Nicholas school board to sue over consolidation plan denial

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Nicholas school board to sue over consolidation plan denial
By Ryan Quinn, Charleston Gazette-Mail

Nicholas County’s school board voted Wednesday night to sue to attempt to reverse the West Virginia Board of Education’s denial of its school consolidation plan.

No one was heard voting no in Wednesday’s voice vote for legal action, which came after the Nicholas board emerged from a more-than-two-hour closed session.

Rebecca Tinder, an attorney representing the Nicholas board, said the state board will likely be a defendant in the lawsuit. She expects to file the lawsuit and hopefully get a decision before a June 25 Federal Emergency Management Agency funding deadline that may or may not be extended.

“Item 2 on our agenda is to discuss pending litigation and possible future litigation regarding school closure/reconfiguration and the CEFP [comprehensive educational facilities plan] amendment and possible action,” Nicholas board President Gus Penix said before requesting, and receiving, from his fellow board members a vote to enter closed session.

“As Dr. [Steve] Paine, our state superintendent mentioned in the meeting, he said this board crossed every T, dotted every I ... I think the state board was wrong in their decision not to approve our CEFP amendment and I would recommend this board take action,” said Nicholas board member A.J. Rogers, who’s also executive director of the West Virginia Association of School Administrators, in making the motion to contest the denial of the CEFP.

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