(1) At the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons.
(2) The appointment of the county superintendent shall be made between January 1 and June 1 for a term beginning on July 1 following the appointment.
(b) In the event of a vacancy in the superintendent's position that results in an incomplete term, the board may appoint an interim county superintendent:
(1) To serve until the following July 1 if the vacancy occurs before March 1.
(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1, unless a superintendent is appointed sooner.
(c) If the superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the county board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the county board shall appoint an acting superintendent to serve until a majority of the members of the board determine that the incapacity no longer exists. An acting superintendent may not serve in that capacity for more than one year, nor later than the expiration date of the superintendent's term, whichever occurs sooner, unless he or she is reappointed by the county board.
(d) Immediately following the appointment of a county superintendent or an interim county superintendent, the president of the county board shall certify the appointment to the state superintendent. Immediately following the appointment of an acting county superintendent or a vote by a majority of the members of the county board that an incapacity no longer exists, the president of the county board shall certify the appointment, reappointment, or appointment termination of the acting superintendent to the state superintendent.
(e) During his or her term of appointment, the county superintendent shall be a state resident and shall reside in the county which he or she serves or in a contiguous county. The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
(1) A superintendent who holds a first class permit may be appointed for one year only, and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent;
(2) Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and either has completed three successful years of teaching in public education or has the equivalent of three years of experience in management or supervision as defined by state board rule, after employment by the county board shall be granted a permanent administrative certificate and shall be a licensed county superintendent;
(3) The state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, to address those cases where a county board finds that course work needed by the county superintendent who holds a first class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit; and
(4) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
(b) In addition to other requirements set forth in this section, a county superintendent shall meet the following health-related conditions of employment:
(1) Before entering upon the discharge of his or her duties, file with the president of the county board a certificate from a licensed physician certifying the following:
(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the director of the department of health, has been made within four months prior to the beginning of the term of the county superintendent; and
(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;
(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;
(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.
(b) At a minimum, the evaluation process shall require the county superintendent and county board to establish written goals or objectives for the county superintendent to accomplish within a given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools.
(c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance, personnel relations, curricular standards and programs and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in executive session. At the conclusion of the evaluation, the county board shall make available to the public a general statement about the evaluation process and the overall result. Additional information about the evaluation may be released only by mutual consent of the county superintendent and the county board. The county board may use the evaluation results to determine:
(1) Whether to extend the contract of the county superintendent;
(2) Whether to offer the county superintendent a new contract; and
(3) The level of compensation or benefits to offer the county superintendent in any new or extended contract.
(1) Act as the chief executive officer of the county board as may be delineated in his or her contract or other written agreement with the county board, and, under the direction of the state board, execute all its education policies;
(2) Nominate all personnel to be employed; in case the county board refuses to employ any or all of the persons nominated, the county superintendent shall nominate others and submit the same to the county board at a time the county board may direct. No person or persons shall be employed except on the nomination of the county superintendent;
(3) Assign, transfer, suspend or promote teachers and all other school employees of the district, subject only to the approval of the county board, and to recommend to the county board their dismissal pursuant to the provisions of this chapter;
(4) Report promptly to the county board in such manner as it directs whenever any school in the district appears to be failing to meet the standards for improving education established pursuant to section five, article two-e of this chapter;
(5) Close a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers and employees;
(7) Serve as the secretary of the county board and attend all meetings of the county board or its committees, except when the tenure, salary or administration of the county superintendent is under consideration;
(8) Administer oaths and examine witnesses under oath in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;
(9) Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions;
(10) Exercise all other authority granted by this chapter or required by the county board or state board; and
(11) In case of emergency, act as the best interests of the school demand. An emergency, as contemplated in this section, is limited to an unforeseeable, catastrophic event including natural disaster or act of war and nothing in this section may be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of his or her emergency power except where such authority is specifically granted in the particular code section.
(1) Visit the schools as often as practicable; observe and make suggestions concerning the instruction and classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect of duty, immorality or misconduct in office of any teacher or employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the district;
(5) Report to the county board the progress and general condition of the schools;
(6) Make reports as required by the state superintendent. In case the county superintendent fails to report as required, the state superintendent may direct that the salary of the county superintendent be withheld until an acceptable report is received; and
(7) Perform all other duties prescribed in this chapter or required by the county board or the state board.
