Before entering upon their duties, all teachers shall execute a contract with the state board, which contract shall state the salary to be paid and shall be in the form prescribed by the state superintendent. Every such contract shall be signed by the teacher and by the president and secretary of the state board.
A teacher's contract, under this section, shall be for a term of not less than one nor more than three years; and 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 for the same, and the state board enter into a new contract of employment, it shall be a continuing contract.
Notwithstanding any other provisions of law, the state board
may suspend or dismiss any teacher, auxiliary personnel or service
personnel, subject to the provisions of this article, for
immorality, incompetency, cruelty, insubordination, intemperance or
willful neglect of duty. The charges shall be stated in writing
and the teacher, auxiliary personnel or service personnel affected
shall be given an opportunity to be heard by the state board,
sitting as a hearing board, or by an assigned hearing examiner
employed by the state board to preside at the taking of evidence
upon not less than ten days' written notice. A hearing examiner
shall prepare his or her own proposed finding and recommendation,
make copies of the findings available to the parties and then submit the entire record to the state board for final decision.
The state board shall set a time and place for hearing of arguments
by the parties on the record at a regular meeting of the state
board or at a special meeting called for that purpose and shall
deliberate and issue a decision at the conclusion of arguments.
Written notice of the final decision shall be served within five
days of the state board's consideration of the matter.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.