Chapter 18A, Chapter 18A

The definitions contained in §18-1-1 of this code apply to this chapter. In addition, the following words used in this chapter and in any proceedings pursuant to this chapter have the meanings ascribed to them unless the context clearly indicates a different meaning: (a) "School …

The provisions of any articles or parts of articles, of the Code of West Virginia, 1931, as amended, which are inconsistent with the provisions of this chapter, are hereby repealed to the extent of such inconsistency.

If any provisions of this chapter or the application thereof to any person or circumstances shall be held to be unconstitutional and invalid, such unconstitutionality and invalidity shall not affect any one of the provisions or applications of the chapter which can be given effec…

(a) In this section, "supplemental duty" means a duty other than a duty assigned under an employee's contract that is generally expected to be performed during an educational day and which may be governed by an agreement, other than the employee's contract, between the district a…

(a) The employment of professional personnel shall be made by the board only upon nomination and recommendation of the superintendent, subject to the following: (1) The superintendent shall provide the principal at the school at which the professional educator or paraprofessional…

In case a medical or physical examination of any school board employee or qualified applicant who becomes an employee of the board for any school position is required by a Board of Education or by any administrator, department or agency of government which has authority to requir…

If an employee shall appeal to a circuit court an adverse decision of either a county board of education or of a hearing examiner rendered in a grievance or other proceeding pursuant to provisions of chapters eighteen and eighteen-a of this code and such person shall substantiall…

(a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards in the evaluation of the employment performance of personnel employed by the board. (b) The system adopted by t…

(a) The Legislature makes the following findings: (1) The effective and efficient operation of the public schools depends upon the development of harmonious and cooperative relationships between county boards and school personnel; (2) Each group has a fundamental role to perform …

The following guidelines are optional guidelines that county boards may use when scheduling full-day and half-day cooks: Number of Number of Average Number of Meals Cooks Meals Served Per Cook's Hours Worked 1-90 1 12.00 91-135 1.5 12.00 136-180 2 12.00 181-225 2.5 12.00 226-270 …

A county board shall reimburse any school personnel for each mile traveled when the employee is required to use a personal motor vehicle in the course of employment. The county board shall reimburse at the same rate for all employees in that county. The rate of reimbursement shal…

(a) The legislature finds that recruiting and retaining bus operators, including substitute bus operators, is a substantial challenge for county boards of education. Accordingly, county boards of education are hereby permitted to establish locally funded recruitment and training …

A county board is authorized to employ athletic directors to work in the public schools under the supervision of a school principal and in accordance with the rules of the county board. (a) The athletic director is responsible for planning, management, operation and evaluation of…

(a) Before entering upon their duties, all teachers shall execute a contract with their county boards, which shall state the salary to be paid and shall be in the form prescribed by the state superintendent. Each contract shall be signed by the teacher and by the president and se…

(a) Any teacher who is returning from an approved leave of absence that extended for a period of one year or less shall be reemployed by the county board with the right to be restored to the same assignment of position or duties held prior to the approved leave of absence. Such t…

(a) Notwithstanding any other provision of this code to the contrary, the county superintendent, subject to approval of the county board, may employ prospective teachers and other professional personnel each year who will be placed in positions and begin regular employment in the…

(a) The county superintendent, subject to approval of the county board, may employ and assign substitute teachers to any of the following duties: (1) Fill the temporary absence of any teacher or an unexpired school term made vacant by resignation, death, suspension, or dismissal;…

(a) If a commercial driver’s license is required as a condition of employment for any school employee or qualified applicant who becomes an employee by a county board the cost is paid in full by the county board. A county board may not require any employee or applicant who become…

The board may employ such service personnel, including substitutes, as is deemed necessary for meeting the needs of the county school system: Provided, That the board may not employ a number of such personnel whose minimum monthly salary under §18A-4-8a of this code is specified …

Each county board is authorized to pay, entirely from local funds, $500 or less to any service employee, or to any professional employee who is not a classroom teacher, who gives written notice to the county board on or before March 1 of the school year of his or her retirement f…

After three years of acceptable employment, each service person who enters into a new contract of employment with the board shall be granted continuing contract status. A service person holding continuing contract status with one county shall be granted continuing contract status…

In the assignment of position or duties of a service person under a continuing contract, the board may provide for released time of a service person for any special professional or governmental assignment without jeopardizing the contractual rights of such service or any other ri…

(a) The superintendent, subject only to approval of the board, may assign, transfer, promote, demote or suspend school personnel and recommend their dismissal pursuant to provisions of this chapter. However, an employee shall be notified in writing by the superintendent on or bef…

(a) The state board shall establish and maintain a statewide job bank to assist the recruitment and reemployment of experienced professional, service and extracurricular personnel. The job bank shall consist of the following for each county: (1) A list of the names, qualification…

(a) The Legislature finds that it is not in the best interest of the students particularly in the elementary grades to have multiple teachers for any one grade level or course during the instructional term. Therefore, it is the intent of the Legislature that the filling of positi…

