WEST virginia legislature
2017 regular session
Introduced
House Bill 2738
By Delegates Espinosa, Statler, dean, Blair, Higginbotham, Moore, Wilson, Cooper and Upson
[Introduced February 28,
2017; Referred
to the Committee on Education.]
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; 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; 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; and 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.
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
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 shall state that the person
is being recommended for transfer and subsequent assignment 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) 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.
NOTE: The purpose of this bill is to transfer school personnel; provide flexibility in the employee transfer process; removing April 1 deadline for notifying employee that he or she is being considered for 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; 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; and 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.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.