H. B. 2312
(By Delegates Prezioso, Proudfoot and Stewart)
[Introduced March 1, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact section four, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to county boards of education;
public inspection of and public hearing on the preliminary
operating budget.
Be it enacted by the Legislature of West Virginia:
That section four, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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.
The board shall meet on the first Monday of January, except
that in the year one thousand nine hundred eighty-two, and every
year thereafter, the board shall meet on the first Monday of
July, and upon the dates provided by law for the laying oflevies, and at such other times as the board may fix upon its
records. At any meeting as authorized above and in compliance
with the provisions of article four of this chapter, the board
may employ such qualified teachers, or those who will qualify by
the time of entering upon their duties, necessary to fill
existing or anticipated vacancies for the current or next ensuing
school year. At a meeting of the board, on or before the first
Monday of May, the superintendent shall furnish in writing to the
board a list of those teachers to be considered for transfer and
subsequent assignment for the next ensuing school year; all other
teachers not so listed shall be considered as reassigned to the
positions held at the time of this meeting. Such list of those
recommended for transfer shall be included in the minute record
and the teachers so listed shall be notified in writing, which
notice shall be delivered in writing, by certified mail, return
receipt requested, to such teachers' last-known addresses within
ten days following said board meeting, of their having been so
recommended for transfer and subsequent assignment.
Special meetings may be called by the president or any three
members, but no business shall be transacted other than that
designated in the call.
In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not less
than ten days after such budget has received tentative approval
by the West Virginia board of education been made available to
the public for inspection and within a reasonable time prior tothe submission of the budget to the West Virginia board of
education for approval and at such hearing reasonable time shall
be granted to any person or persons who wish to speak regarding
parts or all of such budget. Notice of such hearing shall be
published as a Class I legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code.
A majority of the members shall constitute the quorum
necessary for the transaction of official business.
Board members may receive compensation at a rate not to
exceed eighty dollars per meeting attended. But they shall not
receive pay for more than fifty-two meetings in any one fiscal
year.
Members shall also 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 board.
When, by a majority vote of its members, a county board of
education deems it a matter of public interest, such board may
join the West Virginia school board association and the national
school board association, and may pay such dues as may be
prescribed by said associations and approved by action of the
respective county boards. Membership dues and actual traveling
expenses of board members for attending meetings of the West
Virginia school board association may be paid by their respective
county boards of education out of funds available to meet actual
expenses of the members, but no allowance shall be made exceptupon sworn itemized statements.
NOTE: The purpose of this bill is to require the public
hearing concerning the preliminary operating budget of a county
board of education for the next fiscal year to be made available
to the public for inspection and within a reasonable time prior
to the submission of the budget to the West Virginia Board of
Education for approval.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.