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WV Code § 18A-1-3 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 1. General Provisions|§18A-1-3. Constitutionality and Severability

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 effect without the invalid provisions or applications; and to this end the provisions of this chapter are separable. The Legislature hereby declares that it would have passed the remaining parts of this chapter if it had known that such other part or parts thereof would be declared unconstitutional and invalid.
WV Code § 18A-2-1 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-1. Employment in General

(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 employee is to be employed an opportunity to interview all qualified applicants and make recommendations to the county superintendent regarding their employment;(2) The principal may not recommend for employment an individual who is related to him or her as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister;(3) Nothing shall prohibit the timely employment of persons to perform necessary duties;(4) In case the board refuses to employ any or all of the persons nominated, the superintendent shall nominate others and submit the same to the board at such time as the board may direct;(5) All personnel so nominated and recommended for employment and for subsequent assignment shall meet the certification, licensing, training and other eligibility classifications as may be required by provisions of this chapter and by state board rule. In addition to any other information required, the application for any certification or licensing shall include the applicant's Social Security number.(b) Professional personnel employed as deputy, associate or assistant superintendents by the board in offices, departments or divisions at locations other than a school and who are directly answerable to the superintendent shall serve at the will and pleasure of the superintendent and may be removed by the superintendent upon approval of the board. Such professional personnel shall retain seniority rights only in the area or areas in which they hold valid certification or licensure.
WV Code § 18A-2-1a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-1a. Employment of Other Personnel

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 the athletic program for the school or schools to which he or she is assigned.(b) The responsibilities of an athletic director may include, but are not limited to the following:(1) Supervising athletic games;(2) Overseeing the athletic budget;(3) Hiring game officials;(4) Scheduling athletic contests;(5) Knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules;(6) Maintaining proper records as required by West Virginia Secondary Schools Activities Commission (WVSSAC) for school participation;(7) Scheduling transportation for athletic teams;(8) Preparing and verifying athletic eligibility lists;(9) Supervising coaches and, if appropriately certified, observing and evaluating coaches;(10) Securing all needed personnel for basic athletic event operations;(11) Procuring and caring for athletic equipment; and(12) Performing other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
WV Code § 18A-2-2a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-2a. Leaves of Absence for Teachers and Service Personnel

(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 teacher shall retain all seniority, rights and privileges which had accrued at the time of the approved leave of absence, and shall have all rights and privileges generally accorded teachers at the time of the reemployment.(b) An employee shall notify the county board at least ten working days prior to beginning a leave of absence. The county board shall approve such leave of absence for any teacher or service personnel who requests an extended leave of absence without pay for any period of time not exceeding one year for the purpose of pregnancy, childbirth or adoptive or infant bonding. An employee shall not be required to use accumulated annual leave or sick leave prior to taking an extended leave of absence.(c) Such employee who returns from an approved leave of absence for the purpose of pregnancy, childbirth or adoptive or infant bonding which lasted for a period of one year or less than one year shall be reemployed with the right to be restored to the same assignment of position or duties and benefits held prior to the approved leave of absence. Such employee shall retain all rights and privileges generally accorded employees at the time of the reemployment.
WV Code § 18A-2-5a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-5a. Authorizing Payment for Notification of Retirement

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 from employment with the board at the conclusion of the school year.
WV Code § 18A-2-6 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-6. Continuing Contract Status for Service Personnel; Termination

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 with any other county upon completion of one year of acceptable employment if such employment is during the next succeeding school year or immediately following an approved leave of absence which extends no more than one year. The continuing contract of any such employee shall remain in full force and effect except as modified by mutual consent of the school board and the employee, unless and until terminated with written notice, stating cause or causes, to the employee, by a majority vote of the full membership of the board on or before May 1 of the then current year, or by written resignation of the employee on or before that date. The affected employee has the right of a hearing before the board, if requested, before final action is taken by the board upon the termination of such employment.Those employees who have completed three years of acceptable employment as of the effective date of this legislation shall be granted continuing contract status.
WV Code § 18A-2-6a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-6a. Released Time for Service Personnel

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 rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any service person while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law. For the purposes of this section, service person is the singular of service personnel as defined in section one, article one of this chapter.
WV Code § 18A-2-7a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-7a. Statewide Job Bank

