W. Va. Code R. § 126-36-13

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 126-36-13 - Appeal Procedure

13.1. The decision of the IMAC to exclude a publisher's instructional resource, print or electronic, including the student edition, teacher's edition, bid, or any accompanying instructional materials from the Official State Multiple List of Instructional Materials will be transmitted by email and mail to the publisher by the WVDE.

13.2. A publisher that wishes to contest the decision to exclude his instructional materials on the Official State Multiple List of Instructional Materials may file a letter of appeal requesting an appeal hearing.

13.3. The letter of appeal shall be sent by the publisher via certified mail or hand carried by a company representative or by a designee of the company to the Office of the West Virginia State Superintendent of Schools. An email stating the intent to file an appeal must also be sent to the WVDE Coordinator of Instructional Resources.

13.4. The letter of appeal must be received by the State Superintendent within ten business days of the notice to exclude the publisher's materials from the Official State Multiple List of Instructional Materials.

13.5. Failure to file an appeal within the ten business days of the notification to exclude the publisher's materials shall be considered a forfeiture of the right to appeal.

13.6. Appeal Format: a publisher shall identify in writing to the State Superintendent each condition relative to the Appeal Bases (See Section 11.2) on which the appeal is based. The publisher shall provide evidence to support contentions relative to the Appeal Bases.

13.7. Initiation of the Appeal: The State Superintendent shall receive the publisher's request for an appeal hearing and will accept or reject the request not later than five working days following the receipt of the appeal.

13.8. The Letter of Appeal shall include the following information:

13.8.a. Name of Publisher

13.8.b. Mailing Address/Zip Code of Publisher

13.8.c. Telephone of Publisher

13.8.d. Email Address of Publisher

13.8.e. Specification of the instructional materials resource/program, series, student edition, teacher's edition/manual and/or other instructional material being appealed

13.8.f. Specification of alleged errors related to Appeal Bases (See Section 11.2) and supporting data.

W. Va. Code R. § 126-36-13