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Statutory Deviance in School Counseling Staffing Models (Pocahontas County)

 


Policy Compliance Audit: Statutory Deviance in School Counseling Staffing Models (Pocahontas County)

1. Regulatory Framework: Mandates of W.Va. Code §18-5-18b and Policy 2315

In the hierarchy of West Virginia school governance, State Code and West Virginia Board of Education (WVBE) policies hold absolute supremacy, establishing the minimum standards for district accreditation, student safety, and institutional accountability. Strict adherence to school counseling mandates is a non-negotiable component of this framework; these regulations are designed to provide a clinical safety net for students in high-need rural environments. When a Local Education Agency (LEA) deviates from these statutes, it fundamentally undermines the state’s duty to provide a thorough and efficient education that encompasses the psychological and developmental well-being of the student body.

The legal requirements for student support are explicitly deconstructed in W.Va. Code §18-5-18b and WVBE Policy 2315. These mandates include:

  • Professional Qualifications: Every public school must employ at least one professional counselor who possesses a Master’s degree and specific state licensure in school counseling.
  • The 80% Direct Service Mandate: Certified counselors are legally required to spend a minimum of 80% of their work time in a "direct counseling relationship" with students.
  • CSCP Leadership Standards: Policy 2315 mandates that a Comprehensive School Counseling Program (CSCP) be designed, implemented, and led exclusively by certified personnel.

The strategic purpose of the CSCP is to provide a structured, clinical framework for student development. The absence of a certified counselor to lead this program constitutes more than a simple vacancy; it is an operational breach that invalidates the district’s safety-net protocols. By replacing a certified lead with administrative substitutes, the district effectively dissolves the state-mandated support structure, leaving students without the clinical interventions required by the West Virginia School Counseling Model. This legal framework stands in direct opposition to the operational failures observed throughout the 2024-2025 school year.

2. Chronology of Institutional Non-Compliance: The 2024 State of Emergency

The identification of systemic failure in Pocahontas County was catalyzed by a "Special Circumstance Review" requested by the district in the spring of 2024. While initially framed as an audit of master scheduling, the October 2024 on-site evaluation by a 10-member WVDE team uncovered a catastrophic breakdown in administrative stability and safety. These findings were so egregious that they prompted the WVBE to declare an official State of Emergency for the county on February 12, 2025.

The review team identified five core areas of statutory and regulatory deviance:

Area of Non-Compliance

Mechanism of Failure

Specific Statutory Violation

Comprehensive School Counseling

Total vacancy since Sept 2024; no active CSCP plan; uncertified teachers performing advising.

W.Va. Code §18-5-18b; Policy 2315

Transcription & Scheduling

"Intentional" clerical inaccuracies in transcripts; grade changes driven by parental pressure.

State Graduation & Reporting Standards

Leadership & Communication

Failure to support beginning leaders; breakdown in central office and school-level communication.

WV School Governance Standards

Safe School Environment

Students possessing door codes; principal denied access to safety cameras; saved passwords on public PCs.

WVBE Student Safety & Security Policies

Special Education

0% service verification in sampled IEPs; failure to conduct mandatory annual reviews.

Federal FAPE; State Special Ed Standards

The "counseling vacuum" created by a September 2024 retirement resulted in the statutorily non-compliant utilization of uncertified homeroom teachers for academic and career advising. Lacking the clinical credentials required by law, these teachers were forced to function as stop-gap advisors, a practice that bypassed the legal requirement for certified professional guidance. This internal collapse served as the catalyst for Superintendent Dr. Leatha Williams to propose the "Graduation Coach" model in early 2026.

3. Structural Analysis: The "Graduation Coach" vs. Certified Counselor Paradigm

The adoption of the "Graduation Coach" role, architected by Superintendent Dr. Leatha Williams, was a strategic response to the persistent "brain drain" affecting rural recruitment. By abolishing the certified counselor positions at Pocahontas County High School and Green Bank Elementary-Middle School, the administration sought "fiscal flexibility" to redirect funds toward Practical Nursing and Medical Assisting pathways and a new School Safety Officer. However, this trade-off prioritizes clerical credit-tracking over the specialized clinical expertise required for student mental health.

The following table illustrates the professional divergence between these two roles:

Professional Metric Comparison: Certified Counselor vs. Graduation Coach

Metric

Certified School Counselor

Graduation Coach

Legal Mandate

Explicitly required by W.Va. Code §18-5-18b.

No specific statutory mandate.

Educational Requirements

Master’s Degree and State Licensure.

Bachelor’s Degree; lower certification bar.

Direct Service Goals

80% direct counseling relationship mandate.

Focused on mentoring and credit tracking.

Mental Health Scope

Trained in clinical crisis response/referral.

Limited to academic/behavioral coaching.

Source of Leadership

Mandated to lead the CSCP (Policy 2315).

Legally prohibited from leading the CSCP.

This shift represents a deliberate downgrade in professional standards. While a Graduation Coach can address the technical symptoms of the crisis—such as the scheduling and transcription errors that triggered the State of Emergency—they are an insufficient substitute for the clinical interventions required by the West Virginia School Counseling Model. Despite community pushback and dissent from board members like Sam Gibson, the board majority prioritized administrative flexibility over specialized student support.

4. Policy Deviance and Regulatory Contradictions

The resolution of the State of Emergency in Pocahontas County highlights a significant tension between pragmatic remediation and statutory literalism. On February 11, 2026, the WVBE voted to lift the State of Emergency, effectively sanctioning a "pragmatic deviation" from state law. This decision created a regulatory precedent where a district is deemed "recovered" despite remaining in an ongoing state of non-compliance with the literal requirements of §18-5-18b regarding certified counseling staff.

The state-approved remediation plan prioritized immediate operational metrics over long-term clinical structures:

  • Temporary Clinical Coverage: Partial coverage provided by a middle school counselor and a county social worker.
  • Administrative Correction: Rectification of inaccurate transcripts and pre-summer scheduling for the 2025-26 year.
  • Infrastructure Incentivization: Gym floor replacement, bathroom upgrades, and office renovations designed to improve "school pride."
  • Safety Personnel: The permanent stationing of a School Safety Officer at the high school.

This approval introduces the risk of "functional substitution." By prioritizing physical infrastructure—such as gym floors and bathrooms—and administrative metrics over the mandated presence of a certified counselor, the regulatory body has incentivized a model that may meet immediate operational benchmarks while violating long-term developmental mandates.

5. Risk Assessment: Student Welfare and Liability Exposure

In the isolated, mountainous terrain of Pocahontas County, the "Timely Response" principle is the cornerstone of student safety. The removal of in-house mental health supports creates a "referral lag" that is mathematically exacerbated by the region’s clinical scarcity. For example, while the Pocahontas Memorial Hospital (PMH) provides behavioral health, the district's specialized psychiatric capacity is limited to Dr. Christopher Lamps, who is available only 12 days per year. This creates a critical bottleneck that an outsourced model cannot resolve.

The impact of this model on student safety is analyzed through three high-risk scenarios:

  1. Grief and Sudden Loss: An in-house counselor manages school-wide "grief rooms" and integrated support. An outsourced model lacks the institutional integration to manage the immediate, collective fallout of community trauma.
  2. Bullying and Conflict: Without a counselor to provide restorative justice, administrators must revert to punitive measures, which are proven to increase student dropout rates.
  3. Mandated Reporting: Students are significantly less likely to disclose abuse to a "coach" focused on credits and academic benchmarks than to a therapeutic professional who has established a rapport based on clinical trust.

The long-term impact is evidenced by chronic absenteeism data. Districts with in-house behavioral health programs maintain a 18% benchmark for chronic absenteeism. Without these supports, absenteeism in Pocahontas County is projected to balloon from 24% to 34%. Relying on a Graduation Coach to address the "why" behind student absence without clinical training is a significant liability for the Board.

6. Audit Conclusions and Strategic Recommendations

The current staffing configuration in Pocahontas County is a high-stakes gamble that addresses immediate administrative failures at the cost of the "institutional expertise" necessary for long-term student welfare. By abolishing certified roles, the district risks a permanent de-professionalization of student support services—a shift that may be irreversible if the "Purple Heart Resolution" or similar institutional memory is lost.

