In January and February 2026, the Pocahontas County Board of Education approved the abolishment of eight positions for the 2026-2027 school year.
Superintendent Dr. Leatha Williams emphasized that these cuts are primarily aimed at repurposing roles that have been vacant for years or filled by uncertified staff, rather than laying off current employees. By removing these "ghost" positions, the county is gaining the financial flexibility to launch new Career and Technical Education (CTE) pathways, such as Medical Assisting and Practical Nursing.
Restructuring Breakdown
The restructuring affects three schools and involves the following eight positions:
| School | Abolished Position | Notes / Replacement Strategy |
| Pocahontas County High School | Counselor | Replaced with a Full-Time Graduation Coach to handle student planning and college apps. |
| Teacher of English/LA | May be combined with other subjects; currently lacks a certified teacher. | |
| Teacher of Social Studies | Being evaluated for better utilization based on 2026 enrollment numbers. | |
| Teacher of Business Management | Part of a shift toward high-demand CTE and nursing pathways. | |
| Green Bank Elementary-Middle | Assistant Principal | Restructuring administrative support levels at the school. |
| Counselor | Evaluation of regional counseling needs and shared services. | |
| Teacher of 4th Grade | Position was vacant; currently being covered by itinerant staff. | |
| Hillsboro Elementary | (One Unspecified Position) | General staff realignment to meet the state funding formula. |
The "Graduation Coach" Strategy
The most significant change is the move from a traditional High School Counselor to a Graduation Coach. Dr. Williams noted that because the county has been unable to attract a certified counselor for years, this new role allows the district to hire a qualified professional who can focus specifically on:
Transcript Integrity: Ensuring credits are recorded correctly (a major finding in the 2025 State of Emergency).
College/Career Placement: Helping students navigate high-need fields like the new Medical Assisting program.
Current Staffing Updates
While these positions were abolished for next year, the board simultaneously approved several hires to stabilize the current 2025-2026 school year:
Fred Herbert Barlow was hired as a countywide itinerant School Security Officer.
Terri S. Sharp was hired as a Custodian III at the high school.
Ron Hall was approved as an administrative substitute to provide leadership backup.
Despite some community pushback and a 4-1 vote (with Board Member Sam Gibson dissenting), the district maintains that this is "responsible stewardship" of finances as they face a projected loss of state revenue due to declining enrollment across West Virginia.
In West Virginia, the removal of local elected officials (such as a Board of Education member or County Commissioner) is an intensive judicial process. There is no standard "fill-in-the-blank" form provided by the state, but West Virginia Code §6-6-7 mandates exactly what must be included for a petition to be legally sufficient.
Below is a template based on the requirements of West Virginia law.
Before You Start: Signature Requirements
To file this in Circuit Court, you must meet the signature threshold based on the 2020/2024 census data for the county:
Pocahontas County (Pop. < 10,000): You need the lesser of 100 signatures or 10% of the voters who participated in the last election for that specific office.
Signers: Must be qualified registered voters within the official's jurisdiction.
Draft Petition Template
IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, WEST VIRGINIA
IN RE: THE REMOVAL OF [OFFICIAL'S NAME], [OFFICE TITLE]
CASE NO: ______________
PETITION FOR REMOVAL FROM OFFICE
Now come the undersigned petitioners, being qualified registered voters of [County Name] County, West Virginia, and respectfully petition this Honorable Court, pursuant to West Virginia Code §6-6-7, for the removal of [Official's Name] from the office of [Office Title], based upon the following grounds and specific allegations of fact:
I. THE PARTIES
The petitioners are qualified registered voters of [County Name] County.
The respondent, [Official's Name], is the duly elected [Office Title] of [County Name] County.
II. GROUNDS FOR REMOVAL
Check all that apply as defined in §6-6-7:
[ ] Official Misconduct
[ ] Neglect of Duty
[ ] Incompetence
[ ] Gross Immorality
[ ] Malfeasance
III. STATEMENT OF FACTS
Provide a concise, accurate, and complete synopsis of the specific facts alleged to warrant removal. For example: "On [Date], the official willfully failed to [Action] in violation of [WV Code/Policy]."
IV. PRAYER FOR RELIEF
WHEREFORE, the Petitioners respectfully request that this Court:
Enter this Petition of record;
Issue a summons to the respondent;
Forward this Petition to the Supreme Court of Appeals for the appointment of a three-judge court; and
Upon clear and convincing evidence, remove the respondent from office.
