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(Continuing the Hinton Daily News & The Weekend Leader)
of the W. Va. Water Festival
Volume 89 No. 23
Hinton, West Virginia Tuesday Oct. 2, 1990
25 Cents
By Fred Long
Assistant School Superintendent
Richie Redes, head of special educa-
tion for the Summers County school
system, and Bill Ball, Special Edu-
cation Director, will be meetingtoday
in Charleston, informally, with State
Department of Education personnel
in an effort to reduce a $100,000
payback in special ed funding, but if
they are unsuccessful the school
Board, Thuredaynight, voted against
continuing the matter with a formal
hearing next week before State
Superintendent of Schools Dr. Hank
Marockie.
The school system doesn't "stand
a chance" by taking its argument
before Marockie, Board President
Bill Dillon said Thursday night. "I
don't think that we stand a chance.
We are going to pay an attorney a
huge amount of money and Marockie
is going to hear it and decide on it.
We don't stand a chance."
Thursday morning Redes con-
firmed a hearing date before Ma-
rookie on Oct. 9 at 9:30 along with an
informal meeting that is being held
today with Nancy Thabet, head of
State Special Educatian. School
Superintendent Jim Tasam had
asked the school Board to permit
them to use Hinton attorney David
Ziegler when they defend themself
in an effort to justify the county
special ed enrollment count.
But Dillon said all he wanted was
for Redes and Ball to meet with
them in Charleston today and try to
get =any reductions in the amount
that is owed by Summers County. If
that comeeaboutfine. If that doesn't
come about fine."
Last November, at the request of
the Secretary of State's office special
inveetigator Damon Slone, the State
Department of Education begain an
investigation of the county school
system "to verify information that
would prove or disprove alleged
school law violations." According to
a report issued by the Dept., August
27, the school system Kfalsely re-
ported" the number of students in
special ed over a five year period,
1985-1990, resulting ~in an overpay-
ment of state and federal" money
totaling $96,794.97 (State-
$91,041.97 / Federal- $5,753). The
State Dept. gave the school system
30 days from the date of the report to
"request a hearing...prior to the ini-
tiation of enforcement actions."
Under the state school-aid for-
mula special ed students are counted
three times for funding purpose
because it is more costly to educate
these students than other students
enrolled in public schools.
Both Ball and Redes said Friday
afternoon they were %urprissd"
when the school Board, by a 3-2 vote,
decided to nullify their opportunity
for a hearing before Dr. Marockie.
"I wouldn't have been so adamant
about setting the hearing after our
meeting," Redes said, "ifI had known
-we weren't going to do it. Some
people thought I knew they were
going to cancel the hearing. IfI had
known that. I wouldn't have hustled
around all day trying to set the
hearing so we could fret sit down
with them and discuesit. I'm notin
any way contradicting what they
did. I'm not saying they are wrong,
but I was suprised after all the work
we have put into this."
..... It has always been customary;
Ball said, "that we sit down with
them and present our side. We have
never had that chance." Although
Ball said Thursday night at the
Board meeting, when asked by
School Superintendent Jim Tassm,
that he did not have high hopes of
changing the figures in the final
.~. repro% Friday he said, "I have to
assume that the people will be fair
with us whether we have a hearing
or not. It shouldn't make any differ-
I! ill -
ence."
Basil R. Legg, Jr, Director of Legal
Services for the State Dept., said
yesterday that he was not aware
that the hearing had been cancel,
although'I have heard that rumor."
Legg said the hearing "was not for
the purpose to determine any blame
or to see if anything is wrong. This
was not a hearing to prosecute them.
I think that is where we had a mis-
understanding. All they have to do
is pay the money back.~
The meeting today, Legg said, ~is
just to sit down with them and hope-
fully a consensus will he reached on
the dollar amount owed back to the
state, the amount that will be reim-
bursed. The crunch of the meeting
will be to certify each individual case.
Th at i s all we are looking for. We are
confident that our number is correct
and hopefully they will sign off on
that."
