West Virginia Code
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 - PROFESSIONAL DEVELOPMENT
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
5E - INNOVATION IN EDUCATION ACT
5F - ACCESSIBILITY AND EQUITY IN PU
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, RE
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
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
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
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
CHAPTER 18. EDUCATION.
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 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 at least twice per month. 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.
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.
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.
§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.
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.
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.
§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.
On or before November 1, 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.
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.
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.
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.
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.
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.
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.