Do ya wanna read something funny?

And here: 1 - GENERAL PROVISIONS
18 A- 1 - 1
18 A- 1 - 2
18 A- 1 - 3


--------------------------------------------------------------------------------
2 - SCHOOL PERSONNEL

--------------------------------------------------------------------------------
3 - TRAINING, CERTIFICATION, LICENS

--------------------------------------------------------------------------------
3A - CENTER FOR PROFESSIONAL DEVELO

--------------------------------------------------------------------------------
3B - EDUCATORS' PROFESSIONAL STANDA

--------------------------------------------------------------------------------
4 - SALARIES, WAGES AND OTHER BENEF

--------------------------------------------------------------------------------
5 - AUTHORITY; RIGHTS; RESPONSIBILI

--------------------------------------------------------------------------------
6 - COUNTY RETIREMENT FUND

--------------------------------------------------------------------------------
7 - SEVERABILITY

And here:

1 - GOVERNANCE
18 B- 1 - 1
18 B- 1 - 1 A
18 B- 1 - 1 B
18 B- 1 - 1 C
18 B- 1 - 1 D
18 B- 1 - 1 E
18 B- 1 - 2
18 B- 1 - 3
18 B- 1 - 4
18 B- 1 - 5
18 B- 1 - 5 A
18 B- 1 - 6
18 B- 1 - 7
18 B- 1 - 8
18 B- 1 - 8 A
18 B- 1 - 8 B
18 B- 1 - 9
18 B- 1 - 10
18 B- 1 - 11


--------------------------------------------------------------------------------
1A - COMPACT WITH HIGHER EDUCATION

--------------------------------------------------------------------------------
1B - HIGHER EDUCATION POLICY COMMIS

--------------------------------------------------------------------------------
1C - TRANSITION IMPLEMENTATION

--------------------------------------------------------------------------------
1D - HIGHER EDUCATION ACCOUNTABILIT

--------------------------------------------------------------------------------
2 - UNIVERSITY OF WEST VIRGINIA BOA

--------------------------------------------------------------------------------
2A - INSTITUTIONAL BOARDS OF GOVERN

--------------------------------------------------------------------------------
2B - WEST VIRGINIA COUNCIL FOR COMM

--------------------------------------------------------------------------------
2C - WEST VIRGINIA COMMUNITY AND TE

--------------------------------------------------------------------------------
3 - BOARD OF DIRECTORS OF THE STATE

--------------------------------------------------------------------------------
3A - WEST VIRGINIA JOINT COMMISSION

--------------------------------------------------------------------------------
3B - WEST VIRGINIA LITERACY PROJECT

--------------------------------------------------------------------------------
3C - COMMUNITY AND TECHNICAL COLLEG

--------------------------------------------------------------------------------
3D - WORKFORCE DEVELOPMENT INITIATI

--------------------------------------------------------------------------------
3E - EASTERN WEST VIRGINIA COMMUNIT

--------------------------------------------------------------------------------
3F - COMMUNITY AND TECHNICAL COLLEG

--------------------------------------------------------------------------------
4 - GENERAL ADMINISTRATION

--------------------------------------------------------------------------------
5 - HIGHER EDUCATION BUDGETS AND EX

--------------------------------------------------------------------------------
6 - ADVISORY COUNCILS

--------------------------------------------------------------------------------
7 - PERSONNEL GENERALLY

--------------------------------------------------------------------------------
8 - HIGHER EDUCATION FULL-TIME FACU

--------------------------------------------------------------------------------
9 - CLASSIFIED EMPLOYEE SALARY SCHE

--------------------------------------------------------------------------------
10 - FEES AND OTHER MONEY COLLECTE

--------------------------------------------------------------------------------
11 - MISCELLANEOUS INSTITUTES AND

--------------------------------------------------------------------------------
11A - STATE AUTISM TRAINING CENTER

--------------------------------------------------------------------------------
11B - WEST VIRGINIA POISON CENTER

--------------------------------------------------------------------------------
12 - RESEARCH AND DEVELOPMENT AGRE

--------------------------------------------------------------------------------
12A - CENTERS FOR ECONOMIC DEVELOP

--------------------------------------------------------------------------------
13 - HIGHER EDUCATION -- INDUSTRY

--------------------------------------------------------------------------------
14 - MISCELLANEOUS

--------------------------------------------------------------------------------
15 - SEVERABILITY

--------------------------------------------------------------------------------
16 - HEALTH CARE EDUCATION

--------------------------------------------------------------------------------
17 - LEGISLATIVE RULES

--------------------------------------------------------------------------------
18 - EMINENT SCHOLARS ENDOWMENT TR

--------------------------------------------------------------------------------
18A - DIRECTED RESEARCH ENDOWMENTS

--------------------------------------------------------------------------------
18B - SCIENCE AND RESEARCH COUNCIL

And here:

