Bill To Hand Legislature Control Over State Board Of Education Passes Senate

Senate Bill 705 aims to give the Legislature oversight and decision-making authority over the State Board of Education . 

Sen. Eric Tarr, R-Putnam, said the Board of Education is political, and should be under the control of elected officials.  

“We just talked about a DEI bill and talked about wokeness in our education system. If you don’t think politics is in our schools, open your eyes,” Tarr said. 

Sen. Charles Clements, R-Wetzel, said the legislature already passes a lot of legislation that affects schools in the state. He pointed to five bills the legislature had passed in that same floor session that directly affected education in the state. 

I still think that the people at home don’t want us messing with education, because we’re not educators, and we don’t know exactly how to educate,” Clements said. 

He said the bill focuses on the wrong things in West Virginia’s lagging educational system, and that it goes against what state voters have indicated they want. 

Sen. Amy Grady, R-Mason, is a public school teacher and the chair of the Senate Education Health Committee. She urged a no vote as well for reasons similar to those that Clements expressed. 

“I think that this sends the wrong message to our voters. I think it tells them that we think they got it wrong and we’re going to do it anyway,” Grady said. 

The bill passed with a slim margin, 19 for and 15 against. 

A similar bill, House Bill 2755, passed the house last week. 

House Lawmakers Eye Control Of State Schools

Several bills being considered by the legislature this year have reignited a long-running debate about who has ultimate control over the state’s schools. 

Several bills being considered by the legislature this year have reignited a long-running debate about who has ultimate control over the state’s schools. 

House Bill 2548 would bring the West Virginia Department of Education (WVDE) under rulemaking review of the legislature. Critics of the bill have likened it to Amendment 4, which voters rejected in a ballot measure during the 2022 general election.

However, Wednesday afternoon, a committee substitute substantially changed the bill, shifting focus to the state superintendent specifically and granting oversight to the Legislative Oversight Commission on Educational Accountability, the interim committee better known as LOCEA.

Jim Brown, executive director for the West Virginia School Board Association, told the House Education Committee that the state superintendent is considered the executive of the state board of education, and the bill could still run afoul of the 1988 state supreme court ruling West Virginia Board of Education v Heckler.

“(The) West Virginia Supreme Court of Appeals ruled that rule making by the State Board of Education is within the meaning of general supervision of state schools pursuant to Article 12, section two of the West Virginia constitution, any statutory provision that interferes with such rule making is unconstitutional,” Brown said. 

Brown was joined in his concern by Dale Lee, president of the West Virginia Education Association. He ultimately declined to comment, not having been able to review the committee substitute prior to the committee’s meeting.

House Bill 2548 was advanced, at which point another bill seeking legislative oversight of state schools, House Bill 2755, was taken up for discussion.

Del. Mike Hornby, a Republican from Berkeley County, and the bill’s lead sponsor, said he believed the Heckler decision was made in error and code does allow for legislative supervision of state schools. 

Del. Mike Pushkin, a Democrat from Kanawha County, questioned whether Hornby was inviting legal action against the bill.  

“The way I understand it, you’re gonna run it anyway and see if somebody will go to court, and you think that you’ll get the Board of Education Heckler overturned? Is that the point of this bill?” Pushkin asked.

“Yeah, if we’re being honest, yeah,” Hornby replied.

Pushkin went on to ask why voters rejecting Amendment 4 in 2022 was not a sufficient decision on the issue.

“The Eastern Panhandle and my county, we absolutely voted for this, which is why I’m running this,” Hornby said. “I think there were other political figures and things that were happening in the state, and a lot of things were said about this. With four amendments on there, people didn’t understand what it was. And the people in my county are asking for this, and they asked for this every single day.”

Both bills will be up for a vote to advance them to the full House at the House Education Committee’s next meeting Friday.

Another County School District Is Placed Under State Control 

Mingo is the sixth county school district to be taken over by the state in less than three years.

The West Virginia Board of Education declared a state of emergency in Mingo County Schools at their monthly meeting Wednesday. 

