W. Va. Code R. § 126-126-9

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

Section 126-126-9 - Reassignment of Surplus Personnel Without Posting Based on Pupil-Teacher Ratio and Class Size Rules

9.1. When actual student enrollment in a grade level or program, unforeseen before May 1 of the preceding school year, permits the assignment of fewer teachers or service personnel to or within a school under any pupil-teacher ratio, class size or caseload standard established in W. Va. Code § 18-5-18a or any policy of the WVBE, the county superintendent, with board approval, may reassign the surplus personnel to another school or to another grade level or program within the school if needed there to comply with any such pupil-teacher ratio, class size or caseload standard.

9.1.a. Before any reassignment may occur pursuant to this subsection, written notice shall be provided to the employee via certified mail or hand delivery at least 10 days prior and the employee shall be provided an opportunity to appear before the county board to state the reasons for his or her objections, if any, prior to the board voting on the reassignment. The opportunity to be heard shall not be a hearing with the right to present witnesses, rather, it is an opportunity for the employee to concisely state his or her objections to the board. The reassignment may be made without following the notice and hearing provisions of W. Va. Code § 18A-2-7(a) and (b) and may occur at any time during the school year when the conditions in section 9.1 are met. However, reassignments may not occur after the last day of the second school month.

9.1.b. A professional employee reassigned under this subsection shall be the least senior of the surplus professional personnel who holds certification or licensure to perform the duties at the other school or at the grade level or program within the school.

9.1.c. A service employee reassigned under this subsection shall be the least senior of the surplus personnel who holds the same classification or multiclassification needed to perform the duties at the other school or at the grade level or program within the same school. In considering whether an aide is a surplus employee, the county shall consider each classification and/or multiclassification held by him or her and shall not be limited only to the current program or assignment held by the surplus aide.

9.1.d. No school employee's annual contract term, compensation or benefits shall be changed as a result of a reassignment under this subsection.

W. Va. Code R. § 126-126-9