Statutes, codes, and regulations
West Virginia Administrative Code
Agency 126 - EducationTitle 126 - LEGISLATIVE RULE BOARD OF EDUCATION
Series 126-176 - School Closings or Consolidations (6204)
Section 126-176-6 - Closures Contingent Upon SBA Funding

W. Va. Code R. § 126-176-6

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-176-6 - Closures Contingent Upon SBA Funding
6.1. A county that submits a capital improvement funding request to the SBA, which incorporates the closure of a school, shall have said closure approved by the county and WVBE before being eligible for a grant award from the SBA. Rejection of the closure request by the county or WVBE renders the funding request disqualified from the current SBA funding cycle.
6.2. A WVBE-approved closure that is contingent upon the awarding of capital improvement funds from the SBA has an expiration date of two-years from the date of initial approval of the closure by the WVBE to be awarded funding. In such case that the two-year period elapses, and the county has not been awarded SBA funding for the project, the WVBE closure approval becomes null-and-void and the school(s) shall remain in operation.
6.3. A county has the right to void its previously approved school closure at any time before the two-year expiration date by notifying the WVBE in writing of its intent to keep the school(s) open.
6.4. If a county wishes to close the applicable school(s) after the two-year expiration date, the county shall be required to complete the full closure process as outlined in this policy and to make all necessary data current for consideration.
6.5. When the SBA cancels a funding cycle or extends the cycle dates beyond the two-year period a county had planned for SBA grant application eligibility, the county may apply to the WVBE for a closure period extension. Requested extensions are considered by the WVBE on a case-by-case basis and only provide the county with eligibility that was lost due to funding cycle changes. An extension shall only be considered when circumstances occur that are beyond a county's control and will not be used to provide a remedy to the county for improper planning. The WVBE-approved extension does not guarantee or imply an award of funding from the SBA.

W. Va. Code R. § 126-176-6