Senate Bill No. 513
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
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[Introduced March 9, 2009; referred to the Committee on
Education; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and
§18A-2-8a of the Code of West Virginia, 1931, as amended; to
amend and reenact §18A-3-1 and §18A-3-2b of said code; and to
amend and reenact §18A-4-7a of said code, all relating to the
hiring, termination, transfer and reassignment of teachers and
school personnel; revising certain dates upon which action
must be taken with respect to the hiring, termination,
resignation or transfer of teachers and school personnel;
providing an incentive payment to professional personnel who
file notice of retirement on or before December 1; repealing
the citizenship requirement for a teaching certificate;
reducing the length of the beginning teacher internship
program under certain circumstances; authorizing county boards
to hire teachers and professional personnel based on certain
weighted criteria; and authorizing county superintendents to reject applicants based on unsatisfactory interview
performances.
Be it enacted by the Legislature of West Virginia:
That §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of
West Virginia, 1931, as amended, be amended and reenacted; that
§18A-3-1 and §18A-3-2b of said code be amended and reenacted; and
that §18A-4-7a of said code be amended and reenacted, all to read
as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract
status; how terminated; dismissal for lack of need;
released time; failure of teacher to perform contract
or violation thereof; written notice bonus for
teachers and professional personnel.
(a) Before entering upon their duties, all teachers shall
execute a contract with their county boards, which shall state the
salary to be paid and shall be in the form prescribed by the state
superintendent. Each contract shall be signed by the teacher and
by the president and secretary of the county board and shall be
filed, together with the certificate of the teacher, by the
secretary of the office of the county board.
(b) A teacher's contract, under this section, shall be for a
term of not less than one nor more than three years, one of which
shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter,
if applicable. If, after three years of such employment, the
teacher who holds a professional certificate, based on at least a
bachelor's degree, has met the qualifications for a bachelor
'
s
degree and the county board enter into a new contract of
employment, it shall be a continuing contract, subject to the
following:
(1) Any teacher holding a valid certificate with less than a
bachelor's degree who is employed in a county beyond the three-year
probationary period shall upon qualifying for the professional
certificate based upon a bachelor's degree, if reemployed, be
granted continuing contract status; and
(2) A teacher holding continuing contract status with one
county shall be granted continuing contract status with any other
county upon completion of one year of acceptable employment if the
employment is during the next succeeding school year or immediately
following an approved leave of absence extending no more than one
year.
(c) The continuing contract of any teacher shall remain in
full force and effect except as modified by mutual consent of the
school board and the teacher, unless and until terminated, subject
to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county board on or before the first Monday of April May 1 of the then
current year, after written notice, served upon the teacher, return
receipt requested, stating cause or causes and an opportunity to be
heard at a meeting of the board prior to the board's action on the
termination issue; or
(B) By written resignation of the teacher on or before that
date May 1, to initiate termination of a continuing contract;
(2) The termination shall take effect at the close of the
school year in which the contract is terminated;
(3) The contract may be terminated at any time by mutual
consent of the school board and the teacher;
(4) This section does not affect the powers of the school
board to suspend or dismiss a principal or teacher pursuant to
section eight of this article;
(5) A continuing contract for any teacher holding a
certificate valid for more than one year and in full force and
effect during the school year 1984-1985 shall remain in full force
and effect;
(6) A continuing contract shall not operate to prevent a
teacher's dismissal based upon the lack of need for the teacher's
services pursuant to the provisions of law relating to the
allocation to teachers and pupil-teacher ratios. The written
notification of teachers being considered for dismissal for lack of
need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which
will require dismissal for lack of need. An employee who was not
provided notice and an opportunity for a hearing pursuant to this
subsection may not be included on the list. In case of dismissal
for lack of need, a dismissed teacher shall be placed upon a
preferred list in the order of their length of service with that
board. No teacher shall be employed by the board until each
qualified teacher upon the preferred list, in order, has been
offered the opportunity for reemployment in a position for which he
or she is qualified, not including a teacher who has accepted a
teaching position elsewhere. The reemployment shall be upon a
teacher's preexisting continuing contract and has the same effect
as though the contract had been suspended during the time the
teacher was not employed.
