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Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 3  |  Section 9

1 - DEFINITIONS; LIMITATIONS OF CHA

2 - STATE BOARD OF EDUCATION

2A - ADOPTION OF TEXTBOOKS, INSTRUC

2B - AREA VOCATIONAL PROGRAM

2C - HARASSMENT, INTIMIDATION OR BU

2D - COMMUNITY EDUCATION

2E - HIGH QUALITY EDUCATIONAL PROGR

2F - INCENTIVES AND RESULTS BASED S

2G - SCHOOL LIBRARY MEDIA IMPROVEME

2H - PUBLIC NOTICE AND PARTICIPATIO

2I - STAFF DEVELOPMENT COUNCILS

2J - PUBLIC AND HIGHER EDUCATION UN

2K - THE DIABETES CARE PLAN ACT

3 - STATE SUPERINTENDENT OF SCHOOLS
    18 - 3 - 1
    18 - 3 - 2
    18 - 3 - 3
    18 - 3 - 4
    18 - 3 - 5
    18 - 3 - 6
    18 - 3 - 7
    18 - 3 - 8
    18 - 3 - 9
    18 - 3 - 9 A
    18 - 3 - 9 B
    18 - 3 - 10
    18 - 3 - 11
    18 - 3 - 12

4 - COUNTY SUPERINTENDENT OF SCHOOL

5 - COUNTY BOARD OF EDUCATION

5A - LOCAL SCHOOL INVOLVEMENT

5B - SCHOOL INNOVATION ZONES ACT

5C - COMMITTEE REORGANIZATION AND C

5D - West Virginia Feed to Achieve

6 - DRIVER EDUCATION

7 - ADULT LITERACY EDUCATION PROGRA

7A - STATE TEACHERS RETIREMENT SYST

7B - TEACHERS' DEFINED CONTRIBUTION

7C - MERGER OF TEACHERS' DEFINED CO

7D - VOLUNTARY TRANSFER FROM TEACHE

8 - COMPULSORY SCHOOL ATTENDANCE

8A - ATTENDANCE OF HOMELESS CHILDRE

9 - SCHOOL FINANCES

9A - PUBLIC SCHOOL SUPPORT

9B - STATE BOARD OF SCHOOL FINANCE

9C - STATE AID FOR CONSTRUCTION

9D - SCHOOL BUILDING AUTHORITY

9E - AIR QUALITY IN NEW SCHOOLS ACT

9F - SCHOOL ACCESS SAFETY ACT

10 - FEDERAL AID AND GIFTS FOR EDU

10A - REHABILITATION SERVICES

10B - VOCATIONAL REHABILITATION FA

10C - THE SOUTHERN REGIONAL EDUCAT

10D - COMPACT FOR EDUCATION

10E - INTERSTATE COMPACT ON QUALIF

10F - DISABLED PERSONS AND PUBLIC

10F - INTERSTATE COMPACT ON EDUCAT

10G - PROVIDING OF FOOD SERVICE IN

10H - ALBERT YANNI PROGRAMS OF EXC

10I - WEST VIRGINIA SUPPORTED EMPL

10J - BLIND PERSONS' LITERACY RIGH

10K - WEST VIRGINIA TRAUMATIC BRAI

10L - RON YOST PERSONAL ASSISTANCE

10M - WEST VIRGINIA INDEPENDENT LI

10N - INFORMATION TECHNOLOGY ACCES

10O - DISABILITY HISTORY WEEK

11 - WEST VIRGINIA UNIVERSITY

11A - REVENUE BONDS FOR UNIVERSITY

11B - REVENUE BONDS FOR UNIVERSITY

11C - WEST VIRGINIA UNIVERSITY HOS

11D - REVENUE BONDS FOR WEST VIRGI

11E - REVENUE BONDS FOR MARSHALL U

12 - STATE TEACHERS' COLLEGES

12A - REVENUE BONDS FOR MARSHALL U

12B - REVENUE BONDS FOR STATE INST

13 - West Virginia EDGE

13 - WEST VIRGINIA STATE COLLEGE

14 - BLUEFIELD STATE COLLEGE

15 - WEST VIRGINIA INSTITUTE OF TE

16 - ANTIHAZING LAW

17 - WEST VIRGINIA SCHOOLS FOR THE

18 - WEST VIRGINIA SCHOOL FOR THE

19 - EDUCATIONAL OPPORTUNITIES FOR

20 - EDUCATION OF EXCEPTIONAL CHIL

21 - SPECIAL COMMUNITY-BASED PILOT

21 - UNDERWOOD-SMITH TEACHER SCHOL

22 - HIGHER EDUCATION FULL-TIME FA

22A - EMINENT SCHOLARS ENDOWMENT T

22B - STATE SCHOLARSHIP PROGRAM

22C - STATE AID FOR STUDENTS ATTEN

22D - HIGHER EDUCATION STUDENT ASS

22E - DISTINGUISHED PROFESSORS END

23 - ADDITIONAL POWERS, DUTIES AND

24 - FEES AND OTHER MONEY COLLECTE

25 - TAX DEFERRED INVESTMENTS FOR

26 - WEST VIRGINIA BOARD OF REGENT

26A - STATE AUTISM TRAINING CENTER

26B - CLASSIFIED EMPLOYEE SALARY S

26C - INSTITUTE FOR PUBLIC AFFAIRS

