W. Va. Code R. § 126-188-4 - [Effective 7/12/2025] School-Level Formal Complaints

4.1. A member of the public may file a formal complaint with a school principal alleging a violation of a State Law. Formal complaints shall be submitted using the school-level complaint form published by the WVDE and available on the school website. The formal complaint shall include all information necessary for the school principal to process the complaint, including but not limited to the complainant's name and contact information, a clear description of the allegation, a specific citation to the State Law at issue, relevant supporting documentation, and any prior steps taken to address the issue.

4.2. The school principal, upon receipt of the formal complaint, shall acknowledge receipt of the formal complaint and advise the complainant of any missing documentation or information. Within five days of receipt of a complete formal complaint, the school principal will hold an informal conference with the complainant in person, by phone, or by videoconference. If the complainant is unavailable to participate in the informal conference at the time proposed by the school principal, or if the complainant does not respond to the school principal's attempt to schedule, the deadline to hold an informal conference will be extended until the complainant agrees to a time proposed by the school principal.

4.3. The school principal shall provide a written decision within 10 days of the informal conference.

4.4. The school principal shall ensure resolutions that adhere to local, state, and federal law and fall within the scope of their authority. If the school principal believes that additional financial or other resources are required to implement a resolution, the school principal shall obtain the approval of the county superintendent before implementing the proposed resolution.

4.5. If the complainant is satisfied with the school principal's written decision, the formal complaint is resolved, and the formal complaint process stops at the school level. A complainant who is not satisfied may proceed to the county-level formal complaint process.

4.6. If the actions of the school principal are the primary subject of the formal complaint, the complainant may file the formal complaint directly with the county superintendent. If the county superintendent, upon reviewing the formal complaint, deems that the formal complaint is appropriate for the school principal to handle, the county superintendent may direct the complainant to file a school-level formal complaint.

Notes

W. Va. Code R. § 126-188-4