(d) In the assignment of position or duties of a teacher under
a continuing contract, the board may provide for released time of
a teacher for any special professional or governmental assignment
without jeopardizing the contractual rights of the teacher or any
other rights, privileges or benefits under the provisions of this
chapter. Released time shall be provided for any professional
educator while serving as a member of the Legislature during any
duly constituted session of that body and its interim and statutory
committees and commissions without jeopardizing his or her
contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary
schedule in the following school year under the provisions of this
chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with
the board, unless prevented from doing so by personal illness or
other just cause or unless released from his or her contract by the
board, or who violates any lawful provision of the contract, shall
be disqualified to teach in any other public school in the state
for a period of the next ensuing school year and the State
Department of Education or board may hold all papers and
credentials of the teacher on file for a period of one year for the
violation: Provided, That marriage of a teacher shall not be
considered a failure to fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article
one of this chapter, who desires to resign employment with a county
board or request a leave of absence, the resignation or leave of
absence to become effective on or before July 15 of the same year
and after completion of the employment term, may do so at any time
during the school year by written notification of the resignation
or leave of absence and any notification received by a county board
shall automatically extend the teacher's public employee insurance
coverage until the August 31 of the same year.
(g) Any classroom teacher professional personnel who gives
written notice to the county board on or before February 1 December 1 of the school year of their retirement from employment with the
board at the conclusion of the school year shall be paid $500 from
the early notification of retirement line item established for the
department of education for this purpose, subject to appropriation
by the Legislature. If the appropriations to the department of
education for this purpose are insufficient to compensate all
applicable teachers professional personnel, the department of
education shall request a supplemental appropriation in an amount
sufficient to compensate all such teachers professional personnel.
Additionally, if funds are still insufficient to compensate all
applicable teachers professional personnel, the priority of payment
is for teachers professional personnel who give written notice the
earliest. This payment shall not be counted as part of the final
average salary for the purpose of calculating retirement.
§18A-2-6. Continuing contract status for service personnel;
termination.
After three years of acceptable employment, each service
personnel employee who enters into a new contract of employment
with the board shall be granted continuing contract status:
Provided, That a service personnel employee holding continuing
contract status with one county shall be granted continuing
contract status with any other county upon completion of one year
of acceptable employment if such employment is during the next
succeeding school year or immediately following an approved leave of absence extending no more than one year. The continuing
contract of any such employee shall remain in full force and effect
except as modified by mutual consent of the school board and the
employee, unless and until terminated with written notice, stating
cause or causes, to the employee, by a majority vote of the full
membership of the board before April 1 of the then current year, or
by written resignation of the employee before that date. except
that for the school year one thousand nine hundred eighty-eight--
eighty-nine only, the board shall have until the fourth Monday of
April, one thousand nine hundred eighty-nine, to initiate
termination of a continuing contract The affected employee shall
have the right of a hearing before the board, if requested, before
final action is taken by the board upon the termination of such
employment. Final action by the board shall be taken by May 1 of
the current year.
Those employees who have completed three years of acceptable
employment as of the effective date of this legislation shall be
granted continuing contract status.
§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,
shall have authority to assign, transfer, promote, demote or suspend school personnel and to recommend their dismissal pursuant
to provisions of this chapter. However, an employee shall be
notified in writing by the superintendent on or before the first
Monday in 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 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. Any teacher
or employee who desires to protest such proposed transfer may
request in writing a statement of the reasons for the proposed
transfer. Such 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, the
teacher or employee may make written demand upon the superintendent
for a hearing on the proposed transfer before the county board of
education. The hearing on the proposed transfer shall be held on
or before the first Monday in May April 20. At the hearing, the
reasons for the proposed transfer must be shown. Final action by
the board shall be taken by May 1 of the current year.