"I can't say that our meeting is
going to help us at all," Redes said
Friday. "But I can say it won't hurt
US."
Redes and Ball will be trying to
convince Thabet, and others in the
state special ed office, that between
1985-88 several county special ed
students claimed ineligible because,
Rodee said, "they were not techni-
cally in the program" should he
counted. ~It was acceptable practice
at that time to count the child if the
child was in process of being placed
in the program before the report was
sent in. Since that time we have had
a change in administration," Redes
said.
According to Redes a report is
filed with the State Dept. every year
denoting the total number of excep-
tional students; handicapped, hear-
ing or speech impaired, or gifted,
that is enrolled in the program "at
the end of the second month of
school." The report is generally due
in Charleston within the first 10
days of the third month. "For ex-
ample," Rodes said, "this year the
second months ofschool ends Oct. 23
and the report is based on the num-
ber of students enrolled at that time.
The report is due in Charleston on
Nov. 1."
Legg said if that is the argument
the school officials are going to use
the children "would not be cotXhted.
You have to draw a line somewhere."
I~gg said if a child happened to be
sick on the last day of the second
month and would have been in class
except for that reason "I'll count that
because that's unforeseen and they
have no controll over that."
According to Redes I0 to 15 chil-
dren listedin the reports were placed
in the program between the end of
the second month and the date the
report was turned in. "We feel we
can show that that was acceptable
practice at that time," he said.
~Everybody in the Central Office
knew that we counted these chil-
dren that were in process of being
enrolled in special ed classes. At
that ~ it was the accepted prac-
tice all over the state.~
Ball agreed. "I have talked to two
former employees with the state
special ed department and both of
them have told me that at that time
it was accepted and they indicated to
me that they thought it happened in
all 55 counties."
But Legg said he didn't care if it
was "accepted practice" at one time.
"A child has to be enrolled in special
ed to be counted. That's required
under federal regulations. The rules
are clear and everybody knows that."
Redes said they have an affidavit
from one of them supporting that
a~gument, but emphasized that it
may not wash. *We may not be able
to get them to change anything."
And when asked what will happen
now that the school Board has re-
fused to cooperate with the State
Dept. and meet for the hearing, Redes
said. *Without the hearing what
ever comes out of this is going to be
it! But if we come back and we feel
we have made some progress and
that a hearing would be beneficial to
us I'm going to voice it. It may not be
that way, but at least we are going to
get our chance to show our side of it."
Rodee also said if they did have a
hearing they will need an attorney.
"Yes sir!" He said, ~ecauze they will
be represented with an attorney.~
For the past five months school
administrators have been meeting
and ~trying to get all of our facts
together,~ Tassos said, for an ap-
pearance before the State Dept. and
school attorney David Ziegler "has
been working very closely with us."
Tassos asked the Board for permis-
sion to use his services at the hear-
ing.
Redes explained that his meeting
with the state special education of-
rice and its director was in order for
them "to give our reason why th~
children were placed. We have not
been able to do that, in fact, we really
didn't know (why they were counted
against them) until a few weeks ago."
Rodes explained that they would
not need any legal assistance for
that meeting "but if we go to the
hearing we will need some legal
counsel. If it goes that far."
~'he thing that bothers me,"
Board member Dr. Bill Mathews
said, "is here we have permission to
use legal counsel for a state hearing
and the fact that we're having a
state hearing hasn't even been
brought up to the Board. We haven't
even voted to have a hearing and
here we are getting ready to send a
lawyer down there.~
Mathews said he believed Ball
and Rodes should go to Charleston
~but I think we ought to do away
with this hearing to allow the State
Board to realize that we don't want
to make an issue of this" and said "I
would like to make a motion" to
cancel the hearing.
John Lilly question what if they
go down and nothing changes "where
do we go from thereT'
'We will face that situation when
we come to it," Mathews told him. ~I
don't want tomake these people mad.
The State Board of Education, we
may have to depend on these people.
We may need them later on."
But Rodee told them "we can't
guarantee you that we can convince
them that we are right."
