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Article 1. General Provisions
§18A-1-1. Definitions - The definitions contained in section one, article one, chapter eighteen...
§18A-1-2. Repeal of Inconsistent Provisions - The provisions of any articles or parts of articles, of...
§18A-1-3. Constitutionality and Severability - If any provisions of this chapter or the application thereof...
Article 2. School Personnel
§18A-2-1. Employment in General - (a) The employment of professional personnel shall be made by...
§18A-2-1a. Employment of Other Personnel - A county board is authorized to employ athletic directors to...
§18A-2-2. Employment of Teachers; Contracts; Continuing Contract Status; How Terminated; Dismissal for Lack of Need; Released Time; Failure of Teacher to Perform Contract or Violation Thereof; Written Notice Bonus for Teachers and Professional Person... - (a) Before entering upon their duties, all teachers shall execute...
§18A-2-2a. Leaves of Absence for Teachers and Service Personnel - (a) Any teacher who is returning from an approved leave...
§18A-2-2b. Employment of Prospective Teachers and Other Professional Personnel for Next Ensuing School Year; and Payment of Financial Incentive for Recruitment - (a) Notwithstanding any other provision of this code to the...
§18A-2-3. Employment of Substitute Teachers; and Employment of Retired Teachers as Substitutes in Areas of Critical Need and Shortage - (a) The county superintendent, subject to approval of the county...
§18A-2-4. Commercial Driver S License for School Personnel; Intrastate Waiver for Bus Operators Diagnosed With Diabetes Mellitus Requiring Insulin; Reimbursement of Electrician S and Commercial Driver S License When Required, and Educational Sign Lan... - (a) If a commercial drivers license is required as a...
§18A-2-5. Employment of Service Personnel; Limitation - The board is authorized to employ such service personnel, including...
§18A-2-5a. Authorizing Payment for Notification of Retirement - Each county board is authorized to pay, entirely from local...
§18A-2-6. Continuing Contract Status for Service Personnel; Termination - After three years of acceptable employment, each service person who...
§18A-2-6a. Released Time for Service Personnel - In the assignment of position or duties of a service...
§18A-2-7. Assignment, Transfer, Promotion, Demotion, Suspension and Recommendation of Dismissal of School Personnel by Superintendent; Preliminary Notice of Transfer; Hearing on the Transfer; Proof Required - (a) The superintendent, subject only to approval of the board,...
§18A-2-7a. Statewide Job Bank - (a) The state board shall establish and maintain a statewide...
§18A-2-7b. Limitations on Voluntary Transfer of School Employees to Posted Vacant Position After Twentieth Day Prior to Beginning of Instructional Term - (a) The Legislature finds that it is not in the...
§18A-2-8. Suspension and Dismissal of School Personnel by Board; Appeal - (a) Notwithstanding any other provisions of law, a board may...
§18A-2-8a. Notice to Probationary Personnel of Rehiring or Nonrehiring; Hearing - The superintendent at a meeting of the board on or...
§18A-2-9. Duties and Responsibilities of School Principals; Assistant Principals - (a) Upon the recommendation of the county superintendent of schools,...
§18A-2-10. Physical Examinations as Condition of Employment - In case a medical or physical examination of any school...
§18A-2-11. Employee's Right to Attorney's Fees and Costs - If an employee shall appeal to a circuit court an...
§18A-2-12. Performance Evaluations of School Personnel; Professional Personnel Evaluation Process; Restrictions on Requirements on Lesson Plans and Record Keeping by Classroom Teachers - (a) The state board shall adopt a written system for...
§18A-2-12a. Statement of Policy and Practice for the County Boards and School Personnel to Minimize Possible Disagreement and Misunderstanding - (a) The Legislature makes the following findings: (1) The effective...
§18A-2-13. Recommended Guidelines for Full-Day and Half-Day Cooks - The following guidelines are optional guidelines that county boards may...
§18A-2-14. Mileage Reimbursement for School Personnel - A county board shall reimburse any school personnel for each...
§18A-2-15. County Option Recruitment and Training Programs for Prospective School Bus Operators - (a) The legislature finds that recruiting and retaining bus operators,...
