March 28, 2001

Kimberly S. Croyle, Esquire
Bowles Rice McDavid Graff & Love, P.L.L.C. 7000 Hampton Center, Suite K
Morgantown, WV 26505

Dear Ms. Croyle:

I am in receipt of your request for clarification of my March 9, 2001 Interpretation addressed to Terry M. Nelson. In your request you indicate that the half time principal position at Valley Head Elementary School, which is discussed in the March 9, 2001 Interpretation, is actually a teaching principalship which was originally posted as an "Elementary Principal / Music Teacher" position. This information was not contained in Mr. Nelson's original request for an interpretation.

Paul Zickefoose, the current principal at Valley Head Elementary School, is certified in and assigned to teach music in addition to his assignment as a half time principal. Mr. Nelson is not certified to teach music. Mr. Zickefoose holds ten years of seniority in Randolph County, including one year as a principal. Mr. Nelson holds only three years of seniority in the county. He was a principal for all three of those years.

You have asked:

"Had these facts been disclosed to the West Virginia Department of Education at the time when Mr. Nelson posed his questions, is it correct that the answers to Mr. Nelson's Question 2 and Question 3 would be that Mr. Nelson is not entitled to bump the less senior half time principal/music teacher at Valley Head because Mr. Nelson does not hold all of the necessary certifications and/or licensure for the position?"

West Virginia Code 18A-4-7a states, in pertinent part, that:

" . . . an employee subject to release shall be employed in any other professional position where such employee is certified and/or licensed, if such employee's seniority is greater than the seniority of any other employee in that area of certification and/or licensure . . ."

Kimberly S. Croyle, Esquire
March 28, 2001
Page 2

Because the half time principal at Valley Head Elementary School must also be a certified music teacher, Mr. Nelson would not be entitled to bump the current less senior Valley Head principal. A displaced employee can only be transferred into a position for which he/she is certified or licensed.

Hoping that I have been of service, I am

Sincerely,

/s/

David Stewart
State Superintendent of Schools

DS/mp