School Board Opinions
Eligibility Standards of School Board Members
In 2003 the West Virginia Legislature amended the law regarding the eligibility standards of county board of education members. The amendment, effective July 1, 2003, authorized the Ethics Commission to render advisory opinions on whether a particular elected or appointed position held or sought would bar a person's service on a county board of education. [ WV Code §18-5-1a]
Who may ask for an Opinion?
The Ethics Commission is authorized to issue written advisory opinions to county board of education members, members-elect and candidates for election to the board whether they may hold certain other positions and serve on a county board in accordance with the provisions of W. Va. Code § 18-5-1a. The Commission will not respond to requests for written advice on the propriety of someone else's conduct.
The Commission will consider written requests as promptly as possible, usually at its next monthly meeting. The requestor will receive a copy of the written advisory opinion by mail.
The Opinions relating to school board members, members-elect and candidates are listed below. The Opinions are in .pdf format and may be accessed for viewing by clicking the appropriate opinion number.
SCHOOL BOARD OPINIONS - by topic
2003-01 Soil Conservation District
2003-02 County Emergency Ambulance Authority
2004-03 Public Service District
2010-01 County Board of Health
2003-03 City-County Transportation Planning Organization
2003-04 Community Action Organization [private, non-profit charity]
2005-01 Community Partnership Board
2004-05 Community & Technical Education Council
2006-02 Correctional Facility Instructor
2003-05 County 4-H Camp Advisory Council
2003-06 County Extension Service Committee
2003-07; 2004-07 County Economic Development Authority
2004-08 Municipal Committee
2003-04; 2004-04; 2004-07; 2005-02 Non-profit Corporation
2006-01 Professor at a State University
2004-07 Regional Highway Safety Coalition
2004-07 Senior Citizen’s Center
2003-09 Sheltered Workshop [private, non-profit charity]
2004-01 State Department of Education Employee
2004-06 Workforce Investment Board
2004-05 Workforce Investment Council
2004-06 WORKFORCE West Virginia Center
2011-01 Board of Directors of a State Community College
2003-08 May file pre-candidacy papers for elected public office
2008-01 Municipal water board member as candidate
2008-02 Delegate to the State Democratic Party Convention
SBAO 2003-01 School Board Member may not serve as a Supervisor on a Soil Conservation District Board of Supervisors.
SBAO 2003-02 School Board Member may not serve on the Board of a County Emergency Ambulance Authority.
SBAO 2003-03 School Board Member may not serve on the Board of a City-County Transportation Planning Organization.
SBAO 2003-04 School Board Member may serve on the Board of Directors for a Community Action Organization.
SBAO 2003-05 School Board Member may serve on a County 4-H Camp Advisory Council.
SBAO 2003-06 School Board Member may serve as a member of a County Extension Service Committee.
SBAO 2003-07 School Board Member may serve on a County Economic Development Authority.
SBAO 2003-08 Filing pre-candidacy papers not a bar from continued service on a County School Board.
SBAO 2003-09 A person being considered for appointment to a School Board vacancy may continue to serve on the Board of Directors of a private non-profit organization which operates a sheltered workshop for physically and mentally challenged people.
SBAO 2004-01 A candidate for a County Board of Education may retain his teaching poisition with the WV Department of Education (WVDOE).
SBAO 2004-02 VOID
Withdrawn by requestor and no opinion issued
SBAO 2004-03 School Board Member may not serve on the Board of a Public Service District. .
SBAO 2004-04 School Board Member-elect may serve on the board of directors of a non-profit corporation.
SBAO 2004-05 School Board Member-elect may serve on the boards of the West Virginia Community and Technical Education Council and the West Virginia Workforce Investment Council.
SBAO 2004-06 School Board Member-elect may serve on a regional Workforce Investment Board and the board of a local WORKFORCE West Virginia Center.
SBAO 2004-07 School Board Member may serve on the county Economic Development Authority, the Senior Citizen’s Board, and the Governor’s Highway Safety Task Force.
SBAO 2004-08 School Board Member may serve on a municipal committee.
SBAO 2005-01 School Board Member may serve as a member of a Community Partnership board for a State University's public health research and training operation.
SBAO 2005-02 School Board Member may serve on the Board of directors for a local YMCA.
SBAO 2006-01 School Board Candidate may serve while employed as a professor at a State University.
SBAO 2006-02 School Board member may serve while employed by the State Dept. of Education as a teacher at a State Correctional facility in his county of residence.
SBAO 2008-01 Candidate for County School Board may continue to serve in an appointed position on a municipal water board.
SBAO 2008-02 School Board Members may serve as delegates representing their respective counties to the State Democratic Convention.
SBAO 2010-01 School Board Member may not serve on County Board of Health.
SBAO 2011-01 School Board Candidate may simultaneously serve on Board of Directors of a State Community College and the County Board of Education.
SBAO 2014-01 A County Board of Education Employee may keep her job as Attendance Director/Alternative School Liaison and be a candidate for membership on the same County Board of Education. If elected, the Requester intends to sever her emplooyment with the county school system before newly elected BOE members are seated.
SBAO 2014-02 A Candidate for County Board of Education may, if elected, work as a teacher for a multi-county Area vocational Center that services his county.
SBAO 2014-03 A County Board of Education Member-Elect asks whether, if she takes office, she may continue to work as a substitute bus operator in the same county or take a leave of absence.
SBAO 2014-04 A County Board of Education Member-Elect asks whether, if he takes office, he may keep his job as a police officer for a city police department located in the same county.