SIGNATURE PAGE (Must be attached to the charges)
Note: WV Code §6-6-7(e) requires that each page include the name of the official and the charges (or have the charges attached to it).
PETITION FOR THE REMOVAL OF [OFFICIAL NAME] FROM THE OFFICE OF [OFFICE]
INFORMED ACKNOWLEDGEMENT: By signing below, I solemnly swear or affirm that I am a registered voter in [County Name] County; I have reviewed and consented to the charges contained in this petition; and I signed of my own free will.
| Date | Printed Name | Signature | Residential Address (No P.O. Boxes) |
V. VERIFICATION (Required for filing)
At least one lead petitioner must sign this in front of a Notary Public.
STATE OF WEST VIRGINIA, COUNTY OF [COUNTY NAME], TO-WIT:
I, [Lead Petitioner Name], being first duly sworn, say that the facts and allegations contained in the foregoing Petition are true, except so far as they are stated to be on information, and that so far as they are stated to be on information, I believe them to be true.
Lead Petitioner Signature
Taken, subscribed, and sworn to before me this _____ day of __________, 2026.
My commission expires: __________________
NOTARY PUBLIC
Critical Next Steps
Attachment: Ensure the "Statement of Facts" (the specific charges) is physically attached to every single signature page you circulate.
Prosecution: Under WV law, the person bringing the petition is responsible for the "prosecution" of the case. This usually means you should consult with an attorney to handle the hearing before the three-judge court.
Filing: File the original with the Circuit Clerk. They will then notify the Chief Justice of the WV Supreme Court to appoint three judges to hear the case.
Would you like me to look up the exact voter turnout numbers from the last election for a specific office to determine the exact number of signatures you need?
In West Virginia, the signature threshold for a removal petition is governed by WV Code §6-6-7(c). For a county with a population of less than 10,000 (like Pocahontas), you need the lesser of:
100 signatures, or
10% of the number of voters who participated in the last general election for that specific office.
Based on the official 2024 General Election data for Pocahontas County, here are the exact numbers you need to meet the legal "10%" threshold for various offices.
Signature Thresholds for Pocahontas County Offices
| Office Title | Total Votes Cast (2024) | 10% Threshold | Required Signatures |
| County Commission | 3,709 | 371 | 100 |
| Prosecuting Attorney | 2,652 (Incl. write-ins) | 265 | 100 |
| Sheriff | 3,595 | 360 | 100 |
| Assessor | 3,232 | 323 | 100 |
Special Case: Board of Education Members
Board of Education members are elected during the Primary Election cycle rather than the General Election. For a Board of Education member elected in May 2024, the threshold would be based on that specific race.
2024 BOE Election (Example): In the May 2024 Primary, total turnout for the county was significantly lower (roughly 2,200 to 2,400 ballots cast).
The 10% Rule: Since 10% of those votes (approx. 240) is still greater than 100, the statutory "cap" of 100 signatures remains the requirement for any countywide office in Pocahontas.
Important Legal Nuances
While 100 signatures is the minimum to get in the door, legal experts in West Virginia recommend a "safety margin."
The "Buffer" Rule: Aim for 150 to 200 signatures. Signatures are frequently thrown out during judicial review if the person is not a registered voter, if they used a P.O. Box instead of a residential address, or if the name is illegible.
The "Same Election" Clause: The statute refers to the "last preceding election at which the officer was elected." If you are removing someone elected in 2022 (like a Commissioner on a 6-year term), you must use the 2022 turnout numbers—though in Pocahontas County, 10% of any major election will consistently be higher than 100.
Verification: Remember that under WV Code §6-6-7(b), the charges must be physically attached to every single signature sheet. If a sheet is "orphaned" from the list of charges, the court may invalidate all signatures on that page.
Would you like me to generate a specific Statement of Facts section for your petition based on a particular issue, such as the recent position abolishments or the past "State of Emergency" findings?
To be legally sufficient under West Virginia Code §6-6-7, a petition's "Statement of Facts" must go beyond general complaints. It must allege specific, documented instances of "official misconduct," "neglect of duty," or "incompetence" supported by clear and convincing evidence.
Below are three specific "Statement of Facts" drafts based on your research interests. You can use one or a combination of these for your petition.