Alexandra Criner, director of the Office of Accountability for the West Virginia Department of Education, said her office has received and responded to a plethora of calls, emails and letters dating back to 2022 relating to Mingo County Schools.

“The review is ongoing, but we were asked to provide an update to this board today on the findings,” she said. “Thus far to date, we have interviewed most of the central office staff and all five board members. We’ve also reviewed board meeting agendas, minutes and recordings, and we’ve received calls from various stakeholders in Mingo County.” Criner said.

Criner said a pattern has already emerged.

“When taken as a whole, this pattern of complaints and infighting amongst the adults paints a picture of a school system and most importantly, the children within that system, caught in a political crossfire,” she said. “The progress that has been made in academic achievement and the hard work of the students and staff have been overshadowed.”

Board member Paul Hardesty noted that this is now the third time Mingo County Schools has been placed under state control since 1998. 

“And the reason they took over, there’s a consistent theme, and all of that lies in number four of the superintendent’s recommendations, ‘that the Mingo County Board of Education failed to act on a statutory obligation which interrupted the day-to-day operations of the school system,’” he said. “That is a constant recurring fact in each of the takeovers of Mingo County Schools.”

The action comes just one month after the board declared a state of emergency for Pocahontas County Schools, and makes Mingo the sixth county to be taken over by the state in less than three years.

As part of the intervention, the board approved a request from Michele Blatt, the state superintendent, to remove the current county superintendent by June 30. Blatt will appoint a new superintendent for the district.

Other Business

Ahead of the administration of West Virginia General Summative Assessments this spring, the board also heard about the state’s new ‘View My Assessment’ portal. Vaughn Rhudy, director of the Office of Assessment for the West Virginia Department of Education, said students and parents previously had to wait until the fall to receive standardized test results in the mail.

“I’m pleased to announce that things will be different this spring,” Rhudy said. “For the West Virginia Summative Assessment in grades three through eight, shortly after students complete a content area test, the students and their parents will be able to log into an online portal and view their results. In fact, in most cases, the scores will appear the next day.”

Rhudy said families will not be able to see averages on the same timeline, but will also be able to see those numbers sooner than before.

“We don’t want to put that out right now, because that’s being suppressed until like June 30,” Rhudy said. “That’s going to constantly change as students complete the test, over the year, over the state, at different times that that information is going to change. And we don’t want that to be misleading.”

Board member Debra Sullivan asked how families without a computer could access test results from a portal. Rhudy said the portal can be accessed from any device with internet access, but test results will still be sent home via mail as before.

Blatt also took time to acknowledge the hard work of districts affected by flooding last month. She reported that Mingo and McDowell counties returned all schools to their traditional school schedules Tuesday.

The WVDE reports that staff supported these counties by providing guidance to ensure students and families were fed and had access to essential supports, as well as sending delegations to the counties to deliver goods and work in the relief shelters.

The next regularly scheduled WVBE meeting is 10 a.m., Wednesday, April 9, 2025, in Building 6, Suite 600, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

State Of Emergency Declared For Pocahontas County Schools, Updates Provided For Other State School Interventions 

The board approved the declaration at their monthly meeting Wednesday based on a report of on-site Special Circumstance Review conducted at Pocahontas County High School in the fall of 2024 at the request of County Superintendent Lynne Bostic.

The West Virginia Board of Education has declared a state of emergency for Pocahontas County Schools. 

The board approved the declaration at their monthly meeting Wednesday based on a report of on-site Special Circumstance Review conducted at Pocahontas County High School in the fall of 2024 at the request of County Superintendent Lynne Bostic.

The report outlines several areas of noncompliance with state school policy, including Principal Nicole Rose-Taylor’s inability to access footage from special education classrooms or release student transcripts due to lack of systems access.

“During the first onsite visit which occurred on October 22, 2024, the principal relayed she did not have access to review the cameras in the special education classrooms, as required by policy and code,” the report states. “The principal stated she had made central office staff aware that she needed access.”

