G-FYI™: Memorandum of Understanding Between GCBOE and LCBOE
The following is the memorandum of understanding between Gilmer County and Lewis County for the proposed and full funded elementary school in Linn, WV area.
The new proposed school replaces the Troy Elementary School in Gilmer County and Alum Bridge Elementary School in Lewis County.
At least 4 members of the Gilmer County Board of Education were not informed and or involved in drafting of this memorandum.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE WEST VIRGINIA BOARD OF EDUCATION ACTING ON BEHALF OF THE GILMER COUNTY BOARD OF EDUCATION,
THE LEWIS COUNTY BOARD OF EDUCATION
RE: GOVERNANCE AND OPERATION OF INTERCOUNTY SCHOOL
This agreement is entered into between the West Virginia Board of Education (hereafter, WVBOE) acting on behalf of the Gilmer County Board of Education(GCBOE), sending county, pursuant to W. Va. Code §18-2E-5, and the Lewis County Board of Education (hereafter, LCBOE), receiving county.
The GCBOE superintendent, WVBOE, and LCBOE each recognize that the education and welfare of students in Gilmer and Lewis Counties will be enhanced by the establishment of a school in the location of Linn, WV, on or near the Gilmer and Lewis County line. The counties have identified the establishment of this school as their priority needs project and have jointly made a request to the West Virginia School Building Authority (SBA) for funds to be used in constructing the school. The purpose of this agreement is to memorialize the agreement of the parties as to the establishment, operation and management of the intercounty school. The agreement shall be in full force and effect and honored by all parties, now and in the future, unless and until all parties agree to any changes which shall be memorialized in writing.
1. Establishment and Operation
The establishment, operation and management of the intercounty school shall be governed by W. Va. Code §18-5-11, §18-9A-14, and §18A-4-8i and other applicable portions of West Virginia Code and WVBOE Policy. Because the tax assessment of the property on which the school will be built is determined by and payable to Lewis County, the title of the school shall be held in the name of the Lewis County Board of Education which shall be vested with the control and management of the school. The cost for acquisition of the property shall be apportioned between the GCBOE and the LCBOE on an equal basis as follows:
• GCBOE will pay $167,500 toward the purchase of approximately twenty (20) acres of property located at Linn, West Virginia, to be used as the site for the proposed intercounty elementary school. A description of the property is found in the deed attached at Appendix A.
• LCBOE will pay $167,500 toward the purchase of approximately twenty (20) acres of property located at Linn, West Virginia, to be used as the site for the proposed intercounty elementary school.
Gilmer County Schools will be responsible for procurement of all architectural services related to this project. Invoices for architectural and engineering services will be submitted to the GCBOE, requisitions will be sent to the SBA by GCBOE, and SBA will render payment directly to the architect for architectural and engineering services. All other requisitions associated with this project shall be submitted to the LCBOE.
West Virginia Code §18-9A-14 will govern the transfer of money via the state aid formula to LCBOE as a result of the transfer of students from GCBOE.
Except as set forth above regarding property acquisition and payment for architectural and engineering services, the GCBOE shall not be otherwise responsible for expenses incurred in the operation of the new school.
2. Advisory Council Composition
An Advisory Council shall be created and shall be in place and active no later than 12 months prior to the opening of the intercounty school. The Council shall be comprised of the receiving and sending county superintendents, ex-officio; one receiving and one sending county Board of Education Member elected for two-year terms; the LSIC Chair Person; the principal of the intercounty school once selected; and the PTA president. (During the school planning process, the LSIC Chair Person and PTA President from both Troy and Alum Bridge elementary schools shall serve on the council. Once the school is complete and ready to open, the joint LSIC and PTA will elect one Chair Person and one president, respectively, to represent the new school.)
3. Advisory Council Role
The parties agree that the Advisory Council shall make recommendations to the LCBOE regarding the general operation of the intercounty school, including but not limited to the following:
All personnel issues shall be brought before the Advisory Council which shall make recommendations on all personnel issues arising at the intercounty school after discussion and review with input from both county superintendents. The LCBOE superintendent shall forward the recommendations of the council to the LCBOE for action.
In accordance with §18A-4-8i, professional educators- and service personnel whose names appear on the certified list of employees created pursuant to the provisions of subsection (c) of the section and who are hired by the county board of the receiving county shall accrue seniority in both the sending and the receiving counties during the time in which they continue to be employed by the county board of the receiving county. This means that the employees of the sending county (GCBOE) will retain their years of service/seniority without interruption when they transfer to the receiving county (LCBOE). This seniority is not limited to use solely at the intercounty school.
The LCBOE will govern the new intercounty school with the guidance and recommendations of the Advisory Council. The LCBOE superintendent shall forward the recommendations of the Council to the LCBOE for action.
c. Transportation Routes
Each county will be responsible for transporting its own students to the new intercounty school. The Advisory Council may make recommendations regarding ways to save transportation time and costs regarding students attending the school. The LCBOE superintendent shall forward the recommendations of the council to the LCBOE for action.
d. Comprehensive Educational Facilities Plan (CEFP) Revisions
CEFP revisions will be the responsibility of the receiving county (LCBOE). The Advisory Council may make recommendations to the LCBOE regarding facilities planning. The LCBOE superintendent shall forward the recommendations of the council to the LCBOE for action.
e. School Funds
Any unexpended funds remaining in the Troy and Alum Bridge school accounts, including faculty senate funds, will be transferred to the intercounty school once it is opened. All financial obligations and debts incurred by the respective schools (Troy and Alum Bridge) shall be satisfied prior to the opening of the new school.
The Advisory Council may make recommendations regarding support organizations and fundraising ideas for the intercounty school. All school support organizations must be officially approved by the LCBOE. The LCBOE superintendent shall forward the recommendations of the council to the intercounty school principal and/or LCBOE for action as appropriate.
4. Planning Committee
The entire LSIC at Troy and Alum Bridge elementary schools, as well as such additional members as may be designated by the superintendents of GCBOE and LCBOE, will comprise a planning committee to exist for the duration of the intercounty school construction. The committee shall have the responsibility for development of educational specifications as designated in SBA policy. The planning committee shall also have responsibilities for determining the intercounty school name, mascot, colors, etc.
5. Advisory Council Meetings
All meetings shall be properly noticed pursuant to the West Virginia Open Meetings Act. The parties agree that the Advisory Council shall meet at least monthly and alternate the meeting location between counties until the intercounty school is completed. After the school is Completed, Advisory Council Meetings shall occur at the school. The Advisory Council shall meet at least quarterly with the sending county (GCBOE) and at least monthly with the receiving county (LCBOE). Special meetings shall be held as necessary and the meetings noticed accordingly.
The first meeting of the Advisory Council shall be announced jointly by the superintendents of GCBOE and LCBOE. At this meeting, a chairperson shall be elected. Prior to the election of a chairperson, the meeting shall be jointly chaired by the superintendents of GCBOE and LCBOE. Thereafter, the chairperson shall conduct elections for the offices of vice-chair and secretary. All offices shall have terms of one year.
Nothing in this agreement shall contravene the duties and rights of the parties as set forth in West Virginia law. If any provision herein is found to conflict with controlling law, that portion of the agreement shall be rendered null and void without invalidating the remaining provisions in the agreement.
7. Agreement and Signature
The parties agree to the provisions of the Memorandum of Understanding as evidenced by the signatures, below. This Memorandum of Understanding shall be executed in three duplicate originals.
West Virginia Board of Education acting on behalf of the Gilmer County Board of Education:
By: Wade Linger, President
Lewis County Board of Education:
By: Joseph L. Mace, Superintendent