7A-37. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...
§18-7A-38. Maximum Number of Days a Retired Teacher May Accept Employment; Calculating Days Worked for Retirants Engaged in Substitute Teaching - (a) The Legislature finds that: (1) The Consolidated Public Retirement...
§18-7A-39. Employee Pension and Health Care Benefits Fund - (a) There is hereby created in the state Treasury a...
§18-7A-40. Higher Education Employees - Nothing in this article or article seven-b of this chapter...
Article 7B. Teachers' Defined Contribution Retirement System
§18-7B-1. Short Title - This article shall be known and may be cited as...
§18-7B-2. Definitions - As used in this article, unless the context clearly requires...
§18-7B-3. Defined Contribution Retirement System Created and Established; Body Corporate - The teachers' defined contribution retirement system is hereby created and...
§18-7B-4. Article to Be Liberally Construed; Purpose; Federal Qualification Requirements - The provisions of this article shall be liberally construed so...
§18-7B-5. Administration of the Teachers' Defined Contribution Retirement System - The Consolidated Public Retirement Board created pursuant to article ten-d,...
§18-7B-6. Powers and Duties of the Consolidated Board in the Administration of the Defined Contribution System - The board has all powers necessary to effectuate the purposes...
§18-7B-7. Participation in Teachers' Defined Contribution Retirement System; Limiting Participation in Existing Teachers Retirement System - (a) Beginning July 1, 1991, and except as provided in...
§18-7B-7a. Plan Closed to Persons Employed for the First Time After June, 2005; Former Employees - The retirement system created and established in this article shall...
§18-7B-8. Voluntary Participation in System; Expiration of Right to Elect Membership in Defined Contribution System - (1) Any employee who is a member of the existing...
§18-7B-8a. Qualified Military Service - Contributions, benefits and service credit with respect to qualified military...
§18-7B-9. Members' Contributions; Annuity Account Established - (a) Each employee who is a member of the Defined...
§18-7B-10. Employer Contributions - Each participating employer shall annually make a contribution equal to...
§18-7B-11. Termination of Membership - (a) Any member whose employment with a participating employer terminates...
§18-7B-11a. Rollovers and Transfers to Repay Cashed-Out or Withdrawn Contributions - (a) This section applies to rollovers and transfers as specified...
§18-7B-12. Retirement, Commencement of Annuity Payments, Payments Under a Qualified Domestic Relations Order - (a) Subject to the provisions of section twelve-a of this...
§18-7B-12a. Federal Minimum Required Distributions - The requirements of this section apply to any distribution of...
§18-7B-13. Amount of Annuity Payments; Federal Law Maximum Benefit - limitations. (a) The amount of annuity payments a retired member...
§18-7B-13b. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...
§18-7B-14. Supplemental Annuity Contracts - The board shall authorize the private pension, insurance, annuity, mutual...
§18-7B-15. Account Statements - The board shall prepare or cause to be prepared, on...
§18-7B-16. Years of Employment Service - (a) A member of the Defined Contribution System who terminates...
§18-7B-17. Deposits to the Members' Annuity Accounts - Beginning on July 1, 1991 and thereafter, each county board...
§18-7B-18. Right to Benefits Not Subject to Execution, etc.; Exception for Qualified Domestic Relations Orders - The right of any person to a benefit provided for...
§18-7B-19. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...
§18-7B-20. Prohibition of Involuntary Cash-Outs - Notwithstanding any provision of this section or of any legislative...
§18-7B-21. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...
Article 7C. Merger of Teachers' Defined Contribution Retirement System With State Teachers Retirement System
§18-7C-1. To 18-7c-14 - Repealed. Acts, 2008 1ES. Sess., Ch. 7.
Article 7D. Voluntary Transfer From Teachers' Defined Contribution Retirement System to State Teachers Retirement System
§18-7D-1. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares as follows: (1)...
§18-7D-2. Definitions - As used in this article, unless the context clearly requires...
§18-7D-3. Voluntary Transfers - (a) In accordance with the provisions of this article, the...
§18-7D-4. Notice, Education, Record-Keeping Requirements - (a) Commencing not later than April 1, two thousand eight,...
§18-7D-5. Conversion of Assets From Defined Contribution Retirement System to State Teachers Retirement System; Contributions; Loans - (a) If at least sixty-five percent of actively contributing members...
§18-7D-6. Service Credit in State Teachers Retirement System Following Transfer; Conversion of Assets; Adjustments - (a) Any member who has affirmatively elected to transfer to...
§18-7D-7. Period for Affirmative Election to Transfer; Board May Contract for Professional Services - (a) The board shall provide the members of the Teachers'...
§18-7D-8. Results Considered Final - Every member of the Teachers' Defined Contribution Retirement System is...
§18-7D-9. Qualified Domestic Relations Orders - Any transferring member having a qualified domestic relations order against...
§18-7D-10. Vesting - Any member who works one hour or more after his...
§18-7D-11. Minimum Guarantees - (a) Any member of the Teachers' Defined Contribution Retirement System...
§18-7D-12. Transferees' Eligibility to Retire - (a) For purposes of determining a transferring member's eligibility for...
Article 8. Compulsory School Attendance
§18-8-1. Compulsory School Attendance; Exemptions - (a) Exemption from the requirements of compulsory public school attendance...
§18-8-1a. Commencement and Termination of Compulsory School Attendance; Public School Entrance Requirements; Exceptions - NOTE: West Virginia Code 18-8-1a was amended by two bills...
§18-8-2. Offenses; Penalties; Cost of Prosecution; Jurisdiction - (a) Any person who, after receiving due notice, shall fail...
