April 27, 1999

Jenifer Snider
Assistant Superintendent
Monongalia County Schools
13 South High Street
Morgantown, West Virginia 26505

Dear Ms. Snider:

You indicated in your correspondence dated February 10, 1999 that Monongalia County Schools was considering altering the grade configurations in two schools. To that end, you asked whether the action of reconfigurating the grades at Cool Springs from head start to second grade and Summers Elementary from third grade to fifth grade would constitute school closings.

In response to this question, West Virginia Code 18A-4-8 appears to be controlling. It provides: "A merger shall mean when one or more schools are closed or one or more grade levels are removed from one or more schools and the students who previously attended the closed schools or grade levels are assigned to another existing school."

Consequently, this action would be considered a merger as opposed to school closings.

With regard to personnel, West Virginia Code 18A-4-8f controls the personnel rights of the classroom teachers.

Finally, the facilities would not be considered one school but two separate schools.

Hoping that I have been of service, I am

Sincerely,

/s/