Eye-Opening

 

In West Virginia, a certified school counselor and a speech teacher are generally paid on the same State Minimum Salary Schedule, as both are considered "professional personnel." However, there is a distinct difference in their "experience bumps" that often makes the starting salary for a speech teacher higher.

Here is how a school counselor's salary in Pocahontas County compares to the speech teacher figures we discussed:

1. Base Salary (Master's Degree)

Like speech teachers, most school counselors hold a Master’s degree. Their base pay in Pocahontas County is identical to the state minimum (as there is no significant county supplement).

• Step 0 (M.A.): $43,983

• Step 10 (M.A.): $49,657

2. The "Experience Bump" (The Main Difference)

This is where the financial paths often diverge:

• Speech Teachers: Under W. Va. Code §18A-4-2, speech teachers working in Special Education are typically granted three additional years of experience for salary purposes.

• School Counselors: Generally, school counselors do not receive this automatic 3-year "jump" unless they are also certified in and serving as a full-time Special Education teacher. Consequently, a first-year counselor starts at Step 0, while a first-year speech teacher often starts at Step 3.

3. National Certification Bonus

Both roles have access to an identical $2,500 annual supplement for national certification (W. Va. Code §18A-4-2b).

• Speech: Requires ASHA certification (CCC-SLP).

• Counselor: Requires National Board for Certified Counselors (NBCC) or West Virginia Board of Examiners in Counseling (WVBEC) certification.

---

Comparison Table: Year 1 (Pocahontas County)

Assumes both have a Master's degree and their respective National Certifications.

Feature	Certified Speech Teacher	Certified School Counselor
Base Step	Step 3 ($45,685 est.)	Step 0 ($43,983)
National Bonus	+ $2,500	+ $2,500
Total Annual Floor	~$48,185	~$46,483
Difference	+ $1,702

---

4. Roles and Mandates (80/20 Rule)

While the pay is similar, the legal mandates for their daily work differ significantly:

• The 80/20 Rule (§18-5-18B): School counselors are legally mandated to spend 80% of their time in direct counseling with students and only 20% on administrative tasks.

• Caseloads: While speech teachers have strict caseload limits (typically capped at 45–50 students in WV), school counselors in West Virginia often face much larger student-to-counselor ratios, though recent legislation (HB 3209) has pushed for a ratio of 1 counselor per 250–450 students.

In summary: A speech teacher in Pocahontas County will likely make roughly $1,700 more per year than a school counselor with the same level of education and experience because of the state-mandated 3-year experience credit for special education service.

"Tele-counseling Services"

 

To: Members of the [County Name] Board of Education From: [Your Name/Title/Affiliation] Date: January 30, 2026 RE: FORMAL PROTEST – The Abdication of Duty via Tele-Counseling Implementation

To the Members of the Board:

This letter serves as a formal and scathing protest against the Board’s shortsighted and dangerous proposal to replace certified, on-site school counselors with "tele-counseling" services. This is not a "modern solution"; it is a calculated surrender of your responsibility to the students and families of this county.

By opting for a screen-based alternative, you are effectively declaring that the mental health and safety of our students are worth less than the convenience of a bureaucratic checkbox.

1. A Failure of Operational Effectiveness

While you may attempt to use tele-counseling to technically "check the box" for Policy 2322, do not be deceived: a digital interface is a poor substitute for an on-site professional. In a crisis—be it an active threat, a suicidal ideation, or a physical altercation—a counselor via Zoom is a spectator, not a responder. You are creating a "phantom" department that offers the illusion of support while leaving staff and students to fend for themselves in real-world emergencies.

2. The Erosion of Student Trust

Counseling is built on the foundation of physical presence and clinical observation. By forcing children to speak to a stranger on a screen, you are dismantling the 80/20 rule of direct student services. Vulnerable students will not "log on" to discuss trauma with a pixelated face in a room that likely lacks true privacy. This move will result in a total collapse of student engagement, rendering your "compliance" entirely meaningless in practice.

3. Negligence by Design

This decision signals to the community that the Board has failed in its primary duty: to recruit and retain a qualified workforce. Rather than addressing the systemic failures that have made these positions vacant, you are choosing the path of least resistance. Let it be clear: if a tragedy occurs on a campus where a physical counselor was replaced by a monitor, the liability for that failure will rest squarely on the shoulders of this Board for choosing a "cost-effective" workaround over student safety.

Conclusion

We do not accept this digital bypass. The students of this county deserve a person, not a program. We demand that the Board immediately cease the implementation of this tele-counseling scheme and instead reallocate the necessary funds to offer a competitive, market-rate package that attracts certified, physically present professionals.

Anything less is a dereliction of duty.

