May 7, 1997

The Honorable Nick J. Rahall, II
Congress of the United States
House of Representatives
601 Federal Street, Room 1005
Bluefield, West Virginia 24701-3033

Dear Congressman Rahall:

This is in response to your letter requesting an interpretation as to whether or not school service personnel may transfer seniority to a professional personnel status once they receive a teaching certificate.

W.Va. Code 18A-4-7a states in pertinent part that: "The seniority of classroom teachers as defined in section one, article one [18A-1-1] of this chapter with the exception of guidance counselors shall be determined on the basis of the length of time the employee has been employed as a regular full-time certified and/or licensed professional educator by the county board of education and shall be granted in all areas that the employee is certified and/or licensed."

Therefore, the answer to your constituent's question is no, service personnel seniority and professional personnel seniority cannot be combined.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools