H. R. 15--"Urging the Speaker of the House of Delegates to
request a formal opinion, on behalf of the members of the House
of Delegates, asking the attorney general to determine whether
the state board of education has: (1) Exceeded its
constitutional, statutory or regulatory authority in assuming
administrative control of the Logan County school system; (2)
followed due process procedures (including the conduct of fair
and impartial hearings with the right of affected citizens to be
present and give testimony) in assuming control of the Logan
County school system; (3) exceeded its authority and
responsibility by proceeding to close certain schools in Logan
County, including Sharples High School which was confirmed by an
Act of the Legislature April 25, 1925; and, (4) failed to act in
good faith in assuming control of the Logan County school
system."
Whereas, The assumption of control and management of the
Logan County school system by the state board of education has
led to the disenfranchisement of the voters and citizens of Logan
County and has removed them from participation in the educational
programs in which their children are enrolled; and
Whereas, The state board of education has imposed powerful
and authoritarian control over the Logan County school system,
including planned school closings, student and teacher transfers
and job assignment changes; and
Whereas, The members are concerned that the actions of the
state board of education represents a trend which may lead to the
takeover of other county school systems without legislative
direction; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby urges the Speaker of the
House of Delegates to request a formal opinion, on behalf of the
members of the House of Delegates, asking the attorney general to
determine whether the state board of education has: (1) Exceeded
its constitutional, statutory or regulatory authority in assuming
administrative control of the Logan County school system; (2)
followed due process procedures (including the conduct of fair
and impartial hearings with the right of affected citizens to be
present and give testimony) in assuming control of the Logan
County school system; (3) exceeded its authority and
responsibility by proceeding to close certain schools in Logan
County, including Sharples High School which was confirmed by an
Act of the Legislature April 25, 1925; and, (4) failed to act in
good faith in assuming control of the Logan County school system.