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Judge Bloom rules in favor of Nicholas board in Richwood consolidation case

CHARLESTON, W.Va. —  Kanawha Circuit Judge Duke Bloom has ruled in favor of the Nicholas County Board of Education in the contentious Richwood school consolidation case.

Bloom issued a ruling late Friday that members of the West Virginia Board of Education overstepped their authority in reversing the earlier decision by the local board. He ordered the state board to let the consolidation go forward.

This may not be the last word in this case. Even Bloom has alluded to the possibility of an appeal to the state Supreme Court.

The judge had to decide whether the state board’s decision was “arbitrary and capricious.”

MORE: Read Judge Bloom’s ruling in the Nicholas consolidation case.

He wrote that he appreciates the strong feelings on all sides, but it was up to him to interpret the law.

“The court further notes that it expresses no opinion regarding the merits of the consolidation plan and only reviews the WVBE’s justifications for rejecting the CEFP amendment to determine whether its actions were arbitrary,” Bloom wrote.

Kanawha County Circuit Judge Duke Bloom

The judge did decide, though, that the state school board went beyond its own rules. Bloom wrote that the state board’s general supervision powers do not give it free reign.

“Based on the foregoing, the Court finds and concludes that in considering a CEFP amendment to close and/or consolidate local schools, the state Board does not have unfettered discretion to simply substitute its judgment for that of a local county school board of consider arbitrary criteria not contained in WVBE policies or regulations.

“Moreover, the Court finds it patently unfair to arbitrarily change closure/consolidation requirements after a local school board has expended considerable time, effort and resources to comply with promulgated State Board policies,” the judge wrote.

Bloom went on to say, “Such departure from WVBE policy and regulations is the textbook description of arbitrary conduct, as it results in disparate inconsistent treatment of similarly situated parties by setting different standards for similar situations.”

The state school board next meets Aug. 24.

“I anticipate the board will reflect on Judge Bloom’s ruling and provide an update regarding next steps thereafter,” stated Kristin Anderson, spokeswoman for the state board.

Bloom’s decision was issued after the submission of briefs from both sides and after a 7-hour hearing on July 11.

The local school board prefers a plan to combine five schools at one campus in the Summersville area. The schools are Richwood High and Middle Schools, Summersville Middle, Nicholas County High School, and the county’s vocational school.

Richwood High and Middle and Summersville Middle were destroyed in last summer’s devastating West Virginia floods. For now, students are learning in portable classrooms.

Twice, state school board members rejected that plan — expressing concern that local board members didn’t adequately listen to concerns from Richwood residents and that alternatives might exist.

In the earlier hearing before Bloom, state board members acknowledged that members of the Nicholas County board abided by the letter of state policy, which they often called by its number, 6204.

But the state board members said they didn’t believe the Nicholas board members listened intently enough to concerns or that they engaged with all county residents with enough zeal.

Bloom wrote in his Friday order, “In spite of the detailed list of factors in Policy 6204 and the statutory requirements in W.Va. 18-5-13a, the State Board in this case went beyond its rules and required the county to do something more.”

He wrote that the state Constitution charges the Legislature, not the state Board of Education, with providing for a thorough and efficient free school system. He says, through state code, the Legislature provided the rules a county board must follow before making a final decision to consolidate schools.

The rules include providing written reasons and supporting data for the school closing or consolidation, providing notice for public hearing, conduct a public hearing meeting multiple requirements and follow the rules promulgated by the state board.

“In this case,” Bloom wrote, “there is no contention that the Nicholas County BOE failed to follow the requirements of W.Va. Code 18-5-13a or any promulgated, written rule of the State Board. Rather, the only contention by the Respondents is that the State Board may, because of their constitutional role, consider other factors not set forth in W.Va. Code 18-=5-13a or State Board Policy 6204 and reject the Nicholas Co. BOE’s CEFP amendment.”

 





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