Senate Bill No. 408
(By Senator Bailey)
[Introduced March 1, 2005; referred to the Committee
on Education; and then to the Committee on Finance.]
A BILL to amend and reenact §18-5-4 of the Code of West Virginia,
1931, as amended, relating to providing members of county
boards of education are paid eighty-five dollars per day for
time spent in mandatory education.
Be it enacted by the Legislature of West Virginia:
That §18-5-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with
state and national associations.
(a) The county board shall meet on the first Monday in July,
and upon the dates provided by law for the laying of levies, and at
any other times the county board fixes upon its records. Subject
to adequate public notice, nothing herein shall prohibit the county board from conducting regular meetings in facilities within the
county other than the county board office. At any meeting as
authorized in this section and in compliance with the provisions of
article four of this chapter, the county board may employ qualified
teachers, or those who will qualify by the time they enter upon
their duties, necessary to fill existing or anticipated vacancies
for the current or next ensuing school year. At a meeting of the
county board, on or before the first Monday in May, the county
superintendent shall furnish in writing to the county board a list
of those teachers to be considered for transfer and subsequent
assignment for the next ensuing school year. All other teachers
not listed are considered as reassigned to the positions held at
the time of this meeting. The list of those recommended for
transfer shall be included in the minute record and the teachers
listed shall be notified in writing. The notice shall be delivered
in writing, by certified mail, return receipt requested, to the
teachers' last known addresses within ten days following the board
meeting, of their having been recommended for transfer and
(b) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not fewer than ten days after the budget has been made available to the
public for inspection and within a reasonable time prior to the
submission of the budget to the State Board for approval.
Reasonable time shall be granted at the hearing to any person who
wishes to speak regarding any part of the budget. Notice of the
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code.
(d) A majority of the members of the county board constitutes
the quorum necessary for the transaction of official business.
(e) Board members may receive compensation at a rate not to
exceed one hundred sixty dollars per meeting attended, but they may
not receive pay for more than fifty meetings in any one fiscal
year. Board members who serve on an administrative council of a
multicounty vocational center also may receive compensation for
attending up to twelve meetings of the council at the same rate as
or meetings of the county board. Meetings of the council are not
counted as board meetings for purposes of determining the limit on
compensable board meetings.
(f) Members also shall be paid, upon the presentation of an
itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the county board.
(g) Members also shall be reimbursed, upon presentation of an itemized sworn statement, for all necessary traveling expenses
incurred during any mandatory training sessions, and they shall
also receive eighty-five dollars a day for attendance at mandatory
When, by a majority vote of its members, a county
board considers it a matter of public interest, the county board
may join the West Virginia School Board Association and the
National School Board Association and may pay the dues prescribed
by the associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses incurred by
board members for attending meetings of the West Virginia School
Board Association may be paid by their respective county boards out
of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
NOTE: The purpose of this bill is to provide that county
board of education members receive $85 per day for mandatory
training sessions plus expenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would