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Introduced Version House Bill 2349 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2349


(By Delegate Paxton)
[Introduced February 13, 2009; referred to the
Committee on Education.]




A BILL to amend and reenact §18-2-13f of the Code of West Virginia, 1931, as amended, relating to continuing contract status for teachers established and dismissal and suspension procedures.

Be it enacted by the Legislature of West Virginia:
That §18-2-13f of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-13f. Responsibility for administration and provision of educational services in state correctional institutions; continuing contract status established; dismissal and suspension procedures.

The state board is responsible for the administration of programs for the education of all institutionalized school-age juveniles within facilities operated by the Division of Corrections. School-age juvenile means in this article any individual who would, if not institutionalized, be entitled to attend the public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter. To strengthen the administration of educational programs, there shall be: (1) A full-time principal or lead teacher at each department of corrections facility having any school-age juveniles and (2) a full-time director of educational services for institutionalized school-age juveniles employed by the Department of Education. Such principal or lead teacher shall be employed by and responsible to the director of educational services.
Classroom teachers and other school personnel shall be hired and provided as necessary to all institutionalized juveniles by the State Department of Education to the extent necessary to provide adequate and appropriate educational opportunity.
All teachers shall execute a contract with the State Board of Education, which contract shall state the salary to be paid and shall be in the form prescribed by the State Superintendent of Schools. Every contract shall be signed by the teacher and by the president and secretary of the State Board of Education.
A teacher's contract under this section, shall be for a term of not less than one nor more than three years. If, after three years of such employment, the teacher who holds a professional certificate based on at least a bachelor's degree, has met the qualifications required and the board of education enters into a new contract of employment, it shall be a continuing contract.
Notwithstanding any other provisions of law, the State Board of Education may suspend or dismiss any teacher subject to the provisions of this article, with continuing contract status, for immorality, incompetency, cruelty, insubordination, intemperance or willful neglect of duty, but the charges shall be stated in writing and the teacher affected shall be given an opportunity to be heard by the state board upon not less than ten day's written notice, which charges and notice shall be served on the teacher within five days of the presentation of the charges to the state board. The hearing may be held at a regular meeting of the state board or at a special meeting called for that purpose.
The state board may employ such auxiliary and service personnel as it considers necessary for meeting the educational needs of the institutional schools. Before entering upon their duties these personnel shall execute with the board a written contract which may be in a letter form and shall state the classification and terms of work, the employment period and pay, and shall certify that the employment has been made a matter of minute record. The letter shall provide space for an acceptance provision and shall be signed and returned to the board by the employee or otherwise he or she shall forfeit his or her right to employment.
After three years of acceptable employment each auxiliary and service personnel, at the end of his or her contractual period of employment, shall be notified in writing on or before May 1 in the year in which such employment shall terminate if he or she is not to be reemployed for the ensuing year. The notice shall be by certified mail, return receipt requested, and the employee has the right of a hearing before the state board, if requested, before final action is taken by the board upon the termination of such employment.
Adequate and appropriate educational opportunity requires education services for institutionalized school-age juveniles on a twelve-month basis, excepting only normal school holidays and those additional days determined by the State Board of Education in consultation with the appropriate department head to be necessary. School personnel shall be responsible to the principal or lead teacher while providing educational services but shall comply with rules established by the Division of Corrections to ensure security and safety in the facility. Educational personnel employed at and by correctional facilities and institutions shall be permitted to transfer to comparable positions as school personnel of the State Department of Education if those personnel meet the qualifications established for those positions by the State Department of Education. The daily rate of pay of educational personnel employed by the State Department of Education shall be equivalent to the daily rate of pay of the comparable position in the public schools of the county where the institution is located.
There shall be a separate line item account of the budget of the State Department of Education for the education of institutionalized school-age juveniles. All money that the Legislature may annually appropriate for that purpose shall be placed into this account. This account shall be used solely for the education of such juveniles. Money for education of juveniles in the Division of Corrections shall be deposited in that account and accounted for separately.



NOTE: The purpose of this bill is to provide for continuing contract status for teachers and establish dismissal and suspension procedures.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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