WEST virginia legislature
2023 regular session
Introduced
Senate Bill 74
By Senators Weld, Roberts, and Rucker
[Introduced January 11, 2023; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §18-3-6 of the Code of West Virginia, 1931, as amended, relating to requiring county boards of education, county superintendents, employees of county boards of education, and the West Virginia Public Employees' Grievance Board to give substantial deference to the State Superintendent’s interpretations of school law or State Board of Education rules; and providing exceptions to substantial deference requirement.
Be it enacted by the Legislature of West Virginia:
At the request in writing of any citizen, teacher, school official, county or state officer, the State Superintendent of Schools shall give his or her interpretation of the meaning of any part of school law or rules of the State Board of Education. Except when a state or federal court of competent jurisdiction has already rendered a contrary interpretation of the meaning of part of school law or rules of the State Board of Education, the county boards of education, county superintendents, employees of the county boards of education, and the West Virginia Public Employees' Grievance Board shall give substantial deference to the State Superintendent's interpretation of that part of the school law or rules of the State Board of Education.