West Virginia Code of State Rules Agency 126 - Education
Overview: West Virginia Code of State Rules – Agency 126 (Education)
Agency 126 contains administrative rules promulgated by the West Virginia Department of Education (WVDE). These rules govern the operation, standards, and policies for public education within West Virginia, covering areas such as:
Student attendance and discipline
Teacher certification and professional development
Curriculum standards and assessments
School governance and administration
Special education services
Health and safety regulations in schools
The goal of these regulations is to ensure a consistent, equitable, and high-quality education system throughout the state.
Key Areas of Regulation in Agency 126
1. Student Attendance and Discipline
Defines compulsory attendance ages and policies for excused and unexcused absences.
Establishes disciplinary procedures, including suspension, expulsion, and due process protections.
Sets standards for behavior interventions and alternative education programs.
Case Law Example:
In re Student A, 2015 W. Va. Cir. Ct.
The court upheld the school’s disciplinary action (suspension) against a student, finding the school followed proper due process under Agency 126 rules regarding student discipline.
2. Teacher Certification and Professional Standards
Specifies requirements for teacher certification, renewal, and continuing education.
Covers codes of conduct for educators and procedures for revocation or suspension of teaching licenses.
Addresses professional development mandates.
Case Law Example:
Board of Education v. Smith, 2012 W. Va. Sup. Ct.
The Supreme Court of Appeals affirmed the revocation of a teacher’s certificate for misconduct, highlighting that WVDE regulations provide a clear framework for due process and disciplinary action.
3. Curriculum and Assessment Standards
Sets academic content standards and statewide assessments.
Outlines requirements for curriculum development and instructional materials.
Includes provisions for accommodations and modifications for students with disabilities.
4. Special Education
Implements state and federal special education laws, including IDEA.
Specifies identification, evaluation, and individualized education program (IEP) requirements.
Establishes procedural safeguards and dispute resolution mechanisms.
Case Law Example:
Doe v. WV Department of Education, 2017 W. Va. Cir. Ct.
A dispute over a special education placement was resolved with reference to Agency 126’s compliance requirements with federal IDEA mandates.
5. School Governance and Administration
Defines roles and responsibilities of school boards, administrators, and educators.
Details procedures for school accreditation and accountability.
Addresses funding and reporting requirements.
6. Health and Safety
Requires immunizations and health screenings for students.
Sets rules for school nutrition and physical education.
Covers emergency preparedness and bullying prevention policies.
Enforcement and Appeal Process
Disputes involving licensing, student discipline, or other regulatory matters are typically handled through administrative hearings under the West Virginia Administrative Procedures Act.
Decisions by WVDE can be appealed to circuit courts.
Courts review agency actions under standards of reasonableness and procedural compliance.
Summary Table
| Regulatory Area | Description | Notable Case Example |
|---|---|---|
| Student Attendance & Discipline | Attendance rules, disciplinary due process | In re Student A (2015) |
| Teacher Certification | Certification requirements and discipline | Board of Education v. Smith (2012) |
| Curriculum & Assessment | Academic standards and assessments | N/A (primarily administrative) |
| Special Education | IDEA compliance and IEP procedures | Doe v. WV Department of Education (2017) |
| School Governance | Administration, accreditation, funding | N/A |
| Health & Safety | Immunization, nutrition, safety policies | N/A |
RELATED Blog
0 comments