Special Investigative Report and Legal Analysis of the Decision to Abolish Certified School Counseling at Pocahontas County High School
Executive Summary and Formal Statement of Non-Compliance
The decision rendered by the Pocahontas County Board of Education on January 27, 2026, to abolish the professional school counselor position at Pocahontas County High School (PCHS) constitutes a severe departure from statutory mandates and professional standards in the state of West Virginia.1 By a majority vote of four to one, the board approved the elimination of this clinically certified role, favoring an administrative and clerical substitution that fails to meet the legal requirements for student support services.1 This report serves as a formal audit of that decision, identifying the systemic failures in governance and the subsequent legal and clinical liabilities incurred by the Pocahontas County School System, the Superintendent, and the individual board members who voted in the affirmative.
The central failure of this administrative action lies in its focus on clerical repairs—specifically the remediation of transcript errors and scheduling deficits identified during the 2025 State of Emergency—while entirely neglecting the clinical and therapeutic needs of the student body.3 The board’s strategy of substituting a master’s-level certified school counselor with an "academic coach" or "graduation coach" misses the fundamental point of the West Virginia Code §18-5-18b, which preserves 80% of a counselor’s time for direct therapeutic relationships.2 This substitution creates a dangerous vacuum in mental health oversight, social-emotional learning, and crisis intervention, leaving the students of PCHS without the specialized support required by both state and federal law.2
The 2025 State of Emergency and the Mischaracterization of the State’s Task
To understand the severity of the board's recent decision, one must examine the context of the State of Emergency declared for PCHS in February 2025 by the West Virginia Board of Education (WVBE).9 This heightened status was not merely a reaction to poor test scores but was a response to a "special circumstance review" that uncovered profound non-compliance in the areas of leadership, school environment, special education, and specifically, the comprehensive school counseling program (CSCP).5
The findings from the 2024 on-site review indicated that the counselor’s role had been vacant since September of that year, and the services provided to students were "lacking for some time".5 The "state's task" in this context was to force the county to remediate these deficiencies and establish a functional, certified counseling framework.9 However, the county’s leadership interpreted this task through a narrow, administrative lens, focusing on the mechanics of WVEIS (West Virginia Education Information System) and the clerical accuracy of transcripts.4
The "clerical fixes" implemented—such as securing WVEIS access for the principal and correcting weighted grades—addressed the symptoms of administrative dysfunction but ignored the underlying clinical crisis.10 The state's requirement was for a certified counselor to implement a clinical program, yet the county responded by eliminating the role entirely in a misguided attempt to reallocate funds toward a security officer and academic tracking personnel.1
Statutory Mandates and the Clinical Nature of the 80/20 Rule
The West Virginia Code is explicit in its definition and protection of the school counselor role. Under §18-5-18b, a "school counselor" must be a "professional educator" holding a valid certificate, typically requiring a master’s degree in school counseling.2 This clinical training is the foundation of the state’s requirement that "each county board shall provide counseling services for each pupil".2
The board’s decision to hire an "academic coach" as a substitute is a direct violation of the intent behind the 80/20 Rule.
This rule, codified in §18-5-18b(f), is a safeguard designed to protect the therapeutic integrity of the counselor-student relationship.2 It stipulates that 80% of the workday must be spent in a "direct counseling relationship with pupils," with a strict 20% cap on "administrative activities".2
The 80% Clinical Requirement: Therapeutic, Emotional, and Mental Health
The 80% portion of a counselor's duty is not merely advisement on course selection; it is a clinical mandate to address "academic, social, emotional, and physical needs" through "developmental, preventive and remedial guidance and counseling programs".2 This includes:
Individual and Group Counseling: Short-term therapeutic intervention to address student trauma, grief, anxiety, and behavioral issues.8
Crisis Response: The immediate clinical assessment of students exhibiting suicidal ideation or potential for violence.8
Preventative Programming: Addressing systemic issues like dropout prevention, bullying, and substance abuse through specialized clinical modules.2
The 20% Clerical Cap: Administrative Limitations
The remaining 20% of the role is reserved for "counselor-related" administrative tasks, such as master scheduling, scholarship coordination, and transcript review.2 By abolishing the counselor and hiring a "graduation coach," the board is essentially hiring a person whose entire job description is legally capped at 20% of the required counselor workload.7 A graduation coach, lacking clinical certification, is legally and professionally barred from performing the 80% therapeutic functions.18
This raises the critical question that the board has failed to answer: If the graduation coach is occupied with the 20% clerical tasks (transcribing grades, building schedules, and tracking credits), who is providing the 80% of services related to the mental and emotional health of the 833 students at PCHS?1 By the board's own logic, they have eliminated the only personnel qualified to perform the vast majority of the role's statutory duties.
