To view a school board advisory opinion, select a number below. School board advisory opinions for the years 2003 to 2017 will be uploaded to the website once made accessible. In the meantime, contact ethics@wv.gov for a copy. School Board Advisory Opinions by Topic.
2026 SChool board advisory opinions
SBAO 2026-01 - The position of assistant superintendent does not constitute a public office for purposes of W. Va. Code § 18-5-1a(a)(3)(A).
2025 school board advisory opinions
SBAO 2025-01 - The position of county 911 director is not a public office for purposes of W. Va. Code § 18-5-1a(a)(3)(A). Accordingly, a county 911 director may serve on a county board of education.
2024 school board advisory opinions
SBAO 2024-01 - The president of a community and technical college may serve on a county board of education.
SBAO 2024-02 - The positions of deputy sheriff and chief deputy sheriff are public offices for purposes of W. Va. Code § 18-5-1a(a)(3)(A). Accordingly, a deputy sheriff and chief deputy sheriff may not serve on a county board of education while serving as a deputy sheriff or chief deputy sheriff.
SBAO 2024-03 - The position of deputy assessor is a public office for purposes of W. Va. Code § 18-5-1a(a)(3)(A). Accordingly, a deputy assessor may not serve on a county board of education while also serving as a deputy assessor.
SBAO 2024-04 - The position of interim cabinet secretary for a department of the executive branch of state government is a public office for purposes of W. Va. Code § 18-5-1a(a)(3)(A). Accordingly, an interim cabinet secretary may not serve on a county board of education while also serving as an interim cabinet secretary.
2022 school board advisory opinions
SBAO 2022-01 - The Ethics Commission does not have jurisdiction to determine if an unpaid volunteer coach is prohibited employment per W. Va. Code § 18-5-1a(a)(2).
SBAO 2022-02 - A county board of education member may serve on the Public Library Board because there is no compensation for serving on the Public Library Board and the primary scope of public libraries does not relate to public schools.
2017 school board advisory opinions
SBAO 2017-01 - A County Board of Education member may submit an application to the county commission to fill a vacant seat on the commission without first resigning.
2014 school board advisory opinions
SBAO 2014-01 - A County Board of Education Employee may keep her job as Attendance Director/Alternative School Liaison and be a candidate for membership on the same County Board of Education. If elected, the Requester intends to sever her employment with the county school system before newly elected BOE members are seated.
SBAO 2014-02 - A Candidate for County Board of Education may, if elected, work as a teacher for a multi-county Area vocational Center that services his county.
SBAO 2014-03 - A County Board of Education Member-Elect asks whether, if she takes office, she may continue to work as a substitute bus operator in the same county or take a leave of absence.
SBAO 2014-04 - A County Board of Education Member-Elect asks whether, if he takes office, he may keep his job as a police officer for a city police department located in the same county.
2011 school board advisory opinions
SBAO 2011-01 - School Board Candidate may simultaneously serve on Board of Directors of a State Community College and the County Board of Education.
2010 school board advisory opinions
SBAO 2010-01 - School Board Member may not serve on County Board of Health.
2008 school board advisory opinions
SBAO 2008-01 - Candidate for County School Board may continue to serve in an appointed position on a municipal water board.
SBAO 2008-02 - School Board Members may serve as delegates representing their respective counties to the State Democratic Convention.
2006 school board advisory opinions
SBAO 2006-01 - School Board Candidate may serve while employed as a professor at a State University.
SBAO 2006-02 - School Board member may serve while employed by the State Dept. of Education as a teacher at a State Correctional facility in his county of residence.
2005 school board advisory opinions
SBAO 2005-01 - School Board Member may serve as a member of a Community Partnership board for a State University's public health research and training operation.
SBAO 2005-02 - School Board Member may serve on the Board of directors for a local YMCA.
2004 school board advisory opinions
SBAO 2004-01 - A candidate for a County Board of Education may retain his teaching position with the WV Department of Education (WVDOE).
SBAO 2004-02 - VOID Withdrawn by requestor and no opinion issued
SBAO 2004-03 - School Board Member may not serve on the Board of a Public Service District.