Mathews said they would ~nave a
better chance" than a lawyer.
investigation and all the publicity,
would "admit that they are wrong?
Do you think an attorney is going to
change there mindeT'
Tassos told him every adminis-
trator felt they wouldn't "get any-
thing from the State Dept. but you
have to prepare your case because I
think we can win in court.~
Nesly said the school system is
spending too much in attorney fees
and people are complaining. "If they
go down and present there case and
they got facts. We could eliminate a
law suit. If they can't and they come
back and tell us there is no hope,
then we can decide to retain a law-
yer.~
"If we don't support these people
and fight this thing," said Tassos,
his voice rising, "what we are saying
is let's juet paythe $100,000 and get
it over with. I'm not in favor of
paying $100,000 when I don't think
rm wrong."
But Dillon said it would cost $300
or $400 for an attorney and they
didn't have a chance going up against
Hank Marockie. Dillon said Ma-
rockie will serve as the Hearing
Officer and hear the evidence from
his side and the county's side. Ma-
rcckie will prepare a written report
and submit it to the State Superin-
tendent, himself, and then he will
make a final decision.
"I asked Tassos if we had a chance
of winning," Dillon said, "He said. 'I
don't think we stand a chance.' I
don't think we do either. I don't
believe, ifwe go down there, that we
stand a chance.~
*We are preparing a case," Tassos
told him. "There will be a court
report there."
"Acase for the Circuit Court, the
State Supreme CourtT" Dillon asked.
"Well that has to have Board ap-
proval and I'm like Dr. Mathews. I
would like to see Mr. Ball and Mr.
Rodee go down and anything that
comes out of that meeting, any re-
ductions in the amount that's owed
by Summers County. If that comes
aboutfine. If that doesn't come about
fine. I believe we arebittingoffmore
than we can chew. You made the
statement that we didn't stand a
By Fred Long
A county school teacher that said
the School Board members remind
her of the Hatfield and McCoy feud,
Thursday night, addressed the
County Board and asked if she would
have to appear before them
everytime she makes a rule.
"Is every ruling that I make, when
I try to discipline a kid, is it going to
be questioned and put before this
group?~ Hinten High School Band
Director Becky Green asked.
Green was questioning the
Board's action at its last meeting
when it ruled that a student could
meet at the football field on game
night and perform in the band.
"All we did," Board President Bill
Dillon told her, "was try to solve a
problem and yet retain the child in
the bandy
~The kids not even signed up for
band!" She answered back.
Green said when she came to the
Hinton High School three months
ago she found "approximately
$34,000 worth of damage had been
done to the instruments" by, what
she said it looked like they were "run
.over by a car." Several were miss-
rag. "I just want to go on record that
I haven't lest anything. Itjustblows
my mind to see that this much
damage has been done in just one
place ."
Green said in the several years
that she has been.employed as a
teacher "I have worked in four states
and another cotm~vy and I have never
had to go before a Board before. This
is the first place. It usually stops at
the principal. The principal agreed
with me, she rapported me, the
Superintendent supports me. Some
how or other I feel like I have walked
into some kind of a feud. This place
reminds me of the Hatfields and
McCoyL"
"There is so much tension," she
"This Board has a responsibility continued. "I don'tknowifitisin the
to go all the way with this," Tassus school or here or where it is. People
said objecting toMathews request, tell me. CWatch your back.' Why
"just as I have gone all the wa~ with should I have to watch my back? I
Mr. Ball and Mr. Rodes. I pledged have never been past the principal
my support to them. If them were before. Usually the principal has
mistakes made they were human the authority over the control ofthe
error. I think the Board has a re- school. It's different here.w
sponsibility to allow us to go down Green eaidaRar the Board issued
there because if we say right now its ruling she tried tocontact Dillon
that we don't want this hearing we toaskhim aboutit'andyou wereout
are going to weaken our cam with of town, well..."
the State Dept." Dillon cut her off and asked.