To mitigate these risks, the Pocahontas County Board of Education should implement the following strategic recommendations:

  1. Formalization of Tele-Counseling Integration: Establish dedicated private spaces within schools for students to access providers such as Seneca Health or telehealth clinicians (e.g., Samantha Cline), utilizing a trained liaison to facilitate "warm handoffs."
  2. Enhancement of Social Work Roles: Given the absence of a counselor, the county social worker must be assigned a permanent, full-time presence at the high school to bridge the gap between administrative coaching and clinical intervention.
  3. Performance Monitoring via Chronic Absenteeism KPIs: The Board must utilize chronic absenteeism as its primary Key Performance Indicator (KPI) to determine if the "Graduation Coach" model is successfully addressing underlying student trauma or if it is merely masking a decline in engagement.

The long-term liability of this policy deviance remains high. If the "Pocahontas Model" fails to lower absenteeism or address student trauma, the district will face both a return to state intervention and a continued erosion of the social contract between the school system and the community it serves.

Rural District Is Trading Mental Health for Credit Tracking

 


The Graduation Coach Gamble: Why One Rural District Is Trading Mental Health for Credit Tracking

1. Introduction: The Quiet Crisis in the Mountains

In September 2024, the hallways of Pocahontas County High School (PCHS) felt less like a center of learning and more like a vacuum of institutional direction. Students wandered through the first two weeks of the term without class schedules; others sat in the gymnasium or cafeteria, waiting for "advising" from homeroom teachers who were as overwhelmed as they were. This was not a simple clerical error; it was the visible friction of a system in collapse.

The rugged, mountainous terrain of Pocahontas County has always presented geographic hurdles to student wellness, but by early 2025, these hurdles became a "State of Emergency." As the district struggled to find its footing, it launched a radical experiment in school staffing: the abolition of certified school counselor positions in favor of "Graduation Coaches." This shift offers five surprising takeaways on the future of rural education—a future where administrative metrics are increasingly prioritized over holistic student support.

2. The "Financial Cliff": How Pandemic Aid Built a Temporary Safety Net

The current crisis is a direct consequence of the sunsetting of federal pandemic relief. Between 2020 and 2024, Pocahontas County utilized Elementary and Secondary School Emergency Relief (ESSER) funds to build what was internally termed a "Child Development Brain Trust."

This wasn't merely a healthcare initiative; it was a sophisticated data-and-compliance operation. Under ESSER II and III, the district hired additional nursing hours and mental health liaisons, with nurses required to spend 30% of their time on risk management and state compliance. However, this safety net was an anomaly.

"The historical data suggests that the district became 'dire straits' regarding health resources prior to the pandemic, and the sudden influx of federal cash created a staffing model that the local tax base was ill-equipped to maintain once federal aid sunsetted." — Special Circumstance Review, 2024

When the grants expired in September 2024, the district hit a "financial cliff." The local tax base could not sustain the Brain Trust, leaving the high school in a state of scarcity far more profound than the pre-pandemic era.

3. The Counseling Vacuum and the Institutional Collapse of 2024

The loss of funding exacerbated a catastrophic breakdown in school operations. A 10-member review team from the West Virginia Department of Education (WVDE) conducted an on-site evaluation in October 2024, uncovering a landscape of total non-compliance. The "counseling vacuum" created a ripple effect of sociotechnical failures:

  • Uncertified Advising: With no counselor on staff since September 2024, homeroom teachers were forced into roles they were not legally certified to perform, attempting to navigate complex career paths and graduation requirements without training.
  • Intentional Transcription Errors: The review found "intentional" clerical inaccuracies in student transcripts, including grades changed under direct pressure from parents rather than academic merit.
  • Cyber-Security Breaches: In a stunning lapse of protocol, students were found to have access to school door codes, while safety was further compromised by passwords saved on public-facing computers.
  • Special Education Failures: A sample of Individualized Education Programs (IEPs) revealed a 0% verification rate for service delivery, a direct violation of federal standards.

Without a professional to manage the master schedule, it became "essentially detached from student needs," leaving the most vulnerable youth to navigate their own academic survival.

4. The Great Downgrade: Certified Counselor vs. Graduation Coach

In early 2026, the district made a decision born of "pragmatic surrender." Having been unable to recruit a Master’s-level counselor for over two years despite repeated advertisements, the board voted to abolish the position. In its place, they created the "Graduation Coach." The distinction is not merely semantic; it represents a significant de-professionalization of student support:

  • Legal Mandate: Certified Counselors are required by W.Va. Code §18-5-18b; Graduation Coaches have no statutory requirement.
  • Education: Counselors must hold a Master’s degree and specific state licensure; Coaches require only a Bachelor’s degree.
  • Scope: Counselors are mandated to spend 80% of their time in direct clinical counseling and crisis response. Coaches are limited to administrative "mentoring," credit tracking, and college applications.

Superintendent Dr. Leatha Williams justified this as "financial flexibility," arguing that a vacant position on the books was a hindrance. By lowering the certification bar, the district could finally fill the seat—but the "brain drain" was codified into policy.

5. "Policy Deviance": When the State Approves the Impossible

A startling legal contradiction exists at the heart of the "Pocahontas Model." West Virginia law and WVBE Policy 2315 are explicit: every school must have a Comprehensive School Counseling Program (CSCP) designed and implemented by a certified counselor.

"W.Va. Code §18-5-18b states that 'every public school in the state must have at least one professional counselor' and that these counselors must spend 80% of their work time in a direct counseling relationship with pupils."

Yet, on February 11, 2026, the State Board of Education voted to lift the State of Emergency, effectively sanctioning a remediation plan that replaced the legally required counselor with a coach. The state’s logic was purely pragmatic. In their view, a school that functions administratively (correcting transcripts and door codes) is a greater priority than a school that adheres to the literal interpretation of the law regarding mental health.

6. The Rural Accessibility Gap: The High Cost of Outsourcing

With the abolition of in-house support, the district has moved to an "outsourced" model, relying on partners like Pocahontas Memorial Hospital (PMH) and Seneca Health Services. However, the data reveals a dangerous "referral lag."

In a county with spotty internet and severe transportation barriers, the loss of an immediate-response professional is devastating. While PMH offers specialized psychiatric care through Dr. Christopher Lamps, he is available only 12 days a year. For a student in acute crisis, a referral to a clinic they cannot reach is the end of the process, not the beginning.

Scenarios of Crisis Where the Gap is Most Fatal:

  • Grief and Sudden Loss: In-house counselors manage "grief rooms"; coaches are not trained for the emotional labor of a school-wide tragedy.
  • Bullying and Mediation: Without restorative justice professionals, administrators revert to punitive suspensions, which correlate with higher dropout rates.
  • Mandated Reporting: Students disclose abuse to adults with whom they have a therapeutic rapport. A coach focused on credits is unlikely to build the "safe" relationship necessary for such disclosures.

The stakes are high: data shows that while districts with in-house behavioral health see chronic absenteeism at 18%, that figure balloons to 34% in districts without such support.

7. Conclusion: The "Pocahontas Model" and the Future of Rural Schools

The "Pocahontas Model" is a high-stakes gamble on the definition of school stability. By focusing on "outward signs of stability"—gym floor replacements, bathroom upgrades, and new security officers—the district successfully exited the State of Emergency. However, these are structural fixes for a human crisis.

The district has traded inward signs of wellness for administrative efficiency. As other rural districts watching this experiment might see a rise in graduation rates through credit tracking, they must also weigh the cost. Is a high school diploma a sufficient outcome if the student reaches the stage without the emotional resilience or mental health support necessary to navigate the world? The shift from clinical wellness to administrative tracking may solve a staffing crisis, but it risks leaving the "Child Development Brain Trust" of rural America in the rearview mirror.

Restructuring of Student Support in Pocahontas County Schools

 


Analysis of Healthcare Evolution and the Restructuring of Student Support in Pocahontas County Schools

Executive Summary

The healthcare and mental health infrastructure of the Pocahontas County School system has undergone a radical transformation, shifting from an expanded, federally funded proactive model during the COVID-19 pandemic to a leaner, outsourced administrative model by 2026. This transition was precipitated by a "financial cliff" following the expiration of Elementary and Secondary School Emergency Relief (ESSER) funds and a subsequent institutional collapse that led to a state-mandated State of Emergency.

Key findings include:

  • Institutional Crisis: A 2024 West Virginia Department of Education (WVDE) review uncovered systemic failures in grade transcription, safety, special education, and counseling, leading to a State of Emergency declaration in February 2025.
  • Professional Downgrading: To address recruitment challenges and fiscal constraints, the district abolished certified school counselor positions in favor of "Graduation Coaches," a move that prioritizes administrative credit-tracking over clinical mental health support.
  • Policy Deviance: The WVDE approved the district's remediation plan and lifted the State of Emergency in 2026, despite the plan's apparent non-compliance with West Virginia state law regarding mandatory certified counselors.
  • Service Fragmentation: Mental health support has transitioned from an in-house "immediate response" model to an outsourced model reliant on local clinics and telehealth, introducing "referral lags" and potential risks for student absenteeism and crisis management.

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The Financial Evolution of School Healthcare (2020–2024)

The institutionalization of medical oversight in the district began approximately 17 years ago with the hiring of its first school nurse. The COVID-19 pandemic necessitated an immediate expansion of this infrastructure, largely sustained by federal intervention.

The ESSER Funding Mechanism

Pocahontas County utilized three tiers of federal grants to stabilize and then expand health staffing.

Funding Source

Primary Purpose in West Virginia Districts

Impact on Health Staffing

ESSER I (CARES Act)

Immediate emergency response and PPE.

Initial stabilization of health staff and medical procurement.

ESSER II (CRRSA Act)

Expansion of mental health and social-emotional support.

Hiring of additional nursing hours and mental health liaisons.

ESSER III (ARP Act)

Long-term recovery and addressing student wellness gaps.

Sustaining nurse salaries and technical infrastructure through 2024.

By the 2021-2022 school year, nursing staff devoted 30% of their time to risk management. However, this model was unsustainable; the sunsetting of these funds in September 2024 created a "financial cliff," leaving the district with a staffing model the local tax base could not maintain.

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Institutional Collapse and the 2025 State of Emergency

In 2024, the district entered a period of administrative instability. A "Special Circumstance Review" conducted by a 10-member WVDE team in October 2024 revealed catastrophic operational breakdowns at Pocahontas County High School (PCHS).

Core Areas of Non-Compliance

The findings led to an official declaration of a State of Emergency on February 12, 2025.

Deficiency Identified

Mechanism of Failure

Consequence to Student Welfare

No Certified Counselor

Recruitment failure; uncertified teachers providing advice.

Lack of graduation planning; loss of emotional safety nets.

Inaccurate Transcripts

"Intentional" clerical acts and parental pressure.

Risk of invalid diplomas and loss of post-secondary opportunities.

Security Breach

Shared access codes; saved passwords on public computers.

Increased vulnerability to external and internal threats.

Special Education Gap

0% service verification in sample IEPs.

Violation of federal FAPE standards.

The "counseling vacuum" was particularly severe. Following a retirement in September 2024, the district failed to attract a qualified applicant, forcing homeroom teachers to perform graduation and career advising for which they were not legally certified.

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The Restructuring of Student Support: Counselors vs. Coaches

In early 2026, Superintendent Dr. Leatha Williams proposed abolishing certified school counselor positions at PCHS and Green Bank Elementary-Middle School to gain "financial flexibility." This led to the introduction of the Graduation Coach model.

Professional Standards Comparison

The move represents a shift from clinical/developmental support to administrative oversight.

Professional Metric

Certified School Counselor

Graduation Coach

Legal Mandate

Required by W.Va. Code §18-5-18b.

No specific statutory requirement.

Direct Service Goal

80% direct counseling relationship.

Mentoring and administrative tracking.

Mental Health Scope

Trained in crisis response and clinical referral.

Limited to academic/behavioral coaching.

Recruitment Barrier

Master’s degree and licensure required.

Bachelor’s degree; lower certification bar.

While the board majority supported this as a pragmatic solution to rural "brain drain," dissenting voices questioned the removal of critical mental health infrastructure during a period of student instability.

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Policy Deviance and State Remediation

A significant legal contradiction exists in the WVDE’s decision to lift the State of Emergency on February 11, 2026. West Virginia law (W.Va. Code §18-5-18b) and WVBE Policy 2315 explicitly require every public school to have at least one professional counselor.

The WVDE's approval of the county's remediation plan—which replaced counselors with coaches—suggests a pragmatic prioritization of operational metrics (grades, schedules, safety) over statutory staffing requirements. The approved plan included:

  • Temporary Clinical Coverage: Utilizing a social worker and a counselor from another school on a part-time basis.
  • Infrastructure and Safety: Upgrading facilities (gym floors, bathrooms) and stationing a School Safety Officer at PCHS.
  • Administrative Correction: Rectifying transcript errors and stabilizing master schedules.

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The Landscape of Clinical Therapeutic Counseling

With the abolition of in-house counseling, the district has moved toward an "outsourced" model. This relies on external providers, creating potential barriers for students in a rural environment with transportation and internet challenges.

Local Providers and Capacity

Provider

Personnel

Services and Limitations

PMH Rural Health Clinic

John Borgens, LICSW; Dr. Amy Mitchell

In-person/telemedicine for teens and adults.

PMH Specialty Clinic

Dr. Christopher Lamps, MD

Child psychiatrist; available only 12 days per year.

Seneca Health Services

Multiple clinicians

Crisis and substance use treatment; limited staff.

Online/Telehealth

Various

Requires stable internet and private devices.

Crisis Intervention and Absenteeism Risks

The transition from in-house to outsourced care impacts the "Timely Response" principle. In-house counselors provide immediate de-escalation for trauma or suicidal ideation. An outsourced model introduces a "referral lag," which often ends the process for students without family support or transportation.

Statistical Impact on Attendance:

  • 34%: Chronic absenteeism rate in districts without mental health support.
  • 18%: Chronic absenteeism rate in districts with in-house behavioral health programs.

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Longitudinal Implications and Outlook

The "Pocahontas Model" signals a potential movement toward the de-professionalization of school support services. By prioritizing administrative goals (graduation rates) over developmental ones (emotional resilience), the district may face long-term risks:

  1. Erosion of Standards: The use of "functional substitutes" for legally mandated professionals may lower the quality of student care.
  2. Cultural Shift: School culture may move from a support-oriented environment to one focused on punitive or purely administrative measures.
  3. Institutional Expertise: Long-term vacancies filled by uncertified individuals lead to a loss of the expertise required to handle unanticipated emergencies (e.g., community-wide grief or social media escalations).

Policy Recommendations

To mitigate these risks, the district is advised to:

  • Formalize Tele-Counseling: Create dedicated private spaces in schools for telehealth sessions.
  • Enhance Social Work: Establish a permanent, full-time social work presence at PCHS to bridge the gap between coaching and therapy.
  • Monitor KPIs: Track chronic absenteeism as a primary indicator of the Graduation Coach model's efficacy compared to the 18% benchmark for in-house services.

Why One Rural County Traded School Counselors for ‘Academic Coaches

 


The Data-Driven State: Why One Rural County Traded School Counselors for ‘Academic Coaches’

The hallways of Pocahontas County High School in early September 2024 were defined by a peculiar kind of administrative paralysis. Following the retirement of a veteran counselor, the school’s master schedule—the fundamental heartbeat of the academic year—simply failed to materialize. For two chaotic weeks, students existed in a vacuum, reporting to the building only to find themselves without course placements or syllabi while administrators scrambled to build a schedule in real-time.

What began as a routine professional vacancy quickly spiraled into a total systemic collapse. By February 2025, the West Virginia Board of Education had declared a State of Emergency, stripping the district of its local autonomy. But the most radical shift was yet to come. To regain control, Pocahontas County didn't just fix its scheduling; it permanently abolished the role of the traditional school counselor. In its place, the district introduced "Academic Coaches"—a move that signals a profound shift in the philosophy of rural education: the trading of clinical mental health support for the cold efficiency of data integrity.

The Digital Backbone Snaps: When Paperwork Becomes a State Emergency

The catalyst for state intervention was not a lack of student potential, but a catastrophic breakdown in the "digital backbone" of the school. A Special Circumstance Review conducted by the West Virginia Department of Education (WVDE) in late 2024 revealed that the school’s management of the West Virginia Education Information System (WVEIS) was non-existent.

The investigation was damning. Out of 79 seniors, 41 required immediate transcript corrections. The errors were systemic: duplicate courses, incorrectly weighted transfer credits, and students enrolled in "credit recovery" for classes they had already passed. In some cases, students who had completed required programs remained stagnant in the system because no one knew how to update their digital records. The investigative report summarized the crisis with clinical bluntness:

"The review revealed that the school’s leadership and central office staff lacked the necessary expertise to effectively oversee the West Virginia Education Information System (WVEIS), which is the digital backbone for student data."

For the state, this technical insolvency was more than an inconvenience; it was a violation of "data integrity." Pocahontas became the fifth district in five years to face state seizure, proving that in the modern educational landscape, a school can survive a shortage of teachers, but it cannot survive a failure of its database.

