H. B. 4081
(By Delegates Mezzatesta, Shaver, Swartzmiller,
Wright, Kuhn, Perry and Long)
[Introduced
January 20, 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 a thirty-day posting
of a position as superintendent, excepting when the
appointment is a temporary one or constitutes the
reappointment of a superintendent whose term has expired.
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. 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.
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, 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 an 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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