February 15, 1991

The Honorable Sharon Spencer
Chair of Industry and Labor
House of Delegates
Capitol Complex, Room 200B-E
Charleston, West Virginia 25305

Dear Ms. Spencer:

You have asked, " . . . if a teacher returns prior to the beginning of the next semester, can she apply for any or all vacant positions within her certification area?"

Yes, pursuant to W.Va. Code 18A-4-7a. Code 18A-2-2a provides certain guarantees to teachers who have taken a leave of absence lasting for a year or less; however, it does not forbid teachers from bidding on other assignments. If the leave of absence has not lasted more than a year, then the teacher retains the usual professional rights and privileges among which is the right to compete for assignments. Her former assignment, though, is guaranteed to her upon returning within a year's time.

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

0054d:0001d/cf