W. Va. Code R. § 126-13B-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-13B-9 - Personnel Management

9.1. The county board of education shall employ and assign qualified personnel, evaluating their performance on a regular basis. Employees shall be accorded applicable due process rights.

9.2. Personnel decisions are made without regard to sex, race, color, national origin, age, handicap, religion, or political affiliation. Employment vacancies are announced pursuant to county policy.

a. The county board announces employment vacancies in accordance with state statutes and policy. (§ 18A-4-8 b; §18A-4.15; §2320)

b. The county board implements a policy assuring compliance with nondiscrimination laws. (§ 5-11-1 to 17)

c. Employment applications doe not require information related to sex, race, color, national origin, age, handicap, religion, or political affiliation. (§ 5-11-2; §2320)

9.3. Probationary personnel and personnel on continuing contracts. are evaluated in accordance with state board policy.

a. The county board of education has a written policy regarding employee evaluation. (§2320; §5300; §5310)

b. Probationary personnel are evaluated in accordance with state board policy and a copy of the evaluation is in the employee's personnel file. (§2320; §5310)

c. Personnel on continuing contracts are evaluated in accordance with state board policy and a copy of the evaluation is in the employee's personnel file. (§2320; §5310)

9.4. Applicable due process is accorded to personnel.

a. Employees are accorded their procedural due process rights in matters of transfer, suspension, termination or non-renewal of contract, dismissal or grievance. (§ 18A-2-8 a; § 18A-2-11; §5300; §5301; §2320; § 18-29-1 to 9)

b. Upon proper request, an eligible employee is provided a hearing before.the county board of education. (§ 18A-2-11; § 18-29-4 c; §5301)

9.5. Professional personnel meet the licensure/certific requirements for the positions they hold or for the subjects they teach. Service personnel are qualified for the positions they hold and are properly classified according to the duties they perform.

a. The county hoard has on file for professional educators required certificates, permits, or out-of-field authorizations for the subjects they teach or the positions they hold. (§ 18A-3-1)

b. An individual is assigned the responsibility of providing advice and assistance to professional personnel holding authorizations, permits, or temporary certificates. (§18- 2-6; §5113; §5114; §2320)

c. Each person holding less than a professional certificate has a plan for attaining full certification, on file in the county office. (§ 18A-3-1; §5113)

d. Service personnel meet minimum qualifications for their classification. (§ 18A-4-8)

e. Service personnel are properly classified according to job responsibilities. (§ 18A-4-8)

f. Professional and service personnel meet health requirements for the positions they hold. (§ 16-3-4 a; § 18-4-2; §4334)

9.6. Personnel records are accurately maintained and secured.

a. Personnel records are maintained in a centralized place and are safeguarded against loss or damage. (§2320)

b. Personnel records are accessible only to authorized persons as established by board policy. (§ 29B-1-4; §2320)

9.7. Personnel have written contracts and receive the state minimum salary, plus any county salary supplement and employment benefit for which they are eligible.

a. Contracts of employment for professional educators and service personnel are kept in the employee's personnel file. (§ 18A-2-2; § 18A-2-5; §2320)

b. A written agreement is on file at the county office or the school for county personnel who have been assigned extracurricular duties. (§ 18A-4-16)

c. Teachers who are employed for a period of time more than one half (1/2) of the class periods of the regular school day receive a duty-free daily lunch recess and a planning period of not less than thirty (30) consecutive minutes unless there has been a mutual written agreement to exchange the lunch recess or planning period for any compensation or benefit. (§ 18A-4-14)

d. Service personnel whose employment is for a period of more than three and one-half (3 1/2) hours per day and whose salary is at least the amount indicated in the state minimum pay scale receive a dutyfree lunch recess of not less than thirty (30) consecutive minutes unless there has been a mutual written agreement to exchange the lunch recess for any compensation or benefit. (§ 18A-4-14)

W. Va. Code R. § 126-13B-9