April 2, 1999

Ms. Mary Elliott
Wayne County Schools
Post Office Box 25570
Wayne, West Virginia 25570

Dear Ms. Elliott:

This letter is in response to your telephone inquiry regarding seniority and transferring of teachers at the county level.

Please be advised that the general rule according to West Virginia Code ?18A-4-7a for transfer provides that the person with the least amount of seniority in the county should be transferred. However, West Virginia Code ?18-A-7a also provides for various other situations in which seniority is not necessarily the sole deciding factor. These situations include, but are not limited to:

1. Whether the reduction is county-wide or limited to a single school.

2. Areas of certification.

3. Whether the employee is working with a temporary permit.

The specific facts of the personnel action will be dispositive in each case. For your information, a copy of West Virginia Code ?18A-4-7a is enclosed and two decisions of the WV Education and State Employees Grievance Board for your review. Hoping that I have been of service, I am

Sincerely,

/s/