126-3A-1. General.

1.1. Scope. -- This policy establishes the procedure for meeting rule-making requirements imposed by law plus additional requirements for public comment, distribution, and processes adopted as procedure by the state board of education including rules of practice before the board, together with forms and instructions. (West Virginia Code 29A- 3B-2 )

1.2. Authority. -- Art. XII, 2, Constitution of West Virginia; W.Va. Code 18-2-5a and 29A-3B-1 et seq.

1.3. Filing Date. - January 10, 2002

1.4. Effective Date. - February 9, 2002

1.5. Repeal of Former Rule. This procedural rule repeals and replaces Legislative Rule WV 126CSR3A "State Board of Education Policy Making Process" filed and effective November 30, 1989.

126-3A-2. Rationale.

2.1. Every rule and regulation (including any amendment of a rule to repeal any other rule) shall be promulgated by the West Virginia Board of Education only in accordance with West Virginia Code 18-2-5a and 29A-3B-1 et seq. and with this policy.

126-3A-3. Procedures.

3.1. The state board of education reviews and approves a proposed policy for public comment and review.

3.2. Each proposed policy shall then be placed on public comment and review for a period of time that extends at least thirty (30) days from the date the proposed policy is filed with the Secretary of State in the state register pursuant to West Virginia Code 29A-3B-4(a). The proposed rule shall also be filed with the West Virginia Legislative Oversight Commission on Education Accountability pursuant to West Virginia Code 18-2-5a and 29A-3B-9.

3.3. Proposed policies are to be sent to interested parties, inclusive of county board of education offices and RESA centers, where they shall be made accessible to the public.

3.4. All public comments received on a proposed policy are to be reviewed by the state board and the state department of education prior to the proposed policy's final reading.

3.5. Regional public hearings on major education policies may be held at the state board's direction in addition to the public comment and review period.

3.6. The state board may suspend the comment and review period in the case of an emergency as per West Virginia Code 29A-3B-10.

126-3A-4. Definition.

4.1. Policy as used by the state board of education shall mean a "rule" or "... a regulation, standard statement of policy or interpretation of general application and future effect". (West Virginia Code 18-2-5a)

126-3A-5. System of Maintenance, Distribution and Publication.

5.1. A comprehensive system shall be adopted by the state board of education to maintain, publish, and distribute all policies and to ensure that all applicable laws, regulations and policies are fully observed.

5.2. An employee of the state department of education shall be named who shall be responsible for the implementation of the system.

5.3. Policies shall be made available to the public in paper and/or electronic format.