April 19, 1999

Ben Horton
Executive Director
West Virginia Association of Elementary/ Middle School Principals
2850 5th Avenue
Huntington, West Virginia 25702

Dear Mr. Horton:

I am in receipt of your request for an opinion regarding whether "a superintendent of a county school system in West Virginia could move principals from one building to another without posting the position?"

In accordance with West Virginia Code 18-4-10 a county superintendent's duties include the transfer and assignment of all school employees of the district, subject to the approval of the board. Moreover, West Virginia Code 18A-2-7 provides:
"the superintendent, subject only to approval of the board, shall have authority to assign, transfer, promote, demote, or suspend school personnel and to recommend their dismissals pursuant to provisions of this chapter. However, an employee shall be notified in writing by the superintendent on or before the first Monday in April if he is being considered for transfer or to be transferred... Any teacher or employee who desires to protest such proposed transfer may request in writing a statement of the reasons for the proposed transfer. Such statement of reasons shall be delivered to the teacher or the employee within ten days of the receipt of the request. Within ten days of the receipt of the statement of reasons, the teacher or employee may make written demand upon the superintendent for a hearing on the proposed transfer before the county board of education".

Ben Horton
April 19, 1999
Page 2

That particular code section goes on to discuss the full due process rights for the individual transferred and of course, if the individual is not satisfied with that hearing process, a grievance may be filed in accordance with West Virginia Code 18-29-1 et seq.

Consequently, the superintendent, with the board's approval, may transfer principals if it is in the best interest of the schools and is not arbitrary or capricious.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

HM/mp