W. Va. Code R. § 126-29-3 - Procedures

The following procedures are established for county boards of education to apply for exceptions from the State Superintendent of Schools:

3.1. Each school shall calculate its school wide teacher pupil ratio so that a determination can be made as to whether or not the county must apply for an exception to the teacher-pupil ratio policy for that school. Schools shall calculate their school wide teacher-pupil ratio for grades 1-6 as follows:

(a) Calculate the total net enrollment for grades 1-6.

(b) Calculate the full time teacher equivalents (FTE) for grades 1-6.

(c) Dividing the total net enrollment by the total full time teacher equivalents.

3.2. If the schoolwide teacher-pupil ratio at any school exceeds 25 to 1 and that school has classrooms which exceed the maximum ratios outlines in W. Va. Code '18-5-18a, request for exceptions shall be made to the State Superintendent of Schools. Provided, that a teacher shall not have more than three pupils above the teacher-pupil ratio established in W. Va. Code '18-5-18a.

3.3. Counties may only apply for exceptions to the teacher-pupil ratio requirements under certain extraordinary circumstances. Extraordinary circumstances are hereby defined as situations which place unreasonable burdens or hardships on a county board of education. Extraordinary circumstances include, but are not limited to, situations where:

3.3.A. The number of available classrooms is inadequate and a realignment of school attendance zones will not solve the problem.

3.3.B. Placing children in existing but less crowded classrooms will result in split grades in excess of the allowable number for the county.

3.3.C. Students have been assigned to classrooms and there is an unexpected increase in student population which causes class enrollment to exceed the statutory ratio.

3.3.D. Other catastrophic events occur which are beyond the power of the local board to control such as fire, flood or other damage to existing classroom space or facilities.

3.4. Requests for exceptions will be reviewed by the West Virginia Department of Education. Additional information may be solicited and, if necessary, an on-site study may be conducted. The decision to approve or reject exception requests will be made by the state superintendent of schools within a reasonable period of time and will be communicated in writing to the County Board of Education.

Notes

W. Va. Code R. § 126-29-3