(a) The state board shall establish and maintain a statewide job bank to assist the recruitment and reemployment of experienced professional personnel. The job bank shall consist of the following for each county: (1) A list of the names, qualifications, and contact information of all professional personnel who have been terminated because of a reduction in force, except personnel who have requested in writing that they not be listed in the job bank; (2) A list of professional positions for which the county is seeking applicants; and(3) A total compensation statement for each listed position.(b) The job bank shall be accessible electronically to each county and to individuals on a read only basis, except that each county shall have the capability of editing information for the county and shall be responsible for maintaining current information on the county lists.(c) The following terms are defined as follows:(1) “Direct compensation” means base salary and incentives that are provided regularly and consistently.(2) “Indirect compensation” means any noncash benefit provided to an employee, including, but not limited to:(A) Health insurance;(B) Dental insurance;(C) Vision insurance;(D) Life insurance;(E) Disability income protection;(F) Retirement benefits;(G) Employer student loan contributions or other employee assistance programs;(H) Educational benefits;(I) Childcare;(J) Relocation benefits; and(K) Vacation leave, sick leave, and any other form of paid time-off.(3) “Total compensation statement” means a list of direct and indirect compensation provided or offered for a position, including an itemized list of the types of compensation provided or offered and a cumulative total of the value of all compensation provided or offered.
WV Code § 18A-2-8a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-8a. Notice to Probationary Personnel of Rehiring or Nonrehiring; Hearing

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 recommendations at that meeting in accordance with section one of this article. The board at this same meeting shall also act upon the retention of other probationary employees as provided in sections two and five of this article. Any such probationary teacher or other probationary employee who is not rehired by the board at that meeting shall be notified in writing, by certified mail, return receipt requested, to such persons' last known addresses within ten days following said board meeting, of their not having been rehired or not having been recommended for rehiring.Any probationary teacher who receives notice that he or she has not been recommended for rehiring or other probationary employee who has not been reemployed may within ten days after receiving the written notice request a statement of the reasons for not having been rehired and may request a hearing before the board. The hearing shall be held at the next regularly scheduled board of education meeting or a special meeting of the board called within thirty days of the request for hearing. At the hearing, the reasons for the nonrehiring must be shown.
WV Code § 18A-2-10 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-10. Physical Examinations as Condition of Employment

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 require such examination, the cost shall be paid in full by the employer.It shall be unlawful for any Board of Education to require any employee or applicant who becomes an employee of the board to pay the cost of any medical or physical examination as a condition of employment.The provisions of this section shall be effective from January 1, 1975.
WV Code § 18A-2-11 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-11. Employee's Right to Attorney's Fees and Costs

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 substantially prevail, the adverse party or parties shall be liable to such employee, upon final judgment or order, for court costs, and for reasonable attorney's fees, to be set by the court, for representing such employee in all administrative hearings and before the circuit court and the Supreme Court of Appeals, and shall be further liable to such employee for any court reporter's costs incurred during any such administrative hearings or court proceedings: Provided, That in no event shall such attorney's fees be awarded in excess of a total of $1,000 for the administrative hearings and circuit court proceedings nor an additional $1,000 for supreme court proceedings: Provided, however, That the requirements of this section shall not be construed to limit the school employee's right to recover reasonable attorney's fees in a mandamus proceeding brought under section eight, article four, chapter eighteen-a of this code.
WV Code § 18A-2-13 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-13. Recommended Guidelines for Full-Day and Half-Day Cooks

The following guidelines are optional guidelines that county boards may use when scheduling full-day and half-day cooks:Number ofNumber ofAverage Number ofMealsCooksMeals Served PerCook's Hours Worked1-90112.0091-1351.512.00136-180212.00181-2252.512.00226-270312.00271-3153.512.00316-360412.00361-4054.512.00406-450512.00451-4955.512.00496-540612.00541-5856.512.00586-630712.00631-6757.512.00676-720812.00721-7658.512.00766-810912.00811-8559.512.00856-9001012.00A meal prepared for a school lunch shall be established as a whole meal. Other meals shall be equal to three fourths of a school lunch meal.
WV Code § 18A-2-14 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-14. Mileage Reimbursement for School Personnel

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 shall be at least the lesser of, and not more than the greater of, the federal standard mileage rate and the rate authorized by the travel management rule of the Department of Administration.
WV Code § 18A-2-15 (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 2. School Personnel|§18A-2-15. County Option Recruitment and Training Programs for Prospective School Bus Operators