The principal also requested access to the state transcript-sharing platform, but neither access issue had been corrected at the time of a second site visit Nov. 7.

The report indicates that many of the issues go back to staffing and leadership issues. Rose-Taylor was only hired in August 2024, and the school’s counselor left in September but according to the report “a qualified replacement has not been found.”

“The comprehensive school counseling program plan was not current at the time of the review,” said Alexandra Criner, director of accountability for the West Virginia Department of Education. She presented the report to the board Wednesday. “We did not have a certified school counselor employed, but it was evident from the review that the services had been lacking for some time.”

Criner also outlined issues with scheduling and student credits.

“Evidence indicated a student was transcribed inaccurate transfer credits, and that that may have been done as an intentional act and not as just a simple error,” she said.

Criner said that the report was ready for presentation at the board’s January meeting, which was cancelled due to inclement weather, and therefore the county and state department have already started working on some of the identified issues.

Key findings include:

  • No process to develop student personal education plans (PEPs)
  • Student schedules were not prepared in advance of the 2024-25 school year
  • School leaders lacked expertise and the necessary access to the West Virginia Education Information System (WVEIS) to transcribe grades and complete other important tasks
  • The county did not provide adequate mentorship or support to assist the new high school principal’s transition into the new leadership role
  • Insufficient security measures at the school led to inadequate safety supports
  • Some special education processes and procedures did not meet state or federal standards and/or requirements

Pocahontas is the fifth school district to be placed under state control in as many years. Pursuant to WVBE Policy 2322, Pocahontas County Schools now has six months to work on a corrective action plan, and an update will be provided to the board at their August meeting. A lack of progress over the next six months could lead to the vacating of the county superintendent’s position, among other more serious interventions.  

State Intervention Updates

The board also heard updates from three districts that were placed under a state of emergency or state control in recent years, including Logan, Hampshire and Upshur counties.

Reports presented to the board indicated that Logan and Upshur counties continue to make steady progress in addressing challenges in finance, operations, leadership, student success and personnel.

The board also voted to release Hampshire County Schools from a State of Emergency in Special Education after determining the district is making progress and will maintain the protocols and practices necessary to support continued improvement. 

School Closures and Consolidations

The board approved the closure and consolidation of three schools in Nicholas County, and the closure and consolidation of two schools in Tyler County. 

Summersville Elementary School, Glade Creek Elementary School and Summersville Middle School in Nicholas County will be merged into a new Summersville Academic Complex PreK-8, scheduled to open for the 2027-28 school year.

Arthur I. Boreman Elementary School and Sistersville Elementary School will merge into a new Tyler Consolidated Elementary School upon the completion of a new facility scheduled to open for the 2027-28 school year.

Charter Schools Stimulus Fund

The board approved the Charter School Stimulus Fund, which was created by the state legislature with Senate Bill 47 in 2023. The fund, which allocates public funds to assist with charter school start-up costs, will be administered by the West Virginia Professional Charter School Board with oversight from the board. 

The fund has never been appropriated money by the legislature since its creation, but the policy establishes an accountability structure for the award and expenditure of these funds.

Charter school advocates have long said a lack of startup funds makes it difficult for brick and mortar charter schools to open in the state. In October House Bill 227 passed during a special session. It authorized a public charter school to apply to the state School Building Authority (SBA) for funding to purchase a building. That process is nearing completion for the distribution of $5 million to the state’s four brick and mortar charter schools.

Personal Electronic Device Usage in Schools

Policy 4374 will be placed on public comment for 30 days from filing and is available on the WVDE website. The policy establishes minimum standards and requirements for county boards of education to limit the use of personal electronic devices by students in grades K-12. This policy was developed to minimize disruptions and ensure these devices do not interfere with the educational process in order to increase academic achievement for public school students.

Many school districts across the state have already taken their own action against device usage in schools in recent years with device bans.

The next regularly scheduled WVBE meeting is 10 a.m., Wednesday, March 12, 2025.

State Board Of Education Approves More School Closures 

School consolidations and closures continue to be the leading issue facing West Virginia education as the West Virginia Board of Education approved the closure of six more schools in four counties at their monthly meeting Wednesday.

School consolidations and closures continue to be the leading issue facing West Virginia education as the West Virginia Board of Education approved the closure of six more schools in four counties at their monthly meeting Wednesday.

Educational leaders from Clay, Preston, Wetzel and Wood counties all told the board declining enrollment, shrinking budgets and aging buildings are contributing factors that require closure and consolidation. A release from the West Virginia Department of Education stated that declining enrollment has led to 25 proposed or approved school closures this year.

The action comes just a month after the board approved the closure of six schools in Kanawha County.

In Preston County, the closure of Fellowsville Elementary School and its merger into South Preston School was approved, as well as the closure of Rowlesburg School and its merger into Aurora School.

In Wetzel County the consolidation of Hundred High School into Valley High School was approved, as well as the consolidation of Paden City High School into Magnolia High School and New Martinsville School.

Much of the public comment at the start of the meeting was directed at the closures in Wetzel County. Paden City High School has been the source of controversy since a court blocked its emergency closure earlier this year.

Like many speakers at meetings before, Charles Goff, mayor of Hundred, West Virginia said the effects of school closures goes far beyond the academic.

“The importance of Hundred High School can’t be summed up in two minutes,” he said. “In fact, most towns die after a closure of a high school. They lose incorporated status, losing elected officials in town, and it leads to fire departments closing and town charters being revoked.”

In Wood County the closure of Fairplain Elementary School and merger into Martin Elementary School; and the closure of Van Devender Middle School and its merger into Jackson Middle School and Hamilton Middle School were approved.

The closure of Clay County Middle School and consolidation into Clay Elementary School, Big Otter Elementary School and Clay County High School was approved, contingent upon West Virginia School Building Authority (SBA) funding for an addition to the high school.

Phillip Dobbins, superintendent of Clay County Schools, told the board the county has lost almost a third of its enrolled students in less than 10 years.

“Our projections show the grim reality that our enrollment will continue to decline,” he said. “Next year’s numbers project our total enrollment to be at 1375 total students, that’s down from 1,999 in 2016.”

He said the consolidation of Clay Middle School into existing county schools will save $500,000 in operational costs. 

Victor Gabriel, board vice president, asked Dobbins to quantify the financial loss such a decline represents.

“According to our treasurer, state aid formula’s about $7,500 per student,” Dobbins said. “So, do the math, it’s several million dollars that we’re down.”

Gabriel went on to urge the legislature to revise the funding formula for West Virginia’s schools.

“It hasn’t been done for years and years and years,” he said. “As a former educator, I saw this evolve. We just don’t have the money, people. And it’s getting worse. Every time we lose students, we lose dollars. It all equates to dollars. And I mean, I don’t know how you resolve that.”

Gabriel said that counties still have to pay staff and to maintain buildings with ever-dwindling funding. He said student enrollment across the state is down 4,000 from last year, representing close to $30 million in lost funding for local schools.

Changing Vaccination Requirements And More School Closures This West Virginia Morning

On this West Virginia Morning, a new episode of Us & Them looks at the latest chapter in the debate over West Virginia’s vaccination requirements, and several Kanawha County schools will be closed and consolidated at the end of this school year.

On this West Virginia Morning, a new episode of Us & Them looks at the latest chapter in the debate over West Virginia’s vaccination requirements. A recent legislative proposal would have exempted homeschooled kids and private and parochial schools from the current requirements. Governor Jim Justice vetoed the measure, but it found support from some parents opposed to what they call ‘oppressive’ vaccination laws.

Also, several Kanawha County schools will be closed and consolidated at the end of this school year. They join close to a dozen other schools that have been approved for closure and consolidation over the past year, including three other elementary schools in Kanawha County.

And plans for a new factory in Jefferson County have been delayed. Jack Walker tells us why.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.
Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

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