1 - FINANCIAL ASSISTANCE GENERALLY
18 C- 1 - 1
18 C- 1 - 2
18 C- 1 - 3
18 C- 1 - 4
18 C- 1 - 5


--------------------------------------------------------------------------------
2 - GUARANTEED STUDENT LOAN PROGRAM

--------------------------------------------------------------------------------
3 - HEALTH PROFESSIONALS STUDENT LO

--------------------------------------------------------------------------------
4 - UNDERWOOD-SMITH TEACHER SCHOLAR

--------------------------------------------------------------------------------
5 - HIGHER EDUCATION GRANT PROGRAM

--------------------------------------------------------------------------------
6 - WEST VIRGINIA ENGINEERING, SCIE

--------------------------------------------------------------------------------
7 - WEST VIRGINIA PROVIDING REAL OP

--------------------------------------------------------------------------------
8 - WEST VIRGINIA FINANCIAL AID COO

Oh geezus the two of you. You say it is law, Ziggy. Point to the specific subsection of the code. Where is the language you speak of that makes it law. You claim to know the law, show us where it says that.

I personally would like to see the court case that affirms teachers are indeed county employees.

Stephanie wrote:Oh geezus the two of you. You say it is law, Ziggy. Point to the specific subsection of the code. Where is the language you speak of that makes it law. You claim to know the law, show us where it says that.

Steph, do you actually think he would have went to all the trouble "copying n' pasteing" all that tripe and piffle of useless SC Section #s and descriptions ...... iffen he had known what you asked?

HELL NO.

And if what he claimed was actually specified in the SC then you can bet your bippy that he would have found it and posted said ........ because there is really not much of anything better that him or RC likes than to "stick it to me" and then gloat about it for months n' years afterwards.


.

I am aware that Ziggy can't answer the question. I wonder if he'll research it.

I think you all enjoy your sparring matches. I think you enjoy sticking it to them as much as they enjoy sticking it to you.

Aaron wrote:I personally would like to see the court case that affirms teachers are indeed county employees.

I did not say that there was one, Aaron. I said that there was no case in which a Court has ruled that public school teachers are anything other than employees of county boards of education.

Stephanie wrote:Oh geezus the two of you. You say it is law, Ziggy. Point to the specific subsection of the code. Where is the language you speak of that makes it law. You claim to know the law, show us where it says that.

Well, maybe I missed something, Stephanie. What, specifically, do you want to see the law about? Tenure? I can find that for you. Teacher employment by a county board of education? I can find that, too. Teacher contracts? That has been posted to these fourums more than once. Tell me something specific and I'll try to find it for you. But I am not going to go through a zillion sections and sub-sections of law just looking for something to post that you might find interesting.

I've always held the opinion that teachers are "grey-area employees".

Most of our paycheck comes from the state and the state makes the guidelines for our certifications, but the counties actually hire/fire us, provide benefits over and above the health insurance plan thru PEIA the state offers, and pays us whatever extra that bonds/levys raise.

Aaron wrote:Funds for teachers pay come from the STATE Board of Education. Minimum pay scales are set by the STATE Board of Education. Mandates’ keeping county teacher pay within a specific pay range is mandated by the STATE Board of Education. Contract language is set by the STATE Board of Education. Work rules are set by the STATE Board of Education. Hiring and firing policies are set by the STATE Board of Education. Benefit packages are set by the STATE Board of Education. Retirement is provided by the State. None of that is under the purview of the county government. Where I come from, if it walks like a duck and quacks like a duck, it's a duck. There's a difference between a contract awarded to a private company and teachers hired, fired and paid under STATE guidelines but I'm not surprised you don't see that difference.

No, these items do not come from the state board of education. School support funding is appropriated by the state legislature. Minimum pay scales are set by the state legislature. Teacher pay mandates are set by the state legislature. Contract language is set by the state legislature. Hiring and firing policies, to the extent that they exist at all, are set by the state legislature and county boards of education. Benefit packages are set partly by the state legislature, and partly by county boards of education. The state board of education is an administrative agency, not a law-making nor a funds approporiations agency.

That is why when county boards of education members and county administrators are asking why this or that has to happen this or that way, or how they can legally accomplish something or other, the school Superintendent cites this or that part of Chapter 18, usually Chapter 18A of WV Code.

As I said earlier, it's all in the law.

