HB 5012: Providing for in-year school personnel movement to meet school needs. - West Virginia

hb5012 s edu am _1 3-4 adopted.htm → hb5012 sfat grady _1 3-10 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the original Education Committee's proposal with a new version sponsored by Senator Grady. This change shifts the bill's focus from a detailed overhaul of teacher contracts and dismissal procedures to a specific amendment of existing sections regarding dismissals for lack of need and school personnel reassignment. The new version clarifies that dismissed teachers can be transferred to unfilled positions based on seniority as an alternative to a preferred list, while also adding protections against arbitrary or retaliatory transfers and establishing a grievance process.

Scope change

The scope narrowed from a broad revision of employment contracts, probationary periods, and retirement bonuses to a targeted amendment focusing specifically on dismissal procedures, transfer rights, and personnel reassignment rules.

SCOPE

The amendment sponsor changed from the Committee on Education to Senator Grady, altering the legislative context and likely the specific policy priorities of the bill.

REQUIREMENT

New provisions explicitly prohibit transfers from being made for arbitrary, capricious, or retaliatory reasons.

ENFORCEMENT

A new mechanism was added allowing teachers to file a formal grievance if the board violates specific provisions of the law.

ELIGIBILITY

The process for handling dismissed teachers was refined to prioritize transfer into unfilled vacant positions based on length of service before considering placement on a preferred list.

TIMELINE

Clarification was added that transfers resulting from dismissal are not effective until the following school year.

Committee Substitute → hb5012 s edu am _1 3-4 adopted.htm · 6 edits

MODERATE

The bill adds a new section establishing comprehensive rules for teacher employment contracts, including specific terms for probationary and continuing contracts, strict conditions for terminating continuing contracts, and financial incentives for early retirement notification. It also clarifies dismissal procedures for lack of need and outlines protections for teachers serving in the Legislature. These changes aim to provide greater job security for tenured teachers while maintaining flexibility for school boards to manage staffing based on enrollment changes.

Scope change

The bill's scope expanded from solely governing the reassignment and transfer of school personnel to include the full lifecycle of teacher employment, covering contract formation, contract types, termination rights, and retirement incentives.

REQUIREMENT

New mandatory contract requirements specifying that all teachers must sign contracts stating salary and approved by the state superintendent before duties begin.

Strict termination rules for continuing contracts, requiring a majority board vote, written notice with cause, and a hearing opportunity before May 1, with termination taking effect only at the end of the school year.

ELIGIBILITY

Definition of 'probationary' contracts (1-3 years) and 'continuing' contracts, which are granted after three years of employment for teachers with at least a bachelor's degree.

FISCAL

Creation of a $500 bonus payment for classroom teachers who provide written notice of retirement on or before March 1 of the school year.

ENFORCEMENT

New disqualification provisions stating that teachers who fail to fulfill contracts or violate lawful provisions are barred from teaching for the next school year and must report violations to the NASDTEC database.

SCOPE

Provisions granting released time for teachers serving in the Legislature without jeopardizing their contractual rights or salary accrual.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill text was completely replaced with a new version that shifts focus from teacher dismissal to school personnel reassignment. The new version adds specific protections against arbitrary, capricious, or retaliatory transfers and establishes a formal grievance process for employees who believe their reassignment violated these rules. It also clarifies the timeline for reassignments, allowing them after the second school month only if students have no instructional responsibilities, and mandates that reassigned staff must be the least senior eligible employee.

Scope change

The bill's scope shifted from primarily addressing dismissal due to lack of need to focusing on the reassignment of surplus personnel during the school year.

REQUIREMENT

Added a prohibition against making transfers for arbitrary, capricious, or retaliatory reasons.

ENFORCEMENT

Created a new grievance mechanism allowing teachers to file complaints if they believe a transfer violated the new protections.

TIMELINE

Restricted reassignments to occur only after the last day of the second school month unless students have no work assignments.

ELIGIBILITY

Mandated that reassigned employees must be the least senior staff member eligible for the new position.

Engrossed Committee Substitute → Enrolled Committee Substitute · 3 edits · Apr 1, 2026

MINOR

The bill was converted from a draft committee version to the final enrolled version, adding formal legislative signatures and certification. Substantively, the text of the law itself remained unchanged; the only policy difference is the addition of a new section (§18A-2-2) regarding dismissal for lack of need, which was present in the final text but absent from the specific excerpts provided in the draft comparison.

Scope change

The bill's scope was expanded by the addition of a new section (§18A-2-2) in the final enrolled version, which establishes procedures for transferring teachers dismissed due to lack of need into unfilled vacant positions based on seniority. The core provisions regarding superintendent authority over transfers and reassignments in the existing §18A-2-7 remained identical between the two versions.

SCOPE

Added a new section (§18A-2-2) detailing that teachers dismissed for lack of need must be transferred to unfilled vacant positions in order of seniority, rather than just placed on a preferred list, and clarifying that these transfers are effective the following school year.

TECHNICAL

Added formal enrolled language, including certification by legislative clerks, signatures for the Speaker and President, and a statement of effective date (90 days from passage).

Removed draft-specific headers, committee markings, and placeholder text used in the 'Engrossed Committee Substitute' version.

Introduced Version → Engrossed Committee Substitute · 3 edits · Mar 13, 2026

MINOR

The bill was amended to clarify its purpose regarding personnel reassignment and add critical protections for teachers. The most significant change is the addition of a prohibition against transfers based on arbitrary, capricious, or retaliatory reasons, along with a new mechanism allowing teachers to file a formal grievance if these protections are violated. Additionally, the timeline for in-year reassignments was tightened to prevent moves after the second school month unless a teacher is left without work.

Scope change

The bill's scope was expanded to explicitly cover protections against unfair or retaliatory transfers and to establish a formal grievance process for teachers who believe their transfer rights were violated.

REQUIREMENT

Added a specific prohibition against transferring school personnel for arbitrary, capricious, or retaliatory reasons.

ENFORCEMENT

Created a new right for teachers to file a formal grievance under state public employee procedures if they believe a transfer violated the new anti-retaliation rules.

TIMELINE

Restricted in-year reassignments to occur only by the last day of the second school month, with a narrow exception for situations where a teacher is left without any instructional responsibilities.

Providing for in-year school personnel movement to meet school needs.

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