(a)(1) Notwithstanding any other provisions of law, a board may suspend or dismiss any person in its employment at any time for: Immorality, incompetency, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, a finding of abuse by the Depart…

The superintendent at a meeting of the board on or before May 1 of each year shall provide in writing to the board a list of all probationary teachers that he or she recommends to be rehired for the next ensuing school year. The board shall act upon the superintendent's recommend…

(a) Upon the recommendation of the county superintendent of schools, the county board of education shall employ and assign, through written contract, public school principals who shall be the principal instructional leader of the school and shall supervise the management and the …

(a) The Legislature makes the following findings: (1) Processes set forth in this article for the performance evaluation of professional personnel and the induction and professional growth of teachers and leaders are not intended to make up for substandard initial preparation, bu…

The Legislature hereby finds and declares that in order to more fully provide for a thorough and efficient system of free schools within the state it is necessary to establish an educators' professional standards board. The board will be responsible for governing the education pr…

(a) The education of professional educators in the state is under the general direction and control of the state board. The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools. The programs includ…

(a) Any applicant for an initial license issued by the West Virginia Department of Education shall be fingerprinted by the West Virginia State Police in accordance with state board policy in order to determine the applicant’s suitability for licensure. The fingerprints shall be a…

(a) The Legislature finds that: (1) There are instances, especially for the purpose of professional development, where it would be beneficial for persons who are members of the Teachers' Retirement System or the Teachers' Defined Contribution System to be employed by state instit…

The Legislature finds that technology integration specialists are becoming more crucial as technology plays a continuously increasing role in the education of students. In order to address the need for more technology integration specialists, the teacher preparation programs in t…

(a) Training. – Principals who are employed in public schools, appropriate central office personnel, superintendent, and county board of education members shall receive in-person training on the Individuals with Disability Education Act (IDEA), federal regulations and West Virgin…

(a) Purpose. – Sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i of this article create an alternative means for a qualified person to earn a professional teaching certificate. These sections authorize a school or a school district to offer a rigorous alte…

(a) Formation. – One or more schools or school districts, or any combination of these, may form a partnership with one or more institutions of higher education, one or more entities affiliated with an institution of higher education, the West Virginia Department of Education, a r…

(a) Alternative program instruction. -- An alternative program for classroom teachers shall provide, at a minimum, either six credit hours or six staff development hours of instruction in one or more of the following subjects: (1) Early literacy (if an alternative program teacher…

(a) Alternative program rules. ( (1) The state board shall promulgate a legislative rule or rules in accordance with §29A-3B-1 et seq. of this code containing procedures for the approval and operation of alternative teacher education programs as provided in this article. The Stat…

(a) State Board approval. – (1) The State Board shall approve a partnership's application to operate an alternative program for classroom teachers if the State Board determines that the proposed alternative program, in all material respects, complies or will comply with the State…

(a) Alternative program participation. — A person may not participate in an alternative program unless he or she holds an alternative program teacher certificate issue by the state superintendent for the alternative program position in which he or she will be teaching. An alterna…

(a) An alternative program for highly qualified special education teachers are separate from the programs established under sections one-b and one-h of this article and are applicable only to teachers who have at least a bachelor's degree in a program for the preparation of teach…

(a) An additional alternative program to prepare highly qualified special education teachers are separate from the programs established under sections one-b and one-g of this article and are applicable only to persons who hold a bachelor's degree from an accredited institution of…

(a) At the conclusion of an approved alternative program, the approved education provider shall prepare a comprehensive evaluation report on the alternative program teacher's performance. (b) This report shall be submitted directly to the State Superintendent and shall contain a …

(a) Additional alternative programs to prepare teachers established or adopted solely by the State Board of Education are separate from the programs established under §18A-3-1b, §18A-3-1g, and §18A-3-1h of this code, do not required any partner, and are applicable only to persons…

qualifications; certification of aliens. Any professional educator, as defined in article one of this chapter, who is employed within the public school system of the state shall hold a valid teaching certificate licensing him or her to teach in the specializations and grade level…

(a) The provisions of this section govern the performance evaluation of classroom teachers, principals and assistant principals employed in public schools and school systems. To the extent that this section conflicts with the provisions of §18A-2-12 of this code relating to profe…

(a) There is created an educators' professional standards board consisting of nine members appointed by the Governor, with the advice and consent of the Senate. (b) The term of office for each member is three years except that the original term of three members, including not mor…

In accordance with state board rules for the education of professional educators adopted pursuant to §18A-3-1 of this code and subject to the limitations and conditions of that section, the State Superintendent may issue the following certificates valid in the public schools of t…

(a) An individual with an adjunct teaching permit may be hired to fill a vacant teaching position, offer a new program or class, or to supplement a program currently being offered only if no other teacher holding certification in the subject area is available and accepts the posi…