WEST virginia legislature
2017 regular session
Committee Substitute
for
House Bill 2738
By Delegates Espinosa, Statler, dean, Blair, Higginbotham, Moore, Wilson, Cooper and Upson
[Originating in the Committee on Education.]
March 15, 2017
A BILL to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating generally to the transfer of school personnel; providing flexibility in the employee transfer process; removing April 1 deadline for notifying employee that he or she is being considered for transfer; specifying circumstances which must be known or expected for considerations of transfer; requiring employee to be transferred be provided with a statement of the reason for the proposed transfer; removing requirement that employee to be transferred request reason for transfer in writing; requiring hearing on proposed transfer occur within twenty days of receipt of a hearing request; removing May 1 deadline for list of employees considered for transfer to be furnished to board; requiring written notice to employee following board meeting and if approved by the board, stating transfer and reassignment and reasons; requiring transferred employee to report to the new assignment upon the date specified in the notice, but no sooner than ten days following receipt of notice, unless another date can be mutually agreed upon by the superintendent and employee; making all transfers subject to limitations of other provisions respecting special populations and service personnel; removing the reassignment process that can occur when actual student enrollment in a grade level or program is unforeseen on or before May 1 of the preceding school year; and retaining provisions limiting transfers to least senior qualified personnel and prohibiting change in contract term, compensation or benefits as result of reassignment.
Be it enacted by the Legislature of West Virginia:
That §18A-2-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-7. Assignment, transfer, promotion, demotion, suspension and recommendation of dismissal of school personnel by superintendent; preliminary notice of transfer; hearing on the transfer; proof required.
(a) The superintendent,
subject only to approval of the board, may assign, transfer, promote, demote or
suspend school personnel and recommend their dismissal pursuant to provisions
of this chapter. However, an employee shall be notified in writing by the
superintendent on or before April 1 if he or she is being considered for
transfer or to be transferred. Only those employees whose consideration for
transfer or intended transfer is based upon known or expected circumstances
financial, educational or programmatic needs which will require the transfer of employees shall be
considered for transfer or intended for transfer and the notification shall be
limited to only those employees and shall contain a statement of the reason
for the proposed transfer. Any teacher or employee who desires to protest
the proposed transfer may request in writing a statement of the reasons for the
proposed transfer. The statement of reasons shall be delivered to the teacher
or employee within ten days of the receipt of the request. Within ten days
of the receipt of the statement of the reasons notification of
transfer, the teacher or employee may make written demand upon the
superintendent for a hearing on the proposed transfer before the county board.
The hearing on the proposed transfer shall be held on or before May 1 within
twenty days of the receipt of the hearing request. At the hearing, the
reasons for the proposed transfer must be shown.
(b) The superintendent at a meeting of the board on or
before May 1 shall furnish in writing to the board a list of teachers and other
employees to be considered for transfer and subsequent assignment for the next
ensuing school year. An employee who was not provided notice and an opportunity
for a hearing pursuant to subsection (a) of this section may not be included on
the list. All other teachers and employees not so listed shall be considered as
reassigned to the positions or jobs held at the time of this meeting. The list
of those recommended for transfer shall be included in the minute record of the
meeting and all those so listed The
employee shall be notified in writing and which shall be
delivered within ten days following the board meeting, with written receipt
notification documented by the superintendent, and if approved by the board,
shall state that the person is being recommended for transfer and subsequent
assignment transferred and reassigned and the reasons therefore. Upon receipt of the transfer notice the employee shall
report to the new assignment upon the date specified in the notice, but no
sooner than ten days following receipt of notice, unless another date can be
mutually agreed upon by the superintendent and employee.
(c) The superintendent's authority to suspend school personnel shall be temporary only pending a hearing upon charges filed by the superintendent with the county board and the period of suspension may not exceed thirty days unless extended by order of the board.
(d) The provisions of this section respecting hearing upon notice of transfer are not applicable in emergency situations where a school building becomes damaged or destroyed through an unforeseeable act and which act necessitates a transfer of the school personnel because of the aforementioned condition of the building.
(e) All transfers pursuant to this section are subject to the provisions of subsection (b), section seven-b of this article and subsection (m), section eight, article four of this chapter.
(f) A professional employee reassigned under this subsection shall be the least senior of the surplus professional personnel who holds certification or licensure to perform the duties at the other school or at the grade level or program within the school.
(g) A service employee reassigned under this subsection shall be the least senior of the surplus personnel who holds the same classification or multiclassification needed to perform the duties at the other school or at the grade level or program within the same school.
(h) No school employee's annual contract term, compensation or benefits shall be changed as a result of a reassignment under this subsection.
(e) Notwithstanding this
section or any provision of this code, when actual student enrollment in a
grade level or program, unforeseen on or before May 1 of the preceding school
year, permits the assignment of fewer teachers or service personnel to or
within a school under any pupil-teacher ratio, class size or caseload standard
established in section eighteen-a, article five, chapter eighteen of this code
or any policy of the state board, the superintendent, with board approval, may
reassign the surplus personnel to another school or to another grade level or
program within the school if needed there to comply with any such pupil-teacher
ratio, class size or caseload standard.
(1) Before any
reassignment may occur pursuant to this subsection, notice shall be provided to
the employee and the employee shall be provided an opportunity to appear before
the county board to state the reasons for his or her objections, if any, prior
to the board voting on the reassignment.
(2) Except as otherwise
provided in subdivision (1) of this subsection, the reassignment may be made
without following the notice and hearing provisions of this section, and at any
time during the school year when the conditions of this subsection are met: Provided,
That the reassignment may not occur after the last day of the second school
month.
(3) A professional
employee reassigned under this subsection shall be the least senior of the
surplus professional personnel who holds certification or licensure to perform
the duties at the other school or at the grade level or program within the
school.
(4) A service employee
reassigned under this subsection shall be the least senior of the surplus
personnel who holds the same classification or multiclassification needed to
perform the duties at the other school or at the grade level or program within
the same school.
(5) No school employee's annual contract term,
compensation or benefits shall be changed as a result of a reassignment under
this subsection.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.