SENATE RESOLUTION NO. 24
(By Senators Dalton and Tomblin)
Urging the president of the Senate to request a formal opinion,
on behalf of the members of the Senate, 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 on the twenty-fifth day of April, one
thousand nine hundred twenty-five; 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
take over of other county school systems without legislative
direction; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the president of the Senate to
request a formal opinion, on behalf of the members of the Senate,
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 on the twenty-fifth day of
April, one thousand nine hundred twenty-five; and (4) failed to
act in good faith in assuming control of the Logan County school
system.