Is State Takeover of Webster Schools a Real Possibility?

In her initial report to the Webster County Board of Education on October 25, 2012, Superintendent Martha Dean stated that "we run the risk of state takeover because our financial resources will not support our current system."

This article will address whether that risk is real and will discuss the conditions that must exist before the State will take over a local school system, particularly considering that the State Board of Education has previously intervened in the school districts of Gilmer, Hampshire, Lincoln, Logan, Preston, Grant, Fayette, McDowell, and Mingo counties. We realize that this article may appear lengthy and complex, but when a County official like Superintendent Dean suggests the threat of a State takeover, the issue must be taken seriously and examined thoroughly.

Under what conditions will the State take over a county school system?

According to West Virginia law (*see link below), county school systems are annually reviewed by the State Board of Education.  School systems must meet certain performance criteria, including meeting standards for (1) curriculum; (2) workplace readiness skills; (3) finance; (4) transportation; (5) special education; (6) facilities; (7) administrative practices; (8) training of county board members and administrators; (9) personnel qualifications; (10) professional development and evaluation; (11) student performance and progress; (12) school and school system performance and progress; (13) a code of conduct for students and employees; and (14) indicators of efficiency.

The State has auditors which review whether school systems meet the above performance criteria as set by the State Board.  Auditors can perform on-site reviews to determine if the information provided by the school system is accurate.

Annually, the State Board reviews all of this information for each school system and issues one of the following approval levels to each county board: full approval, temporary approval, conditional approval, or non-approval. Whenever non-approval status is given to a school system, the State Board shall declare a state of emergency in the school system.

Once a state of emergency is declared, the State Board will make recommendations to the school system to correct its problems.  If progress is not made within six months, the State Board shall intervene (i.e., takeover the school system).

A takeover by the State can have these consequences: 

(1) Limiting the authority of the county superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent;

(2) Declaring that the office of the county superintendent is vacant;

(3) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions;

(4) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and

(5) Taking any direct action necessary to correct the emergency.

Why were other school districts taken over by the State?

Gilmer County is the most recent system to be taken over by the State in 2011. According to an article from West Virginia MetroNews, the reasons for the takeover included: "State auditors found that county board members were in discord; the county board operations were dysfunctional; and meetings were unproductive and resulted in the board being incapable of following State Code and West Virginia Board of Education policies. County school board meeting minutes reflect that the school board is trying to micro-manage, essentially replacing its administrators' and county superintendent's recommendations with their own, leading to a flawed hiring, transferring and reduction in force system. Numerous questionable and irregular decisions are being made by the county board prompting distrust and suspicion." Just as important, some schools in Gilmer County were inadequate and in need of dire repairs, and the system experienced "a dwindling student population." Only this last reason appears to apply to Webster's school system, and that alone would not justify a takeover.

Fayette County was taken over in 2010 after the State cited the system with an inability to pass any type of school consolidation plan after attempts to raise taxes to support the school system failed, resulting in continued school budget deficits, as well as an inability to consolidate several high schools into a new high school. The State also noted weak student test scores and sub-standard facilities as reasons for the takeover. The Fayette County experience seems to mirror some of Webster's current problems.

Citing "serious county board leadership problems as well as personnel and curriculum issues," the State took over schools in Grant County in 2009. The State noted that schools failed to make adequate yearly progress in test scores for the last five years as a main justification for the takeover.

In 2009, the State also took control over Preston County schools, citing problems with facilities, finances, leadership, and personnel. Preston County has made progress to fix its problems in light of the voters' support of a levy and bond to improve facilities. However, ongoing budget problems are among the reasons noted for continued State intervention.

In 2006, Hampshire County schools fell under the supervision of the State. Reasons listed for the takeover included: widespread personnel and financial problems at Hampshire County's school board office; top Hampshire school administrators hired employees illegally; and administrators misspent state grants.

Is the risk of State takeover real for Webster schools?

First, the County's problems are primarily financial due to declining student populations. The experience of other school systems taken over by the State suggests that financial and student population issues may lead to State takeover.  It is not clear whether Webster's experience with those issues rises to the level of State intervention.

Second, the Webster school system is certainly not under any "state of emergency" as might be declared by the State Board of Education. As such, there is no imminent fear of a State takeover.

Third, as of July, 2009, the Webster County school system was granted the highest level of approval (i.e., "full approval status") by the Office of Education Performance Audits ("OEPA") of the State Department of Education. See: http://oepa.state.wv.us/documents/91-WebsterCoCentralOffice-Final.pdf  This is the most recent audit listed on the OEPA website. If Webster County's status has dropped from such high level down to a lower level, then the Board and Superintendent need to answer why the approval status has declined.  We do know at present that the approval level is not currently in a "non-approval" status that would trigger State intervention.   

Whether rejection of Superintendent Dean's current consolidation plan would place Webster in a lower approval status is subject to debate. Failure to consolidate coupled with continued budget deficits may likely catch the eye of OEPA auditors. On the other hand, given its prior "full approval status," it is hard to accept that a State takeover of Webster schools would occur at any time in the near future.

*If you wish to read the full West Virginia law on a State takeover of a local school system, please follow this link:

http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=18&art=2E&section=5#02E
This is West Virginia Code Section 18-2E-5; you will need to scroll down to lower case "p" to find the specific law on the conditions when a State takeover may occur.