W. Va. Code R. § 126-35-4 - County Responsibilities

4.1. Each county board shall furnish free of charge the necessary instructional resources to students attending the public schools in that county. A county board choosing to furnish electronic instructional resources to its students and teachers shall provide reasonable access to these resources and the necessary computer equipment to students for completing assignments that require using the resources and equipment. All instructional resources furnished as provided in this section shall be the property of the county board and loaned to students and teachers on terms as each county board prescribes.

4.2. Every county board shall adopt a policy regarding the adoption of instructional resources which shall include, at a minimum, the following:

4.2.a. the process for reviewing instructional resources to ensure the resources meet all the non-negotiable requirements established by the WVBE and cover no less than 80 percent of the required content and skills for a subject as approved by the WVBE. A county board may rely on an instructional material review completed by the West Virginia Department of Education (WVDE) to fulfill this requirement;

4.2.b. the composition, duties, and responsibilities of the county's IRRC;

4.2.c. the process for recommending instructional resources that are proposed for adoption;

4.2.d. at a properly noticed meeting, the county board's determination by a majority vote of all members elected which instructional resources shall be required in the schools under its control; and

4.2.e. an annual report of instructional resources adopted submitted to the WVBE by June 1.

4.3. The State Superintendent of Schools (State Superintendent) shall annually provide to all county boards a list of all vendors that have provided a statement in accordance with section 6. This list shall be called the West Virginia List of Registered Vendors of Instructional Resources.

4.4. A county board may not adopt or cause to be used in the public schools any instructional resource unless the person, firm, or corporation offering the instructional resource for adoption or use has registered with the WVDE and complied with this section.

4.4.a. If a county board wishes to use free-of-charge, Open Educational Resources (OER), or county board-created primary instructional resources, the county board must complete the Vendor Registration to appear on the West Virginia List of Registered Vendors of Instructional Resources for these materials created. The county board must provide alignment and review documentation for materials adopted to ensure the resources meet requirements in section 4.2.a.

4.4.a.1. The county will ensure any OER instructional resources adopted shall meet the accessibility guidelines found in section 8.

4.5. If a person, firm, or corporation files a statement to provide instructional resources and fails or refuses to furnish the instructional resources to any county board in accordance with the terms provided in the statement, the county board at once shall notify the State Superintendent of the failure or refusal. If the State Superintendent verifies the failure or refusal, the State Superintendent shall disqualify the person, firm, or corporation and notify each county board that the providers of instructional resources may not thereafter be adopted and purchased by any county board until the person, firm, or corporation is requalified.

4.6. This policy does not apply to the purchase of supplementary instructional resources, including, but not limited to, reading books, library books, reference books, or other supplementary instructional resources. These supplementary instructional resources shall be ordered, received, examined, and paid for in the same manner and by the same persons as other supplies and equipment.

4.7. A county board member or employee may not act as sales agent or benefit personally by sales, either directly or indirectly, for any person, firm, or corporation that files an instructional resources statement with the State Superintendent.

4.8. All contracts for instructional resources will be between the county board and the vendor.

Notes

W. Va. Code R. § 126-35-4