Senate Bill No. 378

(By Senators Barnes, Plymale, Unger and Tucker)

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[Introduced January 23, 2012; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended, relating to school personnel; and requiring the employment of assistant principals at schools with enrollments of three hundred fifty or more students.

Be it enacted by the Legislature of West Virginia:

    That §18A-2-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-9. Duties and responsibilities of school principals; assistant principals.

    Upon the recommendation of the county superintendent of schools, the county board of education shall employ and assign, through written contract, public school principals who shall supervise the management and the operation of the school or schools to which they are assigned. Such The principals shall hold valid administrative certificates appropriate for their assignments.

    Beginning on July 1, 1994, the prerequisites for issuance of an administrative certificate for principals shall include that the person has successfully completed at least six credit hours of approved course work in public school management techniques at an accredited institution of higher education and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training in evaluation skills approved by the state board.

    Under the supervision of the superintendent and in accordance with the rules and regulations of the county board of education, the principal shall assume administrative and instructional supervisory responsibility for the planning, management, operation and evaluation of the total educational program of the school or schools to which he or she is assigned.

    The principal may submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such The recommendation shall be submitted in writing as prescribed by the superintendent.

    The principal shall perform such other duties as may be assigned by the superintendent pursuant to the rules and regulations of the county board of education.

    Upon recommendation of the county superintendent of schools, the county board of education shall, when needed, employ and assign, through written contract, an assistant principal at every school that has an enrollment equal to or that exceeds three hundred fifty students who shall work under the direction of the school principal. Such The assistant principals shall hold valid administrative certificates appropriate for their assignments.

    On or before July 1, 1989, and continuing thereafter, each county board of education shall assign a certificated principal to each school and no principal may be assigned more than two schools: Provided, That where enrollment exceeds four hundred students there will be no additional schools assigned to that principal.

    No A principal assigned to more than one school may not be assigned any teaching duties except on a temporary emergency basis. No A county shall may not have more teaching principalships or multischool principalships than was present on January 1, 1988.

    On or before July 1, 1993, and continuing thereafter, each county board of education shall employ a full-time supervising principal at each school whose net enrollment equals or exceeds one hundred seventy students. A principal assigned to a school with a net enrollment equal to or greater than one hundred seventy students may not be assigned any teaching duties except on a temporary emergency basis. When a principal is assigned on a full-time basis to a school whose net enrollment is more than seventy-five students but less than one hundred seventy students, such principal shall have a minimum of twenty hours per week for nonteaching duties. A principal assigned on a full-time basis to a school with seventy-five students or less shall have a minimum of ten hours per week for nonteaching duties: Provided, That nothing in this section prohibits a county board of education from assigning a full-time supervising principal to a school with a net enrollment of less than one hundred seventy students.

    Nothing contained in this section shall be construed to reduce or limit the rights and privileges of principals and assistant principals as teachers under the provisions of section one, article one, chapter eighteen of the Code of West Virginia as amended; section one, article one, chapter eighteen-a; and other provisions of this code: Provided, That on or before July 1, 1993, the State Board of Education shall not deny a county board of education the right to place a principal in a school with less than one hundred seventy students.

    NOTE: The purpose of this bill is to require the employment of assistant principals at schools with enrollments of three hundred fifty or more students.

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