Morgan County Schools
Bylaws & Policies
 

3120 - EMPLOYMENT OF PROFESSIONAL PERSONNEL

The Board of Education recognizes that it is vital to the successful operation of the School District that positions created by the Board be filled with highly qualified and competent personnel.

The employment of professional personnel shall be made by the Board only upon nomination and recommendation of the Superintendent.

The Superintendent shall provide the principal at the school at which the professional educator is to be employed an opportunity to interview all qualified applicants and make recommendations to the Superintendent regarding their employment. The West Virginia Ethics Act prohibits public school employees from participating in any hiring decisions involving relatives or cohabitating sexual partners. "Relatives" are defined as individuals who are related to the employee as father, mother, son, daughter, brother, sister, spouse, grandmother, grandfather, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law. If a faculty senate representative must recuse himself/herself for this reason, an alternate member may be appointed by the committee chair or the single designee. The Principal may not recommend for employment an individual who is related to him or her as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.

The Principal shall submit recommendations to the Superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said Principal's control. Such recommendation shall be submitted in writing as prescribed by the Superintendent. Additionally, the Principal shall receive hiring recommendations from the faculty senate at his/her school as provided in this policy and shall submit those recommendations in writing as prescribed by the superintendent. In the event that a Principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate as set forth in this policy due to illness or absence, the assistant Principal shall submit hiring recommendations.

If there is no assistant Principal, the Superintendent shall assign a designee to carry out the role of the Principal. In the event that a Principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate due to a relationship conflict stated above and as set forth in State law, the Superintendent shall assign a designee from the central office to carry out the role of the Principal. If a Principal or his/her her designated replacement does not participate in the hiring process as set forth in this policy for a particular vacancy, the right of the Principal to submit recommendations regarding employment is forfeited for that vacancy.

However, if a Principal or his/her designated replacement does not participate in the hiring process as set forth in this policy, the Principal or his/her designee must still receive any hiring recommendation made by the faculty senate and transmit that recommendation to the Superintendent. A forfeiture of the Principalís right to submit a hiring recommendation shall not be the basis for objection by any prospective employee or any other person. Nothing shall prohibit the timely employment of persons to perform necessary duties.

The faculty senate at each school may establish a process for members to interview or otherwise obtain information regarding applicants for classroom teaching vacancies that will enable the faculty senate to submit recommendations regarding employment to the Principal. A faculty senate wishing to submit hiring recommendations to the Principal shall utilize one of the processes established by West Virginia State Board of Education policy 5000 and found in AG 3120A. At the conclusion of each school semester, a faculty senate may vote to change its adopted process for the next ensuing semester. Additionally, if a faculty senate desires to make hiring recommendations over the summer break, it may use the process then in place, if any, or it may vote to adopt a different process to be used only during the summer break. Nothing herein shall be construed to require a faculty senate to participate in this recommendation process. Failure by a faculty senate to choose to one of the processes for participating in the recommendation process shall forfeit the right of the faculty senate to make employment recommendations.

Prior to participating in an interview or otherwise making any hiring recommendations pursuant to West Virginia State Board of Education policy 5000 and this policy, faculty senate hiring committees, single designees, any other faculty senate participants, and Principals must complete interview training as designated or approved by the WVDE. Once a faculty senate member or Principal has completed the designated interview training, additional training shall not be required unless the WVDE or Superintendent determines that additional training shall occur. Compensation for participation in training shall be based on the daily rate of pay for the participating classroom teacher who directly participated in the training for periods beyond his/her individual contract. Compensation for training shall not exceed one (1) hour. For the 2013-2014 school year only, Principals have until September 1st to complete the interview training designated or approved by the WVDE.

In case the Board refuses to employ any or all of the persons nominated, the Superintendent shall nominate others and submit the same to the Board at such time as the Board may direct.

All personnel so nominated and recommended for employment and for subsequent assignment shall meet the certification, licensing, training, and other eligibility classifications as may be required by law and by State Board regulations.

Professional personnel employed as deputy, associate, or assistant superintendents by the Board in offices, departments or divisions at locations other than a school and who are directly answerable to the Superintendent shall serve at the will and pleasure of the Superintendent and may be removed by the Superintendent upon approval of the Board. Such professional personnel shall retain seniority rights only in the area or areas in which they hold valid certification or licensure.

