§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.
Notes of Decisions
Cahill v. Mercer Cnty. Bd. of Educ., 539 S.E.2d 437 (W. Va. 2000).
· cites it 2× “W.Va.Code § 18A-2-1 (1997). 7 . The rereview involved an initial review of resumes followed by extensive interviews of each applicant.”
Wilt v. Flanigan, 294 S.E.2d 189 (W. Va. 1982).
· cites it 3× “W.Va.Code § 18A-2-1 [1969], provides: The employment of professional personnel shall be made by the board only upon nomination and recommendation of the superintendent.”
Bonnell v. Carr, 294 S.E.2d 910 (W. Va. 1982).
· cites it 2× “In determining whether the Pendleton County appellees are entitled to the protection afforded by W.Va. Code, 18A-2-1 et seq., we do not believe the source of their wage payment is critical such that if their pay checks are coming from the state level then this does not…”
Miller v. Bd. of Educ. of Cnty. of Boone, 437 S.E.2d 591 (W. Va. 1993).
“The board shall act upon the superintendent’s recommendations at that meeting in accordance with section one [§ 18A-2-1] of this article. The board at this same meeting shall also act upon the retention of other probationary employees as provided in sections four and five [§§…”
Lee v. West Virginia Teachers Ret. Bd., 413 S.E.2d 96 (W. Va. 1991).
· cites it 2× “, which are required on a year-to-year basis, as opposed to the annual appointment of personnel such as the appellees by the State Board of Education; and, (3) contradicting the advice and procedure adopted by the appellants’ Board of Trustees inasmuch as other contributing…”
Jawa v. Bd. of Educ., 324 S.E.2d 161 (W. Va. 1984).
“” Finding these management changes unacceptable, Jawa filed a pro se petition for a writ of mandamus in the Circuit Court of McDowell County seeking to compel the respondents to: (1) reinstate the January, 1982 agreement; (2) nullify his new job description and the management…”
Monongalia Cnty. Bd. of Educ. v. Am. Fed'n of Teachers—West Virginia, 792 S.E.2d 645 (W. Va. 2016).
· cites it 3× “Although the cited version of W. Va. Code § 18A-2-1 was not in effect at the time this action was filed, the language quoted in the body of this opinion is identical to language appearing in the earlier version of the statute.”
Shumate v. Bd. of Educ., 350 F. Supp. 1315 (S.D. W. Va. 1972).
· cites it 3× “” At a board meeting on May 18, 1972, defendant Scott, superintendent of the Jackson County schools, acting pursuant to law (W.Va.Code, § 18A-2-1), nominated and recommended persons for employment by the board for the school year 1972-1973, including plaintiff.”
Durstein v. Alexander, No. 3:19-cv-00029 (S.D. W. Va. Aug. 14, 2020).
· cites it 2× “” W. Va. Code § 18A-2-1(a); ECF No. 76-1 ¶¶ 58–64.”
W. Va. Code § 18A-2-1(a): 1 case
Durstein v. Alexander, No. 3:19-cv-00029 (S.D. W. Va. Aug. 14, 2020).
“” W. Va. Code § 18A-2-1(a); ECF No. 76-1 ¶¶ 58–64.”
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