 

n attempt to align Pocahontas County Schools (PCS) with West Virginia’s legal requirements

 

Based on the letter from Dr. Williams, the Superintendent's actions reflect an attempt to align Pocahontas County Schools (PCS) with West Virginia’s legal requirements while navigating a state-mandated "takeover" process.

Compliance with State Law

The text highlights several areas of legal focus involving the West Virginia Department of Education (WVDE) and state codes:

• State Intervention and Accountability: The school system is currently under a Special Circumstance Review and Special Education Monitoring mandate from the WVDE. Under West Virginia law, any school system not operating at "Full Approval" is subject to such interventions to address deficiencies.

• Special Education (Policy 2419): Dr. Williams notes that the system is working to address Special Education Monitoring requirements. State law (Policy 2419) requires that all students with disabilities receive a Free Appropriate Public Education (FAPE) and that districts must follow strict procedural safeguards to remain in compliance.

• Teacher Certification (WV Code §18A): The letter admits that students are often instructed by long-term substitutes or uncertified educators because certified teachers are unavailable. While West Virginia allows for long-term substitute permits (Form 2L) if certain criteria are met, the state's goal—and the measure of a "thorough and efficient" education—is instruction by highly qualified, certified teachers.

• Fiscal and Administrative Authority: Dr. Williams cites State Code as the basis for reviewing operations and addressing inconsistent spending processes. County superintendents have the authority to nominate personnel and recommend the filling (or abolishing) of positions to the Board of Education to ensure the system's effectiveness.

Liability for Failure to Provide an "Efficient Education"

The West Virginia Constitution mandates a "thorough and efficient system of free schools". Failure to meet this standard creates significant legal and administrative liabilities:

• Loss of Local Control: The primary "liability" currently facing PCS is the ongoing state intervention. If the district fails to implement required changes during this phase, the WVDE has the authority to declare "extraordinary circumstances" and intervene directly in the operation of the school system.

• Constitutional Right Violations: The West Virginia Supreme Court (notably in Pauley v. Kelly) has held that education is a fundamental constitutional right. A failure to provide adequate resources—such as a full-time high school counselor or certified teachers—could be seen as a denial of this right, potentially opening the district to class-action litigation regarding equitable educational opportunities.

• Special Education Non-Compliance: Failure to meet federal (IDEA) and state (Policy 2419) mandates regarding special education is a high-risk liability area. Parents have the right to file formal complaints and request dispute resolution if they believe the district is failing to provide necessary services.

• Administrative Complaints: State law (WV Code §18-5-27) allows parents to file complaints with the county and state superintendents if the district fails to comply with curriculum and instructional standards.

---

Would you like me to research the specific findings of the West Virginia Department of Education's most recent "Special Circumstance Review" for Pocahontas County to see which exact laws were cited as non-compliant?

The West Virginia Department of Education (WVDE) conducted a Special Circumstance Review of Pocahontas County High School (PCHS) in the fall of 2024, which led to the West Virginia Board of Education declaring a State of Emergency for the district in February 2025.

The review found systemic non-compliance with state laws and Board of Education (WVBE) policies, specifically in the following areas:

1. Counseling and Personalized Planning

The review identified a total absence of required student support systems, citing violations of WVBE Policy 2315 and Policy 2510.

• Lack of Certified Staff: The school had no certified school counselor following a retirement in September 2024, and no qualified replacement was found.

• Deficient Counseling Plan: The most recent Comprehensive School Counseling Program (CSCP) plan was outdated, having last been completed for the 2022–2023 school year.

• Missing PEPs: There was no process in place to develop Personalized Education Plans (PEPs) for students, which are legally required to guide course selection and career goals.

2. Grading and Academic Integrity

Investigators uncovered significant issues regarding the handling of student records and credits, governed by Policy 2510.

• Unauthorized Grade Changes: The report noted that grade changes were made informally via verbal or email requests because no formal school policy for grade changes existed.

• Inaccurate Credit Transcription: Evidence suggested that inaccurate transfer credits were transcribed for at least one student as an intentional act rather than a clerical error.

• System Access Issues: School leadership lacked the necessary expertise and access to the West Virginia Education Information System (WVEIS) to properly transcribe grades or release transcripts for graduates.

3. Special Education (IDEA Compliance)

A targeted review by the Office of Special Education found a staggering 89% non-compliance rate with state and federal standards.

• Safety Policy Violations: The principal was unable to access required video footage from special education classrooms, a direct violation of state code and policy.

• Procedural Failures: IEPs were not being reviewed within the required 365-day window, and students were not being informed of the transfer of educational rights by their 17th birthday.