Almost nothing happens in West Virginia government at any level other than as allowed by the state legislature. That is why county governments and city governments are called "political sub-divisions" of the state of WV- they do not even exist legally other than as either provided for in the state Constitution or state law enacted under the Constitution. And the West Virginia legislature is loathe to allow any significant measure of "home rule" to the state's counties and cities.

and that's why it takes so long to make any real changes to the classroom/educational system - we have to wait for the state legislature to move.....

ziggy wrote:

Aaron wrote:I personally would like to see the court case that affirms teachers are indeed county employees.

I did not say that there was one, Aaron. I said that there was no case in which a Court has ruled that public school teachers are anything other than employees of county boards of education.

No, you didn't come right out and say that. But you most certainly implied it.

ziggy wrote:No legal challenge on that matter has ever prevailed in the West Virginia Court system.

ziggy wrote:No, these items do not come from the state board of education. School support funding is appropriated by the state legislature. Minimum pay scales are set by the state legislature. Teacher pay mandates are set by the state legislature. Contract language is set by the state legislature. Hiring and firing policies, to the extent that they exist at all, are set by the state legislature and county boards of education. Benefit packages are set partly by the state legislature, and partly by county boards of education. The state board of education is an administrative agency, not a law-making nor a funds approporiations agency.

That is why when county boards of education members and county administrators are asking why this or that has to happen this or that way, or how they can legally accomplish something or other, the school Superintendent cites this or that part of Chapter 18, usually Chapter 18A of WV Code.

As I said earlier, it's all in the law.

Almost nothing happens in West Virginia government at any level other than as allowed by the state legislature. That is why county governments and city governments are called "political sub-divisions" of the state of WV- they do not even exist legally other than as either provided for in the state Constitution or state law enacted under the Constitution. And the West Virginia legislature is loathe to allow any significant measure of "home rule" to the state's counties and cities.

You can weasle word it any way you like Ziggy, the bottom line is, the STATE sets the rules, provides the pay and benefits and when County school systems do not meet STATE criteria, it is the STATE that takes over. Whether it is the Legislature or BOE or both is not of importance as much as the fact that it is the STATE that is in control thus all County BOE's are nothing more then divisions or locations of a STATE agency meaning all County employees are in fact STATE employees.

I want to see the specific area of WV Code that says incompetent ineffective and cruel school district employees get to keep jobs for life.

I want to see the specific area of the code that says the only right parents have over who educates their children is at the ballot box.

I want to see the specific resolution or policy or demand by any public school teacher or adminstrator that actually puts the best interests of students in a position of superiority to the best interests of public school teachers.

I also would like to see the specific code that explains how people who are paid with state funds, tenured by state law, existing under rules adopted and enforced by the state legislature and the state board of education are anything other than state employees.

btw........Sam was the one asking for the specific codes. You pressed the issue, now go find them.

Stephanie wrote:I want to see the specific area of WV Code that says incompetent ineffective and cruel school district employees get to keep jobs for life.

That is not a matter of law. That is an expression of opinion about the effects of certain laws. But for context, you can read what I have posted further below.

I want to see the specific resolution or policy or demand by any public school teacher or adminstrator that actually puts the best interests of students in a position of superiority to the best interests of public school teachers.

By a teacher or administrator, but not the state legislature? I do not have one handy here, but I suspect that most any school student handbook will have a statement of policy or of purpose pretty much along the lines you ask about here.

I also would like to see the specific code that explains how people who are paid with state funds, tenured by state law, existing under rules adopted and enforced by the state legislature and the state board of education are anything other than state employees.

"§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need; released time; failure of teacher to perform contract or violation thereof; written notice bonus for teachers and professional personnel.
(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 secretary of the county board and shall be filed, together with the certificate of the teacher, by the secretary of the office of the county board: Provided, That when necessary to facilitate the employment of employable professional personnel and prospective and recent graduates of teacher education programs who have not yet attained certification, the contract may be signed upon the condition that the certificate is issued to the employee prior to the beginning of the employment term in which the employee enters upon his or her duties." http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18a&art=2#02

(Bold & underlined emphasis on the words "county boards" added by Ziggy)
Teachers' employment is with COUNTY boards of education- directed by law.
-----------------------------------------

Re: Tenure for teachers, and more-

(b) Each teacher's contract, under this section, shall be designated as a probationary or continuing contract. A probationary teacher's contract shall be for a term of not less than one nor more than three years, one of which shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter, if applicable. If, after three years of such employment, the teacher who holds a professional certificate, based on at least a bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into a new contract of employment, it shall be a continuing contract, subject to the following: .........................

(1) Any teacher holding a valid certificate with less than a bachelor's degree who is employed in a county beyond the three-year probationary period shall upon qualifying for the professional certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and

(2) A teacher 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 the employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year.