The Fiscal Reckoning and the De-skilling of Care

Beneath the data crisis lay a harsh fiscal reality. Personnel costs consume approximately 80 percent of the district’s budget. For years, Pocahontas County had enjoyed what Superintendent Williams described as the "luxury" of a 1,400-student funding level—a figure that has since evaporated along with the local tax base.

The transition from Master’s-level counselors to Bachelor’s-level coaches was a rational, if painful, response to the expiration of federal ESSER funds and declining enrollment. By "de-skilling" the role of student support, the district found immediate financial relief:

  • The Salary Differential: State minimum salary schedules show that a Bachelor’s degree (A.B.) costs the district significantly less than a Master’s degree (M.A.). This gap starts at over $5,000 annually for new hires and widens to an $8,000 difference as educators gain experience.
  • The Certification Supplement: Traditional counselors often hold national certifications that mandate a $2,500 annual state supplement. By redesignating these positions as "Academic Coaches," the district avoids recruiting from a highly competitive, expensive pool of clinicians.

This shift represents a move toward a more affordable workforce that is untethered from the clinical requirements of a Master’s degree. It is a survival strategy for a district that could no longer afford the professional standards of the past.

The Legislative Sleight of Hand: HB 3209

On the surface, West Virginia’s 2025 legislative session seemed to protect the school counseling profession. House Bill 3209 mandated student-to-counselor ratios that, for a district the size of Pocahontas, required roughly 2.8 counselors. However, the bill included a "contracting out" clause—a loophole that allowed the district to meet its legal obligations through public-private partnerships rather than physical staff.

Pocahontas County used this flexibility to bridge the gap. While permanent, on-site counseling positions were abolished, the district turned to virtual mental health providers and community partnerships. This allowed the board to satisfy the letter of the law while fundamentally altering the spirit of student support. The district traded the Clinical Model—rooted in counseling theory, addiction prevention, and clinical ethics—for an Academic Coaching Model focused almost exclusively on academic motivation, credit recovery monitoring, and graduation metrics.

Data vs. Development: The Administrative Turn

The most revealing difference between a counselor and a coach is the "80/20 rule." In West Virginia, certified counselors are legally required to spend 80 percent of their time in direct clinical relationship with students. This mandate, designed as a protection for student mental health, was reframed by the district as a liability. The 80/20 rule prevented staff from spending the long, tedious hours required to clean up the WVEIS database.

Academic coaches, conversely, have no such clinical protection. They are "academic fixers" who can spend 100 percent of their time on transcript audits and administrative drudgery. This shift from proactive development to reactive auditing sparked significant internal friction. Board member Sam Gibson emerged as the lone dissenter in the 4-1 vote to abolish the positions, calling the administration’s strategy a "public relations tactical error."

Gibson pointed to a stark misalignment in local values, questioning why the district was prioritizing the funding of a new school security officer while simultaneously gutting the very counseling staff meant to prevent student crises. Despite the outcry from over thirty parents and teachers at board meetings, the administration argued that these cuts were the only way to "keep this school system in our hands" and avoid a total state takeover.

The "Pocahontas Model" as a Rural Blueprint

By February 2026, the strategy appeared to have succeeded—at least according to the state’s metrics. The West Virginia Board of Education voted unanimously to lift the State of Emergency and return the "keys to the car" to local leaders. The district had achieved "clean data." Every student in grades 9-12 finally had a clear academic roadmap (Personalized Education Plan), and the transcript crisis had been remediated through the diligent work of the new coaching staff.

However, this success was achieved at a clinical cost. The emergency was not lifted because student well-being had improved or because the opioid crisis’s impact on local youth had lessened. It was lifted because the district's administrative records were finally policy-compliant. The "Pocahontas Model" now stands as a blueprint for other rural districts: when you cannot find or afford specialized professionals, you de-professionalize the role and prioritize the data.

Conclusion: The Future of the Rural Workforce

The transformation in Pocahontas County highlights a burgeoning "Administrative Turn" in American education. In this new era, the school is no longer primarily a site for holistic human development, but a producer of quantifiable metrics—graduation rates, attendance data, and clean transcripts—that must be managed by specialists rather than clinicians.

This compliance-first approach to governance suggests that the integrity of the "Data State" now outranks the psychological development of the student. As rural districts across the country grapple with shrinking budgets and labor shortages, they must confront a chilling question: Is the primary duty of a school to support the psychological growth of the child, or to maintain the integrity of the record? In Pocahontas County, the answer is clear: the academic coach has arrived, and the counselor has been audited out of existence.

Abolishing the School Counselor Position at PCHS

 

 
 
 

Systemic Reconfiguration of Student Support Services: The Pocahontas County Transition

Executive Summary

The transition from traditional school counseling to an academic coaching model in Pocahontas County, West Virginia, represents a significant shift in rural educational governance. Triggered by a systemic breakdown in student record integrity and a subsequent state-declared emergency in February 2025, the district abolished certified counseling positions in favor of graduation and academic coaches.

This move was driven by three primary factors:

  1. Institutional Failure: Egregious errors in transcript management and scheduling necessitated a shift toward technical compliance.
  2. Fiscal Austerity: Declining enrollment and the expiration of federal pandemic relief (ESSER) funds forced the district to seek lower-cost personnel alternatives.
  3. State Mandates: The West Virginia Board of Education (WVBE) intervention required immediate remediation of data systems, favoring the administrative focus of "coaches" over the clinical focus of "counselors."

While the shift successfully restored local autonomy by February 2026, it highlights a broader trend toward the "de-professionalization" of student support, prioritizing data integrity and graduation metrics over on-site mental health and social-emotional learning (SEL).

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The Catalyst: Institutional Failure and State Intervention

The structural pivot in Pocahontas County was a reactive measure to a state-declared emergency following a period of profound institutional instability.

  • The 2024 Scheduling Crisis: Following the retirement of a long-term counselor in September 2024, Pocahontas County High School (PCHS) failed to prepare student schedules for the 2024-2025 academic year. Teachers and administrators were forced to develop a master schedule after students had already reported to the building, leaving students unaware of their course placements for the first two weeks.
  • Transcript Mismanagement: A Special Circumstance Review by the West Virginia Department of Education (WVDE) in October 2024 identified severe errors in transcript management. Out of 79 seniors reviewed, 41 required immediate corrections for:
    • Duplicate courses and incorrect naming conventions.
    • Improperly applied weights to transfer credits.
    • Incorrect enrollment in credit recovery for courses already completed.
  • State of Emergency: In February 2025, the WVBE declared a State of Emergency for Pocahontas County Schools. This led to a loss of local autonomy and placed the district under the oversight of the Office of Accountability and Office of Special Education.

Table 1: Timeline of Crisis and Policy Transition

Date

Key Event

Institutional Impact

September 2024

Retirement of PCHS Counselor

Creation of professional vacancy; start of scheduling crisis.

October 2024

WVDE Special Circumstance Review

Identification of systemic transcript and scheduling errors.

December 2024

Board Work Session on Coaching Roles

Proposal of "Dean of Students" to handle WVEIS issues.

February 2025

Declaration of State of Emergency

Loss of local autonomy; mandate for corrective action.

May 2025

Board Vote to Abolish Counselor Positions

Formal transition to Graduation/Academic Coach model.

February 2026

Lifting of State of Emergency

Restoration of local control following procedural fixes.

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The Political and Fiscal Framework

The decision to replace counselors with coaches was marked by a sharp divide between administrative necessity and community demand for clinical stability.

Local Autonomy vs. Dissent

The Pocahontas County Board of Education voted 4-1 to abolish eight positions, including counseling roles. Board member Sam Gibson emerged as the primary voice of dissent, questioning the timing of the cuts and the prioritization of a new school security officer over counseling staff. Despite community opposition—where over 30 parents, teachers, and students spoke against the cuts—Board President Emery Grimes argued the move was necessary to "keep this school system in our hands" and avoid a total state takeover.

Fiscal Motivations

Personnel costs consume approximately 80% of the district's budget. With declining student enrollment, the district faced a reduction in state aid, necessitating a "reduction in force" (RIF).

  • Salary Savings: Graduation and academic coaches typically require only a bachelor's degree, whereas school counselors must hold a master's degree and specific certification.
  • Credentialing Costs: The district avoided the $2,500 annual supplement required for nationally certified counselors and the higher base pay associated with master’s-level clinicians.

