PADEN CITY, W.Va. — A circuit judge has stopped Wetzel County School Superintendent Cassie Porter from closing Paden City High School and ordered its immediate reopening.
Judge Richard Wilson issued a temporary restraining order Friday after ruling that Porter illegally closed the school in June when she cited a state code that allows a county superintendent to close a school over health concerns.
The lawsuit was filed by a group of teachers, coaches and other school employees, led by a group called the Paden City Schools Athletic Association.
Wilson said it’s been known that Paden City is a Superfund site, designated by the federal EPA, but there is “no evidence of a health and safety condition detrimental to the students, faculty, or staff of PCHS.”
Wilson said there is evidence, in an EPA statement from June 12, that agency did not order the closure of the school.
“Vapor intrusion data collected at the High School does not indicate any unacceptable risks to the students or staff using the High School,” the EPA said.
According to the judge’s order, the fundamental right of Paden City students to attend school at their local high school and to play sports at their local high would be “harmed irreparably” if the “illegal and unauthorized” closing is allowed to continue.
Porter, speaking to MetroNews shortly after her closure order in June, said being under the recommended level and being free of any contamination were two very different things.
“There’s still a risk, the EPA is saying it’s an acceptable risk, but the school system is not wiling to take any risk when it comes to the health and safety of students,” Porter said at the time.
The state Department of Education of Education put out a statement that week backing Porter’s original decision.
“Looking beyond the EPA’s “acceptable” risk level, the reports indicate multiple environmental condition changes that could alter the current level of risk. Given the unknowns of potential environmental changes and the heightened environmental sensitivity that students in their developmental years face, this course of action is reasonable and fully supported. These risks are unacceptable when there is a readily available solution to keep students and staff safe,” the WVDE statement said.
Wilson ordered the immediate reopening of the school and any equipment removed be returned to the building.
“This Court Orders that all teachers, staff, and faculty be reinstated and direct that any positions that have been vacated because of this illegal closure be filled,” Friday’s order said.
The judge has also ordered the West Virginia Secondary Schools Activities Commission to allow all sports teams and the band at Paden City High School to reform without penalty.
Paden City High School opened in 1951 and has approximately 160 students in grades 7-12.
Wilson has scheduled a full hearing on the case for July 25.
Story by Jeff Jenkins, MetroNews