West Virginia School Laws Annotated

Contains Chapters 18 and 18A and is fully up to date with statutes enacted through the 2020 Regular and Extraordinary Sessions of the Legislature.

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As publishers of Michie's West Virginia Code Annotated, we are pleased to offer to the legal and Education community a new West Virginia School Laws Annotated, 2020 Edition. This edition contains Chapters 18 and 18A and is fully up to date with statutes enacted through the 2020 Regular and Extraordinary Sessions of the Legislature. We have included a convenient listing of sections affected by recent legislation immediately following the table of contents.

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Table of contents

Sections Affected by 2019 Legislation
Sections Affected by 2020 Legislation

Chapter 18. Education

ARTICLE
1. Definitions; Limitations of Chapter; Goals for Education, §§ 18-1-1 to 18-1-4
2. State Board of Education, §§ 18-2-1, 18-2-3 to 18-2-13c, 18-2-13f to 18-2-18, 18-2-23 to 18-2-27, 18-2-29 to 18-2-43
2A. Adoption of Instructional Resources, §§ 18-2A-1 to 18-2A-10
2B. Area Vocational Program, §§ 18-2B-1 to 18-2B-8
2C. Harassment, Intimidation or Bullying Prohibition, §§ 18-2C-1 to 18-2C-6
2D. Community Education, §§ 18-2D-1 to 18-2D-4
2E. High Quality Educational Programs, §§ 18-2E-1 to 18-2E-12
2F. Incentives and Results Based Scholarship Program [Repealed]
2G. School Library Media Improvement Grant Program [Repealed]
2H. Public Notice and Participation in State-Mandated Educational Reform, §§ 18-2H-1 to 18-2H-4
2I. State-Level Leadership for Professional Development System, §§ 18-2I-1 to 18-2I-7
2J. Public and Higher Education Unified Educational Technology Strategic Plan [Repealed]
2K. The Diabetes Care Plan Act, §§ 18-2K-1 to 18-2K-4
3. State Superintendent of Schools, §§ 18-3-1 to 18-3-13
4. County Superintendent of Schools, §§ 18-4-1 to 18-4-12
5. County Board of Education, §§ 18-5-1 to 18-5-49
5A. Local School Involvement, §§ 18-5A-1 to 18-5A-6
5B. School Innovation Zones Act, §§ 18-5B-1 to 18-5B-14
5C. Committee Reorganization and Collaborative Team Waivers, §§ 18-5C-1 to 18-5C-3
5D. West Virginia Feed to Achieve Act, §§ 18-5D-1 to 18-5D-5
5E. Innovation in Education Act, §§ 18-5E-1 to 18-5E-8
5F. Accessibility and Equity in Public Education Enhancement Act, §§ 18-5F-1 to 18-5F-6
5G. Public Charter Schools, §§ 18-5G-1 to 18-5G-12
6. Driver Education, §§ 18-6-1 to 18-6-10
7. Adult Literacy Education Program [Repealed]
7A. State Teachers Retirement System, §§ 18-7A-1 to 18-7A-40
7B. Teachers’ Defined Contribution Retirement System, §§ 18-7B-1 to 18-7B-21
7C. Merger of Teachers’ Defined Contribution Retirement System with State Teachers Retirement System [Repealed]
7D. Voluntary Transfer from Teachers’ Defined Contribution Retirement System to State Teachers Retirement System, §§ 18-7D-1 to 18-7D-12
8. Compulsory School Attendance, §§ 18-8-1 to 18-8-12
8A. Attendance of Homeless Children, §§ 18-8A-1 to 18-8A-4
9. School Finances, §§ 18-9-1 to 18-9-8
9A. Public School Support, §§ 18-9A-1 to 18-9A-26
9B. State Board of School Finance, §§ 18-9B-1 to 18-9B-22
9C. State Aid for Construction, Renovation and Remodeling of School Buildings and Equipping of the Same [Repealed]
9D. School Building Authority, §§ 18-9D-1 to 18-9D-21
9E. Air Quality in New Schools Act, §§ 18-9E-1 to 18-9E-5
9F. School Access Safety and Crisis Response Act, §§ 18-9F-1 to 18-9F-10
10. Federal Aid and Gifts for Educational Purposes, §§ 18-10-1 to 18-10-13
10A. Rehabilitation Services, §§ 18-10A-1 to 18-10A-15
10B. Vocational Rehabilitation Facilities, §§ 18-10B-1 to 18-10B-10
10C. The Southern Regional Education Compact, §§ 18-10C-1 to 18-10C-3
10D. Compact for Education, §§ 18-10D-1 to 18-10D-7
10E. Interstate Compact on Qualifications of Educational Personnel, §§ 18-10E-1, 18-10E-2
10F. Interstate Compact on Educational Opportunity for Military Children, §§ 18-10F-1, 18-10F-2
10H. Albert Yanni Programs of Excellence in Vocational-Technical Education, §§ 18-10H-1 to 18-10H-7
10I. West Virginia Supported Employment Program, §§ 18-10I-1 to 18-10I-4
10J. Blind Persons’ Literacy Rights and Education Act, §§ 18-10J-1 to 18-10J-6
10O. Disability History Week, §§ 18-10O-1 to 18-10O-5
10P. Students’ Right to Know Act, §§ 18-10P-1 to 18-10P-6
13. West Virginia EDGE, §§ 18-13-1 to 18-13-5
16. Antihazing Law, §§ 18-16-1 to 18-16-4
17. West Virginia Schools for the Deaf and the Blind, §§ 18-17-1 to 18-17-9
19. Educational Opportunities for Children and Spouses of Deceased Soldiers, Sailors, Marines and Airmen, §§ 18-19-1 to 18-19-4
20. Education of Exceptional Children, §§ 18-20-1 to 18-20-11
21. Special Community-Based Pilot Demonstration Project to Improve Outcomes for at-Risk Youth, §§ 18-21-1 to 18-21-4
25. Tax Deferred Investments for Teachers and Other Employees, § 18-25-1
26A. State Autism Training Center [Repealed]
28. Private, Parochial or Church Schools or Schools of a Religious Order, §§ 18-28-1 to 18-28-7
29. Grievance Procedure [Repealed]
30. West Virginia College Prepaid Tuition and Savings Program Act, § 18-30-6
32. Severability, § 18-32-1
33. Student Religious Liberties, §§ 18-33-1 to 18-33-8

