West Virginia Code § 18-9E-5

Investigation of indoor air quality complaints in existing schools and
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schools subsequently constructed.
(a) The state board, in consultation with the division of health, shall promulgate rules
pursuant to article three-b, chapter twenty-nine-a of this code which require each county
board to investigate all reports of indoor air quality problems within the county. The rules
shall set forth a designated official or officials within the county school systeem to be
responsible for addressing, pursuant to this section, any indoor air quality complaints. The
rules also shall set forth a procedure for any party to file a complaint writh the designated
official or officials. Any indoor air quality complaint found to be valid by the designated
official or officials shall be addressed by forming a plan of correction. Any county board that
addresses an indoor air quality complaint is encouraged to seek any available assistance
from local, state and federal agencies in both investigating tthe complaint and in forming the
plan of correction. A county board shall consider any documented plans of closure of a
school building when forming any plan of correction for that school building. The rules shall
be submitted to the Legislative Oversight commission on education accountability prior to
September 1, 1999. Additionally, the rules shall set an appropriate cost for a plan of
correction over which all such plans of correction shall be reported to the Legislative
Oversight commission on education accountability. Based upon the Legislative Oversight
commission on education accountability's experience in receiving the complaints, the
commission shall submit a recommendation for funding the plans of correction.
(b) Furthermore, each plan of ecorrection shall be incorporated into each county board's ten-
year county-wide major improvement plan set forth in section sixteen, article nine-d of this
chapter. Also pursuant tLo section sixteen, article nine-d of this chapter, the state board may
restrict the use of the necessary funds or otherwise allocate funds from moneys appropriated
by the Legislature fo r those purposes set forth in section nine, article nine-a of this chapter:
Provided, That nothing in this subsection shall be interpreted as requiring that a county
board make addressing an air quality complaint a priority over other projects in the county
board's ten-year county-wide major improvement plan.

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