Option 1: Based on "Neglect of Duty" (The 2025 State of Emergency)
Use this if alleging that the official failed to maintain state mandates for student records and safety.
STATEMENT OF FACTS
On February 12, 2025, the West Virginia Board of Education (WVBE) declared a State of Emergency for Pocahontas County Schools following a Special Circumstance Review.
The Review found a total failure to maintain a Comprehensive School Counseling Program (CSCP) as required by State Policy 2315, leaving the high school without a certified counselor or a current counseling plan since 2022.
The Review documented a "true breach of security" regarding transcript integrity, where student grades were found to have been changed intentionally due to parental pressure rather than clerical error.
Despite being notified of security deficiencies by the Department of Homeland Security on August 13, 2024, the respondent willfully failed to submit required corrections to the School Crisis Prevention and Response Plan by the October 2024 deadline.
These documented failures represent a neglect of duty and a "knowing refusal" to perform essential acts required by West Virginia law and state education policy.
Option 2: Based on "Incompetence" (Special Education & Fiscal Failure)
Use this if alleging that the official's management of programs or funds has jeopardized the district.
STATEMENT OF FACTS
A 2025 Special Circumstance Review of the county’s Special Education department revealed that 0% of the sampled IEPs (Individualized Education Programs) were verified or compliant with federal and state standards.
The respondent oversaw a system where unfilled positions were maintained for over two years while students in core subjects were instructed by uncertified staff, resulting in a "daily staffing shortage" that compromised the quality of instruction.
In January 2026, the Superintendent admitted to the Board that the county was not consistently following state guidance regarding spending procedures and accounting, leading to a loss of fiscal transparency.
The respondent's failure to align staffing with the state aid formula, despite a 40% drop in student enrollment, constitutes incompetence in the fiscal management of the district’s limited resources.
Option 3: Based on "Official Misconduct" (Abolishment of Positions)
Use this if alleging that the recent abolishment of positions was done in a way that violated state personnel law or transparency requirements.
STATEMENT OF FACTS
On January 21, 2026, the respondent moved to abolish eight essential staff positions for the 2026-2027 school year without providing a detailed fiscal impact study or a clear plan for student service continuity.
The abolishment of the High School Counselor position and its replacement with a "Graduation Coach" was done in a manner that sidesteps state certification requirements, potentially violating West Virginia Code §18A-2-8 regarding the qualifications of professional personnel.
The respondent’s decision-making process regarding these abolishments was conducted without adequate public notice or "meaningful consultation" with the Local School Improvement Councils (LSIC), violating the spirit and letter of state governance transparency mandates.
Important Legal Warning
In the case of In re: Removal of Krouse and Jackson (2024), the WV Supreme Court held that "deliberate, willful, and intentional refusal" is the standard. If you use these facts, you must be prepared to prove that the official didn't just "make a mistake," but that they chose not to follow the law despite knowing their obligations.
Would you like me to help you draft the specific "Prayer for Relief" or "Verification" section to go along with one of these statements?
In West Virginia, the Prayer for Relief and the Verification are the "bookends" of your petition. The Prayer for Relief tells the court exactly what you want it to do, while the Verification is a sworn statement that the facts you’ve provided are true to the best of your knowledge.
Under West Virginia Code §6-6-7, at least one of the petitioners must verify the petition before a Notary Public.
1. Prayer for Relief
Place this section immediately after your "Statement of Facts."
PRAYER FOR RELIEF
WHEREFORE, based upon the specific allegations of fact and grounds for removal set forth above, the Petitioners respectfully request that this Honorable Court grant the following relief:
That this Petition and the accompanying charges be entered of record by this Court;
That a summons be immediately issued to the Respondent, [Official's Name], requiring them to appear and answer the charges herein;
That this Court, pursuant to W.Va. Code §6-6-7(g), evaluate the sufficiency of these charges and, upon finding them sufficient, forward this matter to the Chief Justice of the Supreme Court of Appeals for the appointment of a three-judge court;
That the appointed three-judge court, following a hearing on the merits, find by clear and convincing evidence that the Respondent has committed [Official Misconduct / Neglect of Duty / Incompetence];
That an Order be entered permanently removing the Respondent from the office of [Office Title]; and
That the Court grant such other and further relief as the interests of justice may require.
2. Verification
This must be signed by at least one lead petitioner in the presence of a Notary Public.