(c) The continuing contract (aka tenure contract- Ziggy) 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, subject to the following:

(1) A continuing contract may not be terminated except:

(A) By a majority vote of the full membership of the county board on or before February 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 the board's action on the termination issue; or

(B) By written resignation of the teacher on or before February 1 to initiate termination of a continuing contract;

(2) The termination shall take effect at the close of the school year in which the contract is terminated;

(3) The contract may be terminated at any time by mutual consent of the school board and the teacher;

(4) This section does not affect the powers of the school board to suspend or dismiss a principal or teacher pursuant to section eight of this article;

(5) A continuing contract for any teacher holding a certificate valid for more than one year and in full force and effect during the school year 1984-1985 shall remain in full force and effect;

(6) A continuing contract does not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal for lack of need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to this subsection may not be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed upon a preferred list in the order of their length of service with that board. No teacher may be employed by the board until each qualified teacher upon the preferred list, in order, has been offered the opportunity for reemployment in a position for which he or she is qualified, not including a teacher who has accepted a teaching position elsewhere. The reemployment shall be upon a teacher's preexisting continuing contract and has the same effect as though the contract had been suspended during the time the teacher was not employed.

(d) In the assignment of position or duties of a teacher under a continuing contract, the board may provide for released time of a teacher for any special professional or governmental assignment without jeopardizing the contractual rights of the teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any professional educator 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.

(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from doing so by personal illness or other just cause or unless released from his or her contract by the board, or who violates any lawful provision of the contract, is disqualified to teach in any other public school in the state for a period of the next ensuing school year and the State Department of Education or board may hold all papers and credentials of the teacher on file for a period of one year for the violation: Provided, That marriage of a teacher is not considered a failure to fulfill, or violation of, the contract.

(f) Any classroom teacher, as defined in section one, article one of this chapter, who desires to resign employment with a county board or request a leave of absence, the resignation or leave of absence to become effective on or before July 15 of the same year and after completion of the employment term, may do so at any time during the school year by written notification of the resignation or leave of absence and any notification received by a county board shall automatically extend the teacher's public employee insurance coverage until August 31 of the same year.

(g) (1) A classroom teacher who gives written notice to the county board on or before December 1 of the school year of his or her retirement from employment with the board at the conclusion of the school year shall be paid $500 from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to appropriation by the Legislature. If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest. This payment shall not be counted as part of the final average salary for the purpose of calculating retirement.

(2) The position of a classroom teacher providing written notice of retirement pursuant to this subsection may be considered vacant and the county board may immediately post the position as an opening to be filled at the conclusion of the school year. If a teacher has been hired to fill the position of a retiring classroom teacher prior to the start of the next school year, the retiring classroom teacher is disqualified from continuing his or her employment in that position. However, the retiring classroom teacher may be permitted to continue his or her employment in that position and forfeit the early retirement notification payment if, after giving notice of retirement in accordance with this subsection, he or she becomes subject to a significant unforeseen financial hardship, including a hardship caused by the death or illness of an immediate family member or loss of employment of a spouse. Other significant unforeseen financial hardships shall be determined by the county superintendent on a case-by-case basis. This subsection does not prohibit a county school board from eliminating the position of a retiring classroom teacher.

§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.

§18A-2-3. Employment of substitute teachers and retired teachers as substitutes in areas of critical need and shortage; employment of prospective employable professional personnel.
(a) The county superintendent, subject to approval of the county board, may employ and assign substitute teachers to any of the following duties: (1) To fill the temporary absence of any teacher or an unexpired school term made vacant by resignation, death, suspension or dismissal; (2) to fill a teaching position of a regular teacher on leave of absence; and (3) to perform the instructional services of any teacher who is authorized by law to be absent from class without loss of pay, providing the absence is approved by the board of education in accordance with the law. The substitute shall be a duly certified teacher.

(b) Notwithstanding any other provision of this code to the contrary, a substitute teacher who has been assigned as a classroom teacher in the same classroom continuously for more than one half of a grading period and whose assignment remains in effect two weeks prior to the end of the grading period, shall remain in the assignment until the grading period has ended, unless the principal of the school certifies that the regularly employed teacher has communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been approved to return to work by his or her physician. For the purposes of this section, teacher and substitute teacher, in the singular or plural, mean professional educator as defined in section one, article one of this chapter.

(c) (1) The Legislature hereby finds and declares that due to a shortage of qualified substitute teachers, a compelling state interest exists in expanding the use of retired teachers to provide service as substitute teachers in areas of critical need and shortage. The Legislature further finds that diverse circumstances exist among the counties for the expanded use of retired teachers as substitutes. For the purposes of this subsection, "area of critical need and shortage" means an area of certification and training in which the number of available substitute teachers in the county who hold certification and training in that area and who are not retired is insufficient to meet the projected need for substitute teachers.

