County boards of education school mergers, consolidations, or closings: Should public ‘microschools’ be part of the mix?
In this December 23, 2024, blog posting, this writer poses the question of whether ‘public microschools,’ based on existing law for private microschools, should enter the mix when county boards of education are confronted by school facilities reorganization as prompted by laws the state legislature adopted some 30-40 years ago, especially if students would benefit by bettered academics offerings reconfigured educational facilities could provide, especially schools lacking curricula diversity. Here are two sources, not cited in the blog, relating to microschools: https://www.edweek.org/policy-politics/video-how-microschools-can-fit-in-the-broader-k-12-system/2024/06 and https://www.edweek.org/policy-politics/video-how-microschools-can-fit-in-the-broader-k-12-system/2024/06 This writer notes there are antecedents for microschools and that a few public schools receive funds from the Legislature akin to the writer’s concept of public microschools as well as specialized county board schools such as magnet schools, schools for atypical student learners. This concept, if policymakers deem it worthy of discussion would require considerable legislative and state Board of Education considerations in terms of law and policy – and, certainly, funding implications. The views expressed are those of the writer.
Will the recent spate of school closings result in changes to school funding or other public education laws or rules?
The spate of recent public-school closings advances as legislators determined by statutes adopted in the mid-1980-early 1990s.
During this period, the state’s Public School Support Plan (commonly school aid formula) was revised. School aid funding was more closely aligned to “match” student head counts. Legislators, noting weightings for students who received special needs services, likely “inflated” student enrollments.
As student enrollments decline, school districts, given reductions in PSSP funds, must adjust spending, often resulting in school employee layoffs (reductions in force) as well as other economizing, including school facilities adjustments.
Will 2024 school closings result in substantive changes in laws, policies, rules?
Do 2024 school closings provide sufficient sway to warrant significant changes in settled law, policy, and practice governing school reconfigurations?
If the past becomes our guide, “no.”
Leverages.
As we proceed, let us acknowledge the Legislature, state Board of Education and the Governor’s Office enjoy leverage in terms of county board facilities reconfigurations:
- “Notwithstanding any provision of this Code to the contrary” – arguably the most powerful words in Code – coupled with a statutory decree declaring if one aspect of an article or section of law is invalidated by the courts, the “untainted” aspects of the article or section may survive intact.
- The state Board of Education (hereafter State Board or WVBE). Based on 2017 litigation involving school reconfiguration, the state Supreme Court of Appeals ruled county boards of education, if dotting every “I” and crossing every “ “t” as required by State Board rule for facilities reconfiguration (rules often prompted by law), does not or will not confine State Board decision-making to rote approval of county board compliance with WVBE rules. The Supreme Court determined the State Board is vested with “implied” or “inherent” discretion to fulfill its constitutional duty to provide general supervision of the state’s public schools in any or all given circumstances, including circumstances that may contradict provisions of its rules – fiat which may have negative connotations, but an integral aspect of administrative/regulatory authority (806 S.E.2d 136 / WEST VIRGINIA BOARD OF EDUCATION and Steven L. Paine, Ed.D., in his capacity as the State Superintendent of Schools, Respondents Below, Petitioners. BOARD OF EDUCATION OF THE COUNTY OF NICHOLAS, West Virginia. / https://case-law.vlex.com/vid/w-va-bd-of-892019220)
- School Building Authority of West Virginia. Although the Legislature has a significant role with funding, the governor, who appoints SBA members and who chairs the SBA, could ensure school facility doctrine “favors” small or community schools. The SBA, lacking constitutional authority, takes marching orders from the governor as prescribed by law. Moreover, the SBA is subject to Legislative Rule-making review.
Unless or until school funding laws are revised, and/or statutes regarding the SBA, and/or state Board rules changes, county boards may have little choice except to close schools. Period.
This writer could end the blog posting at this juncture.
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Should heightened school achievement be a factor in school closings, especially smaller schools?
Here is what state law says:
“The primary purpose of the school system is to provide instruction for students.” (https://code.wvlegislature.gov/18-5-45/)
The Code is striking in its simplicity.
In isolation, this provision of law does not mention school districts, school district facilities, delivery models for instruction, curricula, or extra-district agencies, all which impact county boards of education and school district schools.
“School system,” rare Code wording, usually denotes the federal local education agency (LEA) or board of education responsible for provision of educational services. Not surprisingly, a succeeding section of federal law addresses LEA “administrative control and direction.”