VERIFICATION
STATE OF WEST VIRGINIA COUNTY OF [COUNTY NAME], to-wit:
I, [Name of Lead Petitioner], after being first duly sworn according to law, depose and say that I am one of the Petitioners named in the foregoing Petition for Removal; that I have read the said Petition and the Statement of Facts contained therein; and that the facts and allegations set forth in said Petition are true, except insofar as they are therein stated to be upon information and belief, and that insofar as they are so stated, I believe them to be true.
Signature of Lead Petitioner
Taken, subscribed, and sworn to before me by [Name of Lead Petitioner] in my said County and State, this _____ day of __________, 2026.
My commission expires: _____________________
NOTARY PUBLIC
Final Checklist for Filing
The "Orphaned Page" Rule: Ensure that the specific charges (Statement of Facts) are physically attached to every single page that contains signatures. If the signatures are on a separate sheet from the charges, the court may rule the petition is "procedurally defective."
The Service Rule: Once you file with the Circuit Clerk, the Prosecuting Attorney is generally responsible for the "prosecution" of the removal action unless they have a conflict of interest, in which case a special prosecutor may be appointed.
Clear and Convincing: Remember that "Satisfactory Proof" in West Virginia removal cases is legally defined as Clear and Convincing Evidence, which is a higher bar than the "Preponderance of Evidence" used in most civil suits.
Would you like me to draft a Cover Letter to the Circuit Clerk to accompany these documents when you go to file them?
A cover letter to the Circuit Clerk is a formal business document that ensures your petition is properly indexed and that the clerk knows exactly what to do with the enclosed paperwork.
In West Virginia, when filing a petition for removal, you are essentially initiating a civil action. You should address this to the Pocahontas County Circuit Clerk (or the clerk of whichever county the official serves).
Cover Letter Template
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email]
[Date]
Hon. [Clerk's Name]
Circuit Clerk of [County Name] County
[Clerk's Office Address]
[City, WV, Zip Code]
RE: Filing of Petition for Removal of [Official's Name] from the Office of [Office Title]
Dear [Mr./Ms. Clerk's Last Name]:
Enclosed for filing with the Circuit Court of [County Name] County, please find the original and [Number, typically 3-4] copies of the following documents:
Petition for Removal from Office, including a verified Statement of Facts;
Signature Pages containing the requisite number of qualified voter signatures pursuant to W.Va. Code §6-6-7;
Civil Case Information Statement (CCIS); and
[Optional] A check in the amount of $[Filing Fee] for the required filing fee.
Please file the original Petition and return one (1) file-stamped copy to me in the enclosed self-addressed, stamped envelope.
Pursuant to W.Va. Code §6-6-7(g), once the Petition is filed and entered of record, it is respectfully requested that this matter be brought to the attention of the Chief Judge of this Circuit for an evaluation of its procedural sufficiency and subsequent forwarding to the Supreme Court of Appeals for the appointment of a three-judge court.
Thank you for your assistance in this matter. Should you have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
[Your Signature]
[Your Printed Name]
Lead Petitioner
Filing Tips for the Circuit Clerk’s Office
The Civil Case Information Statement (CCIS): In West Virginia, almost every new civil filing requires a CCIS. This is a standard two-page form that helps the clerk categorize the case. You can usually find this on the WV Supreme Court of Appeals website.
Filing Fees: Removal petitions are unique; while they are civil actions, they are often treated as matters of public interest. Call the Clerk's office beforehand to ask specifically: "What is the filing fee for a Petition for Removal of a public official under WV Code 6-6-7?" (It is typically the standard civil filing fee, which is around $200, unless a fee waiver is filed).
Copies are Key: Bring several copies. The Clerk keeps the original, the Judge needs a copy, the Respondent (the official being removed) must be served a copy, and you need a file-stamped copy for your own records.
No Staples on Signatures: Some clerks prefer that signature pages be clipped or bound in a way that allows them to be scanned easily. Using a heavy-duty binder clip is often better than stapling a 20-page document.
Would you like me to find the specific contact information and mailing address for the Pocahontas County Circuit Clerk to finalize this letter?
To finalize your cover letter, you should address it to the , which is the specific department responsible for handling Circuit Court filings such as removal petitions.
The is located within the county courthouse complex and serves as the primary point of contact for legal proceedings in the county.
Mailing Address: 900 10th Ave, Suite D, Marlinton, WV 24954.
