May 31, 2007

Dwight D. Dials
Superintendent
Mingo County Schools
Rt. 2 Box 310
Williamson, WV 25661

Dear Mr. Dials:

You have requested an interpretation as to whether a county school district must observe the requirements of WV Code 18-5-13a and Policy 6204 when moving the location of a vocational program provided in a building physically separate from other schools in the county.

Mingo County Schools operates a vocational program that is housed in a building called the Mingo County Career and Technical Center in Delbarton, WV. All students attending the Career Center remain affiliated with their home schools in all respects, including WVEIS reporting. The program is administered by a principal. However, there is no indication that the program is actually a "separate school", such as graduation, sports, etc. Even though the vocational program is housed in a separate building, a new school is not so created. This conclusion is supported by the fact that the student enrollment and achievement data are mapped back to the home school of referral.

Since both West Virginia Code 18-5-13a and West Virginia Policy 6204, School Closings or Consolidations, only apply to actual school closings and not to the relocation of programs, no closure hearings are required in order for Mingo County to move its vocational classes from the current Mingo County Career and Technical Center in Delbarton, WV to the new comprehensive high school.

Hoping that I have been of service, I am

Sincerely,

/s/

Steven L. Paine
State Superintendent of Schools