• Lack of Individualization: The review found that student IEPs were not tailored to individual needs; for example, all students with IEPs were placed in the same math course regardless of their specific requirements.

4. Leadership and Governance

The review concluded that the county's central office failed to provide adequate support, which contributed to these systemic failures.

• Inadequate Mentorship: The district failed to provide the new high school principal with a mentor whose expertise aligned with the needs of the school.

• Lack of Oversight: There was no evidence that district leaders conducted regular school visits or instructional walkthroughs.

• Operational Failures: No master schedule was prepared before the start of the 2024–2025 school year.

---

Would you like me to draft a summary of the specific "Corrective Action Plan" the state has mandated for Pocahontas County to resolve these legal deficiencies?

 

Following the declaration of a State of Emergency in February 2025, the West Virginia Board of Education (WVBE) mandated a rigorous Corrective Action Plan for Pocahontas County Schools (PCS). This plan initially established a six-month window for remediation, which was recently extended through early 2026 to allow for full implementation.

1. Administrative and Leadership Mandates

To address "administrative dysfunction," the state required PCS to overhaul its leadership structure:

• Leadership Capacity Building: PCS was ordered to contract with a WVDE-approved consultant to build leadership capacity at both the central office and school levels.

• Mandatory Training: District leadership and the Board of Education must undergo mandatory training to improve governance and accountability.

• Chain of Command Enforcement: Staff are required to strictly follow the "chain of command" and maintain professional, positive communication to eliminate the "rumor mill" and potential for retaliation noted in the review.

2. Academic and Support System Corrections

Significant changes were mandated to ensure students receive a legally compliant education:

• Comprehensive Counseling Program (CSCP): The district must develop and implement a current CSCP and establish a formal process for creating Personalized Education Plans (PEPs) for every student.

• Credit and Grade Investigation: PCS is required to continue investigating unauthorized grade and credit transcriptions and must take appropriate personnel actions based on the findings.

• Master Schedule Oversight: The district must develop and finalize master schedules in advance of each school year with WVDE support to ensure all students have access to required coursework.

3. Special Education and Safety Compliance

State and federal mandates (IDEA) require immediate procedural corrections:

• IEP Compliance: PCS must ensure all Individualized Education Programs (IEPs) are reviewed within the 365-day legal window and that educational rights are properly transferred to students by their 17th birthday.

• Systems Access: School principals must be granted full access to the West Virginia Education Information System (WVEIS) for grade transcription and to special education classroom camera feeds as required by state code.

4. Financial and Fiscal Management

Following findings of "persistent financial mismanagement," the district is under heightened fiscal scrutiny:

• Comprehensive Finance Review: The WVDE Office of School Finance is conducting a deep-dive review of all local accounting practices, including employee contracts and stipends.

• Balanced Budget Recovery: The district must submit a comprehensive recovery plan that includes a balanced budget and addresses "weak governance" regarding personnel spending.

---

The WVBE granted a six-month extension in August 2025, with a final progress update due in February 2026. Would you like me to monitor for the results of that final update when it occurs?

 

 

 

Trouble in Paradise

 

When a school board is unable to fill a state-mandated position like a certified counselor—as is the case at Pocahontas County High School—their legal liability is essentially a race between administrative intervention and civil litigation.

The West Virginia Department of Education (WVDE) has already triggered the primary administrative consequence: the State of Emergency declaration. However, the board faces several other layers of specific legal and professional risk.

1. The "Special Circumstance Review" & State Intervention

Under W.Va. Code §18-2E-5, the most immediate liability isn't a lawsuit, but the loss of local control.

• State of Emergency: Because PCHS failed to provide a Comprehensive School Counseling Program (CSCP) as mandated by Policy 2315, the WVDE has the authority to intervene directly in county operations.

• Funding Risk: If a board is found to be non-compliant with the 80/20 rule or fails to provide counseling services, the State Board can withhold or redirect "Step 5" (Professional Support) funding.

2. "Negligent Supervision" and Civil Tort Liability

The board has a "Duty of Care" to provide a safe and effective learning environment. When a mandated position (like a counselor) is vacant, it creates a "gap in care" that can lead to lawsuits if a student is harmed.

• Foreseeability: If a student experiences a crisis (mental health emergency, self-harm, or violence) that a certified counselor is specifically trained to identify and mitigate, the board could be sued for negligence.

• The Defense: The board’s strongest defense is showing a "Good Faith Effort" to hire. By proving they posted the job multiple times and eventually created the "Graduation Coach" position to address the vacancy, they can argue they aren't "willfully" neglecting their duty, but are victims of the statewide labor shortage.

3. Federal Civil Rights Liabilities (Title IX and Section 504)

Counselors are often the primary coordinators for Section 504 Plans (disability accommodations) and play a role in Title IX (harassment) investigations.