The Substitution Fallacy: Certified Counselor vs. Graduation Coach
The administrative justification for this abolishment, as presented by Superintendent Dr. Leatha Williams, is that the high school positions "had not been filled by certified personnel for up to two years" and that the district must manage personnel in alignment with declining enrollment and budget losses.1 This reasoning, however, fails to withstand legal scrutiny when applied to a mandated professional role.
The graduation coach role, as typically defined in vocational and virtual settings, focuses on "identifying and providing interventions to students that are at risk of not graduating on time".20 This is a clerical fix for graduation rates, not a clinical fix for student wellness.7 A coach focuses on "future, barrier identification, goal setting, and planning," whereas a counselor is trained to work with the "conscious and unconscious mind" to address deeper psychological needs.18 Substituting a coach for a counselor is not a "reutilization" of positions; it is a degradation of the quality of care provided to the student body.1
The Dissenting Voice and the Governance Breakdown
The four-to-one vote on the abolishments highlights a significant rift in the board's commitment to its fiduciary and statutory duties. Board member Sam Gibson provided a lone nay vote, arguing that the issue was addressed in the "wrong manner" and was "too soon".1 Gibson's request for specific data—including the monetary savings from the abolishments, the number of level three and four offenses, and the frequency of police calls at the high school—indicates that the majority of the board voted to eliminate the counselor position without first understanding the safety and behavioral profile of the school.1
This failure to gather relevant data before eliminating a safety-critical position points to a "governance culture fundamentally misaligned with its responsibilities to students".21 The board's preference for hiring a security officer over maintaining a counselor suggests a reactive, punitive approach to student behavior rather than the proactive, clinical approach required by the West Virginia School Counseling Model.1 This misalignment is a hallmark of "administrative dysfunction" that often leads to state takeovers and interventions.21
Potential Worst-Case Outcomes of Clinical Negligence
The elimination of professional counseling services at a high school creates a profound risk of catastrophic loss. Without a clinical expert on-site to identify and mitigate risks, the school is vulnerable to events that could lead to life-altering consequences for students and astronomical liabilities for the district.
Student Self-Harm and Suicide
Certified counselors are the primary gatekeepers for mental health screening in schools.8 In a "worst-case" scenario, a student exhibiting warning signs of suicidal ideation goes unnoticed because their primary contact is an "academic coach" focused on credit recovery.16 Research shows that students who receive counseling have significantly better health outcomes and higher retention rates; removing these services creates a "legal and financial liability from a lawsuit resulting from harm to a student's well-being".16
Violence and Lack of Preventive Intervention
The 2024 review already identified "insufficient security measures" and "inconsistent disciplinary protocols" at PCHS.5 School counselors are essential to de-escalating grievances and identifying students who may be prone to violence.2 Eliminating this clinical layer increases the likelihood of "death and disaster" scenarios, such as mass shootings or fatal altercations, which have historically wake the nation to the fact that classrooms can become "killing grounds".23
Systemic Failure of Exceptional Education
The 2025 State of Emergency report noted that special education processes at PCHS did not meet federal standards.5 School counselors are "related service" providers under the Individuals with Disabilities Education Act (IDEA) and Section 504.7 By abolishing the counselor position, the district is effectively ensuring that students with emotional and behavioral disabilities will not receive the "Free Appropriate Public Education" (FAPE) mandated by federal law.26 This failure leads to "educational malpractice" claims and potential "constitutional torts" under Section 1983.28
Liabilities for the System, Superintendent, and Board Members
The decision to eliminate a mandated clinical position in favor of a lesser-qualified employee creates a cascade of liabilities. These are not merely organizational; they extend to the personal and professional standing of the individuals involved.
Liability of the County School System
The district is now in a state of "unfunded mandate" or "statutory non-compliance," regardless of its fiscal arguments.7
OCR Investigations: The U.S. Department of Education’s Office for Civil Rights (OCR) can initiate proceedings to terminate federal financial assistance if a district is found to be in non-compliance with Section 504.26
Federal Lawsuits: Parents have the right to file private lawsuits against the school district for the "discriminatory exclusion from participation in activities" or the failure to provide "related services" like counseling.27
State Penalties: Failure to meet mandated ratios for professional student support personnel can result in a "pro rata reduction in the county's state aid".29
Liability of the Superintendent
Superintendent Williams, as the professional advisor to the board, has a duty to ensure that her recommendations comply with the law. By recommending the abolishment of a mandated position rather than seeking alternative staffing models like "First-Class Permits" or "contractual services," she has arguably committed "willful neglect of duty".2
Grounds for Dismissal: Under §18A-2-8, a board may dismiss a superintendent for "willful neglect of duty" or "unsatisfactory performance".30
Professional Misconduct: Reporting of such neglect can be made to the state superintendent and entered into the National Association of State Directors of Teacher Education and Certification (NASDTEC) database.33
Personal Liability of the Board Members
Perhaps the most severe consequence is the potential for the removal of the four "yea" voting board members from office.
