W. Va. Code R. § 126-188-4

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

Section 126-188-4 - Processing of Claims

4.1. Level 1. - A written claim shall be filed with the principal by the citizen or by a group of citizens. The claim shall be on the prescribed form and be signed by all persons making the claim. The principal or his/her designee ("Level 1 administrator") shall meet with the citizen claimant for an informal conference within ten (10) days of receipt of the claim. A written decision by the Level 1 administrator shall be made within fifteen (15) days after the informal conference. A copy of the Level 2 claim form shall be included with the decision.

4.2. Level 2. - Within fifteen (15) days after receiving the decision of the Level 1 administrator, an aggrieved citizen claimant may request in writing a conference or a hearing with the county superintendent on the prescribed form. The county superintendent or his/her designee ("Level 2 administrator") shall, within fifteen (15) days, conduct a conference or a hearing with the citizen claimant in an attempt to resolve the claim. In the event that the citizen claimant requests a hearing, he/she may present witnesses to testify under oath, and the Level 2 administrator may also take testimony from staff members deemed necessary to render a decision. Hearings shall be recorded. The Level 2 administrator shall issue a written decision within fifteen (15) days following a conference and twenty-five (25) days following a hearing. A copy of the Level 3 claim form shall be included with the decision.

4.3. Level 3. - If the citizen claimant is not satisfied with the decision of the Level 2 administrator, he or she may request in writing on the prescribed form a review by the State Superintendent within thirty (30) days of receipt of the decision. A copy of the Level 1 and 2 decisions and any supporting documents shall accompany the request for a review. In the event a Level 2 hearing was conducted, the Level 2 administrator shall forward a transcript of the hearing to the State Superintendent.

4.3.a. The State Superintendent or designee ("Level 3 administrator") shall conduct a review of the claim, which will, at a minimum, consist of reviewing the record from Levels 1 and 2. He/she may also conduct an additional inquiry if necessary for resolution of the claim by contacting the citizen claimant, the county superintendent or any other individual who may be of assistance and by requesting additional documents from any source.

4.3.b. Upon completion of the review, the Level 3 administrator shall render a written decision within thirty (30) days. The decision shall set out any information that the Level 3 administrator obtained during his/her additional inquiry and relied upon in making the decision. The decision by the Level 3 administrator shall be final.

W. Va. Code R. § 126-188-4