26D - INSTITUTE FOR INTERNATIONAL

27 - WEST VIRGINIA EDUCATION LOAN

28 - PRIVATE, PAROCHIAL OR CHURCH

29 - GRIEVANCE PROCEDURE

30 - WEST VIRGINIA COLLEGE PREPAID

31 - RESEARCH AND DEVELOPMENT AGRE

32 - SEVERABILITY

WVC 18- CHAPTER 18. EDUCATION.
WVC 18 - 3 - ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

WVC 18 - 3 - 1 §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 state superintendent.

          The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation. WVC 18 - 3 - 2 §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.

WVC 18 - 3 - 3 §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.

WVC 18 - 3 - 4 §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.

WVC 18 - 3 - 5 §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.

WVC 18 - 3 - 6 §18-3-6. Interpretation of school laws and rules of state board of education.
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 education.

WVC 18 - 3 - 7 §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.

WVC 18 - 3 - 8 §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.

WVC 18 - 3 - 9 §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 necessary.

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.

WVC 18 - 3 - 9 B §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 expenditures. WVC 18 - 3 - 10 §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.

WVC 18 - 3 - 11 §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 school officers.

WVC 18 - 3 - 12 §18-3-12. Special Community Development School Pilot Program.

     (a) 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.

     (b) Beginning in January, 2014, on or before the first day of the regular session of the Legislature, and each year thereafter, the state superintendent, county superintendent for the county in which the schools are located and lead community-based organizations shall make a status report to the Legislative Oversight Commission on Education Accountability and to the state board. The report may include any recommendations based on the progress of the demonstration project that he or she considers either necessary for improving the operations of the demonstration project or prudent for improving student achievement in other public schools through replication of successful demonstration school programs.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§18 - 2 - 9 - (Amended Code)
SENATE BILL - 7
PASSED - Regular Session

SB7 SUB1 enr  (Uploaded - 02/23/2015)
Requiring CPR and care for conscious choking instruction in public schools
§18 - 5 - 19 - (Amended Code)
§18 - 5 - 19 D - (Amended Code)
SENATE BILL - 238
PASSED - Regular Session

sb238 enr  (Uploaded - 03/04/2015)
Limiting certain county board of education liability arising from unorganized recreation
§18 - 2 J- 1 - (Repealed Code)
§18 - 2 J- 2 - (Repealed Code)
§18 - 2 J- 3 - (Repealed Code)
§18 - 2 J- 4 - (Repealed Code)
§18 - 2 J- 5 - (Repealed Code)
§18 - 2 J- 6 - (Repealed Code)
§18 - 2 J- 7 - (Repealed Code)
SENATE BILL - 255
PASSED - Regular Session

SB255 SUB1 enr  (Uploaded - 03/01/2015)
Eliminating certain boards, councils, committees, panels, task forces and commissions
§18 - 2 - 32 - (New Code)
SENATE BILL - 287
PASSED - Regular Session

