W. Va. Code R. § 126-13-2 Overview

LibraryWest Virginia Administrative Code
Edition2023
CurrencyCurrent through Register Vol. XL, No. 52, December 28, 2023
CitationW. Va. Code R. § 126-13-2
Year2023

2.1. The West Virginia Constitution charges the WVBE with the general supervision of public schools. This duty of general supervision is subject to many factors, including, but not limited to:

    2.1.a. The resolution of the landmark case of Pauley vs Bailey1, wherein the WVBE, the West Virginia Legislature, the Governor, and the State Superintendent of Schools adopted "A Process for Improving Education," the blueprint for a standards-based accountability system for West Virginia, hereinafter System.
    2.1.b. The adoption by the Legislature of W. Va. Code § 18-2E-5 intended to implement the provisions of the System; and
    2.1.c. The adoption by the WVBE and approval by the United States Department of Education of a waiver to the terms of the "No Child Left Behind" Act of Congress, hereinafter Act. The Act and the waiver relate to many areas of the state education system, but for the purposes of this policy, the principal impact of the Act is on school accountability. The Act becomes void August 1, 2016 due to the reauthorization of the Elementary and Secondary Education Act (ESEA) defined as the Every Student Succeeds Act (ESSA). 2016-2017 will be a transition year and ESSA will becomefully effective in the 2017-2018 school year.

2.2. The WVBE is charged with implementing the details of the entire standards-based accountability system, and in 2013, the Legislature amended W. Va. Code § 18-2E-5 in part to provide the WVBE the flexibility it needs to administer the System within the mandates of both the State and Federal governments. Among the many things the WVBE must do to administer the standards-based accountability system are the following:

    2.2.a. Establish high academic standards and high-quality process standards;
    2.2.b. Adopt and administer assessments to measure achievement of the academic standards and compliance with the...

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