Article 3. Training, Certification, Licensing, Professional Development
§18A-3-1. Teacher Preparation Programs; Program Approval and Standards; Authority to Issue Teaching Certificates - (a) The education of professional educators in the state is...
§18A-3-1a. Alternative Programs for the Education of Teachers; Purpose; Definitions - (a) Purpose. – Sections one-a, one-b, one-c, one-d, one-e, one-f,...
§18A-3-1b. Alternative Program Partnerships; Formation; Necessary Partners; Partnership Agreements; Single-Provider Programs - (a) Formation. – One or more schools or school districts,...
§18A-3-1c. Alternative Program Instruction for Classroom Teachers; Methods; Training and Evaluation Phases; Professional Support Team; Tuition - (a) Alternative program instruction. -- An alternative program for classroom...
§18A-3-1d. Alternative Program Rules; Necessary Contents - (a) Alternative program rules. ( (1) The state board shall...
§18A-3-1e. State Board Approval; Prohibited Acts - (a) State Board approval. – (1) The State Board shall...
§18A-3-1f. Alternative Program Participation; Eligibility for Alternative Program Certificate; Contract Renewals; Hiring Preference - (a) Alternative program participation. A person may not participate in...
§18A-3-1g. Alternative Program for Highly Qualified Special Education Teachers - (a) An alternative program for highly qualified special education teachers...
§18A-3-1h. Additional Alternative Program to Prepare Highly Qualified Special Education Teachers - (a) An additional alternative program to prepare highly qualified special...
§18A-3-1i. Recommendation for Certification of Alternative Program Teachers; Report Forms to Be Prepared by State Superintendent; Appeal - (a) At the conclusion of an approved alternative program, the...
§18A-3-1j. Additional Alternative Preparation Programs Administered by the Department of Education - (a) Additional alternative programs to prepare teachers established or adopted...
§18A-3-2. Teacher Certification; Required; Expiration; - qualifications; certification of aliens. Any professional educator, as defined in...
§18A-3-2a. Certificates Valid in the Public Schools That May Be Issued by the State Superintendent - NOTE: West Virginia Code 18A-3-2a was amended by two bills...
§18A-3-2c. Minimum Qualities, Proficiencies and Skills Required of Principals; State Board Rule - On or before October 1, 2018, the state board shall...
§18A-3-3. Renewal of Certificates; Permanent Certification - (a) Until the person qualifies for a permanent certificate, any...
§18A-3-3a. Payment of Tuition, Registration and Other Fees for Teachers; Maximum Payment per Teacher - (a) The West Virginia Department of Education shall promulgate rules...
§18A-3-4. Validity of Present Certificates - Nothing in this article shall be construed or interpreted in...
§18A-3-5. Validity of Certificates Held by Members of Armed Forces - A certificate held by a member of the Armed Forces...
§18A-3-6. Grounds for Revocation or Suspension of Certificates; Other Authorized Actions by State Superintendent; Required Reporting by County Superintendents; and Recalling Certificates for Correction - (a) The state superintendent may, after 10 days notice and...
§18A-3-7. Certificate Fees - The fee for the issuance or renewal of any certificate,...
§18A-3-8. County Professional Staff Development Councils - The Legislature finds the professional expertise and insight of the...
§18A-3-9. County Service Personnel Staff Development Councils - (a) The Legislature finds the professional expertise and insight of...
§18A-3-10. Criminal History Check of Applicants for Licensure by the State Department of Education - (a) Any applicant for an initial license issued by the...
§18A-3-11. Fellowship for 21st Century Learners - (a) The Legislature finds that: (1) There are instances, especially...
§18A-3-12. Technology Integration Specialists - The Legislature finds that technology integration specialists are becoming more...
Article 3B. Educators' Professional Standards Board
§18A-3B-1. Establishment of Educators' Professional Standards Board - The Legislature hereby finds and declares that in order to...
§18A-3B-2. Educators' Professional Standards Board; Composition; Appointment; Terms of Members - (a) There is created an educators' professional standards board consisting...
§18A-3B-3. Powers and Duties - Prior to January 1, 1995, the professional standards board shall...
