Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. The WVBE shall
provide the Legislative Oversight Commission on Education Accountability
(LOCEA) with an annual forecast of policies it anticipates promulgating or
revising and shall update the forecast monthly.
3.2. Each proposed policy shall be placed on
public comment and review for a period of time that extends at least 30 days
from the date the proposed policy is filed with the Secretary of State in the
state register pursuant to W. Va. Code §29A-3B-4(a).
3.3. Each proposed policy shall be submitted
to the LOCEA pursuant to W. Va. Code §18-2-5a and §29A-3B-9.
3.3.a. The LOCEA submission shall contain:
1) the full text of the policy as proposed by
the WVBE and filed with the office of the Secretary of State, with new language
underlined and with language to be deleted from any existing policy stricken
through but clearly legible;
2) a
brief summary of the content of the policy and a description and a copy of any
existing policy that the WVBE proposes to amend or repeal;
3) a statement of the circumstances which
require the policy;
4) a fiscal
note containing all information included in a fiscal note for either house of
the Legislature and a statement of the economic impact of the policy on the
state or its residents;
5) a
description of stakeholder involvement in the development of the policy;
and
6) any other information which
the LOCEA may request or which may be required by law.
3.3.b. The LOCEA may, at its discretion, hold
public hearings regarding a proposed policy, may request additional information
regarding any aspect of the proposed policy, and may appoint a sub-committee to
meet with the State Superintendent or designee(s) to further review the
proposed policy. The LOCEA review shall include, but not be limited to, a
determination of:
1) whether the WVBE has
exceeded the scope of its statutory authority in approving the proposed policy;
2) whether the proposed policy is
in conformity with the legislative intent of the statute that the policy is
intended to implement, extend, apply, interpret, or make specific;
3) whether the proposed policy conflicts with
any other provision of W. Va. Code or with any other rule adopted by the same
or a different agency;
4) whether
the proposed policy is necessary to fully accomplish the objectives of the
statute under which the proposed policy was promulgated;
5) whether the proposed policy is reasonable,
especially as it affects the convenience of the general public or of persons
particularly affected by it;
6)
whether the proposed policy could be made less complex or more readily
understandable by the general public;
7) whether the proposed policy was
promulgated in compliance with the requirements of this article and in
compliance with any requirements imposed by any other provision of W. Va. Code;
and
8) any other matter relating to
the proposed policy with which the LOCEA has concern.
3.3.c. After reviewing the proposed policy,
the LOCEA may recommend to the WVBE any changes needed to comply with the
legislative intent of the statute upon which the policy is based or otherwise
to modify the activity subject to the policy, or may make any other
recommendations to the WVBE as it considers appropriate.
3.4. Notification of proposed policies also
will be sent to interested parties, inclusive of county board of education
offices and media outlets at the time each policy is placed on public comment.
Proposed policies and directions for submitting comments shall be maintained on
the West Virginia Department of Education (WVDE) website.
3.5. All public comments received on a
proposed policy will be reviewed by the WVBE and the WVDE prior to the proposed
policy's final consideration. A log of all comments received along with a
response to each comment shall be maintained by the WVBE and filed with the
Secretary of State upon adoption of the policy.
3.6. Upon final adoption of a policy, the
WVBE shall submit, to the LOCEA, the final policy along with any
amendments.
3.7. All active
policies shall be publicly available and maintained on the WVDE
website.
3.8. The WVBE may suspend
the comment and review period in the case of an emergency as per W. Va. Code
§29A-3B-10.
