W. Va. Code R. § 126-126-7

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

Section 126-126-7 - Faculty Senate Recommendation Process

7.1. A faculty senate may establish a process for members to interview or otherwise obtain information regarding applicants for classroom teaching vacancies that will enable the faculty senate to submit recommendations regarding employment to the principal. A faculty senate wishing to submit hiring recommendations to the principal shall utilize one of the processes set forth below. These processes and procedures are designed to be effective and consistent among schools and counties and are designed to avoid litigation or grievance. At the conclusion of each school semester a faculty senate may vote to change its adopted process for the next ensuing semester. Additionally, if a faculty senate desires to make hiring recommendations over the summer break, it may use the process then in place, if any, or it may vote to adopt a different process to be used only during the summer break. Nothing herein shall be construed to require a faculty senate to participate in the recommendation process, however, failure to participate as provided below will cause the right of the faculty senate to make employment recommendations to be forfeited.

7.1.a. Hiring Committee

7.1.a.1. The majority of the faculty senate may elect a committee, including a committee chair, which will be responsible for making hiring recommendations regarding classroom teachers. Committees and chairs shall be elected by the faculty senate according to one of the following models:

7.1.a.1.A. Three individuals, which shall include a chair, elected by the majority of the members of the faculty senate; or

7.1.a.1.B. Not less than seven nor more than eleven individuals, which shall include a chair, elected by a majority of the faculty senate.

7.1.a.1.B.1. When electing the committee members, the faculty senate should give consideration to selecting individuals who represent the spectrum of curriculum and content areas taught at the school, provided that the failure of the faculty senate to select individuals who represent the spectrum of curriculum and content areas at the school shall not invalidate their election or any subsequent recommendation they render.

7.1.a.1.B.2. When utilizing this option, the committee chair shall select three members from the larger committee to form a panel which will make a recommendation for each classroom teacher to be hired. The selection of the three members shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The failure of the committee chair to select three members based on the subject matter to be taught by the new teacher will not invalidate the faculty senate's selection or be the basis for objection by any prospective employee or any other person. The committee chair shall be responsible for ensuring that the hiring recommendation made by the three person panel is delivered to the principal in a timely manner.

7.1.b. Single Designee

7.1.b.1. The majority of the faculty senate may elect a single designee who will be responsible for making hiring recommendations regarding classroom teachers. In choosing the single designee model, the faculty senate shall select one of the following options:

7.1.b.1.A. The single designee shall have the discretion to ask up to two other faculty senate members to assist him or her in reviewing relevant application materials or interviewing applicants at his or her discretion. The selection of assistants by the single designee shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The additional faculty senate members must have completed the WVDE designated or approved interview training prior to assisting the single designee. Failure of the single designee to select additional faculty senate members to assist him or her in rendering a recommendation will not invalidate the designee's recommendation or be the basis for objection by any prospective employee or any other person. The single designee shall be responsible for ensuring that the recommendation is delivered to the principal in a timely manner.

7.1.b.1.B. The single designee shall ask up to two other faculty senate members to assist in reviewing relevant application materials or interviewing applicants at the designee's discretion. The selection of assistants by the single designee shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The additional faculty senate members must have completed the WVDE designated or approved interview training prior to assisting the single designee. Failure of the single designee to select additional faculty senate members to assist him or her in rendering a recommendation shall invalidate the designee's recommendation. The single designee shall be responsible for ensuring that the recommendation is delivered to the principal in a timely manner.

7.2. For purposes of considering and making hiring recommendations, the following rules shall apply to faculty senates:

7.2.a. The principal will notify the chair of the hiring committee or the single designee in writing when the list of candidates meeting the minimum qualifications listed in the job posting for a classroom teaching position is final and will provide the chair of the hiring committee or the single designee with a list of the candidates and relevant application materials. A faculty senate may, but is not required, to adopt a policy permitting the superintendent or his or her designee to narrow the pool of qualified applicants to no fewer than three qualified applicants, unless fewer than three qualified individuals apply, who appear to be the most qualified based on an examination of the factors set forth in W. Va. Code § 18A-4-7a(b)(1) through (9). Within twenty-four hours of such notice, the hiring committee chair or single designee will notify the principal in writing if an interview of candidates is requested. For purposes of this section, electronic mail communications shall satisfy the requirement of providing written notification. Further, for purposes of this section and this policy, interviews shall be permitted to occur in-person or via telephone, teleconference or other virtual means.

7.2.b. A faculty senate hiring committee or single designee may consider and make recommendations after reviewing the application materials provided without participation in an interview. All application materials shall be maintained confidentially by all parties and shall not be disclosed or discussed in any manner with individuals who are not part of the hiring/recommendation process for an individual teacher. All application materials shall be returned to the principal by the hiring committee chair or single designee at the time the recommendation is delivered to the principal.