Article 3C. Improving Teaching and Learning
§18A-3C-1. Findings; Purposes and Definition - (a) The Legislature makes the following findings: (1) Processes set...
§18A-3C-2. Performance Evaluations of Professional Personnel - (a) The provisions of this section govern the performance evaluation...
§18A-3C-3. Comprehensive System for Teacher and Leader Induction and Professional Growth - (a) The intent of the Legislature is to allow for...
Article 4. Salaries, Wages and Other Benefits
§18A-4-1. Definitions - For the purpose of this article, salaries shall be defined...
§18A-4-1a. Minimum Salary for a Registered Professional Nurse Employed by the Board, Who Has Less Than a Bachelor's Degree - A registered professional nurse, licensed by the West Virginia Board...
§18A-4-2. State Minimum Salaries for Teachers - (a) For school year 2022-2023, and continuing thereafter, each teacher...
§18A-4-2a. State Minimum Salary Bonus for Classroom Teachers With National Board Certification - (a) The Legislature finds and declares that the rigorous standards...
§18A-4-2b. State Minimum Salary Supplement and Educational Expense Reimbursement for Professional Personnel With Recognized National Certification in Speech-Language Pathology, Audiology, Counseling, School Psychology or School Nursing - (a) (1) The Legislature finds that achieving a nationally recognized...
§18A-4-2c. Teacher Mentoring Increment for Classroom Teachers With National Board Certification Who Teach and Mentor at Persistently Low Performing Schools - (a) An additional $2,000 shall be paid annually to each...
§18A-4-3. State Minimum Annual Salary Increments for Principals and Assistant Principals - (a) In addition to any salary increments for principals and...
§18A-4-4. Minimum Salary Schedule for Teachers Having Specialized Training - The state Board of Education shall establish the minimum salary...
§18A-4-5. State Salary Supplement - (a) The Legislature recognizes its constitutional responsibility to provide for...
§18A-4-5a. County Salary Supplements for Teachers - (a) County boards of education in fixing the salaries of...
§18A-4-5b. County Salary Supplements for School Service Personnel - The county board of education may establish salary schedules which...
§18A-4-6. Change in Classification - Upon the change of the training classification of any teacher,...
§18A-4-7. Substitute Teachers Pay - The pay of a substitute teacher shall not be less...
§18A-4-7a. Employment, Promotion, and Transfer of Professional Personnel; Qualifications - (a) A county board of education shall make decisions affecting...
§18A-4-7b. Calculation of Seniority for Professional Personnel - Notwithstanding any other provision of this code to the contrary,...
§18A-4-7c. Summer Employment of Professional Educators - A county board shall hire professional educators for positions in...
§18A-4-8. Employment Term and Class Titles of Service Personnel; Definitions - (a) The purpose of this section is to establish an...
§18A-4-8a. Service Personnel Minimum Monthly Salaries - (a) Effective July 1, 2022, the minimum monthly pay for...
§18A-4-8b. Seniority Rights for School Service Personnel - (a) A county board shall make decisions affecting promotions and...
§18A-4-8c. Seniority Rights for Personnel Employed by Multicounty Vocational Centers - Professional and service personnel employed by a multicounty vocational center...
§18A-4-8d. Consolidation of Services and Seniority Rights for Administrative Personnel - Where two or more counties join together to share the...
§18A-4-8e. Competency Testing for Service Personnel; and Recertification Testing for Bus Operators - (a) The state board shall develop and make available competency...
§18A-4-8f. Seniority Rights, School Consolidation - (a) Notwithstanding any provision of this article to the contrary,...
§18A-4-8g. Determination of Seniority for Service Personnel - (a) Seniority accumulation for a regular school service person: (1)...
§18A-4-8h. Limitation on Number of School Service Personnel Positions to Be Held by an Employee - Upon the effective date of this section, no school service...
§18A-4-8i. Seniority Rights for Professional Educators and School Service Personnel in Cases of Intercounty Transfer Arrangements - Notwithstanding any other provisions of this code to the contrary,...
§18A-4-9. Payment of Teachers and Other Employees; Withholdings - Teachers and all other employees whose salaries or wages are...
§18A-4-10. Personal Leave for Illness and Other Causes; Leave Banks; Substitutes - (a) Personal Leave. (1) At the beginning of the employment...
