January 3, 2001

Mr. John Lofing
Finance Director
Preston County Schools
121 East High Street
Kingwood, West Virginia 26537-0566

Dear Mr. Lofing:

On December 5, 2000, you telephoned our Legal Services office with the following question:

"Are non-continuing contract service personnel guaranteed to be placed on the preferred recall list or is that reserved for those service personnel under continuing contracts?"

All regularly employed service personnel, including those who have not obtained continuing contracts, are to be placed on the preferred recall list. West Virginia Code 18A-4-8b provides that:

"All employees whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in force shall be placed upon a preferred recall list and shall be recalled to employment by the county board on the basis of seniority."

You will note that the statute refers to all employees, not just continuing contract employees. However, if the school board chooses not to renew an employee's contract due to insufficient performance or another legitimate reason, that employee would not be eligible to be placed on the preferred recall list.

Mr. John Lofing
January 3, 2001
Page 2

Thank you for your inquiry. If you have any questions or concerns relative to this issue, please contact me.

Sincerely,

/s/

David Stewart
State Superintendent of Schools

DS/mp