MORGANTOWN — A state Senate education bill dealing with the state schools superintendent’s authority over local school boards hit a wall Wednesday after opponents said it appears to be an attempt to usurp local control.
SB 227 was on third reading for passage on Wednesday and is only two pages long. Current law says the state superintendent may issue orders to county boards requiring specific compliance with instructions. If a board fails or refuses to comply, the state superintendent may enforce an order by any appropriate remedy in any court of competent jurisdiction.
The bill interjects a phrase to make it read the superintendent may enforce an order by any appropriate remedy, including, but not limited to, initiating legal action in any court of competent jurisdiction.
The more problematic portion, for the opponents, is the next part. State law already allows the superintendent to withhold state aid if a board fails or refuses to comply with state code or the superintendent’s requirements.
The bill adds that the superintendent may also have approval of all board meeting agendas, attend or send a designee to attend all board meetings, and approve all county-level expenditures.
The bill requires the superintendent to report enforcement actions to the state board.
Under questioning, Education vice chair Rollan Roberts, R-Raleigh, said the bill is intended of offer a series of intermediate steps for a superintendent before the state board takes the county board to court, withholds money from the county or takes over operation of a county’s schools.
Roberts said he was not aware of any county boards currently out of compliance.
Sen. Mike Woelfel, D-Cabell, asked Roberts if the bill gives the superintendent an expanded role in telling a county board “how to handle its business.”
Roberts answered, “In essence it does.”
Woelfel then asked, “Why would we do that when we all seem to favor local control over education matters?”
Roberts again said it’s an intermediate process before court action or a takeover. “This is not some sort of power grab; this is something that is a way to manage a problem situation.”
Woelfel reiterated his opinion that the local board should have control over its own agenda.
He asked if the bill would also allow the superintendent to dictate curriculum decisions.
Roberts said, “Only if they are out of compliance, that could be a component. … The noncompliance is where it becomes the problem.” They plan to deal with this in a different context on a different day.
He then cut off questioning. Woelfel responded, “I still don’t understand the bill, so maybe it is a good idea to take it up another day.”
Over some objections, senators agreed to lay the bill over until Thursday (and, as with bills in the past, it may actually come up on Thursday or it make take several more days to get hashed out).
The Senate sent to the Rules Committee SB 267, which also was on third reading and deals with transporting students to school-sponsored activities in vehicles holding 10 or fewer people, including the driver. It was unclear if the bill is getting killed or just parked for a while. It does not appear on Thursday’s calendar.
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