Transfers, RIF, and Probationary Contracts

Regular Transfer

On or before April 1, the superintendent notifies employees of their being recommended for transfer and subsequent assignment. If a statement of the reasons for the proposed transfer is not included in the initial notice, you may request a statement of the reasons. Within ten days of the receipt of the statement of reasons, you may request a hearing before the county board.

A hearing before a county board on a proposed transfer must occur on or before May 1. The superintendent must present the reasons for the proposed transfer at this hearing.

On or before May 1, the superintendent shall provide the board a list of all personnel proposed for transfer and subsequent assignment for the next school year. If approved by the board, those recommended for transfer shall be included in the board minutes and notification of such shall be sent to the transferred employee within ten days of said meeting by certified mail, return receipt requested.

REDUCTION IN FORCE (RIF)

CONTINUING CONTRACT – The continuing contract of any teacher shall remain in full force and effect except as modified by mutual consent of the school board and the teacher, unless and until terminated by a majority vote of the full membership of the board before May 1 of the then current year, after written notice, served upon the teacher, return receipt requested, stating cause or causes, and an opportunity to be heard at a meeting of the board prior to board’s action. WVC §18A-2-2

RECALL WITHOUT POSTING – All employees subject to release shall be considered applicants for any vacancy in an established, existing, or newly created position that, on or before March1, is known to exist for the ensuing school year, and for which they are qualified. Upon recommendation of the superintendent, the board shall appoint the successful applicant from among them before posting such vacancies for application by nonemployees. WVC §18A-4-7a (k) (2)

RESCINDING RIF & REGULAR TRANSFER

If, prior to August 1, the reason that you were put on transfer or RIF no longer exists, the board shall rescind the action and the board shall notify you of your right to be restored to your position of employment provided that there is not another employee on the recall list with proper certification and higher seniority. If there is another employee on the preferred recall list with proper certification and higher seniority, that person shall be placed in the restored position as a result of the RIF being rescinded. Within five (5) days of being notified, you must notify the board, in writing, of your intent to resume your position of employment or the right to be restored shall terminate.

PROBATIONARY CONTRACT (NON-REHIRE)

The superintendent shall provide to the board, in writing on or before May 1 of each year, a list of all probationary teachers that are recommended to be hired for the next school year. Any such probationary teacher who is not rehired by the board at that meeting (on or before May 1) shall be notified in writing, via certified mail, within ten days following the board meeting. Any non-rehired teacher has ten days to request a statement of the reasons for not being rehired and may request a hearing before the board. The hearing shall be held at the next regularly scheduled meeting or a special meeting within thirty days of the request. At the hearing the reasons for the non-rehire must be presented.

TRANSFER-REASSIGNMENT WITHIN SCHOOL WITHOUT POSTING

Notwithstanding any other provision of the code to the contrary, upon recommendation of the principal and approval by the classroom teacher and county board, a classroom teacher assigned to the school may at any time be assigned to a new or existing classroom teacher position at the school without the position being posted.

AN EMPLOYEE MAY BE REPRESENTED BY COUNSEL, A FELLOW EMPLOYEE OR AN AFT REPRESENTATIVE AT EITHER A RIF OR TRANSFER HEARING.

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