WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 541

By Senators Maynard and Cline

[Introduced March 8, 2017; Referred
to the Committee on Education]

A BILL to amend and reenact §18A-2-1 of the Code of West Virginia, 1931, as amended, relating to hiring of professional personnel; permitting posting of vacancies; and providing for job applications.

Be it enacted by the Legislature of West Virginia:

That §18A-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-1. Employment in general.

(a) Except as provided in subsection-c, the employment of professional personnel shall be made by the board only upon nomination and recommendation of the superintendent, subject to the following:

(1) The superintendent shall provide the principal at the school at which the professional educator or paraprofessional employee is to be employed an opportunity to interview all qualified applicants and make recommendations to the county superintendent regarding their employment;

(2) The principal may not recommend for employment an individual who is related to him or her as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half- sister;

(3) Nothing shall prohibit the timely employment of persons to perform necessary duties;

(4) In case the board refuses to employ any or all of the persons nominated, the superintendent shall nominate others and submit the same to the board at such time as the board may direct;

(5) All personnel so nominated and recommended for employment and for subsequent assignment shall meet the certification, licensing, training and other eligibility classifications as may be required by provisions of this chapter and by state board rule. In addition to any other information required, the application for any certification or licensing shall include the applicant's Social Security number.

(b) Professional personnel employed as deputy, associate or assistant superintendents by the board in offices, departments or divisions at locations other than a school and who are directly answerable to the superintendent shall serve at the will and pleasure of the superintendent and may be removed by the superintendent upon approval of the board. Such professional personnel shall retain seniority rights only in the area or areas in which they hold valid certification or licensure.

(c) The board may post future vacancies for professional personnel. Job applications may be submitted to the board, the principal and the superintendent. The board may employ professional personnel after due consideration of all applicants. The board shall include in its consideration any nomination by the principal or a recommendation timely submitted to the board.

NOTE: The purpose of this bill is to permit county boards of education to post professional personnel job vacancies and provide for job applications to be submitted and considered in a timely fashion.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.