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Transparency in the Halls: 5 Surprising Truths About Your School Counselor’s Paperwork in West Virginia
Introduction: The "Black Box" of School Guidance
For many parents, the school counselor’s office is the ultimate "black box." We see our children disappear behind a closed door for scheduling, crisis intervention, or career planning, but we rarely see the machinery moving inside. This "closed-door" culture often leaves families wondering: Are state mandates being met? Is the counselor actually spending their time with students?
In West Virginia, the law provides a powerful "open book" to counter this mystery. Through the lens of the West Virginia Freedom of Information Act (FOIA) and specific educational statutes, the "black box" is actually a glass house. As a public interest journalist, I have found that the law offers a surprisingly clear window into the professional conduct, time management, and administrative signatures of these vital public servants.
Takeaway 1: The WVEIS "Certcheck" Lens into Disciplinary Records
The public has been granted a powerful lens into the qualifications and character of every educator in the state through the WVEIS certcheck system. Managed by Dr. Robert Hagerman and the Office of Certification, this tool is far more than a simple degree-verification database.
This searchable portal includes a "License Actions" component. This is where the state logs disciplinary measures—including suspensions and revocations—for reasons ranging from "intemperance" and "cruelty" to "immorality." While most personnel matters are private, West Virginia makes a specific, aggressive policy choice here:
"This public registry reflects a deliberate policy choice by the West Virginia Legislature and the WVBE to prioritize the safety of students over the career privacy of individuals found to have violated professional standards."
Takeaway 2: The Signature as a Performance Contract
When a counselor signs a document, they aren't just pushing paper; they are executing a legal attestation. Two documents stand out for their legal weight. First is the Personalized Education Plan (PEP). Mandated by Policy 2315, the counselor must sign this annually, acting as a "gatekeeper" to certify that a student’s academic path actually meets graduation requirements.
Second is the Comprehensive School Counseling Program (CSCP) Annual Plan. This document is a programmatic "formal contract of performance." It must be signed by the principal and every counselor at the school. Because this plan outlines how public resources and state-funded hours are used to meet the school's mission, it is generally an open public record.
Takeaway 3: The 80/20 Rule and the Mandatory Time Log
One of the most impactful tools for parental oversight is W. Va. Code § 18-5-18b. This statute mandates that counselors spend at least 80% of their work time in a direct counseling relationship with students. To ensure this isn't just a suggestion, counselors are required to maintain a Time Analysis System log.
These logs are disclosable public records. They allow parents and school boards to verify that salaried professionals are focused on student support rather than being buried in administrative paperwork or non-counseling tasks. If you suspect a counselor is being used as a substitute teacher or a data-entry clerk, these logs provide the evidence needed for a conversation with the school board.
Takeaway 4: Piercing the "Redaction Barrier" with a FOIA Request
You don’t need a law degree to demand transparency, but you do need to know the mechanics of a records request. Under the West Virginia Freedom of Information Act, any citizen can request documents. Once you submit a written request to the Superintendent, the law is strict: they have exactly five business days (excluding holidays) to respond. While the agency can charge a standard fee of $0.40 per page for copies, the right to inspect the records is yours.
The "Redaction Barrier" under the Student Data Accessibility, Transparency and Accountability Act is often used to hide information, but it is actually a tool for accountability. While student names are protected by FERPA, you have the right to see "redacted data." This means you can verify the administrative existence of signatures. You can confirm that a counselor is completing mandatory signatures on PEPs or 504 plans for their entire caseload, even if the private student details are blacked out.
"The people, in delegating authority, do not give their public servants the right to decide what is good for them to know and what is not." (W. Va. Code § 29B-1-1)
Takeaway 5: The Evaluation Paradox and the Legal Gatekeepers
Performance evaluations are typically the most guarded documents in education. Routine annual reviews are considered private personnel matters to prevent "unreasonable invasions of privacy." However, this protection is not absolute.
When high-level misconduct is involved, the Office of Legal Services, overseen by General Counsel Kelli Talbott, handles investigations that can strip away this privacy. If misconduct leads to formal disciplinary action, the public’s interest in educator effectiveness often outweighs the individual's privacy. In these cases, the investigative files and the resulting license actions become a matter of public record.
