§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.
Notes of Decisions
Baker v. Bd. of Educ., Cnty. of Hancock W. Va., 534 S.E.2d 378 (W. Va. 2000).
· cites it 32× “Baker requested a hearing on this decision, pursuant to W. Va.Code § 18A-2-8a (1977), and the Board scheduled a hearing for May 21, 1997.”
Wilt v. Flanigan, 294 S.E.2d 189 (W. Va. 1982).
· cites it 4× “Anderson wrote to the appellant again on May 5, 1980, and explained that the reasons for not rehiring her were: 1) inefficiency of classroom management, control and discipline; 2) unsatisfactory evaluation for present school year; and 3) failure to communicate and cooperate with…”
Miller v. Bd. of Educ. of Cnty. of Boone, 437 S.E.2d 591 (W. Va. 1993).
· cites it 3× “2d 910 (1982) this Court stated: Under W.Va.Code, 18A-2-8a (1977), the local board of education is required to receive from the county superintendent a list of all probationary employees who are to be considered for rehiring on or before the first Monday in May.”
Bonnell v. Carr, 294 S.E.2d 910 (W. Va. 1982).
· cites it 2× “Under W.Va.Code, 18A-2-8a (1977), 7 the board is required to receive from the superintendent a list of all probationary employees who are to be considered for rehiring on or before the first Monday in May.”
Kerra Layne v. Kanawha Cnty. Bd. of Educ., No. 16-0407 (W. Va. Feb. 17, 2017).
· cites it 2× “Whereas West Virginia Code § 18A–2–8 applies to the suspension and dismissal of tenured employees,9 West Virginia Code § 18A-2-8a governs the “after-the-fact” procedure for the “rehiring or nonrehiring” of probationary employees such as petitioner, providing, inter alia, that…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.