(b) The superintendent at a meeting of the board on or before
the first Monday in 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 such meeting
and all those so listed shall be notified in writing, which notice
shall be delivered in writing, by certified mail, return receipt
requested, to such persons' last known addresses within ten days
following said board meeting, of their having been so recommended
for transfer and subsequent assignment and the reasons therefor.
(c) The superintendent's authority to suspend school personnel
shall be temporary only pending a hearing upon charges filed by the
superintendent with the board of education and such period of
suspension shall not exceed thirty days unless extended by order of
the board.
(d) The provisions of this section respecting hearing upon
notice of transfer shall not be applicable in emergency situations
where the school building becomes damaged or destroyed through an
unforeseeable act and which act necessitates a transfer of such
school personnel because of the aforementioned condition of the
building.
§18A-2-8a. Notice to probationary personnel of rehiring or
nonrehiring; hearing.
The superintendent at a meeting of the board on or before the
first Monday in May 1 of each year shall provide in writing to the
board a list of all probationary teachers that he or she recommends
to be rehired for the next ensuing school year. The board shall
act upon the superintendent's recommendations at that meeting in
accordance with section one of this article. The board at this
same meeting shall also act upon the retention of other
probationary employees as provided in sections four and five of
this article. Any such probationary teacher or other probationary
employee who is not rehired by the board at that meeting shall be
notified in writing, by certified mail, return receipt requested,
to such persons' last-known addresses within ten days following
said board meeting, of their not having been rehired or not having
been recommended for rehiring.
Any probationary teacher who receives notice that he or she
has not been recommended for rehiring or other probationary
employee who has not been reemployed may within ten days after
receiving the written notice request a statement of the reasons for
not having been rehired and may request a hearing before the board.
Such hearing shall be held at the next regularly scheduled board of
education meeting or a special meeting of the board called within
thirty days of the request for hearing. At the hearing, the
reasons for the nonrehiring must be shown.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT
.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching certificates.
(a) The education of professional educators in the state is
under the general direction and control of the state board after
consultation with the Secretary of Education and the Arts and the
Chancellor for Higher Education who shall represent the interests
of educator preparation programs within the institutions of higher
education in this state as those institutions are defined in
section two, article one, chapter eighteen-b of this code.
The education of professional educators in the state includes
all programs leading to certification to teach or serve in the
public schools including:
(1) Those programs in all institutions of higher education,
including student teaching as provided in this section;
(2) Beginning teacher internship programs;
(3) The granting of West Virginia certification to persons who
received their preparation to teach outside the boundaries of this
state, except as provided in subsection (b) of this section;
(4) Any alternative preparation programs in this state leading
to certification, including programs established pursuant to the
provisions of section one-a of this article and programs which are
in effect on the effective date of this section; and
(5) Any continuing professional education, professional development and in-service training programs for professional
educators employed in the public schools in the state.
(b) The state board, after consultation with the Secretary of
Education and the Arts and the Chancellor for Higher Education,
shall adopt standards for the education of professional educators
in the state and for awarding certificates valid in the public
schools of this state. The standards shall include, but not be
limited to the following:
(1) A provision for the study of multicultural education. As
used in this section, multicultural education means the study of
the pluralistic nature of American society including its values,
institutions, organizations, groups, status positions and social
roles;
(2) A provision for the study of classroom management
techniques, including methods of effective management of disruptive
behavior which shall include societal factors and their impact on
student behavior; and
(3) Subject to the provisions of section ten of this article,
a teacher from another state shall be awarded a teaching
certificate for a comparable grade level and subject area valid in
the public schools of this state, if he or she:
(A) Holds a valid teaching certificate or a certificate of
eligibility issued by another state;
(B) Has graduated from an educator preparation program at a regionally accredited institution of higher education;
(C) Possesses the minimum of a bachelor's degree; and
(D) Meets all of the requirements of the state for full
certification except employment.
(c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to certification
to teach in the West Virginia public schools, the state board may
enter into an agreement with county boards for the use of the
public schools.