(2) A person receiving retirement benefits under the provisions of article seven-a of this chapter or who is entitled to retirement benefits during the fiscal year in which that person retired may accept employment as a substitute teacher for an unlimited number of days each fiscal year without affecting the monthly retirement benefit to which the retirant is otherwise entitled if the following conditions are satisfied:

(A) The county board adopts a policy recommended by the superintendent to address areas of critical need and shortage;

(B) The policy sets forth the areas of critical need and shortage in the county in accordance with the definition of area of critical need and shortage set forth in subdivision (1) of this subsection;

(C) The policy provides for the employment of retired teachers as substitute teachers during the school year on an expanded basis in areas of critical need and shortage as provided in this subsection;

(D) The policy provides that a retired teacher may be employed as a substitute teacher in an area of critical need and shortage on an expanded basis as provided in this subsection only when no other teacher who holds certification and training in the area and who is not retired is available and accepts the substitute assignment;

(E) The policy is effective for one school year only and is subject to annual renewal by the county board;

(F) The state board approves the policy and the use of retired teachers as substitute teachers on an expanded basis in areas of critical need and shortage as provided in this subsection; and

(G) Prior to employment of a substitute teacher beyond the post-retirement employment limitations established by the consolidated public retirement board, the superintendent of the affected county submits to the Consolidated Public Retirement Board, in a form approved by the retirement board, an affidavit signed by the superintendent stating the name of the county, the fact that the county has adopted a policy to employ retired teachers as substitutes to address areas of critical need and shortage and the name or names of the person or persons to be employed pursuant to the policy.

(3) Any person who retires and begins work as a substitute teacher within the same employment term shall lose those retirement benefits attributed to the annuity reserve, effective from the first day of employment as a retiree substitute in that employment term and ending with the month following the date the retiree ceases to perform service as a substitute.

(4) Retired teachers employed to perform expanded substitute service pursuant to this subsection are considered day-to-day, temporary, part-time employees. The substitutes are not eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.

(5) When a retired teacher is employed as a substitute to fill a vacant position, the county board shall continue to post the vacant position until it is filled with a regularly employed teacher.

(6) Until this subsection is expired pursuant to subdivision (7) of this subsection, the state board, annually, shall report to the Joint Committee on Government and Finance prior to the first day of February of each year. Additionally, a copy shall be provided to the Legislative Oversight Commission on Education Accountability. The report shall contain information indicating the effectiveness of the provisions of this subsection on expanding the use of retired substitute teachers to address areas of critical need and shortage.

(7) The provisions of this subsection shall expire on the thirtieth day of June, two thousand ten.

(d) (1) Notwithstanding any other provision of this code to the contrary, each year a county superintendent may employ prospective employable professional personnel on a reserve list at the county level subject to the following conditions:

(A) The county board adopts a policy to address areas of critical need and shortage as identified by the state board. The policy shall include authorization to employ prospective employable professional personnel;

(B) The county board posts a notice of the areas of critical need and shortage in the county in a conspicuous place in each school for at least ten working days; and

(C) There are not any potentially qualified applicants available and willing to fill the position.

(2) Prospective employable professional personnel may only be employed from candidates at a job fair who have or will graduate from college in the current school year or whose employment contract with a county board has or will be terminated due to a reduction in force in the current fiscal year.

(3) Prospective employable professional personnel employed are limited to three full-time prospective employable professional personnel per one hundred professional personnel employed in a county or twenty-five full-time prospective employable professional personnel in a county, whichever is less.

(4) Prospective employable professional personnel shall be granted benefits at a cost to the county board and as a condition of the employment contract as approved by the county board.

(5) Regular employment status for prospective employable professional personnel may be obtained only in accordance with the provisions of section seven-a, article four of this chapter.

(e) The state board annually shall review the status of employing personnel under the provisions of subsection (d) of this section and annually shall report to the Legislative Oversight Commission on Education Accountability on or before the first day of November of each year. The report shall include, but not be limited to, the following:

(A) The counties that participated in the program;

(B) The number of personnel hired;

(C) The teaching fields in which personnel were hired;

(D) The venue from which personnel were employed;

(E) The place of residency of the individual hired; and

(F) The state board's recommendations on the prospective employable professional personnel program.

-------------------------------------------

(9) By signing this contract the Employee accepts employment upon the terms herein set out.

WITNESS the following signatures as of the day, month and year first above written:

_____________, (President, ______ County Board of Education) _____________, (Secretary, ______ County Board of Education) _____________, (Employee)"

Those employees who have completed three years of acceptable employment as of the effective date of this legislation shall be granted continuing contract status.

