G-LtE™: State of the Mingo County School System (Gilmer County? Sound Familiar?)

Rex Non Potest Peccare - The King Can Do NO Wrong

I, William D. Duty, am the current President of the statutory corporation named “The board of education of the county of Mingo”.  I point out that in many respects, the corporate character of the Mingo County BOE is, or at least is “normally”, similar to the corporate character of private corporations.

What I mean is that in private corporations, a board of directors is elected and charged with the sound management of the corporation.  Most often, the actual day to day management of the corporation is done by and through a chief executive officer (or CEO) who is hired by, reports to and is responsible to the Board of Directors. If the profitability of the corporation, its overall financial situation, and/or its overall performance, is not what it should be, the CEO must explain to the board of directors why things are not as they should be.

If the shareholders (i.e., the actual and true owners of the corporation) are disgruntled as to how the Board of Directors deals with the CEO or how the Board of Directors otherwise addresses the problems at issue, the shareholders have the power and authority to elect new members to the Board of Directors.

In many respects, this system of accountability and responsibility is the essence of American capitalism.

It is within this general framework that America became the richest nation on Earth and the envy of the rest of the world. It has worked by and large because of a basic principle:  those with authority not only have responsibility, they are accountable to those who ultimately pay the bills.  This is what works and has worked for many, many, years.  It is a system of what is commonly known as one characterized by “checks and balances”.

Before proceeding to express what I observe the current state of the corporation known as the board of education of the county of Mingo to be, it is necessary to compare and contrast some of the likenesses and differences between the “normal” corporate operation and nature of the board of education of the county of Mingo with the corporate nature and operation of private sector corporations.

The elected members of the county board of education are roughly analogous to a board of directors in a private sector corporation.  S18-5-1 of the West Virginia Code states that “each county school district shall be under the supervision and control of a county board of education, which shall be composed of five members, nominated and elected by the voters …”

Thus, according to W.Va. law, county boards of education are, like private sector boards of directors, charged with and responsible for the sound management of their respective corporations.

In the corporations known as county boards of education, the county superintendent of schools can be likened to the CEO of a private sector corporation.  According to W.Va. Code S18-4, county superintendents of school are hired and appointed by county boards of education and are accountable to county boards. In fact, S18-4-10 of the W.Va. Code clearly states that, “The county superintendent shall act as the chief executive officer of the county board…..”

Finally, shareholders in private corporations can change the way their corporation is managed by electing a new board of directors. Similarly, voters in county elections normally can change the way their school system operates by electing new members to their board of education.  Up to this point, the above analogies appear to indicate that the aforementioned system of checks and balances would foster sound management principles in county school system “corporations”.

However, there is a caveat, a glaring dissimilarity between the private and county corporations; a fundamental difference which skews the abovementioned model(s) or system(s) of “checks and balances” to the point of non-recognition.

This contrast between the private sector model and the “county board model” is as follows: under W.Va. law, (and in spite of the language of S18-5-1 of the W.Va. Code), it is the non-elected W.Va. State Board of Education (not the elected county board members) which holds the cards; which is the ultimate authority; and which can and often does take over county school systems without any direct accountability to the voters – the true owners of county school systems.

In theory, takeovers by the State Board of Education of county school systems are to remedy problems which exist in spite of the “normal” operation of the aforementioned system of checks and balances.  In effect, the State Board of Education can be likened to the ideal of a benign dictator – a foreign entity who supposedly steps in and corrects problems which local, county officials and voters are unable or unwilling to solve.

It is worth noting again that this “benign” dictator is not directly accountable to voters.

Nevertheless, the current system “is what it is” and it is not the intent of the undersigned to debate whether or not it works better than a “normal” system of checks and balances.

However, the corporation known as the board of education of the county of Mingo has been, to one degree or another, under the (abnormal) supervision/control of this “benign dictator” since 1998.  Thus, the current state of the Mingo County school system at least reveals something about the efficacy of the “benign dictator’s” rule in Mingo County.

Since 1998, the Mingo County superintendent of Schools has been named by the State Board of Education. Thus, the CEO of the county school system has not been accountable to the elected members of the Mingo County Board of Education for more than 14 (fourteen) years. It nearly goes without saying that no board of education (or board of directors) can have any more than a superficial ability to effect the day to day management of a corporation when that board has no control over the actions of its CEO.

But again, the focus herein is not whether the State BOE should have done what it has done, but rather to briefly examine whether this “benign” dictator has remedied the problems it identified as its justification(s) to exercise plenary control over and of the Mingo County school system in 2004. (Again, the county school system had been under some degree of State BOE control since 1998. At the very least, it was the State BOE’s chosen county superintendent who became CEO of the county school system in 1998.)

