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.