September 30, 2004

Ronald E. Duerring, Ed.D.
Superintendent
Kanawha County Schools
200 Elizabeth Street
Charleston, WV 25305

Dear Superintendent Duerring:

I am in receipt of your request for a Superintendent's Interpretation regarding the posting of certain school-based positions. Specifically, you ask the following questions:

1) Does state law require that extracurricular positions such as Lunchroom Supervisor, Student Assistance Team Coordinator, Screening Referral Agent, Lead Teacher, Transition Facilitator and after school tutor must be posted?

I believe that state law does require that all position openings be posted. West Virginia Code 18A-4-7a(o) states: "Openings in established, existing or newly created positions shall be processed as follows . . . (1) Boards shall be required to post and date notices [of openings] . . ." Likewise, West Virginia Code 18A-4-8b(g) provides that "[b]oards shall post and date notices of all job vacancies of established existing or newly created positions in conspicuous places . . ."

2) If you determine that they must be posted, is it permissible to only post the positions within the particular school rather than on a county-wide posting?

If a school based extracurricular position can truly only be performed by personnel already assigned to the school, such as Lead Teacher or Lunchroom Supervisor, I believe that it is permissible for the position to be posted only at the school. Posting the positions elsewhere in the county would be an exercise in futility if only those employees already assigned to the school can perform the job duties.

3) If an employee is properly hired and performs one of these jobs, must the job be re-posted annually or can the employee continue in subsequent years without posting?

There is no provision in West Virginia law which requires extracurricular positions such as these to be re-posted annually. If the position continues from one year to the next, then the successful applicant may continue in the position from year to year. However, it may be beneficial for counties to post these types of vacancies on an annual basis if it is anticipated that the job duties will change from year to year, or if the county anticipates that the job might not be indefinitely sustainable due to financial constraints, lack of need, or other reasons.
Hoping that I have been of service, I am
Sincerely,

/s/

David Stewart
State Superintendent of Schools