§18-8-3. Employment of County Director of School Attendance and Assistants; Qualifications; Salary and Traveling Expenses; Removal - (a) The county board of education of every county, no...
§18-8-4. Duties of Attendance Director and Assistant Directors; Complaints, Warrants and Hearings - (a) The county attendance director and the assistants shall diligently...
§18-8-5. Duties of Principal, Administrative Head or Other Chief Administrator - It shall be the duty of the principal, administrative head...
§18-8-5a. Home Visitations - If approved by the principal, administrative head or other chief...
§18-8-6. The High School Graduation Improvement Act - (a) This section is known and may be cited as...
§18-8-6a. Incentive for County Board Participation in Circuit Court Juvenile Probation Truancy Programs - A county board that enters into a truancy program agreement...
§18-8-7. Aiding or Abetting Violations of Compulsory Attendance; Penalty - Any person who induces or attempts to induce any child...
§18-8-8. Child Suspended for Failure to Comply With Requirements and Regulations Treated as Unlawfully Absent - If a child be suspended from school because of improper...
§18-8-9. Report and Disposition of Fines Collected - All fines collected under the provisions of this article shall...
§18-8-10. Compulsory Education of Deaf and Blind; Offenses; Penalties; Names of Deaf and Blind - Every parent, guardian or other person having control of any...
§18-8-11. School Attendance and Satisfactory Academic Progress as Conditions of Licensing for Privilege of Operation of Motor Vehicle - (a) Whenever a student at least 15 but less than...
§18-8-12. Issuance of a Diploma or Other Appropriate Credential by Public, Private or Home School Administrator - A person who administers a program of secondary education at...
Article 8A. Attendance of Homeless Children
§18-8A-1. Legislative Findings; Definition of Homeless Child - (a) The Legislature hereby finds and declares that because of...
§18-8A-2. Residence of Child - A child considered to be homeless pursuant to the provisions...
§18-8A-3. Attendance of Homeless Children - Nothing in this article may be construed to prohibit a...
§18-8A-4. Report on At-Risk Children - The state Board of Education shall present to the Legislature...
Article 9. School Finances
§18-9-1. School Levies; When Levy Election Necessary; Special Election - [Repealed.]
§18-9-2. Elections Under This Chapter; Procedure - [Repealed.]
§18-9-2a. Levies - [Repealed.]
§18-9-2c. Transfer of Funds Remaining After Retirement of School Bonds; Use of Funds - The treasurers of the county boards of education are hereby...
§18-9-2d. Transfer of Funds for Investment - Any funds of a county board of education raised by...
§18-9-3. Collection and Disbursement of School Money by Sheriff; Signing of Orders for Payment of Money; Forgery of Signatures; Penalties - The sheriff shall receive, collect and disburse all levies, and...
§18-9-3a. Preparation, Publication, and Disposition of Financial Statements by County Boards of Education - (a) The county board of every county, within 120 days...
§18-9-4. Nonpayment of Order; Liability of Treasurer of County Board - If, when an order of any county board of education...
§18-9-6. Transfer of Moneys; Appointment of Treasurer; Bonding of Treasurer; Approval of Bank Accounts; Authority to Invest; Security for Funds Invested - The sheriff of each county shall remit to the board...
§18-9-6a. County Board of Education Treasurer Authorized to Make Funds Available to State Board of Investments; Allocation of Income - Notwithstanding any other provision of this code, when it appears...
Article 9A. Public School Support
§18-9A-1. Legislative Findings; Public School Support Plan - The Legislature finds and declares that the future of education...
§18-9A-2. Definitions - For the purpose of this article: (a) "State board" means...
§18-9A-3. Total State Basic Foundation Program - The total basic foundation program for the state for any...
§18-9A-4. Foundation Allowance for Professional Educators - (a) The basic foundation allowance to the county for professional...
§18-9A-5. Foundation Allowance for Service Personnel - (a) The basic foundation allowance to the county for service...
§18-9A-6. Foundation Allowance for Fixed Charges - The total allowance for fixed charges shall be the sum...
§18-9A-6a. Teachers Retirement Fund Allowance; Unfunded Liability Allowance - (a) The total teachers retirement fund allowance is the sum...
§18-9A-7. Foundation Allowance for Transportation Cost - (a) The allowance in the foundation school program for each...
§18-9A-7a. Report on Alternate Method for Funding Student Transportation Costs Required - (a) The Legislature finds that the present method of calculating...
§18-9A-8. Foundation Allowance for Professional Student Support Services - (a) Until the 2019-2020 fiscal year, the basic foundation allowance...
§18-9A-8a. Foundation Allowance for Regional Education Service Agencies - [Repealed.]
§18-9A-9. Foundation Allowance for Other Current Expense and Substitute Employees and Faculty Senates - The total allowance for other current expense and substitute employees...
§18-9A-10. Foundation Allowance to Improve Instructional Programs, Instructional Technology, and Teacher and Leader Induction and Professional Growth - (a) The total allowance to improve instructional programs and instructional...
§18-9A-11. Computation of Local Share; Appraisal and Assessment of Property; Valuations for Tax Increment Financing Purposes; Computations in Growth Counties; Public Library Support - (a) On the basis of each county's certificates of valuation...
§18-9A-12. County Basic Foundation; Total Basic State Aid Allowance - (a) The basic foundation program for each county for the...
§18-9A-14. Allowance for County Transfers - In order to encourage county boards to utilize fully their...
§18-9A-15. Allowance for Increased Enrollment; Extraordinary Sustained Increased Enrollment Impact Supplement - (a) To provide for the support of increased net enrollments...
§18-9A-16. General School Fund and Its Use - There is continued a separate school fund to be known...
§18-9A-17. Administration of School Finance - Notwithstanding any and all references to the board of school...