(d) An agreement established pursuant to subsection (c) of
this section shall recognize student teaching as a joint
responsibility of the educator preparation institution and the
cooperating public schools and shall include:
(1) The minimum qualifications for the employment of public
school teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising;
(2) The remuneration to be paid public school teachers by the
state board, in addition to their contractual salaries, for
supervising student teachers;
(3) Minimum standards to guarantee the adequacy of the
facilities and program of the public school selected for student
teaching;
(4) That the student teacher, under the direction and
supervision of the supervising teacher, shall exercise the
authority of a substitute teacher; and
(5) A provision requiring any higher education institution
with an educator preparation program to document that the student
teacher's field-based and clinical experiences include
participation and instruction with multicultural, at-risk and
exceptional children at each programmatic level for which the
student teacher seeks certification.
(e) Beginning in the fall, 2006-2007 academic term, in lieu of
the student teaching experience in a public school setting required
by this section, an institution of higher education may provide an
alternate student teaching experience in a nonpublic school setting
if the institution of higher education:
(1) Complies with the provisions of this section;
(2) Has a state board approved educator preparation program;
and
(3) Enters into an agreement pursuant to subdivisions (f) and
(g) of this section.
(f) At the discretion of the higher education institution, an
agreement for an alternate student teaching experience between an
institution of higher education and a nonpublic school shall
require that either:
(1) The student teacher complete at least one half of the clinical experience in a public school; or
(2) The educator preparation program includes a requirement
that any student performing student teaching in a nonpublic school
complete at least:
(A) Two hundred clock hours of field-based training in a
public school; and
(B) A course, which is a component of the institution's state
board approved educator preparation program, that provides to
prospective teachers information that is equivalent to the teaching
experience needed to demonstrate competence as a prerequisite to
certification to teach in the public schools in West Virginia. The
course shall include instruction on at least the following
elements:
(i) State board policy and provisions of this code governing
public education;
(ii) Requirements for federal and state accountability,
including the mandatory reporting of child abuse;
(iii) Federal and state mandated curriculum and assessment
requirements, including multicultural education, safe schools and
student code of conduct;
(iv) Federal and state regulations for the instruction of
exceptional students as defined by the Individuals with
Disabilities Education Act, 20 U.S.C. §1400, et seq.;
(v) Varied approaches for effective instruction for students who are at-risk;
(g) In addition to the requirements set forth in subsection
(f) of this section, an agreement for an alternate student teaching
experience between an institution of higher education and a
nonpublic school shall:
(1) Require that the higher education institution with an
educator preparation program document that the student teacher's
field-based and clinical experiences include participation and
instruction with multicultural, at-risk and exceptional children at
each programmatic level for which the student teacher seeks
certification; and
(2) Include the minimum qualifications for the employment of
school teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising.
(h) The state superintendent may issue certificates to
graduates of educator preparation programs and alternative educator
preparation programs approved by the state board. The certificates
are issued in accordance with this section and rules adopted by the
state board after consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education.
(1) A certificate to teach may be granted only to any person
who is:
(A) A citizen of the United States, except as provided in
subdivision (2) of this subsection;
(B) (A) Is Of good moral character;
(C) (B) Physically, mentally and emotionally qualified to
perform the duties of a teacher; and
(D) (C) At least eighteen years on or before October 1 of the
year in which his or her certificate is issued.
(2) A permit to teach in the public schools of this state may
be granted to a person who is an exchange teacher from a foreign
country. or an alien person who meets the requirements to teach
(i) In consultation with the Secretary of Education and the
Arts and the Chancellor for Higher Education, institutions of
higher education approved for educator preparation may cooperate
with each other, with the center for professional development and
with one or more county boards to organize and operate centers to
provide selected phases of the educator preparation program. The
phases include, but are not limited to:
(1) Student teaching;
(2) Beginning teacher internship programs;
(3) Instruction in methodology; and
(4) Seminar programs for college students, teachers with
provisional certification, professional support team members and
supervising teachers.