Table 2: Comparative Analysis of State Minimum Salary Schedules (2024-2025)

Years of Experience

Bachelor's Degree (A.B.)

Master's Degree (M.A.)

Difference (Annual)

0

$41,332

$46,628

$5,296

5

$44,475

$50,000*

$5,525*

10

$48,000*

$54,000*

$6,000*

15

$52,000*

$59,000*

$7,000*

20

$56,000*

$64,000*

$8,000*

*Estimates extrapolated from provided regional summaries.

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Pedagogical and Psychological Shift

The transition represents a move from a "proactive developmental model" to a "reactive administrative one."

From Clinical Support to Data Integrity

The primary function of the new coaching model was the remediation of the transcript crisis. Unlike certified counselors, whose time is legally protected (80% must be spent in direct counseling), academic coaches focus on:

  • WVEIS Management: Managing the digital backbone of student data and ensuring compliance with state graduation requirements (WVBE Policy 2510).
  • Credit Recovery: Monitoring at-risk students and auditing transcripts.
  • Personalized Education Plans (PEPs): Ensuring every student has a clear academic roadmap, a task previously neglected by the district.

The Loss of Clinical Presence

The loss of certified counselors has profound implications for social-emotional learning (SEL) and crisis intervention. While the district turned to virtual counseling and partnerships with Communities In Schools (CIS) and Youth Health Services to provide a "three-tiered system of support," these services lack the "embedded" nature of a full-time counselor.

Table 3: Functional Comparison of Support Roles

Service Type

Certified School Counselor

Graduation / Academic Coach

Clinical Intervention

Short-term counseling, crisis response

Limited; primarily resource referral

SEL Integration

Implementation of ASCA Mindsets

Focus on behavior impacting grades

Testing/Data Duties

Limited by 80/20 rule

Primary coordinator for tracking

Confidentiality

Strict clinical standards

Standard educational privacy (FERPA)

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Legislative Context and Resolution

The board's decision was facilitated by West Virginia legislative changes. House Bill 3209 (2025) mandated a ratio of two counselors per 1,000 students but included a "contracting out" clause. This allowed counties to satisfy legal requirements through public-private partnerships or virtual providers rather than permanent, on-site staff. Additionally, HB 5200 (2024) shifted focus toward career technical education (CTE) and "career readiness," aligning more closely with the role of a graduation coach.

Lifting the Emergency

On February 11, 2026, the WVBE unanimously voted to return full control to the Pocahontas County Board of Education. Superintendent Dr. Leatha Williams cited several milestones achieved under the coaching model:

  • A fully implemented Comprehensive School Counseling Program (CSCP).
  • Reorganized central office roles and regular school visits.
  • Creation of a compliance specialist position to oversee special education.

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Conclusion: The "Administrative Turn"

The "Pocahontas Model" reflects an "administrative turn" in educational philosophy. In this framework, schools are increasingly viewed as producers of data—transcripts, graduation rates, and attendance metrics—that require technical specialists rather than qualitative clinicians.

By prioritizing "academic fixers" over master’s-level counselors, the district successfully addressed its state of emergency and fiscal constraints. However, this success is predicated on a "compliance-first" approach that may lead to the long-term de-professionalization of student support services. As state accountability systems continue to trigger interventions based on administrative failures, the academic coach has emerged as the essential officer of the data-driven state.

 
 
 

 

Cass Junior High School (1954)

 


Institutional Profile: Cass Junior High School (1954)

Executive Summary

The following document provides a comprehensive overview of Cass Junior High School in West Virginia, synthesized from the institution's 1954 yearbook records. Established in 1901 alongside the town's industrial founding, the school evolved from a one-room facility with 16 pupils into a multi-grade junior high school. By 1954, the institution featured modern amenities including a 1949-erected gymnasium, a cafeteria program, and a library containing over 3,000 volumes. The school’s culture is characterized by strong community integration, a robust 4-H program, and significant support from local industry, particularly the Mower Lumber Company.

Institutional History and Development

The history of the school is inextricably linked to the industrial development of the town of Cass.

  • Foundation (1901): The town began with the construction of a sawmill and pulpmill by the West Virginia Pulp and Paper Company. The first school building was located on Main Street (now a dwelling), opening in the Fall of 1901 with teacher Miss Emma Burner and approximately 16 students.
  • Expansion (1908–1916): Due to population growth driven by the Range Lumber Company (1910) and an Extract Plant (1913), the school required larger facilities. A three-room building was constructed on Spruce Street in 1908. A North wing was added in 1916.
  • Transition to Junior High (1920s–1932): During the 1920s, the school attained Junior High status. In 1932, following the improvement of roads and the availability of school buses, high school students were transitioned to Green Bank, while Cass remained a Junior High.
  • Modern Era (1949): The most recent major structural addition was the gymnasium, completed in 1949, which serves as a central hub for school activities.

Administrative Leadership (1908–1954)

The school has been led by ten men and one woman as principal.

Tenure

Principal

1908–1912

B. B. Williams

1912–1913

J. C. Bond

1913–1915

John Sydenstricker

1915–1917

Graham LaRue

1917–1919

John Ralston

1919–1921

Edith Pitt

1921–1923

Denver Brown

1923–1924

K. J. Hamrich

1924–1928

T. A. Reed

1928–1937

Mack H. Brooks

1937–Present (1954)

J. K. Arbogast

Faculty and Academic Environment

The 1954 faculty consists of specialized instructors and grade-level teachers:

  • J. K. Arbogast: Principal.
  • Glen Tracy: Social Studies, English, and 4-H Club Leader.
  • Vera Swadley: Mathematics, Music, Art, and Handicraft.
  • Wilmer Ruckman: Grades 4 and 5.
  • Louise Brown: Grade 3.
  • Fern Kerr: Grade 2.
  • Ruth Riley: Grade 1.

Specialized Programs

  • Art and Handicraft: Directed by Mrs. Swadley, this program focuses on freehand drawing based on literature, basketry, and wood carving.
  • Library: Centrally located for Grades 4 through 8, the library houses over 3,000 volumes. It is managed by student librarians from Grades 7 and 8 under faculty supervision.
  • School Lunch Program: Sponsored by the PTA, the cafeteria provides balanced daily meals for twenty cents. The facility is staffed by cooks Mrs. Katherine Moss and Mrs. Grace Gaylor.

Student Organizations and Activities

The school maintains several active student groups that focus on community service, skill-building, and school spirit.

Cass Handy-Andy Junior 4-H Club

With the motto "To Make the Best Better," this 33-member club is a cornerstone of student life.

  • Officers: John Davis (President), Eugene Davis (Vice President), Gwendolyn Blackhurst (Secretary), Linda Dickenson (Treasurer), Connie Hamrick (Reporter), Louise Barkley (Song Leader), and Barbara Simmons (Game Leader).
  • Projects: Students engage in individual projects including livestock, poultry, gardening, cooking, sewing, and electrification.
  • Achievements: The club has won ribbons at both County and State Fairs.

Extracurricular Clubs and Teams

  • Harmonica Club: Provides musical engagement for students.
  • Safety Patrol: Responsible for student safety and order.
  • Cheerleaders: Support the athletic teams during gymnasium events.
  • Basketball Team: The team utilizes the gymnasium extensively. Over a four-year period, they recorded 22 wins, 24 losses, and 1 tie.

Athletic and Social Facilities

The gymnasium is described as the "center of great activity," hosting basketball, dodgeball, and various games during intermissions.

  • Seasonal Sports: Fall is dominated by football for boys. Spring activities include marbles and softball, while girls utilize swings, see-saws, hop-scotch, and rope-skipping.
  • Physical Limitations: Official records note that the playground area is "very limited in size."

Graduation of 1954

The Class of 1954 graduation was scheduled for May 18.

  • Class President: John Davis.
  • Class Flower: Rhododendron.
  • Class Colors: Lavender and White.
  • Class Motto: "The Master Builder Never Trusts to Luck."

Economic and Community Context

The school is heavily supported by the local community and surrounding businesses in Cass, Marlinton, Durbin, Boyer, and Bartow.

Key Industrial Patron

The Mower Lumber Company is a primary supporter, reflecting the town's origins as a mill site. They specialize in West Virginia Hardwoods, including:

  • Cherry, Birch, and Spruce panels.
  • Knotty Pine paneling and Spruce framing/sheathing.
  • Flooring, treads, and risers.

