(a) No teacher may be required by a principal or any other person to change a student’s grade on either an individual assignment or a report card unless there is clear and convincing evidence that there was a mathematical error in calculating the student’s grade.

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Terms Used In West Virginia Code 18-5-46

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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

(b) The teacher’s recommendation relating to whether a student should be promoted to the next grade level shall be a primary consideration when making such a determination.