In 2003 the West Virginia Legislature amended the law regarding the eligibility standards of county board of education members. The amendment, effective July 1, 2003, authorized the Ethics Commission to render advisory opinions on whether a particular elected or appointed position held or sought would bar a person's service on a county board of education. [ WV Code §18-5-1a]

Board members, members elect, and those desiring to become members may make a written request for such an opinion. Good faith reliance upon a Commission opinion that a particular position is not a bar to board membership is a defense to civil suits or criminal prosecution based on holding such position.

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