The institutions of higher education, the center for professional development and county boards may by mutual agreement
budget and expend funds to operate the centers through payments to
the appropriate fiscal office of the participating institutions,
the center for professional development and the county boards.
(j) The provisions of this section do not require
discontinuation of an existing student teacher training center or
school which meets the standards of the state board.
(k) All institutions of higher education approved for educator
preparation in the 1962-1963 school year shall continue to hold
that distinction so long as they meet the minimum standards for
educator preparation. Nothing in this section infringes upon the
rights granted to any institution by charter given according to law
previous to the adoption of this code.
(l) Notwithstanding any other provision of this section, nor
any other provision of rule, law or this code to the contrary, an
institution of higher education may enter into an agreement with a
nonpublic school:
(1) For the purposes of this section regarding student
teaching;
(2) For the spring, 2006 academic term only;
(3) If the institution is approved for educator preparation by
the state board; and
(4) If the institution had entered into the agreement for that
academic term prior to the effective date of this section.
(m) As used in this section:
(1) "Nonpublic school" means a private school, parochial
school, church school, school operated by a religious order or
other nonpublic school that elects to:
(A) Comply with the provisions of article twenty-eight,
chapter eighteen of this code;
(B) Participate on a voluntary basis in a state operated or
state sponsored program provided to such schools pursuant to this
section; and
(C) Comply with the provisions of this section
(2) "At-risk" means having the potential for academic failure,
including, but not limited to, the risk of dropping out of school,
involvement in delinquent activity or poverty as indicated by free
or reduced lunch status; and
(3) "Exceptional children" has the meaning ascribed pursuant
to section one, article twenty, chapter eighteen of this code, but
does not include gifted students.
§18A-3-2b. Beginning teacher internships.
(a) Every person to whom a professional teaching certificate
is awarded after January 1, 1992, shall successfully complete a
beginning teacher internship program under the provisions of this
section, except such persons who were awarded a professional
teaching certificate on the basis of at least five years teaching
experience in another state.
The beginning teacher internship program is a school based
program intended to provide appropriate staff development
activities and supervision to beginning teachers to assure their
competency for licensure to teach in the public schools of this
state. The beginning teacher internship program shall consist of
the following components:
(1) A professional support team comprised of the school
principal, who shall be the chair of the professional support team,
a member of the county professional staff development council and
an experienced classroom teacher at the school who teaches the same
or similar subject and grade level as the beginning teacher and who
shall serve as a mentor for the beginning teacher;
(2) An orientation program to be conducted prior to the
beginning of the instructional term, but within the employment
term, supervised by the mentor teacher;
(3) The scheduling of joint planning periods for the mentor
and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the
beginning teacher for at least one hour per week during the first
half of the school year and which may be reduced at the discretion
of the mentor to one hour every two weeks during the second half of
the school year;
(5) Weekly meetings between the mentor and the beginning
teacher at which the mentor and the beginning teacher discuss the performance of the beginning teacher and any needed improvements,
which meetings may be reduced at the discretion of the mentor to
biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to
discuss the performance of the beginning teacher which meetings may
include all mentor members of all professional support teams at the
school if helpful in the judgment of the participants;
(7) In-service professional development programs provided
through the professional development project of the center for
professional development for beginning teachers and for mentors
both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular
duties for the mentor teacher, as agreed to by the principal and
the mentor teacher, and a stipend of at least $600 for the mentor
teacher for duties as a mentor teacher; and
(9) A final evaluation of the performance of the beginning
teacher completed by the principal on a form developed by the State
Board of Education.
(b) The final evaluation form shall be submitted by the
principal to the county school superintendent and shall include one
of the following recommendations:
(1) Full professional status: A recommendation of full
professional status indicates that the beginning teacher has
successfully completed the internship program and in the judgment of the principal has demonstrated competence as a professional
educator;
(2) Continuing internship status: A recommendation of
continuing internship status indicates that in the judgment of the
principal the beginning teacher requires further supervision and
further employment in the district should be conditioned upon
successful completion of an additional year under a beginning
teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue
employment indicates that in the judgment of the principal the
beginning teacher has completed two years one year of employment
under supervision in a beginning teacher internship program, has
not demonstrated competence as a professional educator and will not
benefit from further supervised employment in the district.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-7a. Employment, promotion and transfer of professional
personnel; seniority.