§18A-4-10a. Bonus for Unused Days of Personal Leave - County boards of education are authorized to pay to their...
§18A-4-10c. Personal Leave Banks for Care Givers - (a) For the purposes of this section: (1) "Care giver"...
§18A-4-10d. Use of Personal Leave Days by Surviving Spouse in Certain Circumstances - (a) For the purposes of this section, the following terms...
§18A-4-10f. Leave Donation Program - (a) Definitions. For the purposes of this section and section...
§18A-4-11. Group Insurance - Whenever a majority of the full-time instructional and administrative employees...
§18A-4-12. Tax Deferred Investments for Teachers and Other Employees - For the purpose of this section, when an employee shall...
§18A-4-13. Compliance With This Article - Any board failing to comply with the provisions of this...
§18A-4-14. Duty-Free Lunch and Daily Planning Period for Certain Employees - (a) Notwithstanding section seven, article two of this chapter, every...
§18A-4-15. Employment of Service Personnel Substitutes - (a) The county board shall employ and the county superintendent,...
§18A-4-16. Extracurricular Assignments - (1) The assignment of teachers and service personnel to extracurricular...
§18A-4-17. Health and Other Facility Employee Salaries - (a) The minimum salary scale for professional personnel and service...
§18A-4-18. Department of Education Certified Staff Salaries - (a) Personnel employed by the state Department of Education who...
§18A-4-19. Alteration of Contract - (a) Notwithstanding the provisions of section seven-a of this article...
§18A-4-20. Moving Expenses Allowed for Teachers Laid Off in Counties Due to Lack of Need - (a) From funds appropriated, the Department of Education may pay...
§18A-4-21. Posting of Position Opening Following Death of Incumbent - A county board may not declare a position vacant and...
§18A-4-22. Prohibition on Aiding and Abetting Sexual Abuse - (a) No school personnel, contractor or agent, or any employee...
Article 5. Authority; Rights; Responsibility
§18A-5-1. Authority of Teachers and Other School Personnel; Exclusion of Students Having Infectious Diseases; Suspension or Expulsion of Disorderly Students; Corporal Punishment Abolished - (a) The teacher shall stand in the place of the...
§18A-5-1a. Possessing Deadly Weapons on Premises of Educational Facilities; Possessing a Controlled Substance on Premises of Educational Facilities; Assaults and Batteries Committed by Students Upon Teachers or Other School Personnel; Temporary Suspe... - (a) A principal shall suspend a student from school or...
§18A-5-1b. Alternative Procedures for Expulsion Hearings by County Boards - The county boards may employ a hearing examiner to conduct...
§18A-5-1c. Bill of Rights and Responsibilities for Students and School Personnel - (a) The Legislature finds that: (1) The mission of public...
§18A-5-1d. Return to School Through Juvenile Drug Court for Certain Students - (a) When a student is expelled from school pursuant to...
§18A-5-2. Holidays; Closing of Schools; Time Lost Because of Such; Special Saturday Classes - (a) Schools shall be closed on Saturdays and on the...
§18A-5-3. Exemption From Jury Service - Notwithstanding any other provision of law, professional personnel and other...
§18A-5-3a. Answering Witness Subpoenas - Any teacher, principal, supervisor, service personnel or other person employed...
§18A-5-4. Educational Meetings - A county board of education may approve the attendance of...
§18A-5-4a. Educational or Service Meetings - A county board of education may approve the attendance of...
§18A-5-5. Records; Reports by Professional and Other Personnel - Every teacher, principal, supervisor, or other person employed by a...
§18A-5-6. School Census - A school census of youths from birth through twenty years...
§18A-5-7. Oath Required of Teachers - Every teacher shall, at the time of signing his contract...
§18A-5-8. Authority of Certain Aides to Exercise Control Over Students; Compensation; Transfers - (a) Within the limitations provided in this section, any aide...
Article 6. County Retirement Fund
§18A-6-1. Retirement Fund for School Employees - Boards of education shall have authority to establish and maintain...
Article 7. Severability
§18A-7-1. Severability - Pursuant to section ten, article two, chapter two of this...