Morgan County Schools
Bylaws & Policies

3130.01 - TRANSFER

The Superintendent, subject only to approval of the Board of Education, shall have authority to transfer professional personnel. However, the employee shall be notified in writing by the Superintendent on or before February 1st if s/he is being considered for transfer or to be transferred.

Only those professional personnel 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 professional personnel employee who desires to protest such proposed transfer may request in writing a statement of the reasons for the proposed transfer. The statement of reasons shall be delivered to the 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 employee may make written demand upon the Superintendent for a hearing on the proposed transfer before the Board. 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.

The Superintendent at a meeting of the Board on or before March 15th shall furnish in writing to the Board a list of 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 this policy may not be included on the list. All other 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 request, to such personís last known address within ten (10) days following said Board meeting, of their having been so recommended for transfer and subsequent assignment and the reasons for such transfer.

After the fifth day prior to the beginning of the instructional term, no person employed and assigned to a professional position may transfer to another professional position in the County during that instructional term unless the person holding that position does not have valid certification subject to the following:

 A.The person may apply for any posted, vacant positions with the successful applicant assuming the position at the beginning of the next instructional term.

 B.Professional personnel who have been on an approved leave of absence may fill these vacancies upon their return from the approved leave of absence.

 C.The Board, upon recommendation of the Superintendent may fill a position before the next instructional term when it is determined to be in the best interest of the students. The Superintendent shall notify the State Board of each transfer of a person employed in a professional position to another professional position after the fifth day prior to the beginning of the instructional term. The Legislature finds that it is not in the best interest of the students particularly in the elementary grades to have multiple teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the filling of positions through transfers of personnel from one professional position to another after the fifth day prior to the beginning of the instructional term should be kept to a minimum.

WV Code 18A-2-7, and 18A-4-7a

Revised 6/1/10