Effective July 1, 2008, through June 30, 2011, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 2011-12 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
|
2008-09 STATE MINIMUM SALARY SCHEDULE |
||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|
Years Exp.
|
4th Class
|
3rd Class
|
2nd Class
|
A.B. +15
|
M.A. +15
|
M.A. +30
|
M.A. +45
|
Doc-
torate
|
||
|
A.B.
|
M.A.
|
|||||||||
| 0 | 25,651 | 26,311 | 26,575 | 27,827 | 28,588 | 30,355 | 31,116 | 31,877 | 32,638 | 33,673 |
| 1 | 25,979 | 26,639 | 26,903 | 28,345 | 29,106 | 30,874 | 31,635 | 32,395 | 33,156 | 34,191 |
| 2 | 26,308 | 26,967 | 27,231 | 28,864 | 29,625 | 31,392 | 32,153 | 32,914 | 33,675 | 34,710 |
| 3 | 26,636 | 27,295 | 27,559 | 29,383 | 30,143 | 31,911 | 32,672 | 33,432 | 34,193 | 35,228 |
| 4 | 27,208 | 27,867 | 28,131 | 30,145 | 30,906 | 32,674 | 33,435 | 34,195 | 34,956 | 35,991 |
| 5 | 27,536 | 28,195 | 28,459 | 30,664 | 31,425 | 33,192 | 33,953 | 34,714 | 35,475 | 36,510 |
| 6 | 27,864 | 28,523 | 28,787 | 31,182 | 31,943 | 33,711 | 34,472 | 35,232 | 35,993 | 37,028 |
| 7 | 28,192 | 28,852 | 29,115 | 31,701 | 32,462 | 34,229 | 34,990 | 35,751 | 36,512 | 37,547 |
| 8 | 28,520 | 29,180 | 29,444 | 32,219 | 32,980 | 34,748 | 35,509 | 36,269 | 37,030 | 38,065 |
| 9 | 28,848 | 29,508 | 29,772 | 32,738 | 33,499 | 35,266 | 36,027 | 36,788 | 37,549 | 38,584 |
| 10 | 29,177 | 29,836 | 30,100 | 33,258 | 34,018 | 35,786 | 36,547 | 37,308 | 38,068 | 39,103 |
| 11 | 29,505 | 30,164 | 30,428 | 33,776 | 34,537 | 36,305 | 37,065 | 37,826 | 38,587 | 39,622 |
| 12 | 29,833 | 30,492 | 30,756 | 34,295 | 35,055 | 36,823 | 37,584 | 38,345 | 39,105 | 40,140 |
| 13 | 30,161 | 30,820 | 31,084 | 34,813 | 35,574 | 37,342 | 38,102 | 38,863 | 39,624 | 40,659 |
| 14 | 30,489 | 31,148 | 31,412 | 35,332 | 36,092 | 37,860 | 38,621 | 39,382 | 40,142 | 41,177 |
| 15 | 30,817 | 31,476 | 31,740 | 35,850 | 36,611 | 38,379 | 39,139 | 39,900 | 40,661 | 41,696 |
| 16 | 31,145 | 31,804 | 32,068 | 36,369 | 37,129 | 38,897 | 39,658 | 40,419 | 41,179 | 42,214 |
| 17 | 31,473 | 32,133 | 32,396 | 36,887 | 37,648 | 39,416 | 40,177 | 40,937 | 41,698 | 42,733 |
| 18 | 31,801 | 32,461 | 32,725 | 37,406 | 38,167 | 39,934 | 40,695 | 41,456 | 42,217 | 43,252 |
| 19 | 32,129 | 32,789 | 33,053 | 37,924 | 38,685 | 40,453 | 41,214 | 41,974 | 42,735 | 43,770 |
| 20 | 32,457 | 33,117 | 33,381 | 38,443 | 39,204 | 40,971 | 41,732 | 42,493 | 43,254 | 44,289 |
| 21 | 32,786 | 33,445 | 33,709 | 38,961 | 39,722 | 41,490 | 42,251 | 43,011 | 43,772 | 44,807 |
| 22 | 33,114 | 33,773 | 34,037 | 39,480 | 40,241 | 42,008 | 42,769 | 43,530 | 44,291 | 45,326 |
| 23 | 33,442 | 34,101 | 34,365 | 39,999 | 40,759 | 42,527 | 43,288 | 44,048 | 44,809 | 45,844 |
| 24 | 33,770 | 34,429 | 34,693 | 40,517 | 41,278 | 43,046 | 43,806 | 44,567 | 45,328 | 46,363 |
| 25 | 34,098 | 34,757 | 35,021 | 41,036 | 41,796 | 43,564 | 44,325 | 45,086 | 45,846 | 46,881 |
| 26 | 34,426 | 35,085 | 35,349 | 41,554 | 42,315 | 44,083 | 44,843 | 45,604 | 46,365 | 47,400 |
| 27 | 34,754 | 35,413 | 35,677 | 42,073 | 42,833 | 44,601 | 45,362 | 46,123 | 46,883 | 47,918 |
| 28 | 35,082 | 35,742 | 36,005 | 42,591 | 43,352 | 45,120 | 45,880 | 46,641 | 47,402 | 48,437 |
| 29 | 35,410 | 36,070 | 36,334 | 43,110 | 43,870 | 45,638 | 46,399 | 47,160 | 47,920 | 48,955 |