------------------------

§18A-2-7. Assignment, transfer, promotion, demotion, suspension and recommendation of dismissal of school personnel by superintendent; preliminary notice of transfer; hearing on the transfer; proof required.
(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 before February 1 if he or she is being considered for transfer or to be transferred. Only those employees whose consideration for transfer or intended transfer is based upon known or expected circumstances which will require the transfer of employees shall be considered for transfer or intended for transfer and the notification shall be limited to only those employees. Any teacher or employee who desires to protest the proposed transfer may request in writing a statement of the reasons for the proposed transfer. The statement of reasons shall be delivered to the teacher or employee within ten days of the receipt of the request. Within ten days of the receipt of the statement of the reasons, the teacher or employee may make written demand upon the superintendent for a hearing on the proposed transfer before the county board of education. The hearing on the proposed transfer shall be held on or before March 15. At the hearing, the reasons for the proposed transfer must be shown.

(b) The superintendent at a meeting of the board on or before March 15 shall furnish in writing to the board a list of teachers and other employees to be considered for transfer and subsequent assignment for the next ensuing school year. An employee who was not provided notice and an opportunity for a hearing pursuant to subsection (a) of this section may not be included on the list. All other teachers and employees not so listed shall be considered as reassigned to the positions or jobs held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record of the meeting and all those so listed shall be notified in writing, which notice shall be delivered in writing, by certified mail, return receipt requested, to the persons' last known addresses within ten days following the board meeting, of their having been so recommended for transfer and subsequent assignment and the reasons therefor.

(c) The superintendent's authority to suspend school personnel shall be temporary only pending a hearing upon charges filed by the superintendent with the board of education and the period of suspension may not exceed thirty days unless extended by order of the board.

(d) The provisions of this section respecting hearing upon notice of transfer is not applicable in emergency situations where the school building becomes damaged or destroyed through an unforeseeable act and which act necessitates a transfer of the school personnel because of the aforementioned condition of the building.

§18A-2-7a. Statewide job bank.
The state board shall establish and maintain a statewide job bank to assist the recruitment and reemployment of experienced professional personnel whose employment with county boards has been terminated because of a reduction in force. The job bank shall consist of two parts 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; and (2) a list of professional positions for which the county is seeking applicants. 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.

§18A-2-8. Suspension and dismissal of school personnel by board; appeal.
(a) 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, the conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge.

(b) A charge of unsatisfactory performance shall not be made except as the result of an employee performance evaluation pursuant to section twelve of this article. The charges shall be stated in writing served upon the employee within two days of presentation of the charges to the board.

(c) The affected employee shall be given an opportunity, within five days of receiving the written notice, to request, in writing, a level three hearing and appeals pursuant to the provisions of article two, chapter six-c of this code, except that dismissal for the conviction of a felony or guilty plea or plea of nolo contendere to a felony charge is not by itself a grounds for a grievance proceeding. An employee charged with the commission of a felony may be reassigned to duties which do not involve direct interaction with pupils pending final disposition of the charges.

If you need to see further law on this and more, you can read more at
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18a&art=2#02

As I said, it's in the law- all very detailed. We may not like it; but the law is what it is.

Stephanie wrote:I want to see the specific area of the code that says the only right parents have over who educates their children is at the ballot box.

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=5#05

CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1. Supervision and control of county school districts;

number, nomination and election of members.

Each county school district shall be under the supervision and control of a county board of education, which shall be composed of five members, nominated and elected by the voters of the respective county without reference to political party affiliation. No more than two members shall be elected from the same magisterial district. ....................................

§18-5-5. Corporate character and general powers of board; exemption of school property from legal process and taxes.
The county board of education shall be a corporation by the name of "The board of education of the county of ..........," and as such may sue and be sued, plead and be impleaded, contract and be contracted with. It shall succeed and be subrogated to all the rights of former magisterial and independent district boards and may institute and maintain any and all actions, suits and proceedings now pending or which might have been brought and prosecuted in the name of any former board for the recovery of any money or property, or damage to any property due to or vested in the former board, and shall also be liable in its corporate capacity for all claims legally existing against the board of which it is a successor. The board shall, according to law, hold and dispose of any real estate or personal property belonging to the former corporation or its predecessors, or that may hereafter come into its possession. ...............................

