COMMITTEE SUBSTITUTE
FOR
H. B. 4081
(By Delegates Mezzatesta, Shaver, Swartzmiller,
Wright, Kuhn, Perry and Long)
(Originating in the Committee on Education)
[January 22, 2004]
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 county 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.
Except for the
reappointment of a superintendent whose term has expired or for an
interim appointment as provided herein, the board shall post the superintendent's position 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.
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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