West Virginia Code § 18-5-48

Safety and security measures for school facilities; Safe Schools Fund
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created.
(a) Each county board of education, public charter school, and multicounty vocational center
shall annually assess the safety and security of each of the school facilities for which they
are responsible. Safety and security measures of each facility shall be upgraded when
necessary to ensure, to the best of the county board's, public charter schoole governing
board's or multicounty vocational center administrative council's ability, the safety of the
students within each facility. Each county board of education, public chrarter school
governing board, and multicounty vocational center administrative council shall report
annually the safety and security measures it has put in place, including upgrades thereto, to
the State Department of Education. Annually, the State Department of Education shall
compile the information received and report it to the Legislattive Oversight Commission on
Education Accountability.
(b) As used in this section, "safety and security measures" means action taken by a county
board of education, a public charter school, or multicounty vocational center that improves
the security of a school facility and the safety sof the students within such facility, including,
but not limited to, hiring a school resource officer, installing weapon detection systems,
upgrading facility doors or windows.
(c) There is hereby created in the State Treasury a special revenue fund to be known as the
Safe Schools Fund. The fund sehall consist of all moneys received from legislative
appropriations and other sources to further the purpose of this section: Provided, That
annually, the West VirgiLnia Department of Education shall request an appropriation based
on the requests of the county boards of education, public charter school governing boards
and multicounty vocational center administrative councils. Subject to legislative
appropriation, the funds appropriated annually to the School Safety Fund shall be
distributed to the county boards of education, public charter schools, and multicounty
vocational centers, on the basis of need. Moneys distributed from this fund shall not be used
to mWake permanently affixed improvements, alterations or additions to a physical facility that
a county board of education, public charter school or multicounty vocational center does not
own. If the West Virginia Department of Education distributes any moneys from this fund for
the purpose of making safety improvements on or in a facility that is not owned, it shall
require that the improvements be accomplished in such a manner that they may be removed
with minimal effort. All moneys distributed from this fund shall be used to support the
purpose and intent of this section and all moneys must be spent to support the school for
which the funding was derived: Provided, however, That moneys distributed from this fund
also may be used for the purposes of § 18-20-11 of this code, relating to video cameras in
certain special education classrooms. Until such time as all school facilities are in full
compliance with the special education video requirements, the West Virginia Department of
Education shall first allocate the funding appropriated for the Safe Schools Fund based on
the remaining need for video cameras in public school facilities. After all public school
facilities have been provided sufficient funds to meet the special education video camera
requirements, the funds shall be distributed by the West Virginia Department of Education
to meet the needs of school facilities to have safe school entry ways. After safe school entry
way needs have been met, the West Virginia Department of Education shall distribute funds
based upon a determination of need. Any moneys remaining in the fund at the close of the
fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be
invested with the state's Consolidated Investment Fund and any and all interest shall be
used solely for the purposes that moneys deposited in the fund may be usede pursuant to this
article.
(d) The West Virginia Board of Education shall promulgate rules pursuant to § 29A-3B-1 et
seq. of this code to establish a process by which county boards of education, public charter
school governing boards and multicounty vocational center administrative councils may
submit requests to obtain needs-based funding from the Safet Schools Fund. Such rules shall
address:
(1) The manner, time line and process for the submission of a request;
(2) The criteria by which requests shall be evasluated and prioritized; and
(3) Any other matters deemed necessary toi further the goals of this article.

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