December 22, 2004

Ben Horton, Executive Director
West Virginia Association of
Elementary & Middle School Principals P.O. Box 118
Barboursville, WV 25504

Dear Mr. Horton:

I am in receipt of your request for an opinion regarding payroll deductions for members of your association, the West Virginia Association of Elementary & Middle School Principals (WVEAMSP). Specifically, you ask:

Is it lawful for a county to refuse to deduct dues and to remit to WVAEMSP unless at least five members request it?

In researching the law on this issue, I am unable to find any statute, policy, or other law requiring a county board of education to deduct association dues from the net wages of its employees. Therefore, your organization must resolve this matter at the local board of education level.

Hoping that I have been of service, I am
Sincerely,

/s/

David Stewart
State Superintendent of Schools