Voting to Abolish the School Counselor in Pocahontas County High School

 "Jurisprudential and Regulatory Analysis of High School Counseling in the West Virginia Public Education System," I can outline the legal statutes that would make such a vote highly irregular and legally risky. If a board member were to vote to abolish the position, they would be acting against several statutory mandates described in the text.

Here is an analysis of the legal barriers to such a decision:

1. Violation of Statutory Mandates A board member voting to abolish the position would be voting against the current state mandate.

• Mandatory Presence: West Virginia law currently mandates that "every public school have at least one professional counselor".
• Mandatory Services: The law requires that each county board of education provide Comprehensive School Counseling Program (CSCP) services to "every pupil enrolled in the public schools," ensuring their developmental and remedial needs are met.

2. Inability to Substitute with Other Staff If the board voted to abolish the position with the intent of having other staff (such as homeroom teachers) absorb the duties, they would be authorizing illegal activity.

• Criminal Liability: It is a misdemeanor for an individual to practice professional counseling without a license, punishable by fines or jail time.
• Payment Prohibition: The board is legally prohibited from paying an employee (like a teacher) to perform counseling duties if they do not hold the specific Student Support Certificate; the board cannot pay such an individual for a period exceeding three school months.

3. Financial and Legal Risks for the Board A vote to abolish the position exposes the county to significant liability and loss of funding.

• Loss of State Funding: County boards found to be in noncompliance with state personnel laws (such as the requirement to employ a counselor) may be denied discretionary state funding.
• Loss of Insurance: The board’s insurance coverage may be compromised. Insurance policies often require employees to be "duly licensed" for the board to qualify for indemnification; abolishing the certified position and allowing uncertified staff to perform the duties could void this coverage.

4. Failure to Meet Safety Standards Abolishing the position would likely prevent the school from meeting safety and crisis mandates.

• Crisis Response: School counselors are legally required to coordinate the school's mental health crisis response plan.
• Duty to Warn: Certified counselors have specific clinical training regarding the "permissive duty to warn" regarding violent threats. Removing the professional trained to handle these duties could be viewed as a failure to provide a safe learning environment.