Enrolled Version - Final Version House Bill 2722 History

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H. B. 2722

(By Delegates Morgan, Louisos, Fragale, Dempsey,

Paxton, Hubbard and Canterbury)

[Passed April 13, 2001; in effect from passage.]

AN ACT to amend and reenact section four, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county boards of education; meetings; increasing compensation for board members; authorizing compensation of county board members who serve on administrative councils of multi-county vocational center for attending council meetings; providing that such meetings are not counted under the limit of compensable board meetings per fiscal year; and limiting compensable council meetings.

Be it enacted by the Legislature of West Virginia:
That section four, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.

(a) The board shall meet on the first Monday of July, and upon the dates provided by law for the laying of levies, and at any other times the board fixes upon its records. At any meeting as authorized in this section and in compliance with the provisions of article four of this chapter, the board may employ qualified teachers, or those who will qualify by the time of entering upon their duties, necessary to fill existing or anticipated vacancies for the current or next ensuing school year. At a meeting of the board, on or before the first Monday of May, the superintendent shall furnish in writing to the board a list of those teachers to be considered for transfer and subsequent assignment for the next ensuing school year; all other teachers not listed are considered as reassigned to the positions held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record and the teachers listed shall be notified in writing. The notice shall be delivered in writing, by certified mail, return receipt requested, to the teachers' last-known addresses within ten days following the board meeting, of their having been recommended for transfer and subsequent assignment.
(b) Special meetings may be called by the president or any three members, but no business may be transacted other than that designated in the call.
(c) In addition, a public hearing shall be held concerning the preliminary operating budget for the next fiscal year not less than ten days after the budget has been made available to the public for inspection, and within a reasonable time prior to the submission of the budget to the state board for approval. Reasonable time shall be granted at the hearing to any person who wishes to speak regarding any part of the budget. Notice of the hearing shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code.
(d) A majority of the members constitutes the quorum necessary for the transaction of official business.
(e) Board members may receive compensation at a rate not to exceed one hundred sixty dollars per meeting attended, but they may not receive pay for more than fifty meetings in any one fiscal year: Provided, That board members who serve on an administrative council of a multi-county vocational center may also receive compensation for attending up to twelve meetings of the council at the same rate as for meetings of the board. Meetings of the council are not counted as board meetings for purposes of determining the limit on compensable board meetings.
(f) Members shall also be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses, including all authorized meetings, incurred on official business, at the order of the board.
(g) When, by a majority vote of its members, a county board considers it a matter of public interest, the board may join the West Virginia school board association and the national school board association, and may pay the dues prescribed by the associations and approved by action of the respective county boards. Membership dues and actual traveling expenses of board members for attending meetings of the West Virginia school board association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no allowance may be made except upon sworn itemized statements.
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