W. Va. Code R. § 126-40-3 - Rules

3.1. An "exemption" will be granted when based on any expressed provision of Article 2A.

3.2. A request for exemption must fall in one of four categories:

a. The additional adoption of textbooks from the state multiple list not provided in the original county adoption;

b. The guaranteed use of textbooks for a period commensurate to the appropriate adoption grouping for textbooks adopted/purchased for use in grades 7-12 (middle childhood and adolescent education) prior to the approval of a state multiple list;

c. The continued use of textbooks from the most recently expired state multiple list with documentation assuring availability to each student enrolled in the class for the duration of the adoption period; and/or,

d. Requests not in the three (3) preceding categories will be reviewed on a case-by-case basis and shall be presented to the State Board for its determination.

3.3. Any student, instructed by an Individual Educational Program (IEP), under the rules and regulations for exceptional students, shall be excluded from any request provided herein.

3.4. Any request for an "exemption" must address the limitations imposed (if any) for the respective textbook adoption grouping and may exceed a period of six (6) years or be reduced to coincide with the adoption period of the respective subject area.

3.5. Comprehensive documentation must accompany each request approved by the county board of education as to meeting the specific needs of the learner(s), compatibility of different copyrighted editions in classroom instruction, and purchasing replacements to assure the availability of textbooks for the duration of the request.

3.6. A request for an "exemption" may be submitted to the State Superintendent of Schools only after it has been:

a. reviewed by the county textbook committee which was appropriate for the subject;

b. recommendation by the county superintendent of schools; and c. approved by the county board of education.

3.7. A county board of education shall not claim an "exemption" until it has the formal, written approval of the State Superintendent of Schools.

3.8. Upon approval, the "exemption" will become an official record for purposes of the county textbook adoption report, school utilization report, and county accreditation.

Notes

W. Va. Code R. § 126-40-3