An analysis of the laws affecting boards of education, administrators, and teachers in the state of West Virginia

The primary objective of this study was to provide an analysis of the laws affecting boards of education in the public schools of West Virginia. To reveal the laws pertaining to boards of education an analysis was made of: (a) the state statutes, (b) court decisions, (c) Attorney General opinions, and (d) State Superintendent interpretations.

Topics included in this study were dictated by the volume of court cases and by the policy descriptors of the National School Boards Association. Topics surrounded by much litigation were selected to be included over topics with little or no litigation. The major topics included in the study are: (a) The Office of Board of Education, (b) School District Property, (c) District Debt, Securities, and Taxation, (d) School District Liability, and (e) Teacher-Board Conflicts. The appropriate statutes, court cases, Attorney General opinions, and State Superintendent interpretations were applied to each topic in the study to reveal the laws surrounding each.

As a result of this study the following very general conclusions were made:

1. The county board of education in West Virginia is a quasi-public corporation possessing only those powers and duties that are prescribed by statutes or that fairly arise by implication from statutes.

2. A board of education has authority to acquire property for school purposes by: purchase, lease, donation, eminent domain, joint establishment and reorganization, and adverse possession. A board has broad discretion in allowing school property to be used for community and general purposes except for religious use. School property may be disposed of by sale, by lease, and by reversion and reconveyance to the original granter.

3. It is prohibitive for a board of education to incur a debt in excess of five percent of the assessed valuation of taxable property in the county. If a debt is incurred by the board, sixty percent of the voters in an election must approve that debt. A board may levy taxes for current operating expenses of the schools without voter approval.

4. A board of education in West Virginia enjoys governmental immunity from tort liability while engaged in governmental functions. The West Virginia,1 Supreme Court of Appeals has struck down governmental immunity for municipalities, and this may eventually reach boards of education.

5. Teachers in West Virginia must be properly certified. Before engaging in any teaching duties a teacher must execute a contract with the board of education. The transfer of teachers and the suspension and dismissal of teachers must be according to law and cannot be arbitrary, capricious, or based upon a bad cause.

The findings of this study have led to the following recommendations:

1. The findings may be utilized to help train potential and present school board members, administrators, and teachers.
2. Further study should be conducted to: (a) analyze the laws affecting boards of education on topics not included in this study. (b) compare the findings of this study with the actual practices of boards of education.
3. The findings of this study may be used to prepare a legal handbook for board members, administrators, and teachers.