Interpretation's Date: September 30, 2004
by superintendent David Stewart
Section: V. Personnel
SubSection: A. Professional Personnel
September 30, 2004
Ronald E. Duerring, Ed.D.
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?
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
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.