(a) A county board of education shall make decisions affecting
the hiring of professional personnel other than classroom teachers
on the basis of the applicant with the highest qualifications.
(b) The county board shall make decisions affecting the hiring
of new classroom teachers on the basis of the applicant with the
highest qualifications.
(c) In judging qualifications for hiring employees pursuant to subsections (a) and (b) of this section, consideration shall be
given to each of the following the county board shall consider the
criteria listed in this subsection. A county board may, at its
discretion, assign different weights to the criteria. the board
shall consider the following criteria:
(1) Appropriate certification, licensure or both;
(2) Amount of experience relevant to the position; or, in the
case of a classroom teaching position, the amount of teaching
experience in the subject area;
(3) The amount of course work, degree level or both in the
relevant field and degree level generally;
(4) Academic achievement;
(5) Relevant specialized training;
(6) Past performance evaluations conducted pursuant to section
twelve, article two of this chapter; and
(7) Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional
personnel apply for a classroom teaching position and meet the
standards set forth in the job posting, the county board of
education shall make a decision affecting the filling of the
position on the basis of the following criteria:
(1) Appropriate certification, licensure or both;
(2) Total amount of teaching experience;
(3) The existence of teaching experience in the required
certification area;
(4) Degree level in the required certification area;
(5) Specialized training directly related to the performance
of the job as stated in the job description;
(6) Receiving an overall rating of satisfactory in the
previous two evaluations conducted pursuant to section twelve,
article two of this chapter; and
(7) Seniority.
(1) Interview performance. -- Applicants shall participate in
a written and/or oral interview that demonstrates effective
communication skills, professionalism and any criteria listed in
this subsection;
(2) Experience relevant to and understanding of:
(A) 21st Century learning skills;
(B) Standards-based teaching;
(C) Technology integration inside and out of the classroom;
and
(D) Other initiatives adopted by the Department of Education
and/or the county board seeking applicants;
(3) Certification and/or licensure;
(4) Experience relevant to the position;
(5) Course work and/or degree relevant to the position;
(6) Past performance evaluations, including those conducted in an educational setting, in the private sector, and in volunteer
service;
(7) Academic achievement;
(8) Training relevant to the position;
(9) Seniority; and
(10) Any other criteria determined by the county board.
(d) If no applicant for a professional personnel position
meets the standards set forth in the job posting, the county board
may select the successful applicant based upon its evaluation of
the criteria set forth in subsection (c) of this section.
(e) the superintendent or his or her designee may reject any
and all applicants for a professional personnel position based upon
an unsatisfactory interview performance. If all applicants are
rejected, the position shall be reposted.
(e) (f) In filling positions pursuant to subsection (d) of
this section, consideration shall be given to each criterion with
each criterion being given equal weight. If the applicant with the
most seniority is not selected for the position, upon the request
of the applicant a written statement of reasons shall be given to
the applicant with suggestions for improving the applicant's
qualifications.
(f) (g) With the exception of guidance counselors, the
seniority of classroom teachers, as defined in section one, article
one of this chapter shall be determined on the basis of the length of time the employee has been employed as a regular full-time
certified and/or licensed professional educator by the county board
of education and shall be granted in all areas that the employee is
certified, licensed or both.
(g) (h) Upon completion of one hundred thirty-three days of
employment in any one school year, substitute teachers, except
retired teachers and other retired professional educators employed
as substitutes, shall accrue seniority exclusively for the purpose
of applying for employment as a permanent, full-time professional
employee. One hundred thirty-three days or more of said employment
shall be prorated and shall vest as a fraction of the school year
worked by the permanent, full-time teacher.
