Court orders Paden City High School be reopened
Judge C. Richard Wilson ordered Wednesday, July 31, that PCHS be reopened. Wilson went further, barring superintendent Porter from re-closing the school
NEW MARTINSVILLE, W.Va. – Judge C. Richard Wilson ordered Paden City High School remain open, prohibiting county superintendent Cassandra Porter from closing or continuing to close the school. This comes after a six and a half hour preliminary hearing where Porter’s lawyers introduced evidence alleging levels of benzene above the U.S. EPA safety levels.
Students will now be able to attend classes beginning in August, a decision likely to cause some chaos for Wetzel County Schools who, during the 2023 school year, has struggled to recruit enough staff, per Porter’s report.
Porter closed Paden City High School on June 12, 2024, citing the school’s location atop an EPA Superfund site. One month later, over two dozen parents, students, coaches, and teachers filed suit against the closure. The petitioners were represented by Wheeling attorney and West Virginia Attorney General Democratic candidate Terisa Toriseva.
Judge Wilson granted an injunction to the closure, allowing students associated with sports and the band to attend practices. On July 25, a preliminary hearing was held at the Wetzel County Courthouse. Petitioners argued Porter did not have grounds to close the school, while the Respondents, including Porter and the WVSSAC, argued new test results showed a dangerous situation in the school.
In his opinion, Judge Wilson said “no governmental organization, either state or federal, ordered or recommended that PCHS be closed.” The EPA released a statement on June 13 stating their agency did not recommended the closure. In April, the State Board of Education instructed Superintendent Porter to make a decision concerning PCHS, but also did not recommend its closure.
Judge Wilson also addressed environmental claims about the school. Regarding the Superfund site and the presence of Perchloroethylene, known as PCE, the judge said he had not received evidence that it created a risk to the “health, safety, or welfare of the pupils at PCHS.” Regarding the claim about benzene, Judge Wilson again said no evidence showed levels of the known carcinogen were at a level detrimental to the safety of students or staff. As well, the judge stated benzene can be remediated through carbon activated air filters.
Porter, under W.Va. Code §18-4-10(5), has the authority to close a school if conditions “are detrimental to the health, safety or welfare of the pupils.” Judge Wilson’s decision argues that standard was not met. Effectively, his decision compels Porter, acting as a government agent, to act in a certain way.
The decision further instructs the school to reopen “as if it never closed.” Staff positions were ordered reinstated and all things removed the school were ordered returned.
Students and staff of Paden City High School testified that the school’s closure caused irreparable harm to the community. City Councilor and PCHS teacher William Bell said the closure likely worsened students adverse childhood experience school, potentially increasing rates of mental health issues. Several parents testified stating their children would choose homeschooling over attending Magnolia High School, the school PCHS students were set to merge with.
For a full report on the preliminary hearing and to see photos from inside the courtroom, visit this story.
I wonder if the school board is going to rethink Porter's employment.