School Law Bulletin [serial] 17, 4 (Fall 1986)

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Another suit, which involved a local school board's chal- lenge to the rule, was consolidated with the West Virginia case we have been discussing. Refusing to implement the new rule, the local board sought a ruling from the court on whether the state board was authorized to adopt and enforce the new standard. Because West Virginia law gives the county boards of education the authority to control, supervise, and regulate all extracurricular activities in the public schools,^' the local board con
...tended that it had the exclusive right to control extracurricular activities. The court disagreed.
After examining the West Virginia constitution and V statutes, the court found that the state board of education's primary duty was the general supervision of the public schools.^" The state board was responsible for determining the state's educational policies and making rules to carry these policies into effect. In earlier cases this power and authority of the state board had been interpreted broadly and the power of the county boards narrowly construed.


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