126-174-1. General.

1.1 Scope.-This legislative rule requires each county board to investigate indoor air quality complaints in existing and schools subsequently constructed(H.B.2401, 18-9E-5.). Furthermore, this rule also provides: 1)each county will designate an official or officials who will be responsible for addressing any indoor air quality complaint; 2)set forth a policy for any party to file a complaint with the designated official or officials; 3)any indoor air quality complaint found to be valid by the designated official or officials shall be addressed by forming a plan of correction; 4)a county board should consider any documented plans of closure of a school building when forming any plan of correction; 5) each plan of correction shall be incorporated into the county board's ten-year county-wide major improvement plan.

1.2. Authority.-W.Va. Constitution, Article XII, 2; W.Va. Code 18-2-5 and 18-9E-3.

1.3 Filing Date.-- October 13, 1999

1.4 Effective Date.-- November 13, 1999

126-174-2. Program Regulation.

2.1. When an indoor air quality complaint is filed by any party it will be necessary to complete and file with the principal of the specific school where there is a concern an Indoor Air Quality Complaint Investigation Form(WVDE IAQ 1 7/77).

2.2. The principal of the facility may investigate the complaint and respond to the complainant within ten(10) working days of the initial filing or the principal may convene the school's Indoor Air Quality Investigation Advisory Committee consisting of seven individuals. The following is a recommended list of IAQ committee members: the principal, the county superintendent or designee, the county facilities/maintenance director(which should also be the county's designated official), the complainant, a faculty senate member, a school custodian, and a local school improvement council member. The complainant may check on the status of the complaint any time during this process.

2.3. If not satisfied with the principal's response and the Indoor Air Quality Investigation Advisory Committee has not addressed this specific complaint the complainant may, within five(5) working days, ask the principal for the complaint to be reviewed by the Indoor Air Quality Investigation Advisory Committee.

2.4 The Indoor Air Quality Investigation Advisory Committee then has ten(10) working days to review and respond via the principal as to the status and plan of correction on the Indoor Air Quality Investigation Form to the complainant. The complainant may check on the status of the complaint at any time during this process. This review will finalize the complainant's school system appeal procedure.

2.5. The local board will: 1) assign a log number for each complaint filed with the principal; 2) provide a plan of correction and estimated cost for each valid complaint; 3) annually, before the thirty-first day of July, send to the West Virginia Department of Education, Office of School Transportation and Facilities a report on the number of IAQ complaints and the total estimated cost of correction for all IAQ complaints registered during the previous fiscal year; 4) each plan of correction that meets the required criteria shall be added to the county boards's ten year county-wide major improvement plan.