§18-5-13. Authority of boards generally.
Subject to the provisions of this chapter and the rules of the State Board, each county board may:

(a) Control and manage all of the schools and school interests for all school activities and upon all school property owned or leased by the county, including:

(1) Requiring schools to keep records regarding funds connected with the school or school interests, including all receipts and disbursements of all funds collected or received by:

(A) Any principal, teacher, student or other person in connection with the schools and school interests;

(B) Any program, activity or other endeavor of any nature operated or conducted by or in the name of the school; and

(C) Any organization or body directly connected with the school;

(2) Allowing schools to expend funds for student, parent, teacher and community recognition programs. A school may use only funds it generates through a fund-raising or donation-soliciting activity. Prior to commencing the activity, the school shall:

(A) Publicize the activity as intended for this purpose; and

(B) Designate for this purpose the funds generated;

(3) Auditing the records and conserving the funds, including securing surety bonds by expending board moneys. The funds described in this subsection are quasipublic funds, which means the moneys were received for the benefit of the school system as a result of curricular or noncurricular activities;

(b) Establish:

(1) Schools, from preschool through high school;

(2) Vocational schools; and

(3) Schools and programs for post-high school instruction, subject to approval of the State Board;

(c) Close any school:

(1) Which is unnecessary and assign the students to other schools. The closing shall occur pursuant to official action of the county board. Except in emergency situations when the timing and manner of notification are subject to approval by the state superintendent, the county board shall notify the affected teachers and service personnel of the county board action not later than the first Monday in April. The board shall provide notice in the same manner as set forth in section four of this article; or

(2) Pursuant to the provisions of subsection (e) of this section;

(d) Consolidate schools;

(e) Close any elementary school whose average daily attendance falls below twenty students for two consecutive months. The county board may assign the students to other schools in the district or to schools in adjoining districts. If the teachers in the closed school are not transferred or reassigned to other schools, they shall receive one month's salary;

(f) Provide transportation according to rules established by the county board, as follows: ..................................

And it goes on and on almost endlessly- very detailed. Again, it's all in the law.

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=5#05

I want to see the specific resolution or policy or demand by any public school teacher or adminstrator that actually puts the best interests of students in a position of superiority to the best interests of public school teachers.

Policy Number and Title: Policy 5800 - Standards of Professional Practice for West Virginia
Superintendents, Principals and Teacher Leaders

§126-165-1. General.
1.1. Scope. -- Policy 5800 describes the nine common standards expected of educational leaders and the specific role functions of county superintendents, principals and teacher leaders. In total, the policy represents a coherent and aligned set of leadership expectations necessary to transform schools and school systems into outcome focused, innovative, accountable learning organizations that can prepare all students for powerful life options in the global, digital age of the 21st century.

http://wvde.state.wv.us/policies/p5800_co.pdf

There's a statement such as you ask about- though not in your exact words. I do not believe that the school systems are living up to this grandiose proclamation of general policy scope. But there it is.

Putnam County Mission Statement

The MISSION of Putnam County Schools is to ensure that every student masters the curriculum and achieves academic success. We will dedicate our time, resources, and practices to closing the achievement gap, bringing every student to mastery and beyond, and preparing every student for success in a diverse and changing world. Working with the home and community, we will build a supportive system characterized by ethical behaviors, mutual respect, professionalism, and collaboration.

http://putnam.schoolspan.com/

"bringing every student to mastery and beyond"

And there isn't a chance in hell this will actually happen....."mastery" is always a moving target. New cut scores are established each year.

Human population's abilities run along a fairly well established and distributed bell curve. What makes the school system think that can be changed?

Stephanie wrote:I am aware that Ziggy can't answer the question. I wonder if he'll research it.

I "researched" it about 35 years ago when I was working the school board beat for a local newspaper.
Now, just what was the question?

You can twist it any way you like, Ziggy.

The current system of allowing teachers to keep their jobs no matter how bad their job performance, or how poorly they treat children, or what horrible role models they are in unfair to children.

Nobody's looking out for the best interests of the kids. Teachers created this nightmare and are unwilling to do anything to correct the problems because they like things exactly the way they are.

You're insistance that it is the law is not an excuse. Making excuses for them isn't helpful.

Stephanie wrote:You can twist it any way you like, Ziggy.

I am not "twisting" it, Stephanie. I am trying to help you understand how and why you keep running up against a brick wall- because it is all so enshrined in almost 100 of evolutionary school law that working at it from the bottom does not work. It is almost all controlled from the TOP- at the state capital.

The current system of allowing teachers to keep their jobs no matter how bad their job performance, or how poorly they treat children, or what horrible role models they are in unfair to children.

I agree. And to change that, we would need to change the law. If you read what I posted you would see that virtually every detail of the "hiring and firing" process is spelled out in the school laws- Chapter 18, A,B and C of the state code.

Nobody's looking out for the best interests of the kids. Teachers created this nightmare and are unwilling to do anything to correct the problems because they like things exactly the way they are.

