W. Va. Code R. § 126-126-12

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

Section 126-126-12 - Reserving Vacancies for Individuals Subject to Release

12.1. For any vacancy in an established, existing or newly created position that, on or before March 1 is known to exist for the ensuing school year, the county board of education shall appoint the successful applicant from among all qualified applicants. All employees subject to release shall be considered applicants for the positions for which they are qualified and shall be considered before posting such vacancies for application for nonemployees. This provision shall not preclude a county board of education from posting and filling vacancies that exist in the current school year nor shall it supersede or alter the operation of W. Va. Code § 18A-4-8f or § 18A-4-8i.

12.2. An employee shall be considered subject to release if the superintendent would recommend the individual to the board for release but for the availability of the known position.

12.3. A vacancy for a position that will exist on the first day of the next ensuing school year will be known to exist when the person holding the position has submitted his or her resignation or retirement to the board, in writing, and the resignation or retirement has been accepted by the board.

12.4. Newly created positions will not be considered to be known to exist until the county board has voted to approve their creation.

12.5. For purposes of this section, an individual will be considered to be qualified for a known vacancy if he or she fully meets the qualifications for the vacancy.

12.6. If more than one individual applying for a known vacancy pursuant to this section is qualified for the vacancy, the successful candidate shall be selected based on the criteria set forth in section 6 of this policy.

12.7. This provision shall apply to vacancies and newly created positions known to exist on or before February 15, 2014, and in subsequent school years.

W. Va. Code R. § 126-126-12