HUNTINGTON -- Removing swing sets from elementary school playgrounds is still an option, Cabell County Schools Superintendent William A. Smith told Board of Education members Tuesday evening.

That contradicts an announcement from Smith's office last week that the school system was reversing an earlier decision to remove swing sets because state education policy requires the playground equipment at all elementary schools.

But Smith said he has since consulted with attorneys representing the state Department of Education who indicated that policy wording was not intended to mean that swing sets are required on all school playgrounds.

"What they told us was that the intent in Section 205 of the West Virginia Board of Education Policy was not to say every school had to have swings," Smith said. "They will probably correct that wording after all this.

"So, removing the swing sets is still an option that has to be on the table until we come to a conclusion about what to do."

Cabell County Schools officials have considered removing swings from elementary schools because of recent lawsuits and costs associated with meeting national standards for playground safety.

Two lawsuits were filed against the Cabell County Board of Education in December 2009 over playground injuries at Spring Hill Elementary. Both lawsuits were filed by the same parent, Joseph Johnson, but involved different children. Johnson's son broke his arm when he fell out of a swing in April 2006. His daughter fractured her nose when she fell from a set of monkey bars in August 2007.

In both lawsuits, the plaintiff's attorneys argued that the Board of Education failed to meet national playground safety standards because it did not provide an adequate layer of mulch around the equipment to pad the children's falls. The lawsuit involving Johnson's son was settled for $20,000, while the other was settled for $3,000.

Smith said it would require $300,000 to bring all the playgrounds into compliance with recommended playground safety standards devised by the U.S. Consumer Product Safety Commission. That's money that the school district does not have with the upcoming demolition of properties and preparing for new schools.

"This is all the latest news has been," Smith said, "so, I'll let you know that I have a phone conference meeting tomorrow morning with Senator (Evan) Jenkins to discuss some tort reform that might help our schools locally."

Smith referenced the 34 swing sets at schools across the county, acknowledging that by Public Playground Safety Handbook standards set forth by the Consumer Product Safety Commission, only three sets are now in compliance. Following the meeting, Smith indicated that suspending the use of the swings might be an option if the safety standards can't be met quickly.

"What do we need to do to make these safe? That's the bottom issue," said Smith, adding anecdotally that a scar on his forehead was from his own swing mishap as a child.

Smith pointed out his concern over the disappearance of several area public pools that closed after both diving boards and slides were deemed too dangerous and lawsuits starting getting out of hand. The $23,000 given to one family over two separate injuries on playground equipment, he said, was enough motivation to look at removing the problem altogether.

"It doesn't matter whether the public thinks it's outrageous or I think it's outrageous. When you're out of compliance on safety standards you are opening yourself up to a lot of litigation," he said. "It's difficult to talk about, but we have to discuss it and make some decisions in the very near future."

"What do we take out next? Are we going to take out a door if a child gets their hand caught in it?" asked board member Garland Parsons. "You can't childproof everything."

In other business Tuesday, Bob McClain and Sharon Chenault offered a presentation on Cabell County Schools' involvement in the First Tee of West Virginia Foundation, which seeks to provide character education through the game of golf. Five elementary schools -- Highlawn, Southside, Central City, Cox Landing and Village of Barboursville -- will be part of the National School Program pilot project, funded by a $50,000 grant to provide the necessary equipment. The project is set to be implemented during this fall semester.

Communications Director Jedd Flowers also used the meeting to unveil five new commercials set to run on local radio and television stations to educate the public about programs and projects in the school district.

"We have to start communicating with the public so they can know and understand where we're going and what we're about," he said.

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