W. Va. Code R. § 126-126-5

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

Section 126-126-5 - Roles and Responsibilities

5.1. Among the other roles and responsibilities assigned to the following individuals and entities by operation of statute or West Virginia Board of Education [WVBE] policy, for purposes of this policy, the following individuals and entities shall exercise the roles and responsibilities set forth below.

5.1.a. West Virginia Department of Education [WVDE] - The WVDE shall designate or approve an interview training tool(s) which shall be completed by a faculty senate member and principal prior to his or her participation in an interview. The targeted duration of the training is one hour.

5.1.b. County Board of Education - The county board of education shall make decisions affecting the filling of vacancies in professional positions of employment other than the county superintendent on the basis of the applicant with the highest qualifications as set forth in statute and in this policy.

5.1.c. Superintendent - The superintendent shall receive hiring recommendations for classroom teaching positions from principals and faculty senates and shall nominate and recommend applicants to the county board of education. The superintendent may, at his or her discretion, conduct interviews of applicants for vacancies in addition to any interview conducted by the principal and faculty senate hiring committee, single designee, or faculty senate chair.

5.1.d. Principal - The principal shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such recommendation shall be submitted in writing as prescribed by the superintendent. Additionally, the principal shall receive hiring recommendations from the faculty senate at his or her school as provided in this policy and shall submit those recommendations in writing as prescribed by the superintendent. In the event that a principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate as set forth in this policy due to illness or absence, the assistant principal shall submit hiring recommendations. If there is no assistant principal, the superintendent shall assign a designee to carry out the role of the principal. In the event that a principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate due to a conflict as set forth in W. Va. Code § 18A-2-1(a)(2), the superintendent shall assign a designee from the central office to carry out the role of the principal. Whenever possible, the designee from the central office shall be a coordinator in the same programmatic level as the position to be filled. If it is not possible or practical to designate a coordinator from the same programmatic level, the recommendation of the designee shall not be invalidated or be the basis for objection by any prospective employee or any other person. If a principal or his or her designated replacement does not participate in the hiring process as set forth in this policy for a particular vacancy, the right of the principal to submit recommendations regarding employment is forfeited for that vacancy. However, if a principal or his or her designated replacement does not participate in the hiring process as set forth in this policy, the principal or his or her designee must still receive any hiring recommendation made by the faculty senate and transmit that recommendation to the superintendent. A forfeiture of the principal's right to submit a hiring recommendation shall not be the basis for objection by any prospective employee or any other person.

5.1.e. Faculty Senates - Faculty senates may choose one of the options set forth in this policy as a mechanism by which to make hiring recommendations to the school principal. If a faculty senate does not participate in the hiring process as set forth in this policy for a particular vacancy, the right of the faculty senate to submit recommendations regarding employment is forfeited for that vacancy. A forfeiture of the faculty senate's right to submit a hiring recommendation shall not be the basis for objection by any prospective employee or any other person.

W. Va. Code R. § 126-126-5