Chapter 18A. School Personnel

1. General Provisions, §§ 18A-1-1 to 18A-1-3
2. School Personnel, §§ 18A-2-1 to 18A-2-14
3. Training, Certification, Licensing, Professional Development, §§ 18A-3-1 to 18A-3-12
3A. Center for Professional Development [Repealed]
3B. Educators’ Professional Standards Board, §§ 18A-3B-1 to 18A-3B-3
3C. Improving Teaching and Learning, §§ 18A-3C-1 to 18A-3C-3
4. Salaries, Wages and Other Benefits, §§ 18A-4-1 to 18A-4-22
5. Authority; Rights; Responsibility, §§ 18A-5-1 to 18A-5-8
6. County Retirement Fund, § 18A-6-1
7. Severability, § 18A-7-1

Related Statutes

Chapter 1. The State and Its Subdivisions


5. Acquisition and Disposition of Real Property By and Between Public Bodies, §§ 1-5-1 to 1-5-5

Chapter 2. Common Law, Statutes, Legal Holidays, Definitions, and Legal Capacity

2. Legal Holidays; Special Memorial Days; Construction of Statutes; Definitions, §§ 2-2-1, 2-2-1a, 2-2-2, 2-2-3

Chapter 3. Elections
5. Primary Elections and Nominating Procedures, §§ 3-5-4, 3-5-6, 3-5-8, 3-5-8a, 3-5-20
8. Regulation and Control of Elections, §§ 3-8-12 to 3-8-14

Chapter 5. General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, etc.

3. Attorney General, §§ 5-3-1, 5-3-2
10. West Virginia Public Employees Retirement Act, § 5-10-15b
10B. Government Employees Deferred Compensation Plans, §§ 5-10B-1 to 5-10B-14
10C. Government Employees Retirement Plans, §§ 5-10C-1 to 5-10C-5
16. West Virginia Public Employees Insurance Act, §§ 5-16-7 to 5-16-7g, 5-16-12 to 5-16-13, 5-16-15 to 5-16-18, 5-16-24, 5-16-24a
18. West Virginia Cable Television Systems Act [Repealed]
22. Government Construction Contracts, § 5-22-1
26. Herbert Henderson Office of Minority Affairs, §§ 5-26-1 to 5-26-3
28. Commission on Holocaust Education, §§ 5-28-1 to 5-28-4

Chapter 5A. Department of Administration

2. Finance Division, §§ 5A-2-3, 5A-2-15
2A. Use of Alternative Fuels in State-Owned Vehicles, §§ 5A-2A-1 to 5A-2A-4
3. Purchasing Division, §§ 5A-3-14, 5A-3-33a, 5A-3-33b, 5A-3-33f, 5A-3-37, 5A-3-37a, 5A-3-44, 5A-3-45, 5A-3-61

