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?
.png)
No comments:
Post a Comment