February 15, 1991

Mr. Thomas L. Roberts
President
Iaeger High School Faculty Senate
Box 772
Iaeger, West Virginia 24844

Dear Mr. Roberts:

1. You have asked whether a county superintendent of schools can set the date for a faculty senate meeting, or on the contrary, whether this is a matter for the faculty senate to decide.

W.Va. Code 18-5A-5(a) grants the authority to determine when a faculty senate shall meet to each faculty senate.1 However, the meeting that is the result of the two hour block of time granted by the local board may be set by the local board in order to avoid chaos and waste of resources and personnel.2

2. You also ask whether a superintendent can require a school's faculty to remain at school after the children have been let go early for a holiday (Christmas) so that the faculty members can meet as the faculty senate after the children have left (December 21st) even though the faculty prefers to meet sooner (December 10th).

Only if it is for the meeting during the time set forth in 18-5A-5(b)12. Otherwise, the superintendent can require school faculty members to complete their work day prior to a holiday instead of leaving work early unless, of course, they have been granted or are entitled to leave. In all other situations, only the faculty senate (and the principal in case of the annual organizational meeting) has authority to decide when a faculty senate will meet.

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1 "Meetings of the faculty senate shall be held on a regular basis as determined by a schedule approved by the faculty senate and amended from time to time if needed." [/18-5A-5(a)]

2 See 18-5A-5(b)(12).


Mr. Thomas Roberts
February 15, 1991
Page 2

3. You have asked, furthermore, whether the compensatory time policy of your county board of education could authorize teachers to leave school early before a holiday.

That would depend upon the content of the county policy.

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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