All 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 list and shall be recalled to employment by the Board on the basis of seniority.

When an employee has been employed in one (1) or more classifications, the seniority accrued in each previous classification shall be retained by the employee.

Employees placed upon the preferred list shall be recalled to any position openings by the Board within the classification(s), where they had previously been employed, or to any lateral position for which the employee is qualified or to a lateral area for which an employee has certification and/or licensure.

Employees on the preferred recall list shall not forfeit their right to recall by the Board if compelling reasons require an employee to refuse an offer of reemployment by the Board.

The Board shall notify all employees on the preferred recall list of all position openings. The notice shall be sent by certified mail to the last known address of the employee. It is the duty of each such employee to notify the Board of any change in the address.

No position openings may be filled by the Board, whether temporary or permanent, until all employees on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.

An employee released from employment for lack of need as provided in sections (WV 18A-2-8a or WV 18A-2-6) shall be accorded preferred recall status on the first day of July of the succeeding school year if the employee has not been reemployed as a regular employee.

If, prior to the first day of August of the year a reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force or transfer and shall notify the released employee in writing of his/her right to be restored to his/her position of employment. Within five (5) days of being so notified, the released employee shall notify the board, in writing, of his/her intent to resume his/her position of employment or the right to be restored shall terminate. 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and higher seniority, that person shall be placed in the position restored as a result of the reduction in force being rescinded.

Any Board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the Board for court costs and the prevailing party’s reasonable attorney fee, as determined and established by the court.

Further, employees denied promotion or employment in violation of this policy shall be awarded the job, pay and any applicable benefits retroactively to the date of the violation and shall be paid entirely from local funds. Further, the Board is liable to any party prevailing against the Board for any court reporter costs including copies of transcripts.

WV 18A-4-7A
WV 18A-4-8B