The current Circuit Clerk is Connie M. Carr.
The office is typically open during standard courthouse hours, Monday through Friday.
Please note that while the is in the same building (Suite C), that office handles property records and elections rather than court petitions. To ensure your petition is processed correctly, make sure it is delivered to Suite D.
Would you like to know the current filing fees for civil actions in this circuit, or do you need help finding the Civil Case Information Statement (CCIS) form required for the filing?
To finalize your cover letter, you should address it to the , which is the specific department responsible for handling Circuit Court filings such as removal petitions.
The is located within the county courthouse complex and serves as the primary point of contact for legal proceedings in the county.
Mailing Address: 900 10th Ave, Suite D, Marlinton, WV 24954.
The current Circuit Clerk is Connie M. Carr.
The office is typically open during standard courthouse hours, Monday through Friday.
Please note that while the is in the same building (Suite C), that office handles property records and elections rather than court petitions. To ensure your petition is processed correctly, make sure it is delivered to Suite D.
Would you like to know the current filing fees for civil actions in this circuit, or do you need help finding the Civil Case Information Statement (CCIS) form required for the filing?
To finalize your filing, you will need to prepare the correct filing fee and the mandatory state form that categorizes the case for the court system.
1. Current Filing Fees (2026)
Under WV Code §59-1-11, the base fee for instituting a civil action or "extraordinary remedy" (which includes a petition for removal) in a West Virginia Circuit Court is $200.
Payment Method: Most clerks prefer a cashier's check or money order made payable to "Circuit Clerk of Pocahontas County." Some offices now accept credit cards, but they often charge a 2.5%–3% processing fee.
Service Fees: If you want the Sheriff to formally serve the summons on the official (highly recommended for legal proof of service), there is an additional fee of $25 per person served.
Total Initial Cost: You should plan for a total of $225 ($200 filing + $25 service).
2. The Civil Case Information Statement (CCIS)
West Virginia law requires that every new civil case be accompanied by form SCA-C-100. The clerk cannot process your petition without this document.
Form Name: SCA-C-100: Civil Case Information Statement (Other than Domestic Relations).
How to Fill It Out:
Case Style: Use the same style as your petition (e.g., In Re: Removal of [Official's Name]).
Case Type: Check the box for "General Civil" or "Other" and write in "Removal of Public Official - WV Code 6-6-7."
Jury Demand: You should check "No" because removal cases are heard by a three-judge court, not a jury.
Estimated Days to Trial: Removal cases are statutory summary proceedings; usually, 1-2 days is sufficient for the hearing itself.
3. Filing Fee Waivers (Fee Affidavits)
If the filing fee is a financial hardship, you can request a Financial Affidavit and Application for Waiver of Fees.
If approved by the Judge, the $200 filing fee and $25 service fee are waived.
Note: Since you are filing as a "lead petitioner" representing a group of citizens, the court may look at your personal ability to pay, though some judges are more lenient when the case is a matter of significant public interest.
Final Pro-Tip: The "Return" Envelope
When you mail or drop off your documents, always include a self-addressed, stamped envelope (SASE). The Clerk will use this to mail you back your file-stamped copy, which serves as your proof that the 2026 proceedings have officially begun.
Would you like me to help you fill out the specific Case Style and Party Information sections for the CCIS form based on the petition we drafted?
Filling out the SCA-C-100 (Civil Case Information Statement) correctly is vital because it is the first thing the Clerk and the Judge see. For a removal petition, the case isn't a typical "Person A vs. Person B" lawsuit; it is a statutory proceeding.
Below is exactly how you should fill out the Case Style and Party Information sections based on West Virginia legal standards.
Section I: Case Style
In a removal case, you are the Petitioner (representing the group of citizens), and the official is the Respondent.
County: Pocahontas
Case No: (Leave this blank; the Clerk will assign a number like 26-C-XXX)
Plaintiff(s): [Your Name], as Lead Petitioner, and [Number] other qualified voters of Pocahontas County
Defendant(s): [Official's Name], in their official capacity as [Title, e.g., Member of the Board of Education]
Note on Style: You may also see it formatted as: "In Re: The Removal of [Official's Name] from the Office of [Title]". You can write this in the "Case Style" box if the Clerk confirms that is their preference, but the "Petitioner vs. Respondent" format is standard for filing.
