W. Va. Code R. § 126-3A-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-3A-3 - Procedures

3.1. The WVBE shall provide the Legislative Oversight Commission on Education Accountability (LOCEA) with an annual forecast of policies it anticipates promulgating or revising and shall update the forecast monthly.

3.2. Each proposed policy shall be placed on public comment and review for a period of time that extends at least 30 days from the date the proposed policy is filed with the Secretary of State in the state register pursuant to W. Va. Code §29A-3B-4(a).

3.3. Each proposed policy shall be submitted to the LOCEA pursuant to W. Va. Code §18-2-5a and §29A-3B-9.

3.3.a. The LOCEA submission shall contain:

1) the full text of the policy as proposed by the WVBE and filed with the office of the Secretary of State, with new language underlined and with language to be deleted from any existing policy stricken through but clearly legible;

2) a brief summary of the content of the policy and a description and a copy of any existing policy that the WVBE proposes to amend or repeal;

3) a statement of the circumstances which require the policy;

4) a fiscal note containing all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the policy on the state or its residents;

5) a description of stakeholder involvement in the development of the policy; and

6) any other information which the LOCEA may request or which may be required by law.

3.3.b. The LOCEA may, at its discretion, hold public hearings regarding a proposed policy, may request additional information regarding any aspect of the proposed policy, and may appoint a sub-committee to meet with the State Superintendent or designee(s) to further review the proposed policy. The LOCEA review shall include, but not be limited to, a determination of:

1) whether the WVBE has exceeded the scope of its statutory authority in approving the proposed policy;

2) whether the proposed policy is in conformity with the legislative intent of the statute that the policy is intended to implement, extend, apply, interpret, or make specific;

3) whether the proposed policy conflicts with any other provision of W. Va. Code or with any other rule adopted by the same or a different agency;

4) whether the proposed policy is necessary to fully accomplish the objectives of the statute under which the proposed policy was promulgated;

5) whether the proposed policy is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;

6) whether the proposed policy could be made less complex or more readily understandable by the general public;

7) whether the proposed policy was promulgated in compliance with the requirements of this article and in compliance with any requirements imposed by any other provision of W. Va. Code; and

8) any other matter relating to the proposed policy with which the LOCEA has concern.

3.3.c. After reviewing the proposed policy, the LOCEA may recommend to the WVBE any changes needed to comply with the legislative intent of the statute upon which the policy is based or otherwise to modify the activity subject to the policy, or may make any other recommendations to the WVBE as it considers appropriate.

3.4. Notification of proposed policies also will be sent to interested parties, inclusive of county board of education offices and media outlets at the time each policy is placed on public comment. Proposed policies and directions for submitting comments shall be maintained on the West Virginia Department of Education (WVDE) website.

3.5. All public comments received on a proposed policy will be reviewed by the WVBE and the WVDE prior to the proposed policy's final consideration. A log of all comments received along with a response to each comment shall be maintained by the WVBE and filed with the Secretary of State upon adoption of the policy.

3.6. Upon final adoption of a policy, the WVBE shall submit, to the LOCEA, the final policy along with any amendments.

3.7. All active policies shall be publicly available and maintained on the WVDE website.

3.8. The WVBE may suspend the comment and review period in the case of an emergency as per W. Va. Code §29A-3B-10.

W. Va. Code R. § 126-3A-3