Legalities

January 4, 2013 - Volume 33 Issue 1

Legalities

 

By Gregory W. Bailey

Some members of the education community may be laboring under the misimpression that the schedule of regular meetings of a county board of education is fixed in stone and is derived from a State mandate of mysterious origins.  In truth, county boards of education enjoy a large measure of flexibility in establishing and amending regular meeting schedules.  West Virginia Code §18-5-4 contains the following language:

  1. The county board shall meet upon the dates provided by law, and at any other times the county board fixes upon its records.

The “dates provided by law” are in reference to meetings other than regular meetings.  An example of such meetings would be meetings required for the laying of levies.  There are no state law provisions requiring that regular meetings of county boards of education be conducted on a monthly, bi-monthly or other schedule.  Regular meeting schedules are fixed by county boards of education and are not dictated by state law.

West Virginia Code §6-9A-3 requires, among other things, that county boards of education to promulgate rules that provide for the publication of the date, time and location of regular meetings.  This requirement is typically met through the promulgation of a board policy that contains provisions relating to meetings, including a regular meeting schedule.  Policies that contain a regular meeting schedule may be amended from time to time based upon the preferences of a county board of education

Bailey is a partner in the firm of Bowles Rice LLP. He is located in the firm’s Morgantown office. His contact information is gbailey@bowlesrice.com 
7000 Hampton Center Morgantown, WV 26505-1720
(304) 285-2521.