And they are that way because of the law. We can go back 85 years to the times that teachers did not have tenure and when their jobs we at the whim of local politicians whose goal was perpetuating their little fiefdoms. But to do that will take many, many changes in the law.

You're insistance that it is the law is not an excuse.

Of course its not an excuse. It is the primary reason that things are the way they are. It is the authority to operate schools and manage employees in certain ways and not in other ways.

Nobody's looking out for the best interests of the kids.

Of course not. The state legislature is more interested in getting votes.

Teachers created this nightmare and are unwilling to do anything to correct the problems because they like things exactly the way they are.

How did teachers "create this nightmare"? They did it through political action- by having changes they wanted made in the schools laws. I have watched this go down all my life. It took "control" away from local politicos- who would pay more attention to the concerns of parents, and put it in the hands of the state legislature- who can almost totally ignore parents because their political futures are vested in well organized and powerful political supporters. A "parents vs. teachers" fight will have to be held first at the WV statehouse before it will be effective at the local schoolhouse.

Making excuses for them isn't helpful.

And your denial that it is almost all spelled out detail by detail in the school laws, and your failure to realize that to make meaningful changes will require changes in the law to change the way schools are staffed and managed isn't helpful, either.

Teachers are politically organized. And to overcome the power of that political organization will require an even more powerful political organization. I am not suggesting that you should shut up and go sit in the corner, Stephanie. I am trying to get you to see that just taking pot shots at school teachers and administrators from the side lines, while perhaps thereaupeudic to your psyche, does nothing to overcome the real power behind how schools operate- a power that is currently in the hands of state legislators.

As recently as 50 years ago in some WV counties, school teachers had to pay money into a local political machine each month before they received their then meager monthly paychecks. I don't think you want to go back to that-or maybe you do, I don't know. There should be ways to do better than we do now, and without going back to the local political machines running the schools and milking school employees for $$$ to finance their political fortunes. But maybe there isn't.

Ziggy,

You're making excuses for them again. What happened 50 years ago is NOT what's going on today and it is not a legitimate reason for people who hold themselves out as professionals, people parents are compelled by law to entrust their children to for a substantial portion of their childhood, to protect and defend the criminals and incompetents among them.

You said,

Parents get their input very directly and effectively- by electing the board of education that hires teachers, fires them, and otherwise manages the school system, as well as by electing the legislators who make the laws affecting education, and by electing the Circuit Court judges and the Supreme Court judges who more or less police how those laws are used. Do you want a different kind of school system? Then when enough voters agree to elect people who will make and manage the schools as you want them managed they will get elected and make it happen. There should be more measurable objectivity in being a public school teacher than winning or losing a popularity contest among the general public.

In your eyes, parents have no rights, Ziggy, other than once every four years. Under WV law, laws teachers are majorly responsible for, children are compelled to attend school between the ages of 6 and now 17! According to you, everything from what school they attend to what classes they are taught to what teacher they have is completely and totally out of their hands because that is the law. Teachers and administrators caught with drugs, teachers caught abusing children, teachers who don't teach, can all keep their jobs forever because they operate as a gang so they are better organized politically. That's ok.

Don't tell me, or anyone else, we don't have the right to feel disenfranchised. We are disenfranchised. Our money is being confiscated by the state and county governments to pay salaries of people who are not held accountable for their job performance or their behavior. What's worse, we are compelled to subject our children to these jackals by laws they got enacted. WV has some of the toughest truancy laws in the country. West Virginians have few options. Because of geography and economics there are very few private or parochial schools available. Because of the lousy economy, which is due in large part to laws passed by the same cast of characters those teachers have been electing for generations now, too few West Virginians could afford to send them if such schools existed.

Teachers throughout the nation are up in arms over the changes being forced upon states if they want to obtain federal funds. Sasha said she doesnt think WV should take the money, she'd rather the schools not get any of it than to run the risk of teachers losing control over public education. She'd rather schools failing to perform continue on the same path than submit to the terms of the funds.

I argue that if teachers unions had been willing to make the changes needed to improve student performance the Obama administration would not have had to resort to this. There are a lot of things about Arne Duncan I do not like, but the more I think about it the more I think Duncan may be the kind of guy needed to force meaningful change on a group who for far too long have been more than happy to hold children and their parents hostage rather than do anything that even hints at putting their job security or system of compensation on the line. On the down side, it is the federal government involving itself in a right and obigation that belongs to the states. On the upside at least they're ponying up the bucks for the changes they're requiring.

Don't tell me, or anyone else, we don't have the right to feel disenfranchised. We are disenfranchised.

Of course you are disenfranchised. That is what I have been saying for days and days here now. The state legislature has disenfranchised the parents and the general public- has insulated the schools from needing to pay attention to parents.