January 6, 1993
Ms. Carolyn Meadows, Superintendent
Kanawha County Schools
200 Elizabeth Street
Charleston, West Virginia 25311-2119
Dear Ms. Meadows:
You have asked:
a) "If a county board of education by policy prescribes that the county superintendent of schools shall issue a regulation on a subject, and
b) the county board's policy provides guidelines for the regulation, and
c) can the regulation issued by the county superintendent together with the policy prescribed by the county board satisfy the intent of a rule adopted by the West Virginia Board of Education,
d) which prescribes action generally on the subject and requires or authorizes the county board of education to develop the rule further by local policy?"
Yes. The county superintendent of schools is a county officer.* Syllabus Point 3 of Smith_v._Bd._of_Ed., [Logan_Co.], 341 S.E.2d 685 (W. Va. 1985) says:
"3. 'Interpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.' Syl. pt. 4, Security_National_Bank_&_Trust_
Company_v._First_W._Va._Bancorp,_Inc., 277 S.E.2d 613 (W. Va. 1981)."
The county superintendent of schools is, according to W. Va. Code 18-4-10(1) chief executive officer of the county board of education and, also, empowered and obligated to execute state educational policy. Cf. W. Va. Code 18-4-10(7) and (10), plus
18-4-11(7) and (8), together with Code 18-5-25.
Hoping that I have been of service, I am
State Superintendent of Schools
*Hall_v._Pizzino, 164 W. Va. 331, 263 S.E.2d 886 (1980).