4130 - ASSIGNMENT AND TRANSFER OF SERVICE PERSONNEL

Cabell County Schools

Bylaws & Policies

4130 - ASSIGNMENT AND TRANSFER OF SERVICE PERSONNEL

Relocation of service personnel may become necessary to meet shifting student population, building or program requirements or for other good reasons.

	A.	Service personnel employees shall be notified in writing by the Superintendent on or before February 1st if being considered for transfer or to be transferred. Only those service 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 service personnel employee who desires to protest such proposed transfer may request in writing a statement of the reasons for the proposed transfer. Such statement of reasons shall be delivered to the service employee within ten (10) days of the receipt of the request. Within ten (10) days of the receipt of the statement of the reasons, the service personnel 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 15th. 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 15th shall furnish in writing to the Board a list of service personnel employees to be considered for transfer and subsequent assignment for the next ensuring 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 service personnel 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 such 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 such persons' last known addresses within ten (10) days following said Board meeting, of their having been so recommended for transfer and subsequent assignment and the reasons therefor.
	C.	Service personnel employees who are assigned to schools that require a reduction in the number of employees within a classification shall be recommended for transfer on the basis of the best interests of the schools, with consideration being given to achieving the least disruption to educational programming and the efficient operation of the schools. Provided, however, that if the identification of an employee within a classification to be recommended for transfer will have little or no effect upon educational programming or the efficient operation of the schools, the least senior employee within such classification area shall be recommended for transfer.
	D.	An aide may transfer to another position of employment one (1) time only during any one-half (1/2) of a school term, unless otherwise mutually agreed upon by the aide and the County Superintendent, or the Superintendent's designee, subject to Board approval: provided, that during the first year of employment as an aide, an aide may not transfer to another position of employment during the first one-half (1/2) school term of employment unless mutually agreed upon by the aide and County Superintendent, subject to Board approval.
	E.	After the fifth day prior to the beginning of the instructional term, no service person employed and assigned as an autism mentor or aide who works with autistic students or as a paraprofessional, interpreter or aide who works with a student with an exceptionality whose IEP requires one-on-one services may transfer to another position in the County during that instructional term unless the service person holding that position does not have valid certification. The aide, autism mentor, paraprofessional or interpreter may apply for any posted, vacant position with the successful applicant assuming the position at the beginning of the next instructional term. The County Board, upon recommendation of the Superintendent, may fill a position before the beginning of the next instructional term when it is determined to be in the best interest of the students. The County Superintendent shall notify the State Board when a service person employed in a position as autism mentor or aide working with autistic students, or as a paraprofessional, interpreter or aide who works with a student with an exceptionality whose IEP requires one-on-one services, is transferred to another position after the fifth day prior to the beginning of the instructional term.
	F.	Itinerant status means a service person who does not have a fixed work site and may be involuntarily reassigned to another work site. A service person is considered to hold itinerant status if he or she has bid upon a position posted as itinerant or has agreed to accept this status. The board may establish positions with itinerant status only within the aide and autism mentor classification categories and only when the job duties involve exceptional students. A service person with itinerant status may be assigned to a different work site upon written notice ten (10) days prior to the reassignment without the consent of the employee and without posting the vacancy. A service person with itinerant status may be involuntarily reassigned no more than twice during the school year. At the conclusion of each school year, the county board shall post and fill, pursuant to WV Code 18A-4-8b, all positions that have been filled without posting by a service person with itinerant status. A service person who is assigned to a beginning and ending work site and travels at the expense of the county board to other work sites during the daily schedule, shall not be considered to hold itinerant status.

WV Code 18A-4-8b, 18A-5-8g, 18A-4-8(r)

Revised 6/3/08
Revised 8/18/09
Revised 7/19/11