Policy 520 - Employment Contracts
Adopted on June 18, 2019
Effective July 1, 2019
Before entering upon their duties, all employees shall execute a contract with the Board.
Teachers' Contract
The teachers' contract shall state the salary to be paid and shall be in the form prescribed by the State Superintendent of Schools. Every such contract shall be signed by the employee and by the president and secretary of the Board and when so signed shall be filed, together with relevant employment documents such as the certificate of the teacher, by the Superintendent in his/her capacity as secretary of the Board.
Service Personnel Contract
The service personnel contract shall be in the form as prescribed by state law.
Other Contracts
Other employment contracts may be offered by the Board whose form shall be approved by the Board prior to their use.
Probationary Contract
All employees, including substitute employees, who have been employed by the Board for less than three (3) years and who have not previously held a continuing contract with this or any other county board of education in West Virginia shall hold a probationary contract.
The Superintendent, at a meeting of the Board on or before May 1st of each year, shall provide in writing to the Board a list of all probationary teachers that s/he recommends to be rehired for the next ensuing school year. The Board shall act upon the Superintendent's recommendations at that meeting in accordance with WV Code 18A-2-8a. Any probationary teacher or other probationary employee who is not rehired by the Board at that meeting shall be notified in writing by certified mail, return receipt requested, to such person's last known address within ten (10) days following said Board meeting, of not having been rehired or not having been recommended for rehiring.
Any probationary teacher who receives notice that s/he has not been recommended for rehiring or other probationary employee who has not been reemployed may within ten (10) days after receiving the written notice request a statement of the reasons for not having been rehired and may request a hearing before the Board. Such hearing shall be held at the next regularly scheduled Board meeting or a special meeting of the Board called within thirty (30) days of the request for hearing. At the hearing, the reasons for the nonrehiring must be shown.
Continuing Contract
After three (3) consecutive years of successful experience, all employees, including substitute employees, who enter into a new contract shall receive a continuing contract. A year of experience shall require successful employment for at least 133 days during a school year.
A professional employee holding a continuing contract status with any other county shall be granted continuing contract status with this County upon completion of one (1) year of acceptable employment if such employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one (1) year.
A professional employee who was previously employed by this County under a probationary contract status and returns to employment after voluntary resignation or retirement shall be required to complete three consecutive years of successful experience upon re-employment prior to being granted continuing contract status.
A professional employee who was previously employed by this County under a continuing contract status and returns to employment after voluntary resignation or retirement shall be restored to continuing contract status upon re-employment.
Early Notification of Retirement
Any classroom teacher who gives written notice to the Board on or before March 1st of the school year of their retirement from employment with the Board at the conclusion of the school year shall be paid $500.00 from the "Early Notification of Retirement" line item established for the Department of Education for this purpose, subject to appropriation by the legislature. The Board shall not provide any additional payment for such notice from classroom teachers, nor any payment whatsoever for such notice from other employees.
Resignation
Any employee may submit notice of resignation at any time during the school year, provided that such resignation shall not be considered official until action is taken by the Board to accept it. Such notice may be withdrawn at any time prior to the Board's action and may not be withdrawn thereafter except by action of the Board to rescind its acceptance.
Any classroom teacher or administrator who does not make known his / her intention to resign employment or retire prior to July 15th of a particular school year may be required to fulfill his / her contract for that same year pursuant to state law.
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