Local Business Support

The yearbook features "Boosters" and advertisements from various local sectors:

  • Automotive/Service: Bledsoe Motor Co., Snyder Chevrolet Co., Sheets Garage, Plyler’s Service Station, and Marlinton Motor Sales (Ford).
  • Utilities and Finance: Marlinton Electric Company and The Bank of Marlinton (Member FDIC).
  • Consumer Goods: Kane’s Markets (Fresh Meats/Staple Groceries), Philco Appliances, Pocahontas Dairy, and Western Auto Associate Store.
  • Services: McNeills Barber Shop and Billiard Parlor, Marlinton Cleaners, and C. J. Richardson (Hardware and Furniture).

Rockets in the Holler: 5 Surprising Truths from a 1954 Appalachian Yearbook

 


Rockets in the Holler: 5 Surprising Truths from a 1954 Appalachian Yearbook

1. Introduction: A Time Capsule from Cass

Step back into 1954 in Cass, West Virginia. In this pocket of the Monongahela National Forest, the air would have been thick with the scent of fresh-cut timber and the industrial hum of the West Virginia Pulp and Paper Company. Founded in 1901 alongside a massive sawmill, Cass was a town literally built from sawdust and struggle. It was an environment of expansion: by 1910, the Range Lumber Company had established itself at Deer Creek, and by 1913, an Extract Plant was constructed to further feed the town’s industrial appetite. One might expect its school yearbook to be a modest, rustic affair reflecting these deep roots in the hardwood industry.

However, the "1954 Cass" yearbook reveals a community standing at a fascinating cultural crossroads. It is a document that captures a moment in time where deep Appalachian industrial heritage met the soaring optimism of the early Space Age. Within its pages, the grit of the lumber mill lives side-by-side with illustrations of lunar colonies, suggesting that even in the quietest "hollers," the horizon was expanding toward the stars.

2. The Space Age in a Sawmill Town

Perhaps the most striking feature of the 1954 yearbook is the visual aesthetic used for grade dividers. Despite the school's origins—rooted in the 1901 mill and the heavy machinery of the early century—the students chose to frame their academic year through a futuristic, science-fiction lens.

The grade dividers are a parade of mid-century cosmic wonder executed in a distinct pen-and-ink style. The 1st and 2nd grade sections feature children piloting bubble-topped space pods past cratered moons. The 3rd and 4th grade divider depicts astronauts in jetpacks boarding a massive rocket ship characterized by heavy, visible rivets on the hull. The 7th-grade rocket continues this "steampunk" aesthetic, featuring a vertical row of stacked portholes that look more like a submarine than a modern NASA shuttle.

The "Activities" divider provides a charmingly absurd juxtaposition: a child in a full space helmet and jetpack is shown preparing to throw a heavy medicine ball, while another student in a suit plays a trumpet. Most telling is the advertising section, where a needle-nosed rocket ship tows a banner for "Ice Cream at Joe’s" past a billboard for the "Asteroid DRIVE-INN" (notably preserved with its original double-'n' spelling). For a community built on the tangible labor of timbering, these illustrations reflect a powerful collective desire to participate in the "modern" world of tomorrow.

3. The Evolution of the Twenty-Cent Lunch

The yearbook provides a poignant look at the modernization of student welfare, specifically through the "School Lunch" program. The text reflects on how much the daily experience of a Cass student had changed in just two decades, transitioning from survival-based service to a cornerstone of student health.

The yearbook explicitly compares the 1954 experience to the leaner years of the past:

"Our school cafeteria has come a long way from the bowl of soup in depression times which supplemented the cold lunch carried by the boys and girls, to our more modern lunchroom which furnishes a full balanced meal each day for a pupil cost of twenty cents."

This transition was fueled by the Parent-Teacher Association, which furnished the kitchen with "up-to-date equipment." Under the care of cooks Mrs. Katherine Moss and Mrs. Grace Gaylor, the program became a sophisticated operation. The local supply chain even mirrored this modernity, with "Pocahontas Dairy" providing milk and ice cream to the community’s "West Virginia Finest" modern facilities.

4. 4-H: From "Family Cows" to Electrification

The activities of the "Cass Handy-Andy Junior 4-H Club" offer a window into the dual nature of mid-century rural life. The club, which boasted a robust membership of thirty-three members, operated under the motto "To Make the Best Better." Leadership was entirely student-driven, led by President John Davis, Vice President Eugene Davis, Secretary Gwendolyn Blackhurst, Treasurer Linda Dickenson, Reporter Connie Hamrick, Song Leader Louise Barkley, and Game Leader Barbara Simmons.

Students chose from a remarkably diverse range of projects that balanced traditional self-sufficiency with 20th-century progress:

  • Traditional Agriculture: Livestock, poultry, market lamb, and the "family cow."
  • Domestic Arts: Cooking, sewing, food preservation, and home beautification.
  • The Modern Frontier: Rural electrification and personal accounts.

This mixture shows that while the students were still very much engaged in the labor of the farm, they were also being trained in the technological and financial literacies required for a changing American landscape.

5. Student Power in the Library Stacks

The organizational structure of the Cass school library reveals a high level of student autonomy. In 1954, the school operated without a "regular librarian on the Faculty." Instead, the library—described as one of the school’s "workshops"—was managed by student librarians from the 7th and 8th grades.

While these students worked under the supervision of the principal and teachers, they were the primary stewards of a collection that had grown to over three thousand volumes. This growth was fueled by annual contributions from the PTA and the Board of Education. Placing the keys to the library in the hands of thirteen and fourteen-year-olds was a testament to the community's trust in its youth to manage their own intellectual development.

6. The Gymnasium: The Pulsing Heart of the Community

The school gymnasium, erected in 1949, served as the town’s primary social hub. The yearbook describes it as the "center of great activity," where students burned off "suplus energy" with "lusty yells" during basketball games and intermissions. The basketball team itself held a modest but proud four-year record of 22 wins, 24 losses, and 1 tie.

The social life of the school was clearly delineated by gender, largely due to physical constraints. The yearbook notes that the "playground is very limited in size," which dictated play. In the Fall, football was the "chief attraction" for the boys, while "marbles and softball" dominated the Spring. For the girls, the restricted space meant they were largely relegated to "swings and see-saws" in the Fall and "hop-scotch and rope-skipping" in the Spring. Despite these traditional divides, the gymnasium remained the communal hearth where the entire student body gathered.

7. Conclusion: The Master Builder’s Legacy

The 1954 Cass yearbook is more than a list of names; it is a record of an Appalachian community that refused to be defined solely by its industrial past. While local businesses like the Mower Lumber Co., Sheets Garage, and Fred’s Radio Service (a dealer in Zenith Radios) funded the pages, the content focused on the intersection of craft and progress.

This "Master Builder" mentality was an active part of the curriculum. In the Eighth-grade "Art and Handicraft" classes led by Mrs. Swadley, students engaged in "basketry and wood carving"—skills that bridged the gap between old-world Appalachian handiwork and the precision required for the new world. The Class of 1954 chose a fitting motto for this philosophy: "The Master Builder Never Trusts to Luck." It was a nod to the craftsmanship of the mills and a directive for their own journey into a world of "Asteroid DRIVE-INNs" and 20-cent meals.

If a small timber town in 1954 could dream of rockets and asteroids while still tending to the "family cow," what are we overlooking in the quiet corners of our own communities today?



Street Copy

 

IN THE CIRCUIT COURT OF POCAHONTAS COUNTY, WEST VIRGINIA

IN RE: PETITION FOR THE REMOVAL OF: DR. LEATHA WILLIAMS, SUPERINTENDENT, AND THE MEMBERS OF THE BOARD OF EDUCATION WHO VOTED IN THE AFFIRMATIVE TO ABOLISH THE COUNSELING POSITION AND SUBSTITUTE AN ACADEMIC COACH.

RESPONDENTS.


STATEMENT OF FACTS

COMES NOW the Petitioners, citizens and registered voters of Pocahontas County, West Virginia, who respectfully submit the following Statement of Facts in support of the Petition to Remove the above-named Respondents from office pursuant to West Virginia Code § 6-6-7. The Petitioners assert that the Respondents have committed "Neglect of Duty" through the knowing refusal and willful failure to perform essential acts required by law, specifically the abolition of state-mandated mental health safety nets at Pocahontas County High School.

