W. Va. Code R. § 126-188-6 - [Effective 7/12/2025] State-Level Formal Complaints

6.1. Within 15 days of receiving the county superintendent's written decision, an unsatisfied complainant may submit a state-level formal complaint in writing to the State Superintendent using the form available on the WVDE website. The complainant shall submit all school-level and county-level formal complaints, written decisions, and related documentation with the state-level complaint form. If a formal hearing was held at the county level, the complainant shall provide the complete record of the proceedings, including the audio recording and any exhibits introduced into evidence. The complainant may submit additional information to support the claims made by the school-level and county-level formal complaints, but may not introduce new allegations.

6.2. The State Superintendent shall acknowledge receipt of the formal complaint and advise the complainant of any missing documentation or information. Upon receipt of a complete formal complaint, the State Superintendent will review the formal complaint and all documentation and may conduct any additional investigation the State Superintendent deems appropriate. The State Superintendent may consult with the county superintendent who issued the county-level written decision to confirm that the documentation submitted by the complainant is complete.

6.3. Within 30 days of receipt of a complete state-level formal complaint, the State Superintendent shall provide a written decision to the complainant. If the formal complaint involves a matter outside the State Superintendent's jurisdiction, the State Superintendent may refer the complaint to the appropriate agency or entity with jurisdiction over the matter.

6.4. The written decision of the State Superintendent shall be final.

6.5. Following a written decision by the State Superintendent, the State Superintendent may implement any of the following corrective actions:

6.5.a. Corrective Action Plan. The State Superintendent may provide the county board with corrective activities and technical assistance to ensure compliance within a given timeline.

6.5.b. Referral for Special Circumstance Review. The State Superintendent may direct the WVDE Office of Accountability to conduct a special circumstance review in accordance with W. Va. Code §18-2E-5 and W. Va. 126CSR188, Policy 2322, West Virginia System of Support and Accountability (Policy 2322).

Notes

W. Va. Code R. § 126-188-6