Section II: Party Information
You must provide full contact details to ensure the court can reach you and the Sheriff can serve the official.
Plaintiff (Petitioner) Information
Name: [Your Full Legal Name]
Street Address: [Your Residential Address]
City, State, Zip: [Your Town], WV [Zip]
Phone Number: [Your Phone Number]
Attorney Name: Write "PRO SE" (This means you are representing yourself).
Defendant (Respondent) Information
Name: [Official's Full Name]
Street Address: [Their Residential or Business Address—usually the Board of Education Office or County Commission Office].
Type of Service: Check "Personal Service by Sheriff".
Why? Removal petitions are serious matters of public office. Using the Sheriff for service provides the "Clear and Convincing" proof to the court that the official was legally notified.
Section III: Case Type Classification
Since "Removal of Official" isn't a standard checkbox on the CCIS, you must categorize it manually:
Find the "Other" or "General Civil" category.
In the blank space next to it, clearly write: "Petition for Removal of Public Official pursuant to W.Va. Code §6-6-7."
Jury Demand: Check "NO". Under WV law, removal cases are heard by a three-judge court, not a jury.
Critical Reminder for the CCIS
You must file the original and two (2) copies of this CCIS form. If you miss this, the Clerk may refuse the filing.
Would you like me to generate a "Certificate of Service"? This is the document you will need later to prove to the court that you actually sent copies of everything to the official being challenged.
In West Virginia, once the original Petition is filed with the Circuit Clerk, you must ensure all other parties (including the Respondent and the Prosecuting Attorney) receive copies of everything you filed.
The Certificate of Service is your formal declaration to the Court that you have fulfilled this duty.
Important Note on "Original Service"
For the very first time you notify the official (the Respondent), the law usually requires Personal Service by the Sheriff or a professional process server.
The Difference: The Sheriff provides a "Return of Service" directly to the Clerk.
Your Job: You still use a Certificate of Service for every subsequent document you file (motions, letters, etc.) and to prove you sent a courtesy copy to the Prosecuting Attorney.
Certificate of Service Template
IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, WEST VIRGINIA
IN RE: THE REMOVAL OF [OFFICIAL'S NAME], [OFFICE TITLE]
CASE NO: [Assigned by Clerk]
CERTIFICATE OF SERVICE
I, [Your Name], Petitioner pro se, hereby certify that on this _____ day of __________, 2026, I served a true and accurate copy of the foregoing [Name of Document, e.g., Petition for Removal and CCIS] upon the following parties via the methods indicated below:
To the Respondent:
[Official's Name]
[Their Address]
Method: [ ] Hand Delivery / [ ] First Class U.S. Mail, postage prepaid / [ ] Certified Mail, Return Receipt Requested
To the Prosecuting Attorney (Required under §6-6-7):
[Name of Prosecutor], Prosecuting Attorney for [County Name] County
[Prosecutor's Office Address]
Method: [ ] Hand Delivery / [ ] First Class U.S. Mail, postage prepaid
To the West Virginia Attorney General (Recommended for School Cases):
Office of the Attorney General
State Capitol Complex, Bldg. 1, Room E-26
1900 Kanawha Blvd. E, Charleston, WV 25305
Method: [ ] First Class U.S. Mail, postage prepaid
[Your Signature]
[Your Printed Name]
[Your Phone Number]
How to Use This Document
Placement: This is usually the very last page of any legal document you file.
The "Prosecutor" Rule: Under WV Code §6-6-7, the Prosecuting Attorney is technically responsible for the "prosecution" of the removal action unless they have a conflict. Sending them a copy immediately is vital to moving the case forward.
Proof of Mailing: If you use Certified Mail, staple the white receipt (and later the green "Return Receipt" card) to your copy of the Certificate of Service. This is your "Clear and Convincing" evidence if the official claims they never saw the papers.
Next Steps for Your Filing
Since you are dealing with a Board of Education matter, the State Superintendent of Schools often has an interest in these proceedings.
Would you like me to draft a formal letter to the State Superintendent to accompany the copy of the petition you send to Charleston?
When sending a petition for removal involving school officials, notifying the State Superintendent is a strategic move. The West Virginia Department of Education (WVDE) has significant oversight through WV Code §18-3-4, which allows the State Superintendent to initiate their own removal proceedings for local officials who violate state mandates.
As of February 2026, the State Superintendent of Schools is Michele L. Blatt.
