W. Va. Code R. § 126-174-2

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 126-174-2 - Investigation of lAQ Complaints

2.1. Each county shall designate an official who shall be responsible for addressing lAQ complaints.

2.2. Individuals wishing to file an lAQ complaint shall complete an lAQ Complaint Form found on the West Virginia Department of Education's (WVDE) website. The form must be filed with the principal of the affected school and the county's designated official.

2.2.a. The complainant may check on the status of the complaint at any time throughout the investigation.

2.3. Upon receipt of an lAQ Complaint Form the school principal and the county's designated official shall:

2.3.a. investigate the complaint within one working day of the initial filing and respond to the complainant within five working days of the initial filing through completion of the lAQ Investigation and Response Form found on the WVDE's website; or

2.3.b. investigate the complaint within one working day of the initial filing and, dependent upon the severity of the finding(s), immediately convene the school's lAQ Investigation Advisory Committee (lAQ Committee) and notify the complainant in writing that an lAQ Committee has been convened to investigate the compliant.

2.4. If the complainant is not satisfied with the principal or designated official's response under section 2.3.a, the complainant may, within five working days, ask the principal or designated official to follow section 2.3.b, requiring the complaint to be reviewed by the lAQ Committee.

2.5. lAQ Committee members shall consist of seven members, with no more than two members being of the same roles identified below:

2.5.a. principal of the school named in the complaint,

2.5.b. county superintendent or designee,

2.5.c. county facilities/maintenance director (may serve as the county superintendent's designee),

2.5.d. member(s) of faculty senate of the school named in the complaint,

2.5.e. school custodian(s) of the school named in the complaint, and

2.5.f. member(s) of the local school improvement council of the school named in the complaint.

2.6. Once convened, the lAQ Committee has five working days to review and respond to the complainant by way of the principal or designated official as to the status and corrective action plan through completion of the lAQ Investigation and Response Form found on the WVDE's website.

2.6.a. The response may be marked preliminary in situations where the lAQ Committee is waiting to base its corrective action plan on sample results from a testing company. During this waiting period of not more than five additional working days, the principal and designated official shall ensure the safety of all building occupants. Upon receipt of the requisite test results, the lAQ Committee shall prepare and issue a written follow-up communication to the complainant that either confirms or adjusts the preliminary response or provides the county's revised corrective action plan.

2.7. Counties that receive lAQ complaints are encouraged to seek assistance from local, state, and federal agencies in both investigating the complaint and in forming the corrective action plan. Upon request, WVDE heating, ventilation, and air conditioning technicians are available to provide technical assistance in resolving lAQ complaints. It is recommended that technical assistance in resolving an lAQ complaint be requested as soon as possible upon receipt of an lAQ complaint.

2.8. The appeal process is completed upon issuance of the lAQ Committee's final response.

W. Va. Code R. § 126-174-2