July 2, 1999

Mr. Bjorn R. Larsen
HC 78, Box 34A
Shanks, West Virginia 26761
RE: Superintendent?s Interpretation regarding Block Scheduling
Dear Mr. 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

Sincerely,

/s/