Removal Under §6-6-7: Any person holding a school district office may be removed for "neglect of duty" or "official misconduct".35 Removing a certified counselor and substituting an unqualified employee is a prima facie case of neglecting the duty to provide mandated counseling services.2
Bad Faith and the Loss of Immunity: While public officials often enjoy "qualified immunity" for discretionary acts, this immunity does not apply when the official acts in "bad faith" or violates a "clearly established statutory right".38 The 80/20 counselor rule and the requirement to provide counseling services are clearly established statutory rights.
Indemnification Risk: In cases where a board’s "willful refusal to perform their clear statutory duty" is identified, the board may be prohibited from using school funds to pay for their own legal defense.38
Economic Analysis: The Cost of a "Clerical Fix"
Superintendent Williams cited a potential $1.8 million budget loss as a driver for these decisions.1 However, the cost of litigation, state aid penalties, and potential "wrongful death" or "educational malpractice" settlements far exceeds the salary of one certified counselor.
The board’s argument that they "cannot find a counselor" is undermined by the legal pathways available for staffing vacancies. A school district can designate a role as an "area of critical need" and keep the position "continuously posted" while using retired counselors or those on first-class permits.7 Choosing to abolish the position instead of maintaining the vacancy for recruitment reveals an intent to permanently lower the standard of student support, which is a "wrongful act" under the removal statute.1
The 80% Vacuum: Who Meets the Students' Needs?
If the board proceeds with hiring an academic coach who is legally restricted to administrative tasks, the clinical needs of 833 students will go unaddressed. This creates an "80% vacuum" that is currently being filled by "homeroom teachers" who lack the therapeutic certification to manage adolescent crises.3
This abandonment of students’ "mental and emotional" health is a direct contradiction of the state's intent. West Virginia has recently moved to increase the counselor-to-student ratio (HB 3209) and strengthen the 80/20 rule precisely because the state recognizes that "mental, behavioral, and physical health" are critical to student success.7 By moving in the opposite direction, the Pocahontas County board is signaling that it prioritizes clerical convenience and budgetary optics over the actual survival and success of its students.1
Comparative Analysis of Legal Precedents and Compliance Pathways
West Virginia law provides several "workarounds" for staffing shortages, but none of them permit the complete elimination of a mandated clinical role in a high school setting.
Contractual Services Proviso: Under §18-9A-8, a county may enter into "public-private partnerships" or contracts with external mental health clinics to provide counseling services.7 The board could have used the $1.8 million "budget management" focus to contract with a firm like Seneca Mental Health or Rainelle Medical Center to provide on-site therapeutic support.7 They chose not to do so.
QMHP Pilot Program: The state allows for "Qualified Mental Health Professionals" (QMHPs)—such as Licensed Professional Counselors (LPCs)—to serve in schools.7 This model would have satisfied the "clinical" fix requirement while providing administrative flexibility. The board chose not to do so.
Critical Need Substitutes: The district could have hired retired counselors as "critical needs substitute teachers" for an unlimited number of days.7 The board chose to abolish the position instead.
These missed opportunities highlight that the board’s majority vote was not a result of "few options," but a result of a specific choice to de-prioritize student mental health.1
Final Conclusions and Mandated Actions for Rectification
The abolishment of the PCHS school counselor position is an act of administrative and clinical negligence. It is a "clerical fix" for a system that requires a "clinical solution".7 The board and the Superintendent must acknowledge that the state’s task was to repair the counseling program, not to delete the counselor from the organizational chart.4
Formal Findings of This Audit:
The decision violates West Virginia Code §18-5-18b by failing to provide mandated counseling services to pupils.2
The substitution of an "academic coach" fails to meet the 80% therapeutic requirement of the role and ignores the clinical certification standards of the state.2
The board members and the Superintendent have engaged in "willful neglect of duty," exposing themselves to personal removal from office under Code §6-6-7 and personal tort liability under §1983.30
The "80% vacuum" created by this decision leaves students in a state of clinical abandonment, significantly increasing the probability of "worst-case" outcomes, including student suicide and school violence.16
Required Corrective Measures:
Immediate Rescission of Abolishment: The board must hold an emergency meeting to rescind the abolishment of the counselor position and re-establish it as a certified professional slot.1
Implementation of the 80/20 Rule: Any personnel hired or contracted must be legally protected from performing clerical tasks for more than 20% of their time, ensuring that 80% is dedicated to student mental health.2
Governance Training: Board members must undergo immediate remediation in "boardsmanship governance effectiveness" and "fiscal management" to prevent further illegal votes.43
Clinical Search or Contract: The district must either aggressively recruit a certified counselor using "Critical Need" status or immediately contract with a mental health agency to fill the "80% vacuum".7
Failure to implement these measures will be considered an admission of bad faith, and this report will be forwarded to the West Virginia Board of Education and the Office for Civil Rights for immediate intervention.26 The students of Pocahontas County High School are entitled to the full protection of the law, and the "administrative convenience" of the board does not supersede the statutory right to therapeutic care.2
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