Chapter 18, Chapter 18

(a) The Legislature finds and declares that: (1) Every child in school needs to have nutritious meals in order to achieve his or her potential. Providing the best schools and teachers alone does not ensure a child is mentally present and able to learn. A growing body of research …

(a) The Legislature finds and declares that: (1) County school districts have called for more local control and flexibility to meet the education needs of their communities; (2) Students, parents and teachers are seeking alternatives to the traditional classroom delivery of educa…

The following words used in this article and any proceedings pursuant thereto have the following meanings unless the context clearly indicates a different meaning: (1) "Applicant" means any one or more in combination of parents, community members, teachers, school administrators,…

(a) An Innovation in Education school is a public school in this state that applies to and is designated by the state board in accordance with this article as an Innovation in Education School with a principal focus in one of the following areas: (1) Science, technology, engineer…

(a) Request for reorganization. -- A school may submit an application to the state board to create collaborative teams that replace, or to augment its existing collaborative teams by replacing, any or all of the following school-level committees required by state board rule: The …

(a) A local school improvement council shall be established at every school, consisting of the following: (1) The principal, who serves as an ex officio member of the council and is entitled to vote; (2) Three teachers elected by the faculty senate of the school; (3) Two service …

The board may provide libraries for its schools and may purchase books, bookcases, and other things necessary therefor, and shall pay the cost of such libraries out of school funds of the county. In connection with any such school library, the board may employ a full-time librari…

The Board of Education of every county may purchase the necessary textbooks to be used in the free schools by the pupils thereof. All textbooks so purchased shall be kept in charge by the county superintendent and furnished to the pupils of the free schools of the county as herei…

The Board of Education of every county shall provide the textbooks to be used in the free schools for the pupils whose parents, in the judgment of the board, are unable to provide the same; such textbooks shall be those adopted by the state Board of Education.

The Board of Education of every county, upon application of the proper authorities of any private school, may likewise provide state-adopted textbooks for use of the pupils enrolled therein whose parents, in the judgment of the board, are unable to provide same.

In accordance with the provisions of this act the state Superintendent of Schools shall distribute among the several counties of the state each year such amounts of free textbook money as the Legislature may provide for such distribution. The amount of money that a county shall s…

The money allocated to a county board of education under this act shall be kept by such county board in a separate account to be known as the "free textbook account" and may be used for no other purpose except as otherwise provided by this section. Any balances being held in the …

The state Board of Education shall have authority to prescribe rules and regulations governing the care, distribution and use of free textbooks including their rebinding, reconditioning, replacement, return and storage, and such other measures as may be necessary for efficient an…

(a) County boards shall provide proper medical and dental inspections for all pupils attending the schools of their county and have the authority to take any other action necessary to protect the pupils from infectious diseases, including the authority to require from all school …

All county boards of education shall develop a specific medication administration policy which establishes the procedure to be followed for the administration of medication at each school. No school employee shall be required to administer medications: Provided, That nothing here…

(a) For the purposes of this section, the following words have the meanings specified unless the context clearly indicates a different meaning: (1) "Medication" means asthma medicine, prescribed by: (A) A physician licensed to practice medicine in all its branches; or (B) A physi…

(a) A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto-injectors for use in emergency medical care or treatment for an anaphylactic reaction. A prior diagnosis for a student or school…

(a) A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of an opioid antagonist for use in emergency medical care or treatment for an adverse opioid event. Opioid antagonists shall be maintained by the sc…

(a) For the purposes of this section, the following terms are defined: "Automated external defibrillator" means a lightweight, portable device that delivers an electric shock through the chest to the heart. "Cardiac emergency response plan" or "the plan" means a written document …

The Board of Education in any school district or independent school district may, in its discretion, establish and maintain dental clinics or courses for teaching mouth hygiene; and may provide for and furnish treatment, if requested by the parent or guardian or deemed necessary …

Boards of education shall purchase United States flags, four by six feet, of regulation bunting, for schools in its district, and require the flags to be displayed from the schools during the time the school is in session, except in inclement weather. The teacher, custodian or ot…

The county superintendent as secretary of the board shall: (1) Take the oath prescribed in the Constitution before performing any of the duties of his office; (2) Attend all board meetings and record its official proceedings in a book kept for that purpose; (3) Record the number …

The Legislature finds that school facilities are suitable for the provision of child day care and that such day care centers are needed by school personnel and other parents in the school and the community. Therefore, on or before April 1 of each year, each county board of educat…

(a) Each public school shall ensure that the adopted, up-to-date, county-adopted class curriculum is posted on the school’s internet website at the beginning of each school year or no later than 30 business days after new or revised curriculum is adopted: Provided, That only stud…