I. THE MANDATORY STATUTORY DUTY

  1. Mandate for Counseling Services: Under West Virginia Code § 18-5-18b, county boards of education are explicitly required to "provide counseling services for each pupil." The statute defines a school counselor as a "professional educator who holds a valid school counselor's certificate".
  2. The "80% Rule": Both W. Va. Code § 18-5-18b and West Virginia Board of Education (WVBE) Policy 2315 mandate that certified school counselors spend at least 80% of their time in a "direct counseling relationship" with students. This legislative safeguard is designed to ensure students have access to clinical support, crisis intervention, and holistic development.
  3. Comprehensive School Counseling Program (CSCP): State law requires the implementation of a CSCP, which serves as a "statutory safety net" to detect and prevent student mental health crises, suicidal ideation, and behavioral escalation.

II. THE ACT OF ABOLITION AND SUBSTITUTION

  1. Abolition of Position: Respondent Superintendent Dr. Leatha Williams, with the affirmative vote of the Respondent Board Members, formally "abolished" the certified school counselor position at Pocahontas County High School (PCHS).
  2. Unlawful Substitution: In lieu of a certified professional, the Respondents created and filled the position of "Graduation Coach" or "Academic Coach." The sources confirm that a Graduation Coach acts merely as an administrative interventionist focused on data and graduation metrics, lacking the master’s-level clinical training required by law.
  3. Legal Bar to Practice: The "Graduation Coach" is legally barred from performing the essential duties of a school counselor, including mental health crisis intervention, suicide risk assessment, and specific therapeutic tasks. Consequently, the Respondents have knowingly left the 833 students of PCHS in a "clinical vacuum" without a resident expert to handle immediate psychological emergencies.

III. NEGLECT OF DUTY AND INSTITUTIONAL NEGLIGENCE

  1. Knowing Refusal to Comply: Neglect of duty is defined as the "knowing refusal or willful failure of a public officer to perform an essential act or duty of the office required by law". By abolishing the counseling position, the Respondents effectively removed the clinical service provider mandated by the legislature, placing the district in "technical violation" of state code.
  2. Prioritization of "Hardening" over "Healing": The Respondents demonstrated Institutional Negligence by approving expenditures exceeding $540,000 for physical security measures (gates, alarms) while simultaneously abolishing the counselor position. This prioritization of "hardening" over "healing" ignores the statutory requirement for clinical safety and fails to address the internal, behavioral causes of school violence.
  3. Creation of Systemic Inequity: The Respondents’ actions have created a "professional desert" and a two-tiered system where rural students at PCHS are denied the professional mental health care afforded to students in other districts, receiving only administrative tracking in its place.
  4. Ripple Effect of Non-Compliance: To mitigate the damage of their decision, Respondents assigned a middle school counselor to visit the high school part-time. This act further constitutes neglect of duty by diluting services at the middle school level, thereby violating CSCP requirements for those students as well.

IV. HARM AND DAMAGES

  1. Risk to Student Safety: The Special Circumstance Review triggered by the state revealed that the absence of a certified counselor resulted in a "clinical vacuum," leaving the school vulnerable to preventable tragedies and liability for institutional negligence.
  2. Compromised Academic Integrity: The investigation found evidence of "inaccurate credit transcription" and potentially "intentional" acts regarding student records. These errors are a direct result of removing the certified counselor, who acts as the ethical "registrar of the student's academic soul," further demonstrating the Respondents' incompetence in maintaining the integrity of student data.
  3. State of Emergency: The magnitude of these failures was sufficient for the West Virginia Board of Education to declare a "State of Emergency" for Pocahontas County Schools in February 2025. The specific findings cited the lack of a certified counselor and the failure to implement Personal Education Plans (PEPs) as key deficiencies.

PRAYER FOR RELIEF

WHEREFORE, the Petitioners respectfully pray that this Honorable Court:

  1. Accept this Petition and find that the allegations set forth herein, if proven, constitute "Neglect of Duty" and "Incompetence" under West Virginia Code § 6-6-7;
  2. Forward this Petition to the Supreme Court of Appeals of West Virginia for the appointment of a Three-Judge Court to hear these charges pursuant to W. Va. Code § 6-6-7;
  3. Conduct a formal hearing wherein the Petitioners may present clear and convincing evidence that the Respondents knowingly refused to comply with the mandates of W. Va. Code § 18-5-18b, thereby endangering the welfare of the student body; and
  4. Issue an Order removing the Respondents from their respective offices as Superintendent and Members of the Board of Education of Pocahontas County, restoring the rule of law and the statutory safety nets owed to the students of this County.

Respectfully Submitted,


(Signature of Petitioners) Citizens of Pocahontas County                          Date Signed

 

 
 
 

Petition

 


Statutory Foundations for Removal
 
I am currently synthesizing the legal frameworks governing the removal of school officials in West Virginia, specifically focusing on the intersection of administrative non-compliance and official misconduct. My initial analysis identifies West Virginia Code §6-6-7 as a primary mechanism for removing elected county officers, including board members, for neglect of duty or malfeasance. Simultaneously, I am evaluating §18-4-3, which outlines the specific grounds for removing a county superintendent. I am thinking through how a 'failure to comply with state law'—such as the mandatory staffing ratios for school counselors—elevates from a regulatory violation to a removable offense.
 
Clinical Safety and Statutory Mandates
 
Through a detailed review of recent investigative reports, I have uncovered a significant conflict regarding the 'clinical safety' of students. A major point of contention involves the substitution of certified school counselors with 'Graduation Coaches,' a move that appears to bypass the mandates of W. Va. Code §18-5-18b. I have noted that while physical security measures were prioritized with substantial funding, the removal of mental health professionals has created what is being termed a 'clinical vacuum.' This shift raises complex questions about 'institutional negligence' and whether such a decision constitutes an arbitrary or capricious action by the board, potentially meeting the legal threshold for removal.
 
Investigating Procedural Paths and Case Studies
 
Moving forward, I will investigate the specific procedural hurdles required to initiate a removal petition, including the roles of the circuit court and the State Board of Education's intervention powers under §18-2E-5. I plan to dive deeper into the recent developments in Pocahontas County to understand how the 'Statement of Non-Compliance' filed against the board serves as a catalyst for potential judicial action. My next steps involve clarifying the distinction between state-level administrative takeovers and the individual removal of board members or the superintendent for specific statutory violations
Judicial Pathways to Removal
I am synthesizing the dual-track process for removal in West Virginia, where both judicial and administrative authorities overlap. Under Code §6-6-7, I have identified that a three-judge court must find 'clear and convincing evidence' of official misconduct or neglect of duty to remove a school board member. This standard is exceptionally high, typically requiring proof of willful unlawful behavior or a total failure to perform a mandatory duty. I am analyzing how this judicial path contrasts with the State Superintendent’s authority under §18-3-4, which allows for the initiation of proceedings against any school official for a persistent failure to comply with the rules of the state Board of Education.
Local Governance and Non-Compliance
I have uncovered critical developments in Pocahontas County from early 2026, where the substitution of school counselors with 'graduation coaches' has led to a formal 'Statement of Non-Compliance.' This specific conflict highlights a tension between local fiscal decisions and state mandates like §18-5-18b, which requires counselors to spend 80% of their time on direct service. I am evaluating how the board's decision to cut these positions, despite documented warnings of a 'clinical vacuum,' might be legally classified as 'arbitrary and capricious,' a key threshold for establishing the neglect of duty required for removal.
Escalation and Administrative Intervention
Moving forward, I will focus on the specific escalation steps that follow a state-issued 'Statement of Non-Compliance.' I need to determine if this administrative label serves as the requisite legal trigger for a three-judge court to act, or if it primarily leads to a state takeover of the county system. My next steps include examining West Virginia Supreme Court precedents to clarify what specific actions constitute 'insubordination' by a county superintendent versus 'neglect of duty' by a board member, ensuring I can trace the exact path from a regulatory violation to a change in leadership.
 

To file a formal petition for the removal of a school official in West Virginia, you must adhere to the procedural requirements of West Virginia Code § 6-6-7. Below is a draft template for a citizen-initiated petition based on the legal standards and substantive grounds for removal.



IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA

IN RE: PETITION FOR THE REMOVAL OF,

PETITION FOR REMOVAL FROM OFFICE

Now come the undersigned Petitioners, being registered and qualified voters of [County Name] County, West Virginia, and proffer charges for the removal of [Official's Name] (hereinafter "Respondent") from the office of pursuant to West Virginia Code § 6-6-7.

I. STATEMENT OF AUTHORITY AND JURISDICTION

  1. This Petition is filed pursuant to W. Va. Code § 6-6-7, which authorizes the removal of any county or school district officer for official misconduct, neglect of duty, or incompetence.

