CHAPTER 18. EDUCATION.
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ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
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§18-3-1. Appointment; qualifications; compensation; traveling
expenses; office and residence; evaluation.
There shall be appointed by the state board a State
Superintendent of Schools who serves at the will and pleasure of
the state board. He or she shall be a person of good moral
character, shall be able to perform the duties listed in this
article and possess such other educational, administrative,
experiential and other qualifications as determined by the State
Board of Education. He or she shall hold at least a master's
degree from a regionally accredited institution of higher education
or equivalent degree as determined by the state board. He or she
shall receive an annual salary set by the state board, to be paid
monthly:. The state superintendent also shall receive necessary
traveling expenses incident to the performance of his or her duties
to be paid out of the General School Fund upon warrants of the
State Auditor. The state superintendent shall have his or her
office at the state Capitol. The state board shall report to the
Legislative Oversight Commission on Education Accountability upon
request concerning its progress during any hiring process for a
The state board annually shall evaluate the performance of the
state superintendent and publicly announce the results of the
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§18-3-2. Seal; requisitions on auditor for money.
The state superintendent of schools shall provide a seal for
his office. He shall sign all requisitions on the auditor for
the payment of money out of the state treasury for school
purposes, except as otherwise provided by law.
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§18-3-3. General supervision of schools.
The state superintendent of schools shall have general
supervision of the free schools of the state, and shall be the
chief executive officer of the state board of education. He
shall be charged with the general supervision of all county and
city superintendents of free schools and of county and district
boards of education within the state, except as provided in
article nine, chapter six of this code. He shall prescribe the
forms and cause to be prepared and printed all blanks necessary
for carrying out the details of the school system of the state,
and of the rules of the state board of education, so as to secure
the uniform operation of the same throughout the state. In
respect to general school statistics, such forms and blanks shall
conform as nearly as may be to the forms and blanks recommended
by the United States bureau of education. The state
superintendent shall also cause such forms and blanks to be
forwarded to all school officers and other persons whose duty or
right it is to use them.
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§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 such proceedings or processes as may be necessary
properly to enforce and give effect to any provision or
provisions of this chapter and to the provisions of any other
general or special laws pertaining to the school system of the
state, or any part thereof, or of any rule or direction of the
state board of education made in conformity with its powers and
duties. The superintendent shall have authority to administer
oaths and to examine under oath, in any part of the state,
witnesses in any proceeding pertaining to the public schools, and
to cause such examination to be reduced to writing. Witnesses,
other than employees of the state, shall be entitled to the same
fees as in civil cases in the circuit court. The state
superintendent of schools shall have power to institute proper
proceedings for the removal of any school official charged with
dishonesty, continued neglect of duty, or with failure to comply
with the provisions of this chapter or of the rules of the state
board of education.
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§18-3-5. Conferences of school superintendents.
The state superintendent of schools shall have the authority
to call conferences of the county, district, and city
superintendents of schools of the state, or of any group or
groups of such superintendents, for the purpose of considering
with them any matters relating to the conditions and needs of the
schools and the proper means of improving the schools throughout
the state, or any section thereof.
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§18-3-6. Interpretation of school laws and rules of state board
At the request in writing of any citizen, teacher, school
official, county or state officer, the state superintendent of
schools shall give his interpretation of the meaning of any part
of the school law or of the rules of the state board of
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§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
superintendent of schools shall cause to be prepared and
published, for distribution to the proper persons to receive
them, manuals of the courses of study prescribed by the state
board of education, as provided by section seven, article two of
this chapter. It shall be his duty to see that the minimum
standards set forth therein shall be maintained in all the
several kinds and grades of the public schools throughout the
state. It shall also be the duty of the state superintendent of
schools to provide for the examination of pupils completing such
courses of study and to cause diplomas or certificates to be
issued to all persons who satisfactorily complete such courses.
The superintendent shall cause to be printed and distributed
from time to time a sufficient number of copies of the school law
to supply the needs of school officials and other citizens of the
state. He shall cause to be prepared and published a list of
books suitable for school libraries, and shall recommend the
proper conditions for the purchase and use of such books. Such
list shall be distributed among the teachers, principals, and
superintendents throughout the state. The state superintendent of
schools shall also have authority to publish and distribute such
other reports, circulars of information, and bulletins as in his
judgment will promote the best interests of the schools.
The expenses of printing all such publications or other documents shall be paid out of the general school fund on
warrants drawn by the state superintendent of schools.
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§18-3-8. Report of state superintendent.
On or before the first day of November preceding each
regular session of the Legislature, the state superintendent of
schools shall make and transmit a report to the governor, to be
transmitted by him to the Legislature. Such report shall contain
summaries of the annual reports of the county superintendents and
such other information about the conditions of the public school
system of the state as the superintendent may deem it wise to
communicate to the governor and the Legislature. The report
shall, however, contain such information about the public schools
of the state as the governor or the Legislature may have
previously requested, and shall also include the recommendations
of the state superintendent respecting needed legislation on
behalf of the schools.
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§18-3-9. State department of education.
For carrying into effect the provisions of this chapter, the
state superintendent of schools shall maintain a department of
education at his office at the state capitol, and he shall have
authority to employ assistants and such other employees as may be
WVC 18 - 3 - 9 A
§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 order
of the state fire marshal for correction of fire hazards in any
public school building, the state superintendent shall close the
building, or the unsafe part thereof, until the board complies with
such order. The state superintendent shall also have the power and
authority to inspect any public school building and to order the
making of such repairs or alterations as may be necessary to put
the building into a safe condition.
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§18-3-9b. Reduction in amount budgeted for personal services.
The state superintendent shall reduce the budgeted amount for
personal services, related employee benefits and contractual
expenditures related to employment by five percent in fiscal years
2014 and 2015. The reductions shall be taken department wide,
excluding the school aid formula and institutionalized services to
juveniles and adults, and other direct-service education
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§18-3-10. Other powers and duties of state superintendent.
The state superintendent of schools shall exercise such
other powers and discharge such other duties as are herein
assigned to him, or as may from time to time be assigned to him
by the Legislature and by the state board of education.
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§18-3-11. Classification of schools.
The state superintendent shall classify all elementary and
secondary schools on the basis of standards, rules and
regulations established by the state board after publishing such
standards, rules and regulations, and forwarding them to the
district boards of education, county superintendents, and other
§18-3-12. Special Community Development School Pilot Program.
The state superintendent shall establish a Special Community Development School Pilot Program to be implemented in a neighborhood of at least five public schools, which shall include at least one elementary and middle school, for the duration of five years. The neighborhood of public schools designated by the state superintendent for the pilot shall have significant enrollments of disadvantaged, minority and underachieving students. The designated neighborhood of public schools under the direction of the county board and county superintendent shall work in collaboration with higher education, community organizations, Center for Professional Development, local community leaders, affected classroom teachers, affected parents and the state board to develop and implement strategies that could be replicated in other public schools with significant enrollments of disadvantaged, minority and underachieving students to improve academic achievement. For purposes of this section "neighborhood" means an area of no more than seven square miles.