• Liability: If the lack of a counselor leads to a failure to implement a student’s 504 plan or a delay in investigating a harassment claim, the board faces Federal liability. Federal courts are generally less sympathetic to "we couldn't find a hire" than state courts if civil rights are being violated.

4. Professional Liability for Board Members

West Virginia Code §29-12-5A provides insurance and a "Duty to Defend" for board members, but this has limits:

• Immunity: Board members generally have "qualified immunity" for discretionary decisions. However, they can be held personally liable if their actions (or failure to act) are found to be "malicious, in bad faith, or in a clear violation of law."

• Personal Liability: If the board knowingly ignores state law or acts with "willful neglect," the Board of Risk and Insurance Management (BRIM) may defend the board, but the members could still face public removal proceedings under state law.

---

Summary Table of Risks

Risk Type	Source	Potential Outcome
Administrative	WVDE / Policy 2315	Loss of local control; continued "State of Emergency."
Financial	W.Va. Code §18-9A-8	Loss or redirection of state funding for support staff.
Civil	Tort Law	Lawsuits for "Negligent Supervision" if a student crisis occurs.
Federal	Title IX / Section 504	Federal investigations and loss of federal grants.

Would you like me to draft an analysis of how the new "Graduation Coach" role specifically mitigates (or fails to mitigate) these specific legal risks for the Board?

 

The transition from a certified School Counselor to a Graduation Coach at PCHS is a tactical "risk-shifting" maneuver. While it solves the immediate administrative problem of a vacant seat, it creates new vulnerabilities in clinical and federal compliance.

Here is an analysis of how this role specifically impacts the Board's legal standing.

---

1. Mitigation: The "Good Faith Effort" Defense

The Board’s primary legal victory with this role is in Administrative Compliance.

• The Problem: Under W.Va. Code §18-5-18b, the board must provide counseling services. Leaving the position vacant for over a year signaled "willful neglect" to the state.

• The Mitigation: By creating the Graduation Coach role, the Board can argue to the WVDE that they have taken active steps to fill the "Academic and Career" portions of the mandate. This helps move the county toward ending the "State of Emergency" by showing a functional plan for student success data and graduation tracking.

• The Result: Reduced risk of further state takeover or immediate loss of state funding.

2. Failure to Mitigate: The Clinical "Gap in Care"

The Graduation Coach role fails significantly in mitigating Tort Liability (Negligence) related to mental health.

• The Deficiency: Unlike a certified counselor, a Graduation Coach is generally not required to hold a Master’s degree in Counseling or have training in clinical assessment, suicide ideation, or crisis intervention.

• The Liability: If a student suffers a mental health crisis, the Board can no longer claim they provided "preventive and remedial guidance" for social and emotional needs as required by state law. A Graduation Coach cannot legally perform "Clinical Counseling Procedures" (defined in W.Va. Code §30-31-3).

• The Result: High vulnerability to "Negligent Supervision" lawsuits if an incident occurs that a certified professional might have prevented.

3. Partial Mitigation: The 80/20 Rule

This is the Board's most clever use of the new role to address Policy 2315 (the 80/20 mandate).

• The Strategy: In many schools, counselors are bogged down by administrative "20% tasks" like scheduling, test coordination, and graduation paperwork.

• The Mitigation: By shifting all of those administrative and academic tracking tasks to the Graduation Coach, the Board can ensure that if they ever hire a part-time or itinerant certified counselor, that person spends 100% of their time in a "direct counseling relationship."

• The Result: The school can technically meet the ratio of hours for direct service even with fewer certified staff hours available.

4. New Risk: Federal Compliance (504 & Title IX)

The Graduation Coach may actually increase risk in the federal arena.

• The Liability: Graduation Coaches are often tasked with "identifying barriers" to graduation. If a coach identifies a student with a disability but lacks the certification to properly manage a Section 504 Plan or a Title IX investigation, the Board could be found in violation of federal law.

• The Risk: Federal courts do not accept "labor shortages" as an excuse for failing to provide mandated disability accommodations. If the Coach "acts" like a counselor without the legal authority to sign off on federal documents, the Board is exposed.

---

Summary of Legal Impact

Liability Area	Risk Status	Rationale
State Intervention	Decreased	Shows a "plan of action" to the WVDE to resolve the vacancy crisis.
Civil Tort (Suicide/Crisis)	Increased	Replaces a clinical professional with an academic/career professional.
80/20 Mandate	Stabilized	Shifts non-clinical work away from the (missing) certified staff.
Federal Civil Rights	Critical Risk	High potential for improper handling of 504/IEP/Title IX tasks.