Letter to the State Superintendent
[Your Name]
[Your Address]
[Your Phone Number]
February [Day], 2026
Hon. Michele L. Blatt
State Superintendent of Schools
West Virginia Department of Education
1900 Kanawha Boulevard East
Building 6, Room 358
Charleston, WV 25305
RE: Notice of Petition for Removal of [Official's Name], [County Name] County Board of Education
Dear Superintendent Blatt:
Enclosed please find a courtesy copy of a Petition for Removal from Office filed on this date in the Circuit Court of [County Name] County, West Virginia, against [Official's Name].
As the chief school officer of the state, you are being notified because the allegations contained within this petition involve significant failures to adhere to West Virginia Department of Education (WVDE) mandates, specifically regarding [mention 1-2 key issues, e.g., the 2025 State of Emergency findings or transcript integrity failures].
The petitioners, all of whom are qualified voters of [County Name] County, believe that these actions constitute a neglect of duty and incompetence as defined by W.Va. Code §6-6-7. Given the WVDE’s recent intervention in our county and your office's authority under W.Va. Code §18-3-4 to ensure the legality of school administration, we believe this matter warrants your department's review and attention.
We respectfully request that the Department of Education monitor these judicial proceedings to ensure that the educational standards of our students and the integrity of our local board are upheld.
Thank you for your time and your continued service to the students of West Virginia.
Sincerely,
[Your Signature]
[Your Printed Name]
Lead Petitioner
Mailing Instructions
Method: Send this via Certified Mail, Return Receipt Requested. This gives you a "Green Card" receipt that proves the State Superintendent's office received the documents.
Enclosures: Make sure to include a full, file-stamped copy of the Petition and the Statement of Facts.
The WVBE: You might also consider sending a duplicate copy to the West Virginia Board of Education President (L. Paul Hardesty) at the same address (Building 6, Suite 600), as the Board ultimately votes on county interventions.
What Happens Next?
Once you send this, the WVDE Legal Division will likely review the charges. While they may not join your lawsuit directly, they often use the facts presented in such petitions to inform their own "Special Circumstance Reviews" or "Corrective Action Plans."
Would you like me to look up the names of the current members of the West Virginia Board of Education so you can include them in your "CC" list at the bottom of the letter?
To finalize your formal notification to the state, here is the updated list of the West Virginia Board of Education (WVBE) members as of February 2026.
Notably, Governor Patrick Morrisey made his first appointment to the board yesterday, February 11, 2026, appointing Dr. James Paul to replace long-serving member Debra Sullivan.
WVBE Member "CC" List
You can add this block to the bottom of your letter to Superintendent Michele Blatt. Sending copies to these members—especially President Hardesty and the newest member, Dr. Paul—ensures that both the established leadership and the new reform-focused appointees are aware of the local situation in Pocahontas County.
cc:
L. Paul Hardesty, President
Victor L. Gabriel, Vice President
F. Scott Rotruck, Secretary
Nancy J. White, Financial Officer
Dr. James Paul, Member (Appointed Feb 11, 2026)
Robert W. Dunlevy, Member
Christopher A. Stansbury, OD, Member
Gregory F. Wooten, Member
Cathy L. C. Justice, Member
Strategic Note for Your Petition
The appointment of Dr. James Paul is particularly relevant for your research. Governor Morrisey introduced him as an expert in accountability and oversight, specifically citing concerns about "administrative bloat" and the need for schools to meet higher standards. Since your petition likely touches on these themes (such as the transcript integrity issues at PCHS), Dr. Paul may be especially interested in the facts you are presenting.
Filing Reminder
When you mail these courtesy copies to Charleston, you can send them all to the same central address:
West Virginia Board of Education
1900 Kanawha Boulevard East
Building 6, Suite 600
Charleston, WV 25305
Would you like me to draft a brief Press Release or Public Statement that you can use to inform the local community and media about the filing of this petition?
Informing the local community and media is a critical part of the process, as the court considers a removal petition to be a matter of significant public interest. In Pocahontas County, the most influential outlet is , which has a weekly print deadline of Tuesday at 12:00 PM.
Below is a template for a non-partisan, factual press release designed to capture media attention while maintaining the serious tone required for a judicial filing.