Chapter 5B. Economic Development Act of 1985

2C. West Virginia Academy of Science and Technology, §§ 5B-2C-1 to 5B-2C-8

Chapter 5G. Procurement of Architect-Engineer Services by State and its Subdivisions

1. Procurement of Architect-Engineer Services, §§ 5G-1-1 to 5G-1-4

Chapter 6. General Provisions Respecting Officers

1. Oaths of Office, §§ 6-1-1 to 6-1-8
2. Official and Other Bonds, §§ 6-2-4, 6-2-10, 6-2-12
5. Terms of Office; Matters Affecting the Right to Hold Office, § 6-5-12
6. Removal of Officers, §§ 6-6-1, 6-6-5, 6-6-7 to 6-6-9
8. Settlements by Officers, §§ 6-8-1, 6-8-7 to 6-8-10
9. Supervision of Local Government Offices, §§ 6-9-1 to 6-9-9b
9A. Open Governmental Proceedings, §§ 6-9A-1 to 6-9A-12

Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure

1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability, §§ 6B-1-1 to 6B-1-6
2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges, §§ 6B-2-1 to 6B-2-11

Chapter 6C. Public Employees

2. West Virginia Public Employees Grievance Procedure, §§ 6C-2-1 to 6C-2-8
3. West Virginia Public Employees Grievance Board, §§ 6C-3-1 to 6C-3-6
4. Compensation to State Employees for Training, Education and Professional Development, §§ 6C-4-1 to 6C-4-3

Chapter 6D. Public Contracts

1. Disclosure of Interested Parties, §§ 6D-1-1 to 6D-1-4

Chapter 7. County Commissions and Officers

3. County Property, § 7-3-10
4. Prosecuting Attorney, Rewards and Legal Advice, § 7-4-1
5. Fiscal Affairs, § 7-5-1
13. Economic Opportunity Programs, §§ 7-13-1 to 7-13-14

Chapter 8. Municipal Corporations

14. Law and Order; Police Force or Departments; Powers, Authority and Duties of Law-Enforcement Officials and Policemen; Police Matrons; Special School Zone and Parking Lot or Parking Building Police Officers; Civil Service for Certain Police Departments, § 8-14-5

Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority

1. Public Libraries, §§ 10-1-1 to 10-1-24
2. Public Recreation and Playgrounds, §§ 10-2-1 to 10-2-5
2A. Athletic Establishments, §§ 10-2A-1 to 10-2A-26
5. Educational Broadcasting Authority, §§ 10-5-1 to 10-5-7

Chapter 11. Taxation

1C. Fair and Equitable Property Valuation, § 11-1C-1
8. Levies, §§ 11-8-5, 11-8-6, 11-8-6b, 11-8-6c, 11-8-6f, 11-8-7, 11-8-9, 11-8-10a, 11-8-12 to 11-8-13, 11-8-16 to 11-8-18, 11-8-20 to 11-8-25, 11-8-26 to 11-8-33
10. Tax Procedure and Administration Act, § 11-10-11
15. Consumers Sales and Service Tax, §§ 11-15-9g, 11-15-9s, 11-15-30

Chapter 11A. Collection and Enforcement of Property Taxes

1. Accrual and Collection of Taxes, §§ 11A-1-13, 11A-1-15

Chapter 12. Public Moneys and Securities

1. State Depositories, § 12-1-2
3. Appropriations, Expenditures and Deductions, §§ 12-3-11, 12-3-18 to 12-3-20
6. West Virginia Investment Management Board, § 12-6-2
8. Pension Liability Redemption, §§ 12-8-1 to 12-8-4, 12-8-7, 12-8-8, 12-8-10, 12-8-13 to 12-8-15

Chapter 13. Public Bonded Indebtedness

1. Bond Issues for Original Indebtedness, §§ 13-1-2 to 13-1-4, 13-1-34
2. Refunding Bonds, §§ 13-2-1, 13-2-2, 13-2-4

Chapter 15. Public Safety

1F. Privileges and Prohibitions, §§ 15-1F-1 to 15-1F-5, 15-1F-11
3A. Amber Alert Plan, §§ 15-3A-1 to 15-3A-7
12. Sex Offender Registration Act, § 15-12-2