(a) When two or more county boards of education, in order to provide efficiencies and direct cost savings, elect, by majority vote, to explore and discuss with each other: (1) The idea of possibly consolidating their school districts into a new school district by act of the Legis…

(a) For the purposes of this section: (1) “Biological sex” means the sex listed on a student’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student’s birth; (2) "Custodian" means a person who has some allo…

(a) For the purposes of this section, "parent" or "parents" means the person or persons who have legal responsibility for a student, including parents, guardians or custodians. (b) Jointly established schools -- (1) In the case of a school that is jointly established by two or mo…

For the purposes of this article, unless a different meaning clearly appears from the context: (a) “Blended program” means a formal education program in which a student learns: (1) At least in part through online learning, with some element of student control over time, place, pa…

Every board member shall take the oath prescribed by section 5, article IV of the Constitution, before performing any of the duties of his office. The oath shall be filed with the secretary of the board.

(a) Public charter schools authorized pursuant to this article shall meet the following general criteria: (1) Are part of the state’s system of public schools and are subject to general supervision by the West Virginia Board of Education for meeting the student performance standa…

(a) The state board may designate a school as a STEM, community school partnership, entrepreneurship, career pathways or the arts Innovation in Education school in accordance with this article and shall promulgate a rule, including an emergency rule if necessary, in accordance wi…

(a) Each county board of education shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made effectively available to all students enrolled in the schools of the county in accordance with the State Board of Educatio…

By October 1, 2010, the state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article. The rule shall include a process for schools to appeal to the state board for approval of an…

(a) The intent of this section is to encourage and facilitate the design and implementation of innovative initiatives by local schools, working through their local school improvement councils, that meet the school’s needs and circumstances. A school level initiative may propose a…

(a) For the purposes of this section: "Sex", when this term is used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth. There are only two sexes, and every individual is either male or female: Provi…

(a) The county board, upon the recommendation of the county superintendent, may employ an assistant whose term of employment may be not less than one nor more than four years: Provided, That his or her term may not extend beyond that of the incumbent county superintendent. (b) Th…

The board may fix special salary schedules for the superintendent, assistant superintendents, teachers and other employees so long as the salary schedule does not conflict with the general provisions of this chapter.

The district Board of Education shall exercise such other authority and perform such other duties as may be prescribed by law or by the regulations of the state Board of Education.

Whenever a majority of the full-time instructional and administrative employees of a county board of education, or a majority of the full-time nonteaching employees of said board shall indicate in writing to the board of Education that it has subscribed to an automobile, a life, …

Where a fire company or fire department necessarily renders service in preventing or extinguishing fires upon public school property situated beyond their legal sphere of operation, the county board of education may pay, as a consideration for said services, a reasonable compensa…

A county board of education shall have the authority to offer a reward for information leading to the arrest and/or conviction of any person or persons who damage or destroy school property, or who threaten, offer or attempt to do so.

(a) Inasmuch as the present county school facilities for the most part lie dormant and unused during the summer months, and inasmuch as there are many students who are in need of remedial instruction and others who desire accelerated instruction, it is the purpose of this section…

(a) Effective August 1, 2025, the following food additives shall be deemed unsafe and shall not be permitted as an ingredient in any meal served in a school nutrition program as set forth in this article: (1) Red Dye No. 3 (CAS Reg. No. 16423-68-0); (2) Red Dye No. 40 (CAS Reg. N…

(a) The Legislature hereby grants a waiver from the statute or statutes indicated for the following school or schools pursuant to and for the purposes enumerated in the written statement recommending the waiver, with supporting reasons, approved by the local school improvement co…

(a) The county board shall meet on the dates provided by law, and at any other times the county board deems necessary. Subject to adequate public notice, nothing in this section prohibits the county board from conducting regular meetings in facilities within the county other than…

(a) The state board, along with the West Virginia Public Charter School Board established in §18-5G-15 of this code, shall establish and maintain a catalogue of best practices for public charter schools applicable for all applicants, authorizers, governing board members, and admi…

(a) A county board or a multicounty consortium may create a virtual instruction program for one or more schools serving any composition of grades kindergarten through twelve by adopting a policy creating the program and after adopting the policy may contract with virtual school p…

The state Board of Education shall promulgate rules, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, outlining criteria for the identification of schools of excellence. Such criteria shall include, but not be limited to, improvement in st…

The Innovation in Education Plan for a STEM, community school partnership, entrepreneurship, career pathways or the arts Innovation in Education school shall include each of the following: (1) A description of how the school will address the overall climate and culture of the sch…

(a) The Department of Education and each county board of education shall promptly establish a fund that is restricted solely for the receipt and expenditure of gifts, grants and bequests for the purposes of this article and may establish in lieu thereof a nonprofit foundation for…