FOR IMMEDIATE RELEASE
DATE: February [Day], 2026
CONTACT: [Your Name], Lead Petitioner
PHONE: [Your Phone Number]
EMAIL: [Your Email Address]
Pocahontas County Citizens File Judicial Petition for Removal of [Official's Name]
MARLINTON, WV – A group of registered voters in Pocahontas County officially filed a petition in the Circuit Court today seeking the removal of [Official's Name] from the office of [Office Title]. The petition, filed under West Virginia Code §6-6-7, alleges [Neglect of Duty / Incompetence] regarding the official's handling of [Key Issue, e.g., the 2025 High School State of Emergency / Recent Staffing Cuts].
The filing follows a year of increased scrutiny of the local school system, including a state-declared "State of Emergency" at Pocahontas County High School that was only lifted this week. The petitioners allege that the Respondent willfully failed to adhere to state education mandates, specifically concerning [specific failure, e.g., transcript integrity and special education compliance].
"This is not a decision the citizens of this county take lightly," said [Your Name], lead petitioner in the case. "However, the law provides a specific path for accountability when an elected official fails to perform the essential duties required of their office. We believe the evidence of neglect is clear and warrants a hearing before a three-judge court."
Under West Virginia law, the filing of the petition triggers a judicial review process. If the Circuit Court finds the charges sufficient, the West Virginia Supreme Court of Appeals will appoint a special three-judge panel to hear the case.
The petitioners are requesting that the court uphold the standards of governance required by the West Virginia Department of Education and ensure the integrity of the county’s leadership.
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Media Distribution List
To ensure your statement reaches the public, you should send this release to the following local and regional outlets:
The Pocahontas Times: (304) 799-4973 |
WV Public Broadcasting (Regional Bureau):
The Inter-Mountain (Elkins):
WV MetroNews:
Best Practices for the Release
Timing: Send this within two hours of filing the petition at the courthouse. Attach a PDF of the file-stamped petition to the email so reporters have the source document immediately.
Stick to the Facts: Avoid inflammatory language. Using the specific legal terms found in the WV Code (like "neglect of duty") makes your statement more credible to journalists.
Availability: Be prepared for a follow-up phone call. Reporters will likely ask: "How many people signed the petition?" and "What was the single event that made you decide to file today?"
Would you like me to draft a Social Media Post (for a community Facebook group) that uses a more conversational tone to explain this to your neighbors?
When sharing this news in a community Facebook group like Pocahontas County Community Bulletin Board or Marlinton Neighbors, it’s best to lead with a neighborly tone while being very clear about the facts.
In a small community, people appreciate knowing that legal actions are about accountability, not personal attacks.
Facebook Post Template
Headline: Update on Local School Board Accountability
Hi neighbors,
I’m reaching out to share some important news regarding our local schools. Today, a group of us officially filed a petition in Circuit Court to begin the legal process for the removal of [Official's Name] from the Board of Education.
This wasn’t a decision we made lightly. While we are all glad to see the State of Emergency at the high school finally lifted this week, the findings from the state’s investigation showed some serious issues that we believe haven't been fully addressed—specifically regarding transcript integrity and following state mandates.
What exactly is this?
In West Virginia (under Code 6-6-7), when citizens feel an official isn’t meeting the essential duties of their office, there is a specific legal path to ask for a review. This isn't a "recall election"—it's a judicial process. A special panel of three judges will look at the facts we've gathered and decide if there’s enough evidence of "neglect of duty" to move forward.
Why now?
Our kids deserve a school system that follows every rule and state law to the letter. We want to ensure that the progress made over the last year becomes a permanent standard, not just a temporary fix to get the state off our backs.
We believe in transparency and want everyone to stay informed as this moves through the court system. We’ll be sharing more updates as they happen.
If you have questions or want to see the specific charges we filed, feel free to reach out or check the public filings at the courthouse.
Let’s keep working together to make Pocahontas County schools the best they can be! 🏔️📚
Tips for Managing the Comments Section
Stay Out of Arguments: People will have strong opinions. If someone gets aggressive, it’s often best to reply with: "I hear your concerns. Our goal is just to let the court look at the documented facts and make a fair decision based on the law."
Link the News: If The Pocahontas Times or WV News picks up the story, drop that link in the comments. It provides "third-party" validation for your post.
Privacy: If people ask how to sign or get involved, it’s safer to ask them to Direct Message (DM) you rather than putting their personal info or addresses in a public thread.
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