SBAO 2004-04 - School Board Member-elect may serve on the board of directors of a non-profit corporation.
SBAO 2004-05 - School Board Member-elect may serve on the boards of the West Virginia Community and Technical Education Council and the West Virginia Workforce Investment Council.
SBAO 2004-06 - School Board Member-elect may serve on a regional Workforce Investment Board and the board of a local WORKFORCE West Virginia Center.
SBAO 2004-07 - School Board Member may serve on the county Economic Development Authority, the Senior Citizen’s Board, and the Governor’s Highway Safety Task Force.
SBAO 2004-08 - School Board Member may serve on a municipal committee.
2003 school board advisory opinions
SBAO 2003-01 - School Board Member may not serve as a Supervisor on a Soil Conservation District Board of Supervisors.
SBAO 2003-02 - School Board Member may not serve on the Board of a County Emergency Ambulance Authority.
SBAO 2003-03 - School Board Member may not serve on the Board of a City-County Transportation Planning Organization.
SBAO 2003-04 - School Board Member may serve on the Board of Directors for a Community Action Organization.
SBAO 2003-05 - School Board Member may serve on a County 4-H Camp Advisory Council.
SBAO 2003-06 - School Board Member may serve as a member of a County Extension Service Committee.
SBAO 2003-07 - School Board Member may serve on a County Economic Development Authority.
SBAO 2003-08 - Filing pre-candidacy papers not a bar from continued service on a County School Board.
SBAO 2003-09 - A person being considered for appointment to a School Board vacancy may continue to serve on the Board of Directors of a private non-profit organization which operates a sheltered workshop for physically and mentally challenged people.
School Board Advisory Opinions by Topic
PROHIBITED OFFICES
SBAO 2003-01 Soil Conservation District
SBAO 2003-02 County Emergency Ambulance Authority
SBAO 2004-03 Public Service District
SBAO 2010-01 County Board of Health
SBAO 2014-04 Police officer for city police department in same county
SBAO 2014-03 Substitute Bus Operator
SBAO 2024-02 Deputy Sheriff
SBAO 2024-03 County Deputy Assessor
SBAO 2024-04 Interim Cabinet Secretary
PERMITTED OFFICES
SBAO 2003-03 City-County Transportation Planning Organization
SBAO 2003-04 Community Action Organization (private, non-profit charity)
SBAO 2005-01 Community Partnership Board
SBAO 2004-05 Community & Technical Education Council
SBAO 2006-02 Correctional Facility Instructor
SBAO 2003-05 County 4-H Camp Advisory Council
SBAO 2003-06 County Extension Service Committee
SBAO 2003-07 and SBAO 2004-07 County Economic Development Authority
SBAO 2004-08 Municipal Committee
SBAO 2003-04; SBAO 2004-04; SBAO 2004-07; SBAO 2005-02 Non-profit Corporation
SBAO 2006-01 Professor at a State University
SBAO 2004-07 Regional Highway Safety Coalition
SBAO 2004-07 Senior Citizen’s Center
SBAO 2003-09 Sheltered Workshop (private, non-profit charity)
SBAO 2004-01 State Department of Education Employee
SBAO 2005-02 YMCA
SBAO 2004-06 Workforce Investment Board
SBAO 2004-05 Workforce Investment Council
SBAO 2004-06 Workforce West Virginia Center
SBAO 2011-01 Board of Directors of a State Community College
SBAO 2014-01 Attendance Director/Alternative School Liaison
SBAO 2014-02 Multi-county Vocational Center Teacher
SBAO 2022-02 County Public Library Board
SBAO 2024-01 Community and Technical College
SBAO 2025-01 911 Director
SBAO 2026-01 Assistant Superintendent
MISCELLANEOUS
SBAO 2003-08 A Board Member filing pre-candidacy papers
SBAO 2008-01 Municipal Water Board Member as Candidate
SBAO 2008-02 Delegate to the State Democratic Party Convention
SBAO 2017-01 A County Commissioner
SBAO 2022-01 Unpaid Volunteer Coach