SB287 SUB1 enr2  (Uploaded - 03/25/2015)
SB287 SUB1 enr  (Uploaded - 03/19/2015)
Providing posthumous high school diplomas
§18 - 7 A- 14 C - (Amended Code)
§18 - 7 B- 21 - (Amended Code)
SENATE BILL - 342
PASSED - Regular Session

sb342 sub1 enr  (Uploaded - 03/30/2015)
Clarifying scope, application and requirements for error corrections by CPRB
§18 - 8 - 12 - (New Code)
SENATE BILL - 447
PASSED - Regular Session

sb447 enr  (Uploaded - 03/20/2015)
Allowing issuance of diploma by public, private or home school administrator
§18 - 7 A- 17 - (Amended Code)
§18 - 7 A- 17 A - (New Code)
§18 - 7 A- 23 - (Amended Code)
§18 - 7 A- 25 - (Amended Code)
§18 - 7 A- 25 B - (New Code)
§18 - 7 D- 6 - (Amended Code)
SENATE BILL - 529
PASSED - Regular Session

SB529 SUB1 enr2  (Uploaded - 03/30/2015)
SB529 SUB1 enr  (Uploaded - 03/30/2015)
Relating to PERS, SPRS and TRS benefits and costs
§18 - 2 E- 5 - (Amended Code)
HOUSE BILL - 2140
PASSED - Regular Session

HB2140 ENR  (Uploaded - 03/22/2015)
Building governance and leadership capacity of county board during period of state intervention
§18 - 2 - 26 - (Amended Code)
HOUSE BILL - 2370
PASSED - Regular Session

hb2370 enr  (Uploaded - 03/22/2015)
Increasing the powers of regional councils for governance of regional education service agencies
§18 - 2 - 5 - (Amended Code)
HOUSE BILL - 2377
PASSED - Regular Session

HB2377 SUB ENR  (Uploaded - 03/19/2015)
Authorizing State Board of Education to approve certain alternatives with respect to instructional time
§18 - 9 A- 7 - (Amended Code)
HOUSE BILL - 2478
PASSED - Regular Session

HB2478 SUB ENR  (Uploaded - 03/22/2015)
Relating to public school finance
§18 - 7 A- 13 - (Amended Code)
HOUSE BILL - 2505
PASSED - Regular Session

HB2505 ENR SUB  (Uploaded - 03/15/2015)
Relating to retirement system participation and concurrent employment provisions
§18 - 2 - 40 - (New Code)
HOUSE BILL - 2535
PASSED - Regular Session

hb2535 enr  (Uploaded - 03/16/2015)
Relating generally to suicide prevention training, "Jamie's Law"
§18 - 8 - 4 - (Amended Code)
HOUSE BILL - 2550
PASSED - Regular Session

HB2550 SUB ENR  (Uploaded - 03/20/2015)
Increasing the number of unexcused absences of a student before action may be taken against the parent
§18 - 20 - 2 - (Amended Code)
HOUSE BILL - 2598
PASSED - Regular Session

HB2598 ENR  (Uploaded - 03/22/2015)
Ensuring that teachers of students with disabilities receive complete information about the school's plan for accommodating the child's disabilities
§18 - 2 E- 7 - (Amended Code)
§18 - 9 A- 10 - (Amended Code)
HOUSE BILL - 2632
PASSED - Regular Session

hb2632 enr  (Uploaded - 03/17/2015)
Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements
§18 - 10 G- 5 A - (New Code)
HOUSE BILL - 2663
PASSED - Regular Session

HB2663 ENR  (Uploaded - 03/23/2015)
Creating the Rehabilitation Services Vending Program Fund
§18 - 5 - 18 - (Amended Code)
HOUSE BILL - 2702
PASSED - Regular Session

HB2702 SUB ENR  (Uploaded - 03/15/2015)
Redefining service personnel class titles of early childhood classroom assistant teacher
§18 - 5 - 11 A - (Amended Code)
HOUSE BILL - 2755
PASSED - Regular Session

HB2755 SUB ENR  (Uploaded - 03/15/2015)
Relating to service and professional employee positions at jointly established schools
§18 - 20 - 1 A - (Amended Code)
HOUSE BILL - 2797
PASSED - Regular Session

hb2797 ENR  (Uploaded - 03/19/2015)
Changing the term "mentally retarded" to "intellectually disabled;" and changing the term "handicapped" to "disabled"
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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