| 30 | 35,738 | 36,398 | 36,662 | 43,628 | 44,389 | 46,157 | 46,917 | 47,678 | 48,439 | 49,474 |
| 31 | 36,067 | 36,726 | 36,990 | 44,147 | 44,908 | 46,675 | 47,436 | 48,197 | 48,957 | 49,992 |
| 32 | 36,395 | 37,054 | 37,318 | 44,665 | 45,426 | 47,194 | 47,955 | 48,715 | 49,476 | 50,511 |
| 33 | 36,723 | 37,382 | 37,646 | 45,184 | 45,945 | 47,712 | 48,473 | 49,234 | 49,995 | 51,030 |
| 34 | 37,051 | 37,710 | 37,974 | 45,702 | 46,463 | 48,231 | 48,992 | 49,752 | 50,513 | 51,548 |
| 35 | 37,379 | 38,038 | 38,302 | 46,221 | 46,982 | 48,749 | 49,510 | 50,271 | 51,032 | 52,067 |
(b) To assist the state in meeting its objective of salary
equity among the counties, as defined in subsection (a) of this
section, on and after July 1, 1984, subject to available state
appropriations and the conditions set forth herein, each teacher
and school service personnel shall receive a supplemental amount in
addition to the amount from the state minimum salary schedules
provided for in this article.
(c) State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code. The amount allocated for
salary equity shall be apportioned between teachers and school
service personnel in direct proportion to that amount necessary to
support the professional salaries and service personnel salaries
statewide under sections four, five and eight, article nine-a,
chapter eighteen of this code.
(d) Pursuant to this section, each teacher and school service
personnel shall receive the amount indicated on the applicable
State Equity Supplement Schedule or Pay Scale for 2010-11,
maintained by the West Virginia Department of Education, reduced by
any amount provided by the county as a salary supplement for
teachers and school service personnel on January 1, 1984: Provided,
That effective July 1, 2011, the amounts indicated on the State
Equity Supplement Pay Scale for service personnel is increased by
$37 across-the-board.
(e) The amount received pursuant to this section shall not be
decreased as a result of any county supplement increase instituted
after January 1, 1984: Provided, That any amount received pursuant
to this section may be reduced proportionately based upon the
amount of funds appropriated for this purpose. No county may
reduce any salary supplement that was in effect on January 1, 1984,
except as permitted by sections five-a and five-b of this article.
(f) During its 2011 interim meetings, the Legislative
Oversight Commission on Education Accountability shall conduct a
study on whether a recommendation should be made to the Legislature
for establishing the State Equity Supplement Schedule and the State
Equity Supplement Pay Scale in statute.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
2011-12 STATE MINIMUM SALARY SCHEDULE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(b) Six hundred dollars shall be paid annually to each
classroom teacher who has at least twenty years of teaching
experience. The payments: (i) Shall be in addition to any amounts
prescribed in the applicable state minimum salary schedule; (ii)
shall be paid in equal monthly installments; and (iii) shall be
considered a part of the state minimum salaries for teachers.
Years
4th
3rd
2nd
A.B.
M.A.
M.A.
M.A.
Doc-
Exp.
Class
Class
Class
A.B.
+15
M.A.
