H. B. 2979


(By Delegates Armstead, Carmichael and Harrison)


[Introduced March 23, 2001; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact section thirteen-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school closing or consolidation; requiring the county boards of education to reduce to writing its reasons and supporting data for school closure or consolidation and to make the reasons and data available to the public at least sixty days prior to a public hearing on the school closure or consolidation; and requiring county boards of education to provide reasons and supporting data regarding school closure or consolidation at least sixty days prior to a public hearing on school consolidation or closure to the local school improvement council representing an affected school which is proposed to be closed or consolidated, and a school which will receive the students who are relocated as a result of the closure or consolidation.

Be it enacted by the Legislature of West Virginia:

That section thirteen-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-13a. School closing or consolidation.

In addition to the provisions of section thirteen of this article, prior to any final decision of a county board of education on any proposal to close or consolidate any school, except in cases in which a construction bond issue was passed by the voters and which bond issue included the schools to be closed or consolidated, the county board of education shall:

(1) Prepare and reduce to writing its reasons and supporting data regarding such any school closing or consolidation. The written reasons required under this section shall be available for public inspection in the office of the county school superintendent during the four successive weeks before sixty days immediately preceding the date of the public hearing required by this section;
and
(2) Provide for a public hearing, notice of which shall be advertised by publication in a newspaper of general circulation in the locality of the affected school at least once a week for four successive weeks prior to the date of the hearing. The notice shall contain the time and place of the hearing and the proposed action of the school board. A copy of such the notice shall be posted at the affected school in conspicuous working places for all professional and service personnel to observe, and such the notice shall remain posted for four successive weeks prior to the date of the required public hearing. At least a quorum of the school board members and the county superintendent from the county wherein the affected school is located shall attend and be present at the public hearing. Members of the public shall have the right to be present, to submit statements and testimony, and to question county school officials at the public hearing; and

(3) At least sixty days prior to any public hearing on school closure or consolidation required by subsection (2) of this section, the county board of education shall provide its reasons and supporting data regarding the school closure or consolidation to the local school improvement council representing an affected
school which is proposed to be closed or consolidated, and any school which will receive the students who are relocated as a result of the closure or consolidation. Any local school improvement council representing an affected school may submit findings and recommendations to the county board of education relating to the proposed closure or consolidation prior to or at the public hearing.
Any such proposal to close or consolidate any school by any county board of education shall be further subject to any current rules and regulations of the state board of education relating to school closing or consolidation: Provided, That after the effective date of this section the state board shall promulgate rules and regulations which shall prescribe in detail the type of supporting data a county board of education shall include as part of its written statement of reasons required by this section for school closing or consolidation, including the transportation time of the affected students and which shall include any data required by the state board of education to amend a county's comprehensive educational facilities plan.

This section shall take effect on the date of passage and shall affect any school not physically closed or consolidated as of
that date: Provided, That the written reasons shall include all supporting data required by the state board of education to amend a county's comprehensive education facilities plan.



NOTE: The purpose of this bill is to create the Local Educational Community Input Act. The act will require county boards of education to make available to the public reasons and supporting data regarding any school closure or consolidation at least 60 days prior to a public hearing on the school closure or consolidation, and to provide such information at least 60 days prior to the public hearing to the local school improvement council representing any affected school which is proposed to be closed or consolidated, and any school which will receive the students who are relocated as a result of the closure or consolidation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.