Again, in 2004, the State BOE exercised its authority to “fully “ take over the county school system and thereupon effectively stripped the county BOE of its ability to exercise any meaningful supervision of or control over the county school system.  Two of the most important of the “benign dictator’s” stated reasons for its plenary takeover of the county school system were/are to remedy alleged financial mismanagement by the elected county board members and to correct alleged unacceptable academic achievement/progress by Mingo County students.

Of course, these and/or the other alleged problems used by the benign dictator to circumvent the will of the Mingo County voters who elected the members of the county BOE were not at all attributed to or blamed upon the CEO of the school system. This anomaly is not difficult to explain, since the county superintendent/CEO was and is the “agent” of the “benign dictator”, (which apparently still subscribes to the outdated maxim of rex non potest peccare – meaning, the king (herein benign dictator) can do no wrong).

In any case, it is now time to take a look at what the benign dictator has done by examination of at least two of its stated justifications for its 2004 takeover of the Mingo County school system.

There are at least several standards or measuring devices used by the state of W.Va. to evaluate student performance/achievement. It goes without saying that the primary goal of any school system is to foster the development of young people into productive members of society and to do so efficiently. (In fact, every young person in W.Va. has a fundamental constitutional right to a thorough and efficient education.)

With regard to some of the most noteworthy of these standards, the results are as follows:  In 2011, the average student ACT scores in Mingo County are lower than they were in 2004; in 2011, the dropout rate for Mingo County students is higher than it was in 2004; there are few, if any, indicators/standards utilized by the State of W.Va. to evaluate student performance that even imply that the takeover of the Mingo County school system has in any way improved the quality of education in Mingo County and/or otherwise benefitted the school children of Mingo County.

With regard to finances, the county school system was virtually debt free in 2004.  Since 2004, the benign dictator has borrowed more than 3 million dollars – a debt payable by Mingo County taxpayers.  The benign dictator chastised the county board of education in 2004 for having about 19 more teachers/professional educators and 42 more school service personnel than allowed by the state formula.

In 2012, Mingo County was roughly 44 (43.43) teachers and 52 (51.97) school service personnel over the state formula.

According to the State’s own figures the annual cost of the number of “over formula teachers” and “over formula service personnel” increased (from 2004 to 2012) by about two million dollars/year as a result.  This 2 million/year liability is a cost to be borne solely and exclusively by Mingo County taxpayers.

The State Board of Education’s own audits very clearly evince that its actions show a profound disregard for sound financial management principles.

There are few, if any, accepted measurements of financial/fiscal stability that even hint that the financial condition of the Mingo County school system has improved in any way, shape or form since 2004.

More importantly, the taxpayers of Mingo County are now saddled with millions upon millions of dollars of debt and other obligations that did not exist in 2004.

In sum, it is difficult to comprehend how the “benign dictator’s” actions have in any way corrected alleged financial problems or otherwise benefitted the citizens of Mingo County in any way, shape or form. (Note: In spite of this dismal state of affairs, the CEO of the county school system remains in charge of the day to day management of the county school system.

In conclusion, the state of the Mingo County school system is not satisfactory. The actions of the State BOE have been predatory rather than benign with regard to the students and taxpayers of Mingo County.  If and when the State BOE decides that it is time for its mismanagement of the Mingo County school system to end and that it is time to give back supervision and control of the county school system to the elected members of the Mingo County BOE, such supervision and control at a minimum must give the county BOE the opportunity to choose its own superintendent/ CEO and include some means to indemnify the Mingo County taxpayers from the (additional) financial liabilities/obligations created since 2004.

Mr Duty, thank you very much for the well written article.
You have used a great comparison with capitalism and corporate practices.  Obviously lacking in the current state mandated and operated school system debacle.
Your Mingo (and Gilmer County) folks have nothing to fear.
Mrs Senator Manchin was recently on television, and also was quoted by the print media, as having a “five year plan” for school systems, that “will become the model for West Virginia”. 

But you know, we all know, what the model for West Virginia education is, because we are living smack dab in the middle of it.

Yes Mr. Duty, they seem to always find another excuse to get their hands on the public checkbook.  If the answer to the problems with education in the state was to hire more people, we would be at the top instead of the bottom of the charts. As you pointed out, the shareholders have no say in this corporation and as long as a state superintendent stays it place it will remain that way.  Gilmer County Schools have had no audit since the takeover. I’m sure you hear a different reason given for takeover each time they came back around.What a disaster.

Its comforting to know that Gilmer County is not alone in this calamity, this state bastion of the Marple Empire.

Many of us are also puzzled and greatly concerned,  that the issues that remain and continue in our high school are not being addressed.  This was reported as one of the main reasons for the state takeover.  Would seem they do not have any idea how to deal with this situation, other than to point it out.  Which of course, locals were all ready well aware of.  Charleston, how about fixing it?

It is being loudly rumored about schedule issues, assignment issues, general lack of leadership.  We are hearing that the teaching and aid staff is in limbo?  This is great cause for alarm with school about to start.

A big part of the problem in the educational system, pure and simple, is the number of employees.  Bloated and over staffed they are.

