All professional personnel employees whose seniority with the Board of Education is insufficient to allow their retention by the Board during a reduction in work force shall be placed upon a preferred recall.

Such employee shall be recalled on the basis of seniority for any professional position opening within the area where s/he had previously been employed or to any lateral area for which s/he has certification, licensure or both providing no regular, full-time professional personnel, or those returning from leaves of absence with greater seniority, are qualified, apply for and accept the position.

Before position openings that are known or expected to extend for twenty (20) consecutive employment days or longer for professional personnel may be filled by the Board, the Board shall be required to notify all qualified professional personnel on the preferred list and give them an opportunity to apply, but failure to apply shall not cause the employee to forfeit any right to recall. The notice shall be sent by certified mail to the last known address of the employee, and it shall be the duty of each professional personnel to notify the Board of continued availability annually, of any change in address or of any change in certification, licensure or both.

Any professional employee whose employment has been terminated through reduction in force and whose name is on the preferred recall list shall retain all accumulated seniority for the purpose of seeking reemployment with the county from which s/he was terminated.

Additionally, when rescinding a reduction in force, if there is another employee on the preferred recall list with proper certification and higher seniority, that person shall be placed in the position restored.

Professional employees who have been placed on the preferred recall list shall be provided with notice by certified mail to their last known address of vacancies for which they are qualified. It shall be the duty of each professional employee on the preferred recall list to notify the Board of continued availability annually, of any change in address or in any change in certification and/or licensure. Any employee failing in duty shall be notified by certified mail to his/her last known address that they will be removed from the preferred recall list unless good cause is shown, within thirty (30) days, as to why they should not be removed from the preferred recall list. If good cause is not shown within the prescribed time, the Superintendent shall remove the employee from the recall list. If an employee accepts full-time employment with another County Board s/he shall be removed from the preferred recall list. Provided, however, the failure of an employee on the preferred recall list to make application for an available position shall not be grounds for removal from the preferred recall list.

WV Code 18A-4-7a
WV Code 18A-4-7b

Revised 3/31/09