"Professional personnel" means persons who meet the certification requirements of the State, licensing requirements of the State or both and includes the professional educator and other professional employees.

 

A.

"Professional educator" has the same meaning as "teacher" as defined in section one (18-1-1), article one, chapter eighteen of the WV Code. Professional educators shall be classified as:

   
 

1.

"Classroom teacher" means a professional educator who has a direct instructional or counseling relationship with students, spending the majority of his/her time in this capacity;

   
 

2.

"Principal" means a professional educator who, as agent of the County Board, has responsibility for the supervision, management, and control of a school or schools within the guidelines established by the County Board. The major area of the responsibility shall be the general supervision of all the schools and all school activities involving students, teachers, and other school personnel;

   
 

3.

"Supervisor" means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and

   
 

4.

"Central Office Administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators, whether by these or other appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school system.

     
 

B.

"Other professional employee" means a person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse, licensed by the West Virginia Board of Examiners for registered professional nurses.

All applications for employment shall be referred to the Superintendent.

The spouse of the Superintendent or a Board member may not be employed by the Board in any professional position of employment except Principal or classroom teacher. If a Board member's spouse is being considered for such employment, the Board member must not participate in any way in the discussion or vote and must leave the Board meeting during such discussion and vote. If the Superintendent's spouse is being considered, the Superintendent must not participate in the discussion.

The Board will not employ the unemancipated children or, except for a spouse, a dependent (IRS criteria) of the Superintendent or any member of the Board. Otherwise, the Board may employ a memberís or the Superintendent's relatives, including his/her parent or parent-in-law, brother or sister, brother-in-law or sister-in-law, child, son-in-law or daughter-in-law, grandparent, or grandchild. When any such relative of a Board member is employed as a professional employee, the related Board member shall not participate in any way in the discussion or vote on the employment, and the Board member shall leave the Board meeting during the discussion and vote. Likewise, when any such relative of the Superintendent is employed, the Superintendent shall not participate in any way in the discussion. Thereafter, the affected Board member may not vote on a personnel matter involving such a relative unless the matter affects the relative as a member of a profession or occupation, or as a member of a class of at least five (5) persons.

Any person who intentionally misstates facts material to his/her qualifications for employment or the determination of salary shall be subject to dismissal by the Board.

Applications for employment will not be accepted from any current Board member. If a Board member wishes to apply for a position, his/her resignation must be accepted by the Board prior to submitting an application and circumstances must be such as to avoid the Board memberís apparent use of his/her authority or influence as a Board member to secure the employment position. Employment, as used herein, shall not include volunteer positions for which no compensation is paid.

A county board of education shall make decisions affecting the filling of vacancies in professional positions of employment on the basis of the applicant with the highest qualifications.

In judging qualifications for the filling of vacancies of professional positions of employment consideration shall be given to each of the following:

 

A.

appropriate certification, licensure, or both

   
 

B.

amount of experience relevant to the position; or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area

   
 

C.

the amount of course work and/or degree level in the relevant field and degree level generally

   
 

D.

academic achievement

   
 

E.

in the case of a classroom teaching position or the position of Principal, certification by the National Board for Professional Teaching Standards

     
 

F.

specialized training relevant to the performance of the duties of the job

   
 

G.

past performance evaluations conducted pursuant to WV Code 18A-2-12 and 18A-3C-2 or, in the case of a classroom teacher, past evaluations of the applicant's performance in the teaching profession as a certified educator

   
 

H.

seniority

     
 

I.

other measures or indicators upon which the relative qualifications of the applicant may fairly be judged

   
 

J.

in the case of a classroom teaching position, the recommendation of the Principal of the school at which the applicant will be performing a majority of his/her duties, and

   
 

K.

in the case of a classroom teaching position, the recommendation, if any, resulting from the process established pursuant to WV Code 18-5A-5 by the faculty senate of the school at which the employee will be performing a majority of his/her duties

The Board is free, within its discretion, to assign whatever weight it wishes to each of the above criterion when assessing an applicant's qualifications; however, if one (1) or more permanently employment instructional personnel apply for a classroom teaching position and meet the standards set forth in the job posting, each criterion above shall be given equal weight except that the criterion J. and K. shall each be double weighted. This shall apply when the faculty senate and the Principal do not agree on a recommendation, when either the faculty senate or Principal forfeit or cannot make a recommendation, or when the Superintendent does not concur with the recommendation of the Principal and the faculty senate

For a classroom teaching position, if the Principal and faculty senate recommendations are for the same applicant, and the Superintendent concurs with that recommendation, then the Board shall appoint that applicant notwithstanding any other provision of WV Code to the contrary.