(h) (i) Guidance counselors and all other professional
employees personnel, as defined in section one, article one of this
chapter, except classroom teachers, shall gain seniority in their
nonteaching area of professional employment on the basis of the
length of time the employee has been employed by the county board
of education in that area: Provided, That if an employee is
certified as a classroom teacher, the employee accrues classroom
teaching seniority for the time that that employee is employed in
another professional area. For the purposes of accruing seniority
under this paragraph, employment as principal, supervisor or
central office administrator, as defined in section one, article
one of this chapter, shall be considered one area of employment.
(i) (j) Employment for a full employment term shall equal one
year of seniority, but no employee may accrue more than one year of
seniority during any given fiscal year. Employment for less than
the full employment term shall be prorated. A random selection
system established by the employees and approved by the board shall
be used to determine the priority if two or more employees
accumulate identical seniority: Provided, That when two or more
principals have accumulated identical seniority, decisions on
reductions in force shall be based on qualifications.
(j) (k) Whenever a county board is required to reduce the
number of professional personnel in its employment, the employee
with the least amount of seniority shall be properly notified and
released from employment pursuant to the provisions of section two,
article two of this chapter. The provisions of this subsection are
subject to the following:
(1) All persons employed in a certification area to be reduced
who are employed under a temporary permit shall be properly
notified and released before a fully certified employee in such a
position is subject to release;
(2) An employee subject to release shall be employed in any
other professional position where the employee is certified and was
previously employed or to any lateral area for which the employee
is certified, licensed or both, if the employee's seniority is
greater than the seniority of any other employee in that area of certification, licensure or both;
(3) If an employee subject to release holds certification,
licensure or both in more than one lateral area and if the
employee's seniority is greater than the seniority of any other
employee in one or more of those areas of certification, licensure
or both, the employee subject to release shall be employed in the
professional position held by the employee with the least seniority
in any of those areas of certification, licensure or both; and
(4) If, prior to August 1 of the year a reduction in force is
approved, the reason for any particular reduction in force no
longer exists as determined by the county board in its sole and
exclusive judgment, the board shall rescind the reduction in force
or transfer and shall notify the released employee in writing of
his or her right to be restored to his or her position of
employment. Within five days of being so notified, the released
employee shall notify the board, in writing, of his or her intent
to resume his or her position of employment or the right to be
restored shall terminate. Notwithstanding any other provision of
this subdivision, if there is another employee on the preferred
recall list with proper certification and higher seniority, that
person shall be placed in the position restored as a result of the
reduction in force being rescinded.
(k) (l) For the purpose of this article, all positions which
meet the definition of classroom teacher as defined in section one, article one of this chapter shall be lateral positions. For all
other professional positions, the county board of education shall
adopt a policy by October 31, 1993, and may modify the policy
thereafter as necessary, which defines which positions shall be
lateral positions. The board shall submit a copy of its policy to
the state board within thirty days of adoption or any modification,
and the state board shall compile a report and submit the report to
the Legislative Oversight Commission on Education Accountability by
December 31, 1993, and by that date in any succeeding year in which
any county board submits a modification of its policy relating to
lateral positions. In adopting the policy, the board shall give
consideration to the rank of each position in terms of title;
nature of responsibilities; salary level; certification, licensure
or both; and days in the period of employment.
(l) (m) After the fifth day prior to the beginning of the
instructional term July 15, no person employed and assigned to a
professional position may transfer to another professional position
in the county during that the next instructional term unless the
person holding that position does not have valid certification.
The provisions of this subsection are subject to the following:
(1) The person may apply for any posted, vacant positions with
the successful applicant assuming the position at the beginning of
the next instructional term;
(2) Professional personnel who have been on an approved leave of absence may fill these vacancies upon their return from the
approved leave of absence; and
(3) The county board, upon recommendation of the
superintendent may fill a position before the next instructional
term when it is determined to be in the best interest of the
students: Provided, That the county superintendent shall notify
the state board of each transfer of a person employed in a
professional position to another professional position after the
fifth day prior to the beginning of the instructional term July 15.
