H. B. 4064
(By Delegates Mezzatesta, Stalnaker, Beach,
Crosier, Tabb, Williams and Michael)
[Introduced January 17, 2004; referred to the
Committee on Education.]
A BILL to amend and reenact §18-4-1 of the code of West Virginia,
1931, as amended, relating to requiring posting of position of
county superintendent prior to appointment; excepting
reappointment and interim appointment.
Be it enacted by the Legislature of West Virginia:
That §18-4-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be appointed by the board
upon a majority vote of the members thereof to serve for a term of
not less than one, nor more than four years. The board may not
appoint a person to the position of county superintendent, except
for the reappointment of a superintendent whose term has expired or
for an interim appointment as provided herein, unless the position has been posted for at least thirty days preceding the appointment.
At the expiration of the term or terms for which he or she shall
have been appointed, each county superintendent shall be eligible
for reappointment for additional terms of not less than one, nor
more than four years: Provided, That at the expiration of his or
her term or terms of service the county superintendent may transfer
to any teaching position in the county for which he or she is
qualified and has seniority, unless dismissed for statutory
reasons. The appointment of the county superintendent shall be
made on or before the first day of June for a term beginning on the
first day of July following the appointment.
(b) A county superintendent who fills a vacancy caused by an
incomplete term shall be appointed to serve until the following
first day of July: Provided, however, That the board may appoint
an interim county superintendent to serve for a period not to
exceed one hundred twenty days from the occurrence of the vacancy.
(c) The president of the county board, immediately upon the
appointment of the county superintendent, or the appointment of an
interim county superintendent, shall certify the appointment to the
state superintendent.
(d) During his or her term of appointment, the county
superintendent shall be a resident of the county, or of a
contiguous county in this state, which he or she serves. The
county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her
term.
NOTE: The purpose of this bill is to require county boards to
post the position of county superintendent for at least 30 days
prior to making the appointment. The posting requirement does not
apply to a reappointment or an interim appointment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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