Classroom teachers who directly participate in making recommendations for filling classroom teaching positions pursuant to the options set forth in this policy for periods beyond his/her individual contract shall be compensated based on his/her daily rate of pay, prorated to an hourly rate. The Principal shall require that the participating teachers keep time sheets documenting the actual time spent on the recommendation process and shall verify that the time sheets are accurate before submitting them for payment. In no event shall a teacher be entitled to payment for more than two (2) hours per position. However, if there are more than four (4) qualified applicants for a single classroom teacher position who are selected for an interview by the hiring committee chair or single designee, the faculty senate members participating in the interviews may be compensated for an additional hour for actual time spent on the interview process for that position.

When making recommendations, the Faculty Senate and Principal shall consider each criterion listed in A-I above to determine which of the applicants is the highest qualified for the position. The Principal or faculty senate is not required to assign any amount of weight to any factor.

Principals and faculty senate chairs or single designees shall complete the applicable hiring recommendation forms (see Form 3120 F3 and Form 3120 F4) and shall submit a completed form as documentation of the recommendation. Other than the recommendation form, no other matrix or documentation of the selection shall be required.

Any professional educator who is employed within the public school system of this State shall hold a valid teaching certificate licensing him/her to teach in the specializations and grade levels shown on the certificate for the period of his/her employment.

As provided in WV Code Section 18-5A-5(b)(2), the processes and procedures set forth in this policy are designed to be effective and consistent among schools and counties and are designed to avoid litigation or grievance. To that end, this policy is designed to allow teachers to be meaningfully involved in the hiring recommendation process in an open and honest manner without fear of reprisal, retaliation or coercion and to minimize lost instructional time and classroom disruption.

These criteria shall be utilized in making hiring decisions for any classroom teacher hired on or after July 1, 2013.

Notwithstanding any other provision of State law to the contrary, upon recommendation of the Principal and approval by the classroom teacher and the 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.

Notwithstanding any provision of WV Code to the contrary, all employees subject to release shall be considered applicants for any vacancy in an established, existing or newly created position that, on or before February 15th is known to exist for the next ensuing school year, and for which they are qualified, and, upon recommendation of the Superintendent, the Board shall appoint the successful applicant from among them before posting such vacancies for application by other persons. This provision shall not preclude a county board of education from posting and filling vacancies that exist in the current school year nor shall it supersede or alter the operation of WV Code 18A-4-8f or WV Code 18A-4-8i.

The Superintendent shall prepare administrative guidelines for the recruitment and selection of all professional staff.

All teachers delivering instruction in the core academic subject areas must meet the NCLB definition of highly qualified teacher.

The core academic subjects include the arts, reading/language arts, English, foreign language, mathematics, science, civics and government, economics, geography, and history. West Virginia defines the arts as dance, music, theater, and visual art.

"Highly Qualified" means a:

 

A.

West Virginia Public School Teacher who:

   
 

1.

has a bachelor's degree or higher; and,

   
 

2.

meets State certification requirements, including those certified through a WVBE approved alternative route to certification program, with an endorsement(s) in the core academic subject(s) being taught; and

   
 

3.

demonstrates subject matter competency by:

   
 

a.

passing the State competency test for which a State minimum score was established by the WVBE in the content area(s); or

   
 

b.

having an academic major or advanced credential(s) in the subject taught as defined in WV Code 126-136-4.4 and WV Code 126-136-4.6, respectively; or

   
 

c.

satisfying West Virginia's HOUSSE definition defined below, provided the individual previously held the appropriate license to deliver instruction in the core academic subject, but was not assigned to do so prior to the year in which the evaluation is conducted.

     
 

B.

