Interpretation's Date: August 22, 1997
by superintendent Henry Marockie
Section: V. Personnel
SubSection: A. Professional Personnel



August 22, 1997

Mr. Harold C. Carl, II
Pleasants County Schools
202 Fairview Drive
St. Marys, West Virginia 26170

Dear Mr. Carl:

This is in response to your letter of July 31, 1997, in which you request an interpretation from our office with regard to a coaching position within a county school. Specifically, you ask the following:

1) Must the county board cause a vacancy notice to be posted in a multi-county vocational school in which the county participates; and

2) Does a teacher assigned in the multi-county vocational school deserve, by his/her position, any preferential consideration for the vacant county coaching position?

The answer to your first question is yes. There may be employees within the multi-county vocational school who are also accumulating seniority in the county in which the vacancy has occurred, pursuant to W.Va. Code 18A-4-8c.

The answer to your second question is no. W.Va. Code 18A-3-2a gives a "currently employed certified professional educator" first preference. However, a teacher assigned to a multi-county vocational school may not necessarily be a "currently employed certified professional educator" in the county with the vacancy. Also, there may be other currently employed certified professional educators who are interested in the position. In that case, the qualifications of the applicants would determine who is awarded the position.

Mr. Harold C. Carl, II
Page Two
August 22, 1997

Hoping that I have been of service, I am



Henry Marockie
State Superintendent of Schools


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