W. Va. Code R. § 126-13-14

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 126-13-14 - General Appeals Procedure

14.1. General rules. The following procedure prescribed by the WVBE and implemented by the Director of the OEPA governs the disposition of administrative proceedings, the hearing of appeals, controversies, and disputes arising from the school accreditation status, and the school system approval status. The appeals procedure is promulgated to assure procedural due process and expeditious processing and resolution of school accreditation status and school system approval status appeals.

14.1.a. Parameters. The appeals procedure governs school accreditation status and/or school system approval status. The appeal may address inaccuracy in findings relative to performance ratings, compliance with policy and Code, performance grade certification of schools, and other areas outlined in the final report issued by the OEPA as determined from data and/or on-site review.

14.1.b. Appeal Levels. A school system has five days upon receipt of the impending designation to appeal to the OPEA. The school system must use the designated appeals forms provided from the OEPA.

14.1.b.1. Level I. Upon receipt of the written appeal, the Director of the OEPA, or designee, will review the appeal. A written decision will be rendered and sent to the school system within five working days of receipt of the appeal.

14.1.b.2. Level II. If the school or school system is dissatisfied with the decision at Level I, it may request (within five working days of receipt of the Level I decision) a hearing before the Director of the OEPA, or designee with a written decision rendered within five working days of the hearing.

14.1.b.3. Level III. If the school or school system is dissatisfied with the decision at Level II, it may submit an appeal (within five working days of receipt of the Level II decision) to the WVBE to be considered within 60 days. The WVBE's review and decision is based on the record of Levels I and Level II of the appeals process and is final.

14.1.c. Reporting. The WVBE reports all appeals received through the preceding school year to the West Virginia Legislative Oversight Commission of Education Accountability during its annual July meeting.

W. Va. Code R. § 126-13-14