1. Staff Development Module Click Here to Begin

2. Legal questions often arise in the education field. This module has been developed to introduce you to some of the legal aspects of the education system. Click the boxes below for additional information on each topic. Facets of Legal Services Questions about WVBE Policy Superintendent Interpretations Resources West Virginia CodeFOIA Requests Submitting WV Board of Education Policy Click here to end module Click here to end module Inter County Student Transfer Appeal

3. If a student is denied a request to transfer from one school system to another, Policy 7212 – Intercounty Student Transfer Appeal permits the student to file an appeal with the state superintendent of schools. Such appeals are handled through the Office of Legal Services. Click here to view Policy 7212 -- Intercounty Student Transfer Appealhere

4. Questions pertaining to policies should be answered by the professional staff member who is “in charge” of that particular policy. Click here to view the topics directory to help determine who is in chargehere Most policies can be found on the WVDE website. For older policies, contact Legal Services. Click here to view WVDE policies (scroll page to find Policy Number)here Questions pertaining to policies should be answered by the professional staff member who is “in charge” of that particular policy. Click here to view the topics directory to help determine who is in chargehere Most policies can be found on the WVDE website. For older policies, contact Legal Services. Click here to view WVDE policies (scroll page to find Policy Number)here

5.  If the administrative staff member is unable to answer a constituent’s questions, then the professional staff member escalates the call to Legal Services Office.

6.  In the event the administrative staff member who is in charge of the area in question is not in the office or available, the secretary should take a detailed message for the supervisor and indicate to the caller the supervisor’s anticipated return to the office.

7.  It is important for all associate staff members to be familiar with the duties/responsibilities handled by administrative staff within their offices.  Knowledge of your supervisor’s duties enables the associate staff member to answer general questions pertaining to laws and policies governing those duties.  It is important for all associate staff members to be familiar with the duties/responsibilities handled by administrative staff within their offices.  Knowledge of your supervisor’s duties enables the associate staff member to answer general questions pertaining to laws and policies governing those duties.

8. Areas which should be referred directly to the Office of Legal Services include  Citizens Appeals  Civil Action Suits Against Board and Department  Grievance Hearings  Teacher Certification Revocation Hearings Areas which should be referred directly to the Office of Legal Services include  Citizens Appeals  Civil Action Suits Against Board and Department  Grievance Hearings  Teacher Certification Revocation Hearings

9. The Freedom of Information Act (FOIA) is a law ensuring public access to government records. FOIA carries a presumption of disclosure; the burden is on the government - not the public - to substantiate why information may not be released. Upon written request, the West Virginia Department of Education is required to disclose those records, unless they can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA. This right of access is ultimately enforceable in federal court. If you receive a Freedom of Information Act request (FOIA) from a constituent, please send a copy immediately to Legal Services. Click here to download a copy of the Freedom of Information Act guidehere The Freedom of Information Act (FOIA) is a law ensuring public access to government records. FOIA carries a presumption of disclosure; the burden is on the government - not the public - to substantiate why information may not be released. Upon written request, the West Virginia Department of Education is required to disclose those records, unless they can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA. This right of access is ultimately enforceable in federal court. If you receive a Freedom of Information Act request (FOIA) from a constituent, please send a copy immediately to Legal Services. Click here to download a copy of the Freedom of Information Act guidehere

10.  The West Virginia Department of Education website provides many resources to assist you in handling telephone calls received.website  A Topics Directory is available on WVDE’s website for your information and usage.Topics Directory  For more information on the grievance process, log-on to the WV Grievance Board website.WV Grievance Board  West Virginia school law can be viewed on the West Virginia Legislature website. website  The West Virginia Department of Education website provides many resources to assist you in handling telephone calls received.website  A Topics Directory is available on WVDE’s website for your information and usage.Topics Directory  For more information on the grievance process, log-on to the WV Grievance Board website.WV Grievance Board  West Virginia school law can be viewed on the West Virginia Legislature website. website

11. The State Superintendent of Schools is often asked for legal interpretations of West Virginia Board of Education policies. Copies of Superintendent Interpretations are available on the Department’s website. Click here to access Superintendent Interpretationshere

12. West Virginia schools are subject to conform with the constitution and laws of the State of West Virginia. School laws may be found in West Virginia Code by  accessing http://www.legis.state.wv.us andhttp://www.legis.state.wv.us  clicking on icon “The WV Code.” West Virginia schools are subject to conform with the constitution and laws of the State of West Virginia. School laws may be found in West Virginia Code by  accessing http://www.legis.state.wv.us andhttp://www.legis.state.wv.us  clicking on icon “The WV Code.”

13.  Visit the instructional module for Board Agenda and Policy Development for instructions.  Contact Virginia Harris, Administrative Assistant, in Room 351 to submit the policy.Virginia Harris  Visit the instructional module for Board Agenda and Policy Development for instructions.  Contact Virginia Harris, Administrative Assistant, in Room 351 to submit the policy.Virginia Harris To submit a policy to the West Virginia Board of Education for comment or approval

14. Marlene Price, Legal Secretary Ext. 53307 mprice@access.k12.wv.us Heather Deskins, General Counsel Ext. 53307 hdeskins@access.k12.wv.us Sherri Goodman, Staff Attorney Ext. 53307 sgoodman@access.k12.wv.us John Morrison, Investigator Ext. 53507 jtmorris@access.k12.wv.us