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WHEELING -- Ohio County Board of Education members David Croft and Molly Aderholt support Amendment 4 -- a proposed constitutional amendment giving the West Virginia Legislature final authority over policies and actions of the state board of education.
Amendment 4 goes before voters during the Nov. 8 general election. If passed, the measure would require all rules instituted by the state board be sent to the Legislature "for review, approval, amendment, or rejection."
The actions of all other state agencies in West Virginia are required to come before the legislatuare for review, with the State Board of Education being the only exception.
Supporters of Amendment 4 say its passage would just bring the state board in line with the other state agencies.
Croft called Amendment 4 "a distraction to how bad Amendment 2 is."
Amendment 2, the Property Tax Modernization Amendment, is also on the Nov. 8 ballot. If passed, the Legislature would get the right to machinery and equipment used in business activity and tangible inventory directly used in business from personal property taxes. An elimination of vehicle property tax also could be considered under the amendment
On Amendment 4, Croft pointed out that the Legislature is elected to make laws, while the unelected State Board of Education has the role of "construing those laws and filling in the gaps." The nine state board members in West Virginia are appointed by the governor.
"The Legislature is going to control education. They make the laws," he said. "That's why we elect them. To go back and say we don't want the people who are elected to make laws to make laws makes no sense to me.
"Not to mention, it's just oversight like every other state department we have. The State Department of Tax has to run everything through the Legislature. ... It just falls in with what every other department does. And my fear is it gets lumped in with how bad Amendment 2 is."
Croft explained he opposed Amendment 2 "because it is just not in the best interest of education."
"On Amendment 4 ... I am not in favor of any (unelected) nine-member board making law," he continued. "It should go back to those who we elect to make the law."
Aderholt said her thoughts were similar.
"I don't like how both those amendments have been placed together," she explained. "They've been lumped together, but they are extremely different in my mind.
"Under Amendment 4, the state board is still made up of the experts who are still drafting the policy. That policy would just go before the Legislature like it currently does for every other state agency in West Virginia."
Aderholt is an attorney who focuses on real estate issues, she said the West Virginia Real Estate Commission puts together its policy each year which goes to the Legislature for approval. Aderholt said If there is an issue, she contacts local lawmakers with her concerns.
"I feel like we actually have control and input with the people we have elected," she said. "I feel I have more power talking to our Northern Panhandle (legislative) delegation than I do talking to a nine-member board that has been appointed and not elected.
"I feel I can have more pull because our delegation has always been good about sitting down and talking to us."
But other board members oppose both Amendments 2 and 4.
"The way I see it, the Legislature wants to take control of education which -- I can't think of any other word - is crazy," Pete Chacalos said. "If we were to build a nuclear power plant in West Virginia, would we put a bunch of book keepers and pastry chefs in charge of running that power plant. No, you wouldn't.
"You have a group of people in Charleston who have absolutely no idea about education and are trying to take control of the state's schools. That makes education political, and that's something that we can't have."
Grace Norton said she was a "no" on both amendments.
"I don't see there is any benefit to Ohio County Schools by having either one," she said.
Board president Andy Garber said he didn't understand "why the Legislature feels the need to oversee the State Board of Education."
"How are they going to do it? Nothing is actually spelled out in terms of rules, how the state board will be considered by the Legislature ... It's very arbitrary," he said.
There is conjecture the Legislature will stifle input from educators, Garber continued.
"How will educators have input, and how will we be received," he said. "Will the Legislature take course contrary to public pressure on volatile issues? There is no guarantee.
"To me this is the strongest argument against the Legislature controlling the state board - that it will allow politics to have a greater effect on education in West Virginia."
He questioned whether the Legislature has the staffing to fully consider the rules put forth by the State Board of Education.
It's also a matter of local control, and the Ohio County Board of Education wants to continue to make decisions affecting local education, Garber continued.