West Virginia Code § 18-31-9

Administration of Hope Scholarship accounts
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(a) In addition to the duties, obligations, and authority stated in this section and in other
parts of this article, the board has the following duties, obligations, and authority with
respect to the administration of Hope Scholarship accounts:
(1) To maintain an updated list of participating schools and shall ensure that the list is
publicly available through various sources, including the internet;
(2) To provide parents with a written explanation of the allowable uses of Hope Scholarship
funds, the responsibilities of parents, the duties of the board andu the role of any private
financial management firms or other private organizations that the board may contract with
to administer the Hope Scholarship Program or any aspect of the program; and
(3) To ensure that parents of students with a disabilitya receive notice that participation in
the Hope Scholarship Program is a parental placement under 20 U.S.C. § 1412 of the
Individuals with Disabilities Education Act (IDEA) allong with an explanation of the rights
that parentally placed students possess unders (IDEA) and any applicable state laws and
regulations.
(b) The board may contract with private organizations to administer the Hope Scholarship
Program. This includes, but is not limited to, private financial management firms to manage
Hope Scholarship accounts.
(c) The board shall implement, or contract with a private organization to implement, a
commercially viable, cost effective, and parent-friendly system for payment for services from
Hope Scholarship accounts to participating schools or education service providers,
including, but not lim ited to, the use of debit cards or other electronic or online fund
transfers: ProVvided, That a Hope Scholarship account may not be reduced for debit card or
electronic payment fees.
(d) The board shall also seek to implement a commercially viable, cost-effective, and parent-
friendly system for publicly rating, reviewing, and sharing information about participating
schools and education service providers, ideally as part of the same system that facilitates
the electronic or online funds transfers so as to create a one-stop-shop for parents and Hope
Scholarship students.
(e) If an education service provider requires partial payment of tuition or fees prior to the
start of the academic year to reserve space for a Hope Scholarship student admitted to the
education service provider, such partial payment may be paid prior to the start of the school
year in which the Hope Scholarship is awarded, and deducted in an equitable manner from
subsequent Hope Scholarship deposits to ensure adequate funds remain available
throughout the school year; but if a Hope Scholarship student decides not to use the
education service provider, the partial reservation payment must be returned to the board
by such education service provider and credited to the student's Hope Scholarship account.
(f) The board may accept gifts and grants from any source to cover administrative costs, to
inform the public about the Hope Scholarship Program, or to provide additional funding for
Hope Scholarship Accounts.
(g) The board may propose legislative rules for legislative approval pursuant to §29A-3-1 et
seq. of this code, including emergency rules, if necessary, to meet timelines set forth in this
article, that are not inconsistent with this article and that are necessary for ethe
administration of this article, including:
(1) Establishing or contracting for the establishment of a fraud reporting system;
(2) Policies that require a surety bond for education service providers receiving more than
$100,000 in Hope Scholarship funds;
(3) Procedures for refunding payments from educationa service providers back to Hope
Scholarship accounts; and
(4) Procedures for entering into reciprocal agreements with other state education savings
account agencies or entities, whether public or private, to recognize and allow education
service providers approved in other statesi to receive payments from Hope Scholarship
accounts under this article.
(h) The rules or policies adopted by the board should avoid excessive bureaucracy and overly
prescriptive mandates and instead shall focus on encouraging participation in the program
and encouraging education service providers to provide parents and Hope Scholarship
students with a broad array of educational options.

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