Interpretation's Date: July 2, 1999
by superintendent Henry Marockie
Section: III. County Educational Administration
SubSection: A. County Boards of Education
July 2, 1999
Mr. Bjorn R. Larsen
I am in receipt of your request for interpretation asking the following question:
"Is it legal for administrators to go from a traditional schedule to a block
without ever getting formal consent from the Faculty Senate in a vote of all
of its members at the only county high school or a formal vote by the county
board of education?"
The authority of the public school faculty senates is set forth in West Virginia Code 18-5a-5. (I am providing a copy of the statute for your information.) Therein, the law provides that a faculty senate "makes a recommendations to the principal regarding establishment of a master curriculum schedule for the next and fiscal school year".
Based upon the wording of the statute, the faculty senate only makes a recommendation to the principal and that recommendation is not binding on the principal.
With regard to the second part of your question, whether a vote of the county school
board is necessary to change school class scheduling, there is nothing statutorily which
requires such approval. There may be a local policy of your County Board of Education
which governs this situation.
Hoping that I have been of service, I am