7.2.c. If a request for an interview is made, then a faculty senate hiring committee or single designee may consider and make recommendations after participating in interviews of candidates for classroom teaching positions, subject to the following:

7.2.c.1. Prior to participating in interviews or otherwise participating in the recommendation process, a faculty senate member must complete interview training as designated or approved by the West Virginia Department of Education. Once a faculty senate member has completed the designated interview training, additional training shall not be required unless the WVDE or superintendent determines that additional training shall occur.

7.2.c.2. The principal will notify the hiring committee members or single designee in writing of the time and place that the interview will be conducted. For purposes of this section, electronic mail communications shall satisfy the requirement of providing written notification. In determining when and where interviews will occur, consideration shall be given to accommodating the time and travel needs of the applicants and the faculty senate members. Interviews shall be scheduled in such a way that faculty senate members can participate while also minimizing classroom disruption to the greatest extent possible. Whenever possible, interviews shall be conducted at the school where the applicant will spend the majority of his or her instructional time. However, the superintendent or his or her designee shall have the authority to conduct interviews at alternate locations if necessary.

7.2.c.3. Interviews of applicants will be conducted jointly with the principal, however, hiring committee members or single designees shall have the authority to deliberate and make their hiring selections separate and apart from the principal.

7.2.c.4. In asking questions during an interview, each applicant shall be asked an identical set of initial questions. The questions to be asked may be determined jointly by the principal and the hiring committee or single designee or, in the alternative, the principal and the hiring committee or single designee may prepare questions independently of one another. Provided, that nothing herein shall prohibit the asking of unique follow-up questions to each applicant based on his or her responses to the uniform set of initial questions. The asking of unique follow-up questions to each applicant based on his or her responses to the uniform set of initial questions will not invalidate the recommendation or selection of the applicant by either the superintendent, principal, hiring committee, single designee, or faculty senate chair and shall not be the basis for objection by any prospective employee or any other person so long as those questions do not violate federal or state employment laws.

7.2.d. A hiring committee chair or a single designee must submit a recommendation to the principal within the following timelines:

7.2.d.1. Where no interview is requested by the hiring committee or single designee, three days after receipt of application materials.

7.2.d.2. Where an interview is requested and conducted, within two days of the completion of interviews for a position.

7.2.d.3. The timelines set forth above may be shortened by the superintendent if necessary to comply with the timelines for filling positions set forth in W. Va. Code § 18A-4-7a. The timelines may also be shortened to meet other hiring needs of the county school system with the approval of the hiring committee chair or single designee.

7.2.e. Nothing in this policy or in statute requires that any applicant be interviewed prior to being recommended or selected to fill a vacancy and nothing requires that every applicant meeting the minimum qualifications of a posting be interviewed prior to being recommended or selected to fill a vacancy. However, the superintendent, principal, hiring committee, or single designee, as applicable, shall each have the authority to interview qualified job applicants at their discretion. A faculty senate may, but is not required, to adopt a policy permitting the superintendent or his or her designee to narrow the pool of qualified applicants to no fewer than three qualified applicants, unless fewer than three qualified individuals apply, who appear to be the most qualified based on an examination of the factors set forth in W. Va. Code § 18A-4-7a(b)(1) through (9).

7.3. Classroom teachers who directly participate in making recommendations for filling classroom teaching positions pursuant to the options set forth in this policy for periods beyond his or her individual contract shall be compensated based on his or her daily rate of pay, prorated to an hourly rate. The principal shall require that the participating teachers keep time sheets documenting the actual time spent on the recommendation process and shall verify that the time sheets are accurate before submitting them for payment. In no event shall a teacher be entitled to payment for more than two hours per position. However, if there are more than four qualified applicants for a single classroom teacher position who are selected for an interview by the hiring committee chair or single designee, the faculty senate members participating in the interviews may be compensated for an additional hour for actual time spent on the interview process for that position.

7.4. For purposes of this policy, an itinerant teacher shall be considered to be assigned to the school where he or she spends the majority of his or her instructional time. If an itinerant teacher does not spend the majority of his or her instructional time in any one school, the itinerant teacher shall be considered to be assigned to a school as designated by the county superintendent.

7.5. The West Virginia Ethics Act prohibits public school employees from participating in any hiring decisions involving relatives or cohabitating sexual partners. "Relatives" are defined as individuals who are related to the employee as father, mother, son, daughter, brother, sister, spouse, grandmother, grandfather, grandchild, mother-in-law, father-in-law, sister-in ­law, brother-in-law, son-in-law or daughter-in-law. If a faculty senate representative must recuse himself or herself for this reason, an alternate member may be appointed by the committee chair or the single designee.

W. Va. Code R. § 126-126-7