The Legislature finds that it is not in the best interest of the
students particularly in the elementary grades to have multiple
teachers for any one grade level or course during the instructional
term. It is the intent of the Legislature that the filling of
positions through transfers of personnel from one professional
position to another after the fifth day prior to the beginning of
the instructional term July 15 should be kept to a minimum.
(m) (n) All professional personnel whose seniority with the
county board is insufficient to allow their retention by the county
board during a reduction in work force shall be placed upon a
preferred recall list. As to any professional position opening
within the area where they had previously been employed or to any
lateral area for which they have certification, licensure or both,
the employee shall be recalled on the basis of seniority if no
regular, full-time professional personnel, or those returning from leaves of absence with greater seniority, are qualified, apply for
and accept the position.
(n) (o) Before position openings that are known or expected to
extend for twenty consecutive employment days or longer for
professional personnel may be filled by the board, the board shall
be required to notify all qualified professional personnel on the
preferred list and give them an opportunity to apply, but failure
to apply shall not cause the employee to forfeit any right to
recall. The notice shall be sent by certified mail to the last
known address of the employee, and it shall be the duty of each
professional personnel to notify the board of continued
availability annually, of any change in address or of any change in
certification, licensure or both.
(o) (p) Openings in established, existing or newly created
positions shall be processed as follows:
(1) Boards shall be required to post and date notices which
shall be subject to the following:
(A) The notices shall be posted in conspicuous working places
for all professional personnel to observe for at least five working
days;
(B) The notice shall be posted within twenty working days of
the position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of
qualified applicants may apply; and
(E) Job postings may not require criteria which are not
necessary for the successful performance of the job and may not be
written with the intent to favor a specific applicant;
(2) No vacancy shall be filled until after the five-day
minimum posting period;
(3) If one or more applicants meets the qualifications listed
in the job posting, the successful applicant to fill the vacancy
shall be selected by the board within thirty working days of the
end of the posting period;
(4) A position held by a teacher who is certified, licensed or
both, who has been issued a permit for full-time employment and is
working toward certification in the permit area shall not be
subject to posting if the certificate is awarded within five years;
and
(5) Nothing provided herein shall prevent the county board of
education from eliminating a position due to lack of need.
(p) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in
an elementary school does not increase from one school year to the
next, but there exists in that school a need to realign the number of teachers in one or more grade levels, kindergarten through six,
teachers at the school may be reassigned to grade levels for which
they are certified without that position being posted: Provided,
That the employee and the county board of education mutually agree
to the reassignment.
(q) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in
an elementary school needs to be reduced, the reduction shall be
made on the basis of seniority with the least senior classroom
teacher being recommended for transfer; and
(2) When a specified grade level needs to be reduced and the
least senior employee in the school is not in that grade level, the
least senior classroom teacher in the grade level that needs to be
reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school
without that position being posted: Provided, That the employee is
certified, licensed or both and agrees to the reassignment.
(q) Notwithstanding any other provision of this code to the
contrary, a teacher at an elementary school may be reassigned to a
grade level for which he or she is certified whether or not a
vacancy exists: Provided, That the employee and the county board
of education mutually agree to the reassignment. A vacancy that
occurs as a result of a realignment or reassignment shall be posted.
(r) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and shall be liable
to any party prevailing against the board for court costs and
reasonable attorney fees as determined and established by the
court. Further, employees denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactive to the date of the violation and
payable entirely from local funds. Further, the board shall be
liable to any party prevailing against the board for any court
reporter costs including copies of transcripts.
(s) The county board shall compile, update annually on the
July 1 and make available by electronic or other means to all
employees a list of all professional personnel employed by the
county, their areas of certification and their seniority.
NOTE: The purpose of this bill is to update certain provisions
governing the hiring practices of teachers and other public school
personnel; to revise dates for action with respect to hiring,
termination, resignation or transfer of teachers and school
personnel; to reduce the length of the beginning teacher internship
program; and to revise certain hiring and interview processes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.