Moving from the student, the instructor, the classroom, and the LEA, the term “school system,” by implication, has linkage to the state entities cited above and related departments, agencies, or entities of state government. (https://uscode.house.gov/view.xhtml?req=(title:20%20section:7801%20edition:prelim)#:~:text=Local%20educational%20agency-,(A)%20In%20general,elementary%20schools%20or%20secondary%20schools.)
What about public microschools?
- State law provides for “micro-schools,” which are non-public schools. The statutory language states,
(B) “Microschool” means a school initiated by one or more teachers or an entity created to operate a school that charges tuition for the students who enroll and is an alternative to enrolling in a public school, private school, homeschool, or learning pod. (https://code.wvlegislature.gov/?q=18&s=micro-pods.)
Could this model, if amended and as adapted to public schools, ensure” students in public elementary schools stay closer to communities, especially more remote, isolated communities? Could public microschools be staffed by public school instructors with a head teacher/site-based administrator who has school administrative responsibilities? What of enriching learning through virtual means? What of the state’s monumental “Third Grade Success Act” goals, given what may be smaller schools comprised, maybe ideally, students in Grades Pre-K -5? Might there be ‘advantages?’ (https://code.wvlegislature.gov/18-2E-10/) What about tutoring services and wellness and health services? And, while we are at it, what about county boards, in lieu of tuition, receiving money the state sets aside for this purpose, mitigating additional costs to the school district which the closing or merging of the school could at least provide the district initially? What about limiting the number of these public microschools and, to ensure, the county does not lose these students for PSSP purposes, they must remain in the county.
We must also consider special needs students.
There are antecedents: Kanawha County Schools offered education for students who are atypical learners (housed at the University of Charleston). County boards may configure specialized schools such as designated magnet schools.
Thus, the district would see the “regular” PSSP per pupil funding as well as augmented funding, given a diminished number of students.
Again, these are public schools; public students; public school employees and two sources of public funding.
While we are at it, parenting classes, parental introduction to curricula and how to assist with homework could be offered for greater parental support.
Yes. We are talking about public schools. All applicable fire safety rules and health rules apply as well as background checks.
Finally, would public microschools attract retired school instructors within the school community to mentor, assist students and the public microschools? . What about ‘Foster Grandparents’ or related programs or the enrichment Community In Schools provides? What respected community athletic coaches? Moreover, would public microschools appeal to parents whose students are homeschool?
- In the 1990s, the concept of “schools-within-schools” featured various schools, by conventional grade levels, housed in the same facility as other public schools. Not only did these schools share facilities but also allowed teachers to teach in the various schools housed in the facility, based on credentials. This concept, if applied to public microschools, would also enhance the ability for schools to remain close to communities.
- What about school funding and school personnel laws? The Legislature determines any changes in these laws – same with funding.
Parental Involvement as impacted by school consolidations.
If students move a school in their community to another school in or outside the
Anecdotally, we hear parental support wanes if a school is relocated miles away, especially in grades 5 and through secondary grades.
county, is parental involvement impacted?
There must be empirical relating to the question of parental involvement, based on school reconfigurations.
Moreover, if public education policy is enriched by varied input of constituencies, are public officials, public education advocates, schools, classrooms getting such input?
If not, are there consequences?
If families are struggling, a single parent, parents or grandparents are holding two; maybe three jobs, or are underemployed or out-of-work, could the consequence be less focus on educational engagement?
How do policymakers ensure parents, including people on the margins of society or those with overall lesser civic engagement, become invested in students’ schooling?
What if state-level policymakers were to see public microschools nurture support for learning and, if those schools are successful in terms of growth and maximizing academic achievement, could such schools, admittedly “hybrids,” but nevertheless public schools, have lesser fear of students being shifted to larger schools unless matriculating to middle or higher grade level schools?
State-level officials expressed concern about merging elementary schools
In short, as school consolidations became apace circa 1994, state-level policymakers discussed shielding elementary schools for consolidations or closures.
Although schools were losing student enrollments, loss of students has accelerated considerably during the last decade.
The ‘no school has a guarantee of remaining open.’
The rule: Just because a school is operational does not mean it should expect a lifetime guarantee of existence, again, given school reconfigurations.
Moreover, there are other antecedents, including the federal No Child Left Behind Law which said, subject to authority of state laws, parents whose students were considered as attending substandard schools could send students to another public school.
Food for thought: Public Micro-schools
This writer provides the public microschools concept as food for thought.
Education practitioners
When I was conducting research for my Ed.D., I had several meetings with state-level policymakers.
I had extensive conversations with then State Superintendent Dr. Henry R. Marockie.
As last session concluded, Dr. Marockie said, “O’Cull keep writing. We have people who practice education.”