Engrossed Version
House Bill 4040 History
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ENGROSSED
H. B. 4040
(By Delegates Williams, Perry, Eldridge, Beach, Tansill,
Paxton, Poling, Canterbury, Fragale, Stevens and LaneSPONSOR)
[Originating in the Committee on EducationDATECOMMITTEE.]
(January 17, 2006)
A BILL to amend and reenact §18-5-13a of the Code of West
Virginia, 1931, as amended, relating to requiring voter
approval prior to closure and consolidation of certain
schools with grades eight or below when new building
construction or addition of two or more classrooms are
involved and the closure or consolidation was not included
in a local bond issue or excess levy approved by the voters;
exceptions; requiring petition of voters for election to be
held.
Be it enacted by the Legislature of West Virginia:
That Enacting SectionBill Title§18-5-13a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13a. School closing or consolidation.
(a) In addition to the provisions of section thirteen of
this article, prior to any final decision of a county board 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 shall:
(1) Prepare and reduce to writing its reasons and supporting
data regarding the school closing or consolidation. The written
reasons shall:
(A) Be available for public inspection in the office of the
county school superintendent during the thirty days preceding the
date of the public hearing required by this section;
(B) Be delivered in duplicate to the:
(i) Principal of a school which is proposed to be closed or
consolidated, and of any school which will receive the students
who are relocated as a result of the closure or consolidation;
and
(ii) The chair, if any, of the local school improvement
council representing a 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; and
(C) Comply with the rule promulgated pursuant to subsection
(b) of this section;
(2) Provide notice for a public hearing. The notice shall be advertised through a Class III legal advertisement, pursuant
to the provisions of article three, chapter fifty-nine of this
code for the three 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 county board. Additionally, the notice
shall contain the statement that the hearing location is subject
to change if at the time the meeting is called to order, it is
determined that the meeting location is of insufficient size. A
copy of the notice shall be posted at any school which is
proposed to be closed or consolidated, and at any school which
will receive the students who are relocated as a result of the
closure or consolidation, in conspicuous working places for all
professional and service personnel to observe. The notice shall
be posted at least thirty days prior to the date of the hearing;
(3) Conduct a public hearing which meets the following
criteria:
(A) At least a quorum of the county board members and the
county superintendent from the county wherein an affected school
is located shall attend and be present at the public hearing;
(B) Members of the public may be present, submit statements
and testimony, and question county school officials at the public
hearing;
(C) A separate hearing shall be held for each school closed
or consolidated;
(D) More than one hearing may be held during any one day;
(E) The hearing shall be held in a facility of sufficient
size to accommodate all those who desire to attend;
(F) If, at the time the hearing is called to order, it is
determined by the board that insufficient space is available to
accommodate all those who desire to attend, the hearing shall be
recessed and moved to a new location of sufficient size to
accommodate all those who desire to attend. If the meeting
location is changed due to insufficient capacity, the county
board shall cause the new meeting location to be posted at the
original meeting location; and
(G) The hearing is subject to the requirements set forth in
the rule promulgated in accordance with subsection (c) of this
section; and
(4) Receive findings and recommendations from any local
school improvement council representing an affected school
relating to the proposed closure or consolidation prior to or at
the public hearing; and
(5) For schools containing any of the grade levels eight or
below with an average of thirteen or more students per grade
level, if the closure or consolidation involves the construction
of a new school building or the addition of two or more
classrooms to an existing school building, if a petition
conforming to the requirements of subsection (f) of this section is filed within sixty days following the public hearing required
by this section, then the question of closing and consolidating
the schools shall be submitted to the voters of the county and
ratified by a majority of all votes for and against the question.
The provisions of this subdivision do not apply to closures or
consolidations approved by the county board prior to the
effective date of this section, to closures or consolidations
resulting from the destruction or unserviceability of school
buildings due to flood, fire or other natural disaster, to
closures or consolidations where the citizens of the county have
already approved a bond issue or an excess levy called for the
purpose of constructing a new school building or for the addition
of two or more classrooms to an existing school building, or to
closures or consolidations otherwise excepted by this section.
(b) The state board shall promulgate a rule, in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code, detailing the type of supporting data a county board
shall include as part of its written statement of reason required
by this section for school closing or consolidation. The rule
shall require at least the following data:
(1) The transportation time of the affected students; and
(2) Any data required by the state board to amend a county's
comprehensive educational facilities plan.
(c) The state board shall promulgate a rule, in accordance with the provisions of article three-b, chapter twenty-nine-a of
this code, that establishes the procedure to be followed by
county boards when conducting a public hearing on the issues of
school consolidation and closing.
(1) The rule shall provide standards for at least the
following:
(A) The appropriate forum and venue for public hearings to
be held;
(B) A process for affording interested parties the
opportunity for their perspectives to be expressed;
(C) Establishing, where necessary, reasonable restrictions
on the amount of time allowed each individual desiring to speak
so that all parties wishing to speak at the hearing are given an
equal amount of time; and
(D) Scheduling and organizing public hearings when more than
one school within a county is proposed for consolidation or
closure.
(2) It is the purpose of this subsection to provide for
uniformity among the counties in the procedures followed when
scheduling, organizing and conducting public hearings on the
issues of school consolidation and closure.
(d) The state board shall promulgate the rules required by
this section by the first day of June, two thousand two.
(e) Any document prepared, notice given, hearing conducted or action taken prior to the effective date of the amendments
made to this section during the two thousand two regular session
of the Legislature, is considered sufficient if the county board
complied with the terms of this section effective at the time and
the county board violates no other provision of law which would
invalidate the document, notice, hearing or actions.
(f) The petition required to trigger the county-wide
election referred to above must be signed by a minimum of twenty
percent (20%) of the registered voters in the county. Each page
of the petition shall contain the following language placed
conspicuously at the top of the page:
"We, being registered voters of the County of ________________,
object to the closure of _______________ (name of the school),
and we petition for an election by the county to determine
whether or not the school may be closed."
The petition shall be delivered to the office of the clerk of the
county commission of the county who, upon receiving the same
shall have the following duties:
(1) Within five days of receipt of the petition, notify the
board of education in writing that a petition objecting to the
closure of the school in question has been received;
(2) Within thirty days from receipt of the petition, verify
whether or not the petition has been signed by the requisite
percentage of the registered voters of the county;
(3) Within five days after determining whether or not the
petition has been signed by the requisite percentage of the
registered voters of the county, notify the board of education in
writing as to whether or not the petition is sufficient to
mandate an election before the school may be closed.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.