Bill > HB2755

This bill provides a detailed framework for how the West Virginia Board of Education can promulgate and submit rules for legislative review, emphasizing the Legislature's constitutional authority over education. The bill clarifies that while the Board of Education can create rules under its supervisory duties, these rules must be submitted to the Legislature for review, approval, amendment, or rejection. Specifically, the Board must submit proposed rules to the Legislative Oversight Commission on Education Accountability, including the full text of the rule, a summary, a statement of circumstances, and a fiscal note. The Commission has broad discretion to review these rules, checking whether they exceed statutory authority, conform to legislative intent, are necessary, reasonable, and were promulgated correctly. The bill also establishes procedures for emergency rules, which can be implemented immediately but are subject to strict time limits and review, with a maximum effectiveness period of 15 months. Additionally, the bill reinforces the Legislature's ultimate authority over educational rulemaking by allowing it to approve, modify, or reject rules, and provides mechanisms for ongoing legislative oversight of both proposed and existing educational rules.

Education, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2755&year=2025&sessiontype=RS&btype=bill