Chapter 16. Public Health

1. State Public Health System, §§ 16-1-4, 16-1-6, 16-1-7, 16-1-9, 16-1-10, 16-1-17
2. Local Boards of Health, § 16-2-10
3. Prevention and Control of Communicable and Other Infectious Diseases, §§ 16-3-4, 16-3-5
3D. Tuberculosis Testing, Control, Treatment and Commitment, §§ 16-3D-1 to 16-3D-3
5. Vital Statistics, § 16-5-12a
9A. Tobacco Usage Restrictions, §§ 16-9A-4, 16-9A-9
57. Sudden Cardiac Arrest Prevention Act, §§ 16-57-1 to 16-57-4

Chapter 17B. Motor Vehicle Driver’s Licenses

2. Issuance of License, Expiration and Renewal, §§ 17B-2-3 to 17B-2-5, 17B-2-14
3. Cancellation, Suspension or Revocation of Licenses, § 17B-3-6

Chapter 17C. Traffic Regulations and Laws of the Road

12. Special Stops Required, §§ 17C-12-3, 17C-12-7 to 17C-12-9
13A. Diesel-Powered Motor Vehicle Idling Act, § 17C-13A-3
14. Miscellaneous Rules, § 17C-14-12
15. Equipment, § 17C-15-2
17. Size, Weight and Load, §§ 17C-17-2, 17C-17-4

Chapter 18B. Higher Education

1B. Higher Education Policy Commission, § 18B-1B-7

Chapter 19. Agriculture

37. West Virginia Fresh Food Act, §§ 19-37-1 to 19-37-3

Chapter 20. Natural Resources

1. Organization and Administration, § 20-1-10a

Chapter 21. Labor

1E. Career Training Education and Apprenticeships, §§ 21-1E-1 to 21-1E-4
5. Wage Payment and Collection, §§ 21-5-3, 21-5-17, 21-5-18
5A. Wages for Construction of Public Improvements [Repealed]
5C. Minimum Wage and Maximum Hours Standards for Employees, § 21-5C-3
5D. The Parental Leave Act, §§ 21-5D-1 to 21-5D-9
6. Child Labor, §§ 21-6-1 to 21-6-11

Chapter 23. Workers’ Compensation

2. Employers and Employees Subject to Chapter; Extraterritorial Coverage, § 23-2-1
5A. Discriminatory Practices, §§ 23-5A-1 to 23-5A-4

Chapter 27. Mentally Ill Persons

6. Suicide Prevention and Awareness, § 27-6-1

Chapter 29. Miscellaneous Boards and Officers

3. Fire Prevention and Control Act [Repealed]
3B. Supervision of Electricians, § 29-3B-4
12. State Insurance, § 29-12-5a
12A. Governmental Tort Claims and Insurance Reform Act, §§ 29-12A-3 to 29-12A-5, 29-12A-11, 29-12A-12
22. State Lottery Act, § 29-22-18

Chapter 29A. State Administrative Procedures Act

3B. State Board of Education Rule Making, §§ 29A-3B-1 to 29A-3B-12
5. Contested Cases, §§ 29A-5-1 to 29A-5-5
6. Appeals, § 29A-6-1

Chapter 29B. Freedom of Information

1. Public Records, §§ 29B-1-1 to 29B-1-7

Chapter 30. Professions and Occupations

1E. Career Training Education and Apprenticeships, §§ 30-1E-1 to 30-1E-4
5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies, § 30-5-11a
30. Social Workers, § 30-30-6

Chapter 36. Estates and Property

8. Uniform Unclaimed Property Act, § 36-8-13

Chapter 38. Liens

5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers, § 38-5B-8

Chapter 48. Domestic Relations

9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children, § 48-9-601

Chapter 49. Child Welfare

1. General Provisions and Definitions, § 49-1-102
2. State Responsibilities for Children, §§ 49-2-801 to 49-2-814
4. Court Actions, §§ 49-4-403, 49-4-405 to 49-4-407, 49-4-712

Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements

3. Newspapers and Legal Advertisements, §§ 59-3-1 to 59-3-9

Chapter 61. Crimes and Their Punishment

2. Crimes Against the Person, §§ 61-2-9b, 61-2-14f, 61-2-14g, 61-2-15, 61-2-15a
5A. Bribery and Corrupt Practices, §§ 61-5A-1 to 61-5A-11
6. Crimes Against the Peace, §§ 61-6-14, 61-6-14a, 61-6-17
7. Dangerous Weapons, §§ 61-7-2, 61-7-11, 61-7-11a, 61-7-14
10. Crimes Against Public Policy, § 61-10-15

The Constitution of West Virginia
Article IV, §§ 5, 6, 8
Article IX, § 4
Article X, §§ 1, 1b, 5, 7, 8, 10
Article XII, §§ 1 to 12

Amendments to the Constitution

The Irreducible School Fund Amendment
Better School Buildings Amendment

Index