Charles Neely asked if Tasace "Where did I toll you I was out of
thought the State Dept., after the town?"
She said when she called some-
one at his house told her that. She
went on to say that the following
Monday she called him again "and
the second question you asked me
was did Mr. Tassos encourage me to
do this?
Dillon wanted to know if School
Superintendent Jim Tassos or Hin-
ton High School Principal Lynn
Crowder was around when she made
that phone call.
She told him "no" but she did talk
to Tassos about the Board's ruling.
By Fred Long
"Jay Rockefeller is the most influ-
ential health person in the nation,"
said Dr. Tom Stein, ofMorefield WV,
President of the WV Psychological
Association, prior to its 40th anni-
versary dinner at Pipeetem State
Park, Friday night.
That night, before 165 members
of the state association, U. S. Sen.
Jay Rockefeller was honored with
the creation of the John D.
Rockefeller IV Lecture Series on
Mental Health Care. Beginning next
year, two annual lectures will be
delivered in WV by high-profile
mental health care professionals,
with videotapes of the lectures made
available to senior citizens and
health care providers.
Before a standing ovation
Rockefeller accepted a certificate ~in
recognition of his outstanding con-
tributions to improving mental
By Fred Long
Oliver Luck, candidate for the U.
S. House of Representatives, 2nd
Congressional District, brought his
campaign to Hinton yesterday with
a town meeting to address the issues
and meet the people.
"We need to do better," Luck told
the gathering of people at the Memo-
rial Building y~terday afternoon.
"West Virginia has the 3rd most
economy dependent on foreign mar-
kets. If we can't export our products
chance."
~l~hat was just my opiniont" Ta~
sos cried. "I hate to see that come out
in the paper. The people in Char-
leeton, they read that paper and
when they see that we have said we
don't stand a chance, that's not good."
q don't understand why we want
to spend money if we don't stand a
chance?" Neely asked.
"I tell you exactly whyl~ Tmmol
exclaimed. "It doesn't make any
difference what you have to elmnd.
If you know deep in your heart that
you are right you have no alterrm-
tive but to fight it. There were 22
teachers and 8 schcolsinvolved. Now
we are not sitting up here picking
out people and trying to put the
blame on anyone. I'm saying there
were honest mistakes. There were
22 teachers and 8 schools and the
Special Education Director (Bill Ball),
and the man in charge of Special
Education (Richie Redes) and the
Board owes it to everyone of them
people to fight it all the way."
Continued on page 4;
"To be quite frank with you."
Dillon told her. "I felt like you got
belligerent over the phone."
She laughed and said'I got angry
after you asked me if Mr. Tassm
encouraged me to do this. That...."
Dilloninterruptedheragain..'Mr.
Tasses was upset the way the Board
had voted."
~rhat difference did it makeT'
She asked. "He is my Superinten-
dent."
"And we are his superiors," Dillon
answered back.
Continued on page 5
health care for all American#' from
Bryant Welch, of North Carolina, a
member of National l ychdogiad
Association. '~I hope election night,"
he said, "when the results come over
the TV that it sends a m~m~ t~
every nick and cranny in the Nation
that something very special is hap-
pening in WV and that is Jay
Rockefeller. He is the country's
greatest hope for health ears.~
Rockefeller told the group that he
considered himsslfa'new-comer*ia
the health field and that hie efforts
to expand Medicare to cover lmy-
chologist services '~;aught me about
discrimination."
"I don't undemtand why a Nati~
with our resources can not provide
prenatal care~ for the poor and unin-
sured. "Korea, Singapore, Slxdn,
Portugal, everybody does it that ie
Continued on page 10
we are going to contintm to
our children. We are clo~ to Wuh-
ington D. C. and we are d, md last in
receiving federal contracts. It i~ m
important for m~tall businem tol~wn
how to work with the federal govern.
merit."
Luck said he will put Imople to
work in his district that will provide
small btmineuwith ~e information
"to get thou fe¢l~ltl t~t~ and
how to "opon up foreign mm4mte?
Continued on page 10