Each county board may by policy establish an exceptional needs fund from surpluses for students who are likely to perform better outside of the public school setting. The policy may include:(1) Allowing the county board to use excess funds or donated funds for expenditures related to services and materials necessary for that students educational success that are not met within the public education school district;(2) The amount of funds that is to be deposited into the fund each year which may vary based on availability of surpluses;(3) The qualifying expenses that funds in the fund may be used for;(4) Measures for protecting against improper use of the funds which may include auditing all expenditures related to an individual student for services outside of the public education district;(5) The conditions under which payments from the Exceptional Needs Success Fund are to cease;(6) Eligibility requirements for education service providers that can accept payments from the fund;(7) A requirement that any overpayments recaptured from refunded expenditures revert to the Exceptional Student Success Fund; and(8) Any other provision the county board determines appropriate.
West Virginia Legal Code