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Legal Services and Policy Questions

Staff Development Module. Legal Services and Policy Questions. Click Here to Begin. Welcome to the WV Department of Education.

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Legal Services and Policy Questions

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  1. Staff Development Module Legal Services and Policy Questions Click Here to Begin

  2. Welcome to the WV Department of Education 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. Superintendent Interpretations Facets of Legal Services Questions about WVBE Policy FOIA Requests West Virginia Code Resources Inter County Student Transfer Appeal Submitting WV Board of Education Policy Click here to end module

  3. Inter County Student Transfer Appeal 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 Appeal

  4. Who should answer questions about WVBE policy? 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 charge 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)

  5. What if he/she doesn’t know? • 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. What if he/she isn’t available? • 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. Should I answer questions? • It is important for all associate staff members to be familiar with the duties/responsibilities handled by administrative staff within their office. • Knowledge of your supervisor’s duties enables the associate staff member to answer general questions pertaining to laws and policies governing those duties.

  8. Facets of Legal Services 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. FOIA Request 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

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

  11. Superintendent Interpretations 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 Interpretations

  12. West Virginia 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 • Click on icon “The WV Code”

  13. Submitting WVBE Policies • Visit the instructional module for Board Agenda and Policy Development for instructions. • Contact Virginia Harris, Executive Secretary, in room 351 to submit the policy. To submit a policy to the West Virginia Board of Education for comment or approval

  14. Thank you and have a great day! Office of Legal Services 1900 Kanawha Blvd East Building 6, Room B-362 Charleston, WV 25305-0330 (304) 558-3667 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 Marlene Price, Legal Secretary Ext. 53307 mprice@access.k12.wv.us

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