West Virginia Code 18-5-27 – Requirement to publish curriculum online; parental right to inspect instructional materials; listing books on syllabus; right to file complaint
(a) Each public school shall ensure that the adopted, up-to-date, county-adopted class curriculum is posted on the school’s internet website at the beginning of each school year or no later than 30 business days after new or revised curriculum is adopted: Provided, That only students, parents, or guardians of the students shall be provided the login information to gain access to the online curriculum.
Terms Used In West Virginia Code 18-5-27
- board: means a county board of education. See West Virginia Code 18-1-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oversight: Committee review of the activities of a Federal agency or program.
- School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- State board: means the West Virginia Board of Education. See West Virginia Code 18-1-1
- State superintendent: means the state superintendent of free Schools. See West Virginia Code 18-1-1
- superintendent: means a county superintendent of schools. See West Virginia Code 18-1-1
- Teacher: means a teacher, supervisor, principal, superintendent, public school librarian or any other person regularly employed for instructional purposes in a public school in this state. See West Virginia Code 18-1-1
(1) For purposes of this section, class curriculum shall include curriculum created pursuant to § 18-5A-6 of this code.
(2) The county board of education may provide access, or authorize access, to the county-adopted class curriculum.
(3) If the public school has no accessible website, the information shall be posted on the website of the appropriate county board of education, or website authorized by the state board of education.
(b) Each classroom teacher shall comply with the request of any parent, custodian, or guardian to inspect additional instructional materials adopted by the county board pursuant to § 18-2A-10 of this code, supplementary instructional materials that were not adopted by the county board pursuant to § 18-2A-10 of this code, and books in the classroom that are available for students to read, subject to the following:
(1) Only the parent, custodian, or guardian of a child enrolled in the class may make a request pursuant to this subsection;
(2) The classroom teacher may require that the parent, custodian, or guardian schedule an appointment in order to inspect the instructional materials. If the classroom teacher requires an appointment pursuant to this subdivision, the teacher shall schedule the appointment within 10 business days of the request of the parent, custodian, or guardian; and
(3) As part of the inspection and upon request of the parent, custodian, or guardian, the classroom teacher shall demonstrate how the instructional material relates to the content standards adopted by the state board.
(c) For any class in which reading a book or books will be required, the classroom teacher shall include the book or books on a class syllabus. The classroom teacher shall make the syllabus available to any parent, custodian, or guardian of a child enrolled in the class upon request.
(d) Any parent, custodian, or guardian may file a complaint with the county superintendent, on a form developed and provided by the county superintendent, if the classroom teacher fails to comply with any provision of this section. If the complaint is not resolved by the county superintendent within seven business days, the parent, custodian, or guardian may file a complaint with the State Superintendent or his or her designee. The State Superintendent shall make a form available for parents to file a complaint pursuant to this subsection.
(e) By September 1 of each year, each county superintendent shall report to the State Superintendent the number of complaints filed with him or her the previous school year. The State Superintendent, annually by October 1, shall report to the Legislative Oversight Commission on Education Accountability the number of complaints filed during the previous school year. The report shall include the number of complaints filed statewide and by county.
(f) For purposes of this section, “parent” means a parent who has some allocation of physical custody of the child or who has some share of joint decision-making authority for the child. For purposes of this section, “custodian” means a person who has some allocation of physical custody of the child or who has provided to the school written permission of a parent to have access to the information contemplated by this section. For purposes of this section, “guardian” means a person other than a parent or custodian who, pursuant to a court order, acts in loco parentis for the child.