January 25, 1991

Ms. Denese R. White
Chairman
Faculty Senate
160 South Twelfth Street
Weirton, West Virginia 26062

Dear Ms. White:

A. You have asked:

1. Who is responsible for keeping detailed records of your faculty senate spending--your senate treasurer or the business office that keeps the money and handles the requisitions?

The county board of education and its treasurer are principally responsible. Your faculty senate and its treasurer will, however, have responsibility to account to them for funds which it spends through requisition to them or by reimbursement from them. (See page 3, item 2(a) of State Superintendent's Memorandum; October 25, 1990, re: Faculty Senates. Cf. first paragraph, page 4, of this memo. Enclosed.)

2. Why are several members of your faculty senate unfunded?

The aforementioned memorandum answers this question. Please refer to the paragraph beginning at the bottom of the memo's first page plus the first full paragraph on the second page.

3. How do you solve your problem with shortage of funds?

You should receive some money from the county board of education either directly from its treasury or indirectly out of quasi-public funds conserved by the principal at the school for your reasonable administrative needs because a faculty senate is part of the board's administrative apparatus. (Cf. Second from last paragraph on page 4 of the referenced memo.) Therefore, I recommend that you request reimbursement from the board, upon itemized, sworn statements for all necessary expenses.

4. If the 30 minute, duty-free lunch is truly duty-free, why can't the faculty leave the building like other professionals?

This is a matter of school policy or policy of the county board of education. Changes in such policy should be made by your local school improvement council in accordance with W.Va. Code 18-5A-2 and 3, or else by request to the board or principal directly. 

Ms. Denese R. White
January 25, 1991
Page 2

B. You have also asked:

1. What is the deadline date for notification of (a) a school closing, (b) teacher transfers for school closings, (c) RIF's?

(a) There is no specific deadline for closing a school; however, you should become familiar with W.Va. Code 18-5-13 and 13a, Code 18-9D-1 et seq., Code 18-2-26, and Rule #6200 of the West Virginia Board of Education.1

(b) Teacher transfers must follow the time lines set by W.Va. Code 18A-2-7. Cf. Code 18-5-4 and 18-5-13(3). These laws tend to be amended frequently; so you should get copies of:

(i) School_Laws_of_West_Virginia,_1989_Edition; plus the

(ii) Informal_Guidelines_for_Implementing_Public_Education_Bills_ Enacted - A) in_Regular_Session_and_Special_Session_1990, as well as B) in_Third_Extraordinary_Session_1990.2

(c) RIF depends upon W.Va. Code 18A-2-2 and 18A-4-7a for tenured teachers, Code 18A-2-6 and 18A-4-8b for tenured service personnel, Code 18A-2-8a and Code 18A-4-7a for probationary teachers, and Code 18A-2-8a and 18A-4-8b for probationary service personnel. The time lines in some of these statutes, also, change frequently.

2. Schools A, B, C, D, E are currently K-6 schools. The proposed plan calls for schools A and B to close. Schools C, D, E will then stay open and change from K-6 schools to K-4 schools. Grades 5 and 6 will move to a newly formed middle school. Students from closed schools A and B will be divided among schools C, D, E.

(a) How should teachers in closed schools A and B be transferred? If Teacher 1 in closed school A has 18 years seniority, will Teacher I be forced to bid into positions in schools that remain open while Teacher II remains secure even though Teacher II's school has changed status from K-6 to K-4?

_______________

1 Handbook_on_Planning_School_Facilities

2 Contact our publications office at 348-2699 if you cannot find copies of them.


Ms. Denese R. White
January 25, 1991
Page 3

(b) Will teachers who currently teach grades 5 and 6 at Schools A, B, C, D, E be allowed to move with grades 5 and 6 to the newly formed middle school without bidding on those jobs or having less seniority than other teachers in grades K-4?

Please discuss this with your county school personnel and facilities offices. RIF may be necessary in some instances, whereas transfer and reassignment may be useful in others; furthermore, in-school transfers may operate in others (pursuant to the last two paragraphs of /18A-4-7a). For your assistance, I am enclosing 61 Op. Atty. Gen. 86 (1986). It should help you with this subject.

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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Enclosures (2)