  2. Petitioners represent the required number of qualified voters as dictated by W. Va. Code § 6-6-7(b)(1)(C), based on the population of [County Name] County.

II. GROUNDS FOR REMOVAL

The Petitioners proffer that the Respondent has engaged in the following:

Charge 1: Neglect of Duty (W. Va. Code § 18-5-18b) The Respondent has committed a "knowing refusal or willful failure to perform an essential act or duty required by law". Specifically:

  • Failure to Implement Mandated Services: The Respondent voted to abolish certified school counselor positions at, replacing them with "Graduation Coaches" who lack the clinical certification required to perform suicide risk assessments and mental health interventions.

  • Violation of the 80% Rule: By replacing counselors with administrative staff, the Respondent willfully failed to ensure that students have access to a comprehensive counseling program where the professional spends 80% of their time in direct counseling relationships, as mandated by W. Va. Code § 18-5-18b.

  • Creation of a "Clinical Vacuum": This failure has created a "clinical vacuum" and a "dangerous gap" in student safety, constituting a disregard for the statutory safety net designed to prevent violence and manage mental health crises.

Charge 2: Neglect of Duty (W. Va. Code § 18-5-1A)

The Respondent has failed to complete mandatory training requirements for school board members:

  • The Respondent failed to attend and complete the required orientation and annual training on governance and fiscal management without good cause.

  • Per W. Va. Code § 18-5-1A(2), this failure constitutes per se "neglect of duty" under § 6-6-7.

Charge 3: Incompetence The Respondent has demonstrated incompetence through the "waste or misappropriation of public funds".

  • Specifically, the Respondent authorized the expenditure of over $540,000 on physical security measures (e.g., gates and alarms) while simultaneously removing the clinically trained personnel required by law to provide preventative behavioral intervention, thereby rendering the security investments ineffective and the school environment clinically unsafe.

III. INFORMED ACKNOWLEDGEMENT Each Petitioner, by signing below, acknowledges that they have read the charges herein and agree that the allegations, if proven by clear and convincing evidence, warrant the removal of the Respondent from office.

IV. PRAYER FOR RELIEF

WHEREFORE, the Petitioners respectfully request that this Court:

  1. Enter this Petition of record;

  2. Issue a summons for the Respondent to appear;

  3. Evaluate these charges as sufficient under the strict construction required by law; and

  4. Forward this matter to the Supreme Court of Appeals for the appointment of a Three-Judge Court to hear the charges and order the removal of the Respondent from office.


VERIFICATION

STATE OF WEST VIRGINIA

COUNTY OF, to-wit:

I, [Name of Lead Petitioner], being first duly sworn, say that the facts and allegations contained in the foregoing Petition are true, except so far as they are therein stated to be on information and belief, and that so far as they are therein stated to be on information and belief, I believe them to be true.


Taken, subscribed, and sworn to before me this ____ day of [Month], 2026.


Notary Public

My commission expires: _______________


PETITIONER SIGNATURES (Note: Every page containing signatures must include the official's name, office, and the charges or grounds for removal).

Printed NameResidence AddressDate SignedSignature
1.


2.


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IN THE CIRCUIT COURT OF POCAHONTAS COUNTY, WEST VIRGINIA

IN RE: PETITION FOR THE REMOVAL OF: DR. LEATHA WILLIAMS, SUPERINTENDENT, AND THE MEMBERS OF THE BOARD OF EDUCATION WHO VOTED IN THE AFFIRMATIVE

RESPONDENTS.


STATEMENT OF FACTS

COMES NOW the Petitioners, citizens and registered voters of Pocahontas County, West Virginia, who respectfully submit the following Statement of Facts in support of the Petition to Remove the above-named Respondents from office pursuant to West Virginia Code § 6-6-7. The Petitioners assert that the Respondents have committed "Neglect of Duty" through the knowing refusal and willful failure to perform essential acts required by law, specifically the abolition of state-mandated mental health safety nets at Pocahontas County High School.

I. THE MANDATORY STATUTORY DUTY

  1. Mandate for Counseling Services: Under West Virginia Code § 18-5-18b, county boards of education are explicitly required to "provide counseling services for each pupil." The statute defines a school counselor as a "professional educator who holds a valid school counselor's certificate".
  2. The "80% Rule": Both W. Va. Code § 18-5-18b and West Virginia Board of Education (WVBE) Policy 2315 mandate that certified school counselors spend at least 80% of their time in a "direct counseling relationship" with students. This legislative safeguard is designed to ensure students have access to clinical support, crisis intervention, and holistic development.
  3. Comprehensive School Counseling Program (CSCP): State law requires the implementation of a CSCP, which serves as a "statutory safety net" to detect and prevent student mental health crises, suicidal ideation, and behavioral escalation.

II. THE ACT OF ABOLITION AND SUBSTITUTION

  1. Abolition of Position: Respondent Superintendent Dr. Leatha Williams, with the affirmative vote of the Respondent Board Members, formally "abolished" the certified school counselor position at Pocahontas County High School (PCHS).
  2. Unlawful Substitution: In lieu of a certified professional, the Respondents created and filled the position of "Graduation Coach" or "Academic Coach." The sources confirm that a Graduation Coach acts merely as an administrative interventionist focused on data and graduation metrics, lacking the master’s-level clinical training required by law.
  3. Legal Bar to Practice: The "Graduation Coach" is legally barred from performing the essential duties of a school counselor, including mental health crisis intervention, suicide risk assessment, and specific therapeutic tasks. Consequently, the Respondents have knowingly left the 833 students of PCHS in a "clinical vacuum" without a resident expert to handle immediate psychological emergencies.

III. NEGLECT OF DUTY AND INSTITUTIONAL NEGLIGENCE

  1. Knowing Refusal to Comply: Neglect of duty is defined as the "knowing refusal or willful failure of a public officer to perform an essential act or duty of the office required by law". By abolishing the counseling position, the Respondents effectively removed the clinical service provider mandated by the legislature, placing the district in "technical violation" of state code.
  2. Prioritization of "Hardening" over "Healing": The Respondents demonstrated Institutional Negligence by approving expenditures exceeding $540,000 for physical security measures (gates, alarms) while simultaneously abolishing the counselor position. This prioritization of "hardening" over "healing" ignores the statutory requirement for clinical safety and fails to address the internal, behavioral causes of school violence.
  3. Creation of Systemic Inequity: The Respondents’ actions have created a "professional desert" and a two-tiered system where rural students at PCHS are denied the professional mental health care afforded to students in other districts, receiving only administrative tracking in its place.
  4. Ripple Effect of Non-Compliance: To mitigate the damage of their decision, Respondents assigned a middle school counselor to visit the high school part-time. This act further constitutes neglect of duty by diluting services at the middle school level, thereby violating CSCP requirements for those students as well.

IV. HARM AND DAMAGES

  1. Risk to Student Safety: The Special Circumstance Review triggered by the state revealed that the absence of a certified counselor resulted in a "clinical vacuum," leaving the school vulnerable to preventable tragedies and liability for institutional negligence.
  2. Compromised Academic Integrity: The investigation found evidence of "inaccurate credit transcription" and potentially "intentional" acts regarding student records. These errors are a direct result of removing the certified counselor, who acts as the ethical "registrar of the student's academic soul," further demonstrating the Respondents' incompetence in maintaining the integrity of student data.
  3. State of Emergency: The magnitude of these failures was sufficient for the West Virginia Board of Education to declare a "State of Emergency" for Pocahontas County Schools in February 2025. The specific findings cited the lack of a certified counselor and the failure to implement Personal Education Plans (PEPs) as key deficiencies.

PRAYER FOR RELIEF

WHEREFORE, the Petitioners respectfully pray that this Honorable Court:

  1. Accept this Petition and find that the allegations set forth herein, if proven, constitute "Neglect of Duty" and "Incompetence" under West Virginia Code § 6-6-7;
  2. Forward this Petition to the Supreme Court of Appeals of West Virginia for the appointment of a Three-Judge Court to hear these charges pursuant to W. Va. Code § 6-6-7;
  3. Conduct a formal hearing wherein the Petitioners may present clear and convincing evidence that the Respondents knowingly refused to comply with the mandates of W. Va. Code § 18-5-18b, thereby endangering the welfare of the student body; and
  4. Issue an Order removing the Respondents from their respective offices as Superintendent and Members of the Board of Education of Pocahontas County, restoring the rule of law and the statutory safety nets owed to the students of this County.

Respectfully Submitted,


(Signature of Petitioners) Citizens of Pocahontas County

 
 
 

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