Interpretation's Date: February 13, 1991
by superintendent Henry Marockie
Section: V. Personnel
SubSection: A. Professional Personnel
Mr. Manuel P. Arvon February 13, 1991
Dear Mr. Arvon:
You have asked:
1. Can a teacher who has been placed on an improvement plan, resulting from unsatisfactory evaluations, be transferred to another position which the said teacher has bid on?
Yes, in the discretion of the county superintendent and board. Rules 5300 and 5310 and W.Va. Code 18A-2-12 and 18A-3A-3 all encourage the use of evaluation methods which will foster improvement in teachers. Currently, the methods themselves are left to the discretion of the county boards of education.
2. Can a teacher who has been placed on an improvement plan,
resulting from unsatisfactory evaluations, be denied a position that
said teacher bid upon, even if the said teacher is the best qualified
in all categories except for the unsatisfactory evaluations and the
imposed improvement plan?
Yes, in accordance with county evaluation policy and the teacher's education.
Can a board of education adopt a policy prohibiting teachers on an improvement plan from being awarded a position the teacher bid upon and for which the teacher is qualified?
Yes. The policy must, of course, be reasonable. Transfer could, after all, help the teacher's improvement plan succeed.1
Hoping that I have been of service, I am,
1 Cf. State_ex_rel._Hawkins_v._Tyler_County_Board_of_Education, 166 W.Va. 363, 275 S.E.2d 908 (1980).