Legal foundations for West Virginia school board business management policies

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1977
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Virginia Polytechnic Institute and State University
Abstract

The purpose of this study was to synthesize, for the use of others, the pertinent legal requirements for the business management operations of West Virginia county boards of education. The study was undertaken by the researcher to help fill a void in the policy formulation process for West Virginia boards of education. Since many school districts do not have adequate staff, or funds budgeted to hire such staff or competent legal assistance to participate in the policy-making process, this study serves as a point of departure in the initial policy process.

All policies of boards of education need to be legally referenced in order that the day-to-day school operations can be maintained in a manner which will be consistent with the requirements of law, the courts, and the appropriate regulatory agencies and officials. The need for such legal reference materials categorized as to topic was attested to by the State Superintendent of Schools, the West Virginia School Boards Association, the Southern Region School Boards Research and Training Center, and by the vast majority of all of the county superintendents who administer the state's public school system.

In order to accomplish the objective set forth above, it was necessary to read, analyze and categorize all data appropriate to the study. This was done by researching the pertinent elements of the Constitution of the United States, and the Constitution of the State of West Virginia; the West Virginia Code, 1931 as amended; court decisions of the Supreme Court of the United States, the Circuit Court of Appeals for the Fourth Circuit, the federal district courts of the northern and southern districts of West Virginia, and the West Virginia Supreme Court of Appeals; opinions rendered by the State Attorney General which affect public education; the interpretations of school law as issued by the State Superintendent of Schools; and, the policies, rules, and regulations of the State Board of Education.

Due to the large number of cases reported in the courts of jurisdiction set out above, it was necessary to consult. the systems of court digests currently available. Cases appropriately referenced for West Virginia educational problems in the area of school business management were researched and briefed in order to ascertain their relevance to the topic of the study.

The West Virginia code was researched for the references pertaining to education, and the policy manual of the state education agency was analyzed. The published and unpublished opinions of the Attorney General, and the interpretations of the State Superintendent of Schools were read and categorized.

Once appropriately categorized as to policy topic, the above data was then synthesized into reference materials which board of education members and their district administrators can refer to in their policymaking process.

Due to the constant threat that court actions might be brought against today's educational leaders, it is extremely important that boards of education adopt statements of policy which are consistent with today's legal standards. This study, while not rendering legal advice or assistance, is designed to reference for its readers legal precedents affecting West Virginia's educational systems covering the business management areas of financial operations, bonding, site acquisition, building and grounds management, community use of school facilities, properties disposal procedures, purchasing, student transportation, liability and insurance, and food services.

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