ENROLLED
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:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§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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