+15
+30
+45
torate
0
26,917
27,606
27,872
29,315
30,076
31,843
32,604
33,365
34,126
35,161
1
27,245
27,934
28,200
29,833
30,594
32,362
33,123
33,883
34,644
35,679
2
27,574
28,262
28,528
30,352
31,113
32,880
33,641
34,402
35,163
36,198
3
27,902
28,590
28,856
30,871
31,631
33,399
34,160
34,920
35,681
36,716
4
28,474
29,162
29,428
31,633
32,394
34,162
34,923
35,683
36,444
37,479
5
28,802
29,490
29,756
32,152
32,913
34,680
35,441
36,202
36,963
37,998
6
29,130
29,818
30,084
32,670
33,431
35,199
35,960
36,720
37,481
38,516
7
29,458
30,147
30,412
33,189
33,950
35,717
36,478
37,239
38,000
39,035
8
29,786
30,475
30,741
33,707
34,468
36,236
36,997
37,757
38,518
39,553
9
30,114
30,803
31,069
34,226
34,987
36,754
37,515
38,276
39,037
40,072
10
30,443
31,131
31,397
34,746
35,506
37,274
38,035
38,796
39,556
40,591
11
30,771
31,459
31,725
35,264
36,025
37,793
38,553
39,314
40,075
41,110
12
31,099
31,787
32,053
35,783
36,543
38,311
39,072
39,833
40,593
41,628
13
31,427
32,115
32,381
36,301
37,062
38,830
39,590
40,351
41,112
42,147
14
31,755
32,443
32,709
36,820
37,580
39,348
40,109
40,870
41,630
42,665
15
32,083
32,771
33,037
37,338
38,099
39,867
40,627
41,388
42,149
43,184
16
32,411
33,099
33,365
37,857
38,617
40,385
41,146
41,907
42,667
43,702
17
32,739
33,428
33,693
38,375
39,136
40,904
41,665
42,425
43,186
44,221
18
33,067
33,756
34,022
38,894
39,655
41,422
42,183
42,944
43,705
44,740
19
33,395
34,084
34,350
39,412
40,173
41,941
42,702
43,462
44,223
45,258
20
33,723
34,412
34,678
39,931
40,692
42,459
43,220
43,981
44,742
45,777
21
34,052
34,740
35,006
40,449
41,210
42,978
43,739
44,499
45,260
46,295
22
34,380
35,068
35,334
40,968
41,729
43,496
44,257
45,018
45,779
46,814
23
34,708
35,396
35,662
41,487
42,247
44,015
44,776
45,536
46,297
47,332
24
35,036
35,724
35,990
42,005
42,766
44,534
45,294
46,055
46,816
47,851
25
35,364
36,052
36,318
42,524
43,284
45,052
45,813
46,574
47,334
48,369
26
35,692
36,380
36,646
43,042
43,803
45,571
46,331
47,092
47,853
48,888
27
36,020
36,708
36,974
43,561
44,321
46,089
46,850
47,611
48,371
49,406
28
36,348
37,037
37,302
44,079
44,840
46,608
47,368
48,129
48,890
49,925
29
36,676
37,365
37,631
44,598
45,358
47,126
47,887
48,648
49,408
50,443
30
37,004
37,693
37,959
45,116
45,877
47,645
48,405
49,166
49,927
50,962
31
37,333
38,021
38,287
45,635
46,396
48,163
48,924
49,685
50,445
51,480
32
37,661
38,349
38,615
46,153
46,914
48,682
49,443
50,203
50,964
51,999
33
37,989
38,677
38,943
46,672
47,433
49,200
49,961
50,722
51,483
52,518
34
38,317
39,005
39,271
47,190
47,951
49,719
50,480
51,240
52,001
53,036
35
38,645
39,333
39,599
47,709
48,470
50,237
50,998
51,759
52,520
53,555
(a) For the purposes of this section, salary equity among the
counties means that the salary potential of school employees
employed by the various districts throughout the state does not
differ by greater than ten percent between those offering the
highest salaries and those offering the lowest salaries. In the
case of professional educators, the difference shall be calculated
utilizing the average of the professional educator salary
schedules, degree classifications B.A. through doctorate and the
years of experience provided for in the most recent state minimum
salary schedule for teachers, in effect in the five counties
offering the highest salary schedules compared to the lowest salary
schedule in effect among the fifty-five counties. In the case of
school service personnel, the difference shall be calculated
utilizing the average of the school service personnel salary
schedules, pay grades "A" through "H" and the years of experience
provided for in the most recent state minimum pay scale pay grade
for service personnel, in effect in the five counties offering the
highest salary schedules compared to the lowest salary schedule in
effect among the fifty-five counties. Effective July 1, 2013, for
both professional educators and school service personnel, the
differences shall be calculated as otherwise required by this
subsection except that the ten counties offering the highest salary
schedules shall be compared to the lowest salary schedule in effect among the fifty-five counties.
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