In the first two articles of this series, we documented the systemic failures across nine West Virginia counties under state takeover and followed the money trail, revealing reckless spending disconnected from student outcomes. But financial mismanagement is merely a symptom of a deeper disease: the collapse of ethical governance. When school boards operate in secret, prioritize political loyalty over student welfare, and create cultures of fear and retaliation, the entire educational enterprise becomes corrupted. The Special Circumstance Reviews reveal school boards that have fundamentally abandoned their duty to the public they serve.

Tyler County: 53 Executive Sessions and a Culture of Secrecy

In May 2025, a Special Circumstance Review of Tyler County Schools identified significant violations of governance norms and ethical standards. Most notably, the Board conducted executive sessions on 53 occasions over a four-year period.

Executive sessions are a narrowly defined exception to open-meetings requirements, intended to be used sparingly for limited purposes such as specific personnel matters or consultations with legal counsel. State law requires that the purpose of an executive session be publicly announced and justified during an open meeting before the public is excluded.

While executive sessions are permitted under defined circumstances, they occur entirely outside of public view and are not recorded or documented through detailed minutes. As a result, the public has no ability to verify what was said or decided. The frequency and duration of closed-door meetings in Tyler County far exceeded what would reasonably be expected and raised serious concerns about transparency, accountability, and board governance.

Compounding these concerns, board members admitted to disclosing confidential student and parent information in public forums, including names related to disciplinary actions and transfer requests. These disclosures created clear risks of noncompliance with FERPA—the Family Educational Rights and Privacy Act, which governs the privacy of education records—and further undermined public trust in the Board's stewardship.

Beyond the identified legal and privacy violations, the report documented a pervasive climate of fear and retaliation among school staff. Many employees reported being unable to publicly support the superintendent without facing adverse consequences. Interviews with board members demonstrated minimal focus on student outcomes or instructional improvement, with only one member identifying student needs as a primary motivation for service.

Governance practices were further weakened by outdated policy manuals, contract approvals lacking cost transparency, and board actions that routinely undermined administrative processes. These findings reflect not isolated dysfunction, but a governance culture fundamentally misaligned with its responsibilities to students and the public.

Despite, or perhaps because of, this governance breakdown, Tyler County maintains a 94% graduation rate. Yet only 47% of students are proficient in reading, 45% in math, and 36% in science. Students are receiving diplomas without receiving an education.

Mingo County: Campaign Promises Over Children's Futures

The Special Circumstance Review of Mingo County Schools uncovered longstanding governance failures culminating in immediate state intervention. Chronic dysfunction among board members included repeated violations of open meeting laws and decisions made outside of public view, such as the non-renewal of the superintendent's contract without appropriate public discussion. Board meetings were characterized by accusations, conflict, and poor communication, contributing to a breakdown in confidence between district leadership and staff.

One moment captured the essence of Mingo County's governance failure. A board member was quoted saying he would "never vote to close [the elementary school] because it was a campaign promise," even though the building was operating at only 22% capacity. This comment highlighted how personal and political motivations overrode fiscal responsibility and long-term planning.

The review stated: "Certain board members' comments and interview responses revealed their intention to make financial decisions that would result in long-term financial instability. In response to the presentation on the building utilization and cost-per-pupil data for Dingess Elementary School, one board member stated he would never vote to close Dingess Elementary because it was a campaign promise. Dingess Elementary is currently operating with a building utilization rate of 22%, and central office staff and leadership have presented the per-pupil expenditure and utilization data to the board multiple times."

The district was also found in noncompliance with criminal background check procedures, using an unapproved private vendor instead of the state police, as well as employing uncertified staff without board approval.

Citing the cumulative risks to students and staff, the WVBE concluded that immediate intervention was necessary. Mingo County's graduation rate is 96%—among the highest in the state—but only 45% of students read proficiently, 33% are proficient in math, and just 25% in science.

Boone County: Conflict of Interest as Standard Practice

While Boone County's financial crimes were documented in our previous article, the governance failures underlying that fraud deserve emphasis. The review found that a sitting board member operated a private catering business from a school kitchen, storing food and supplies in county facilities without board authorization. This wasn't a minor ethical lapse—it was the use of public property for private profit, enabled by a board culture where conflicts of interest were normalized rather than prohibited.

More broadly, county policies on procurement, P-cards, and the use of public resources were either nonexistent or routinely ignored, leaving the district highly vulnerable to abuse. When a $3.4 million kickback scheme could operate undetected, it revealed not just individual criminality but systemic governance failure.

The board failed in its most basic duty: protecting public resources and ensuring they serve students rather than adult interests.

The Credibility Problem: Can WVDE Investigate Itself?

The West Virginia Department of Education's dual role as both overseer of district reviews and provider of technical assistance to those same districts presents an inherent conflict of interest. When WVDE evaluates districts it has actively supported, the department is effectively assessing the outcomes of its own guidance, compromising the objectivity of the review process.

To restore public confidence and ensure meaningful accountability, audits and evaluations should be conducted by, or subject to independent verification from, nationally recognized organizations with no affiliation to the state's education bureaucracy. West Virginians are entitled to impartial assessments grounded in professional rigor, particularly when the effectiveness of public schools' governance and students' educational outcomes are at stake.

What Governance Should Look Like

School boards exist to serve students and the public, not themselves. Their meetings should be open, their decisions explained, their policies current and enforced. Board members should be able to articulate how every major decision connects to student learning. Staff should feel empowered to speak the truth without fear. Conflicts of interest should be disclosed and avoided, not concealed and exploited.

The governance failures documented in these reviews represent a betrayal of public trust. When boards meet in secret 53 times, refuse to close a 22%-capacity school because of a campaign promise, or allow board members to run private businesses from school kitchens, they have abandoned any pretense of serving the public good.

West Virginia's students deserve boards that operate in the light, make decisions based on evidence, and put children first. Until governance is reformed, no amount of state intervention will produce lasting change.

I spent two decades in the public school system. First as a teacher, then as an administrator and finally, as a regional director at a state education agency. I moved to West Virginia two years ago because I feel school choice is the natural response to the inadequacies of the public school system. Now I work for the Cardinal Institute analyzing the challenges that West Virginia's education system faces. This article is the third of six parts in which I will share that analysis. For the full analysis and supporting citations please click https://cardinalinstitute.com/research/scr-as-diagnostic-for-failure-in-wv-schools/

In our next article, we examine the safety scandal that allowed a registered sex offender to work in schools, left classrooms unsupervised, and put children at risk through background check failures and administrative negligence.