(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 programs for prospective bus operators in accordance with this section. (b) County board funded recruitment and training programs for prospective bus operators are subject to the following:(1) The program is submitted to the West Virginia Department of Education and is approved;(2) The program may only be utilized if the county board is unable to maintain an adequate number of bus operators or substitute bus operators in its pool or is experiencing a shortage in adequately staffing its school transportation system;(3) The program includes requirements for program participants to submit to and pass pursuant to 18A-4-8e(j)(4) of this code, a background check, and submit to and pass pursuant to W. Va. 126CSR92, the West Virginia School Bus Transportation Policy and Procedures Manual (Policy 4336), a drug screen;(4) The program specifies the amount of any stipend to be paid to program participants or any reimbursement of participant costs or other benefit upon successful completion, if any, and any penalties for failure to complete the program, if any;(5) The program specifies any obligation on participants who successfully complete the program to apply or become employed by the county board as a bus operator or substitute bus operator for a period of time, if any, and any penalty for failure to comply with any post program completion requirements, if any;(6) The county board posts bus operator training program position openings on the county board web site and may advertise them in other media, including any appropriate qualifications;(c) A bus operator recruitment and training program approved by the Department of Education must ensure that all of the requirements to become classified as a bus operator are met for successful program completion. (d) Completion of a county board bus operator recruitment and training program does not entitle a participant to employment as a bus operator or substitute bus operator for the county board providing the program. The person may attain regular employment status only upon successful application in accordance with this article for an open bus operator or substitute bus operator position with the county. (e) A person completing a bus operator recruitment training program in accordance with this section does not accrue seniority for time spent in the training program.
WV Code § 18A-3-1a (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 3. Training, Certification, Licensing, Professional Development|§18A-3-1a. Alternative Programs for the Education of Teachers; Purpose; Definitions

(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 alternative program for teacher certification in partnership with an accredited higher education institution, an entity affiliated with an accredited higher education institution, the West Virginia Department of Education or a regional education service agency, all under the supervision of the State Board.(b) Definitions. -- For the purposes of this section and sections one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i of this article, the following terms have the meanings ascribed to them, unless the context in which a term is used clearly requires a different meaning:(1) "Alternative program" means a program for teacher education that is offered as an alternative to the standard college or university programs for the education of teachers;(2) "Alternative program teacher" means a teacher who holds an alternative program teacher certificate and who participates in an alternative program;(3) "Area of critical need and shortage" means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed;(4) "Alternative program teacher certificate" means a temporary teacher certificate that authorizes a person to teach while participating in an alternative program;(5) "Approved alternative program" means an alternative program that is approved by the State Board in accordance with section one-e of this article;(6) "Approved education provider" means a partnership that the State Board has approved to provide an alternative program;(7) "Partnership" means a partnership formed pursuant to section one-b of this article to provide an alternative program;(8) "Partnership agreement" means an agreement adopted by a partnership pursuant to section one-b of this article; and(9) "Professional support team" means the group of persons that an approved education provider has selected to train and supervise alternative program teachers.
WV Code § 18A-3-1c (2021)
2021 West Virginia Code|Chapter 18A. School Personnel|Article 3. Training, Certification, Licensing, Professional Development|§18A-3-1c. Alternative Program Instruction for Classroom Teachers; Methods; Training and Evaluation Phases; Professional Support Team; Tuition

(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 will be teaching elementary school children);(2) Student assessment;(3) Development and learning;(4) Curriculum;(5) Classroom management;(6) Use of educational computers and other technology; and(7) Special education and diversity.(b) Methods of instruction. – An alternative program may provide instruction through nontraditional methods, including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional development and job-embedded mentoring.(c) Professional support team. – If the State Board approves, an alternative program may provide a professional support team whose structure is consistent with the structure that the partnership's participating school or schools use for supporting, supervising, inducting and mentoring a beginning teacher or teacher-in-residence. If the State Board approves, an alternative program's professional support team may be trained by and in coordination with the Center for Professional Development.(d) Professional support team evaluation for classroom teachers. – The professional support team shall submit a written evaluation of the alternative program teacher to the approved education provider. This evaluation shall be submitted on a form specified by the approved education provider and shall be submitted before the first Monday in May on a date set by the approved education provider. The evaluation shall report the alternative program teacher's progress toward meeting the alternative program's academic and performance standards: Provided, That all final decisions on the progress of an alternative program teacher shall rest with the principal.(e) Tuition. – A partnership may not charge tuition, or impose any other charge for participation in an alternative program, unless the tuition or other charge is necessary to offset the partnership's cost of providing the alternative program: Provided, That a partner that is an institution of higher education with an accredited program for the education of professional educators may charge tuition for academic credit that an alternative education teacher receives in the alternative program if:(1) The institution of higher education is the entity that grants the academic credit; and(2) The charge does not exceed the per credit rate charged for students enrolled in its standard program for the education of professional educators.