It is infinitely easier to maintain control and manage 25 cows in a pasture than it is 200.

Of course, it takes a lot more work to clean up after 200 cows, sort of like the situation the educators and legislators, next to the Golden Dome find themselves in currently.

The problem could be solved by the legislature by abolishing the state board of education!  There is no justification for what happened in Mingo County, borrowing money and lowering the achievement of the students.  I presume this is what the state board intends to do to Gilmer County as they have already decided we have to help pay for a school in another county - one that has lower educational achievement, to boot.  This is communism, at it’s best!  We, as citizens, should be able to remedy this by some means.

The first step of problem solving is define the problem. After all of the analysis, questions, detail presentation, mediation and attempts at negotiation the core problem remains that the children of W.V. are not receiving a quality education. They are failing to thrive in the public arena.
Is the state providing the answer?  Take over the Board of Education and place a Superintendent who may not be questioned.  Force new construction using tax dollars but give the payers no say. Millions spent for political promotion but no public service ads ran to bring this problem to the forefront and engage the public .It would seem public interaction is not desirable.
Efforts to address this problem have produced minimal results.  Some information previously withheld has been provided but none to address the real issue.  They say they’ll pay for one school.  It is all that was ever offered.  A health clinic is on the table. It is already in the plan for Lewis County so that is not a new concession.  That leaves those who feel that the actions of this non-profit, government established organization are not acceptable. 
A problem in and of itself creates an adversarial position if all parties cannot come to agreement and that is where we stand.  It is easy to identify those who support the status quo.  They say it is wrong to question, that we must accept the position as a foregone conclusion and treat anyone in disagreement as an enemy. That has not historically proven to be a successful problem solving method. 
Does taxation without elected representation serve in the best interest of Gilmer County or any county in this state? The case for school consolidation with no public involvement has never been adequately presented and takeover has done nothing and will achieve little in addressing the real problems of education. Such actions have the potential to serve as further detriment to and already suffering economy.

Question for School Coalition Board.
I have been told the Coalition been working with legal entities.  Reporter Dendra Miller has said in the paper that you folks are working with the law firm of Bowles and Rice.  I always been under the impression that firm works for the State of WV in most matters?  Is there conflict going there?
Has the Coalition considered working with Challenge West Virginia or the Mountain State Justice Company?  One of these groups worked with the “Recht School Decision”.  There should be someone who you can turn to for help.  It is no doubt we are being misused by the individuals in charge of our children’s education.  There is something drastically wrong here in the system.
Can Mr Simmons or Mr Armour respond, or school board members, someone, to what is taking place that we don’t see or hear about?
Mr Simmons had an article out, but that sounded more like Charleston Press Release than it did Mr Simmons I thought.
Mr. Blankenship never seems to have any answers to questions.
And too, this student school placement policy.  That sounds like politics to give favor some special persons?
Also, what is this deal we keep hearing that buses will no longer go back up our side roads to haul our children?
This sounds like something the state is punishing parents and children with?
I do not think that we are being told what is going on.  And then there is all this talk all the time about transparency?

Well the report in the newspaper is not true. Coalition has never talked to Bowles and Rice. Bowles and Rice is the firm that represents Gilmer County schools. Coalition only talked to our prosecutor Gerry Hough and he said he was not interested and could not do anything to help.

In the interest of truth, fairness and clarity; Mr. Hough spent quite some time discussing the takeover issue.  His final position was, given that he represents the state in court, it would be a direct conflict of interest for him to work on this matter.

There is an appointment scheduled with Mountain State Justice whose lead attorney fought for the Recht Decision. His counsel and experience should be valuable.

There has been contact with Challenge WV and there is another county (not at liberty to name at this time) pursuing the takeover methods in court which could benefit all 55 counties if successful. It might be good if a representative statewide coalition can be formed of takeover counties.

The purpose of such efforts is not to attack any individual but an attempt to gain professional, accurate knowledge of the rights of the students, parents, educators, boards and tax payers under the law regarding takeover of their schools and stripping the power of elected officials

Such efforts encourage participation and increase knowledge of the process that governs education. The Coalition was not established as a rubber stamp organization. In my personal opinion it would be of no benefit to sit around, hold hands and sing kumbayah. Different people bring different life experiences and capabilities to the table and that is a good thing.We have not seen anywhere near the end of takeover or consolidation in the state and neither goes very far toward fixing the real problems. Blind acceptance accomplishes nothing.

It’s a shame more don’t stand up for themselves and get involved.  We should all be grateful for the work the coalition is doing.  Maybe they will find a way to stop the kids being moved out of the county but it won’t be done working with Charleston.  All the politicians wives want is what they want and that never changes. It isn’t likely another intercounty school would be built in Gilmer County either and that’s what is being looked into from all I hear. Now that there’s hardly any tenured teachers left we don’t know what we’ve got left and Blankenship isn’t going to tell us.

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