W. Va. Code R. § 126-85-17
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-85-17 - Waiver17.1. "A particular school, which because of compelling circumstances is not able to provide a satisfactory school breakfast program may apply to the state superintendent of schools for a waiver. Upon application, the state superintendent of schools shall give notice and the opportunity to be heard to the parents and the school and shall review the specific reasons for the waiver request and if the state superintendent determines that a particular school, because of compelling circumstances, is not able to provide a satisfactory school breakfast program, it may be granted a waiver, not to exceed two years except upon reapplication" (W.Va. Code § 18-5-37). 17.2. If, after review of the request, the county superintendent concurs that the school has compelling circumstances that prevent the operation of the school breakfast program, the request for the waiver shall be approved by the county superintendent. 17.3. Each request for a waiver due to compelling circumstances shall be submitted in writing by the county superintendent and the county board to the state superintendent of schools. The request shall set forth the circumstances leading to the waiver request and shall be accompanied by appropriate documentation, together with a proposed date and location for the required hearing. 17.4. Each request for a waiver shall be reviewed by the WVDE. Public announcement of the dates and places for the hearings shall be made by the state superintendent of schools. The required hearing shall be conducted by local school officials. Roll call and minutes of the proceedings shall be taken and a summary of the minutes shall be transmitted to the WVDE. 17.5. The State Superintendent of Schools shall notify the county superintendent in writing concerning the approval or denial of the waiver request made by schools. Notification shall be given within 15 working days after the receipt of the record of the public hearing. The notification shall state whether the duration of the waiver approval is for one or two years. 17.6. The State Superintendent shall annually report to the West Virginia Legislature on the first day of the regular session the schools exempt for that school term under the waiver provision and shall state the reasons for such exemptions. W. Va. Code R. § 126-85-17