Title I Reading Teacher Ė According to the No Child Left Behind guidelines, a Title I reading teacher is considered highly qualified if s/he holds certification in elementary education or multi-subjects. For State certification as a Title I reading teacher, the WVBE requires a masterís degree in reading specialist, completion of a graduate level reading specialist program, a reading authorization, or completion of a reading endorsement program. The reading endorsement can be granted only to individuals who hold a professional teaching certificate. The reading endorsement shall reflect those grade levels that appear on the individual's professional teaching certificate.

   
 

C.

Special Education Teacher Ė A special education teacher who is responsible for providing instruction and course credit for any course included in the No Child Left Behind defined core academic subject areas for students with exceptionalities must hold a minimum of a bachelor's degree, must meet State certification requirements with the appropriate endorsement in special education, and demonstrate subject matter competency in order to be considered highly qualified.

   
 

Dependent upon his/her position, a special education teacher can demonstrate subject matter competency in one of the following ways:

   
 

1.

A special education teacher providing instruction to students with significant cognitive disabilities who take the West Virginia Alternate Assessment can demonstrate subject matter competence by successfully completing the Praxis II test required for Elementary Education OR by using the State's HOUSSE option, provided the individual previously held the appropriate license to teach students with significant cognitive disabilities but was not assigned to do so prior to the year in which the evaluation is conducted.

   
 

2.

An elementary special education teacher providing instruction at the elementary level can demonstrate subject matter competence by successfully completing the Praxis II test required for Elementary Education OR by using the State's HOUSSE option, provided the individual previously held the appropriate license to teach students at the elementary level but was not assigned to do so prior to the year in which the evaluation is conducted.

     
 

3.

A consultative special education teacher working in a collaborative role with a highly qualified general education teacher is considered highly qualified. The duties of a consultative special education teacher may include:

   
 

a.

reviewing and re-teaching prerequisite skills;

   
 

b.

organizing previously introduced material;

   
 

c.

reinforcing previously introduced material;

   
 

d.

adapting curricular for easier access;

   
 

e.

assisting with long-term assignments;

   
 

f.

targeting learning strategies to ensure content knowledge acquisitional; and

   
 

g.

modifying assessment(s) in accordance with the individualized education plan. The consultative special education teacher is not the teacher of record for students to whom s/he is providing services.

   
 

4.

A secondary special education teacher who is highly qualified to teach mathematics, English or science may use the subject matter test required for any other specialization they may be assigned to teach to demonstrate subject matter competence or use the State's HOUSSE option.

HIGH OBJECTIVE UNIFORM STATE STANDARD OF EVALUATION (HOUSSE)

High Objective Uniform State Standard of Evaluation (HOUSSE) is an optional method of documenting subject matter competency in a core academic subject(s) for a teacher in order to meet the definition of highly qualified teacher. Section I of the Teacher Evaluation Form (Form 3220 F1) identified in West Virginia State Board of Education policy 5310, Performance Evaluation of School Personnel, that addresses a teacher's knowledge of the subject has been designated as West Virginia's HOUSSE. A general education teacher not new to the profession and a special education teacher eligible to use HOUSSE as defined in West Virginia State Board of Education policy 5202 may use a rating of "meets standards" or higher on Section I of the Teacher Evaluation Form (West Virginia State Board of Education policy 5310) to document his/her subject matter competency in order to meet the definition of highly qualified teacher in the content area being evaluated that year. Special Education Teachers who must rely on HOUSSE to demonstrate subject matter competency may use WVBE-approved professional development for the purpose of demonstrating subject matter competence or complete the appropriate Praxis II exam for the 5-Adult programmatic level.

REQUIREMENTS FOR TEACHERS IN COUNTIES RECEIVING TITLE I FUNDING

All teachers in the County receiving Title I funds shall be "highly qualified" as described above. The Board must have a plan and show annual progress towards meeting these teacher qualification requirements.

West Virginia State Board of Education policy 5000, policy  5202 and policy 5310
WV Code 18-1-1, 18-4-10(2), 18A-1-1, 18A-2-1, 18A-2-3, 18A-2-12, 18A-4-7a and b
20 U.S.C. 6319
20 U.S.C. 7801

Revised 12/9/14

© Neola 2014