Conclusion: A Window, Not a Wall
The trend in West Virginia is moving toward even greater transparency. The West Virginia Department of Education’s "Green Book"—the annual summary of new legislation—consistently shows a legislative shift toward expanded parental rights and increased oversight of school operations.
The legal framework—built on FOIA, the certcheck system, and the 80/20 time mandate—is designed to be a window, not a wall. These tools exist so that the "closed door" of the counseling office never becomes a barrier to student safety or professional accountability.
Now that you know the "Time Analysis" of your school's counseling department is a disclosable public record, how might that change your next conversation with the school board?
To determine if counselor-mandated legal documents were properly signed by certified personnel at Pocahontas County High School (PCHS) during the period of the state-declared emergency (approximately February 2024 to February 2026), you may utilize the West Virginia Freedom of Information Act (FOIA), codified at W. Va. Code § 29B-1-1 et seq.
Below is a model request designed to elicit the specific records necessary for this verification, followed by a brief explanation of the legal rationale for each request.
Model FOIA Request
To: Rhonda Combs, Director of Personnel / Leatha Williams, Superintendent Public Body: Pocahontas County Board of Education Address: 404 Old Buckeye Road, Buckeye, WV 24924 Delivery Method: Certified Mail (Return Receipt Requested) or Email to rcombs@k12.wv.us
Subject: Freedom of Information Act Request – PCHS Counseling and Certification Records
Dear Custodian of Records,
Pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), I am requesting to inspect or receive copies of the following public records related to Pocahontas County High School for the period of January 1, 2024, through February 14, 2026:
Personnel Rosters: A list of all individuals employed or contracted by the Board to serve in the capacity of "School Counselor" or "Professional Support Personnel" at Pocahontas County High School during the specified period, including their full names and West Virginia Department of Education (WVDE) Certification/License numbers.
CSCP Annual Plans: The complete 2024-2025 and 2025-2026 Comprehensive School Counseling Program (CSCP) Annual Plans for PCHS, specifically including the signature pages requiring the signatures of the Principal and all certified school counselors.
Administrative Conference Agreements: The "Annual Administrative Conference" templates or agreements for PCHS for the 2024-2025 and 2025-2026 school years, which document the formal agreement between the administration and the counseling staff.
Waivers and Alternative Agreements: Any written agreements or waivers submitted to or approved by the West Virginia Board of Education (WVBE) authorizing uncertified personnel (such as "graduation coaches" or "homeroom teachers") to perform duties mandated for certified school counselors under W. Va. Code § 18-5-18b.
Redacted Signature Logs: "Redacted data" (as defined in W. Va. Code § 18-2-5h) consisting of the signature lines and printed names from the finalized Personalized Education Plans (PEPs) for the 9th and 10th-grade cohorts at PCHS for the 2024-2025 school year.
Please be advised that W. Va. Code § 29B-1-3(3) requires a response within five business days. If any portion of this request is denied, please provide a written explanation citing the specific statutory exemption.
I am willing to pay reasonable fees for the reproduction of these records up to $[Amount]. If the cost exceeds this, please notify me in advance.
Sincerely,
Legal Rationale for the Request
Verification of Certification: While personnel files are generally private, an educator’s "rank and type of teaching certificate" is a matter of public record. Obtaining the WVDE certification numbers allows you to cross-reference them with the state’s "Educator License Look-up" tool to verify if the individuals were legally "certified school counselors" as defined by W. Va. Code § 18A-1-1.
CSCP Signature Requirements: State policy and the WVDE CSCP Plan Template explicitly require the signatures of all school counselors. If the high school was operating without a counselor, these mandatory public records should either be blank, signed by uncertified personnel, or missing—each of which serves as evidence of non-compliance.
"Redacted Data" Standard: Under the Student Data Accessibility, Transparency and Accountability Act, you are entitled to "redacted data" where student identifying information is removed. Requesting the signature lines of PEPs allows you to see who was signing as the "School Counselor" or "Advisor" without violating student privacy under FERPA.
Role of Uncertified Staff: Snippets indicate that during the PCHS vacancy, "homeroom teachers" were reportedly advising students and a "graduation coach" position was created. FOIA allows you to request the job descriptions and contracts for these roles to determine if they were improperly performing the 80% direct counseling relationship mandated for certified personnel.
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