SB 1048 — Transferring responsibility of school position eliminations to WV Board of Education
Last action — To Finance
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1Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Transferring responsibility of school position eliminations to WV Board of Education
Bill Text
What changed in the latest version
294 added · 276 removedPlain-language change summary
The updated version of SB 1048 now includes a specific requirement for a hearing on proposed personnel transfers to be removed, streamlining the process for decisions about school personnel. It also shifts the authority for determining staff reductions from county boards to the West Virginia Board of Education, aiming to create a more centralized approach. This matters because it could lead to more uniformity in how personnel decisions are made across the state, potentially impacting job security for educators depending on how the Board decides to implement reductions. Additionally, the revised bill ensures that county superintendents must provide information on funding for any additional positions beyond standard allowances, adding transparency to financial decisions in education.
CS for SB 1048 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 1048 NOTE By Senators GradyGrady, Weld, and WeldWoelfel [Introduced[Reported February 21,24, 2026;2026, from the Committee on Education] CS for SB 1048 A BILL to amend and reenact §18-5-39, §18A-2-7, §18A-4-7a, and §18A-4-8b of the Code of West Virginia, 1931, as amended;
referredand to amend the Committeecode onby Education;adding a new section, designated §18A-4-23, relating to school personnel;
andremoving thenrequirement tofor thea Committeehearing on Finance]a Intrproposed SBtransfer; 1048 2026R4303 A BILL to amend and reenact §18-5-39, §18A-2-7, §18A-4-7a, and §18A-4-8b of the Code of West Virginia, 1931, as amended;
and to amend the code by adding a new section, designated §18A-4-23, relating to transferring the responsibility for making determinations on eliminatingreductions in force of school personnel positions due to lack of need for all county school districts from the county boards of those districts to the West Virginia Board of Education;
requiring that the county boardsuperintendent for any position over the numbers included in the foundation allowance for professional educators and the foundation allowance for service personnel provide information on the source of the additional funds to pay for the additional positions;
and requiring that notice to the county board of any terminated positions be early enough to allow the board to meet all personnel-relatedpersonnel- related statutory deadlines.deadlines;
and setting forth a process for determining which positions are to be cut as a part of the reduction in force.
(b) The board of any county has the authority to establish a summer school program 1 CS for SB 1048 utilizing the public school facilities and to charge tuition for students who attend the summer school.
The tuition may not exceed in any case the actual cost of operation of the summer school Intr SB 1048 2026R4303 program:
(f) Notwithstanding any other provision of the code to the contrary, the county board may employ school service personnel to perform any related duties outside the regular school term as 2 CS for SB 1048 defined in section eight, article four, chapter eighteen-a of this code.
An employee who was employed in any service personnel job or position during the previous summer shall have the Intr SB 1048 2026R4303 option of retaining the job or position if the job or position exists during any succeeding summer.
3 CS for SB 1048 (h) For the purpose of this section, summer employment for service personnel includes, but is not limited to, filling jobs and positions as defined in section eight, article four, chapter Intr SB 1048 2026R4303 eighteen-a of this code and especially established for and which are to be predominantly performed during the summer months to meet the needs of a county board.
(b) The superintendent at a meeting of the board on or before May 1 shall furnish in writing 4 CS for SB 1048 to the board a list of teachers and other employees to be considered for transfer and subsequent assignment for the next ensuing school year.
An employee who was not provided notice and an Intr SB 1048 2026R4303 opportunity for a hearing pursuant to subsection (a) of this section may not be included on the list.
(e) (d) Notwithstanding this section or any provision of this code, when actual student enrollment in a grade level or program, unforeseen on or before May 1 of the preceding school year, permits the assignment of fewer teachers or service personnel to or within a school under any pupil-teacher ratio, class size or caseload standard established in section eighteen-a, article five, chapter eighteen of this code or any policy of the state board, the superintendent, with board approval, may reassign the surplus personnel to another school or to another grade level or program within the school if needed there to comply with any such pupil-teacher ratio, class size or caseload standard.
(1) Before any reassignment may occur pursuant to this subsection, notice shall be provided to the employee and the employee shall be provided an opportunity to appear before the 5 CS for SB 1048 county board to state the reasons for his or her objections, if any, prior to the board voting on the reassignment.
Intr SB 1048 2026R4303 (2) Except as otherwise provided in subdivision (1) of this subsection, the reassignment may be made without following the notice and hearing provisions of this section, and at any time during the school year when the conditions of this subsection are met:
6 CS for SB 1048 (3) The amount of course work, degree level or both in the relevant field and degree level generally;
Intr SB 1048 2026R4303 (5) In the case of a principal or classroom teaching position, certification by the National Board for Professional Teaching Standards;
(d) For a classroom teaching position, if the principal and faculty senate recommend the same applicant pursuant to subdivisions (10) and (11), subsection (b) of this section, and the superintendent concurs with those recommendations, then the other provisions of subsections (b) 7 CS for SB 1048 and (c) of this section do not apply and the county board shall appoint that applicant notwithstanding any other provision of this code to the contrary.
Intr SB 1048 2026R4303 (e) The state board shall promulgate a rule, including an emergency rule if necessary, in accordance with the provisions of §29A-3B-1 et seq.
8 CS for SB 1048 (i) Upon completion of 133 days of employment in any one school year, substitute teachers, except retired teachers and other retired professional educators employed as Intr SB 1048 2026R4303 substitutes, shall accrue seniority exclusively for the purpose of applying for employment as a permanent, full-time professional employee.
9 CS for SB 1048 (C) Amount of experience relevant to the position or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area;
Intr SB 1048 2026R4303 (D) The amount of course work, degree level, or both in the relevant field and degree level generally;
(m)10 WheneverCS afor countySB board1048 the(m) stateWhenever board notifies a county board thatrepresentatives of the stateWest boardVirginia pursuantDepartment toof itsEducation authoritypursuant into §18A-4-23 of this code isinform eliminatingthe onecounty orsuperintendent morethat the number of professional personnel positionsneeds theto countybe boardreduced due to lack of need, is required to reduce the number of professional personnel in Intr SB 1048 2026R4303 its employment, the selection of the employee to be properly notified and released from employment pursuant to the provisions of section two, article two of this chapter §18A-2-2 shall be based upon seniority, certification, licensure and performance evaluations.
(1) In the event of therepresentatives stateof boardthe eliminatesWest professionalVirginia personnelDepartment positionsof Education pursuant to its authority in §18A-4-23 of this code resultinginform inthe county superintendent that the number of professional personnel needs to be reduced due to lack of need a reduction in force a in a county school district, the county board of education may properly notify the state board may approve the notification and release from employment pursuant to the provisions of section two, article two of this chapter §18A-2-2 of this code any classroom teacher with unsatisfactory evaluations for the previous two consecutive years regardless of years of service instead of release from employment of less senior classroom teachers with satisfactory performance evaluations;
(4) An employee subject to release shall be employed in any other professional position where the employee is certified and was previously employed or to any lateral area for which the 11 CS for SB 1048 employee is certified, licensed or both, if the employees seniority is greater than the seniority of any other employee in that area of certification, licensure or both;
(5) If an employee subject to release holds certification, licensure or both in more than one lateral area and if the employees seniority is greater than the seniority of any other employee in Intr SB 1048 2026R4303 one or more of those areas of certification, licensure or both, the employee subject to release shall be employed in the professional position held by the employee with the least seniority in any of those areas of certification, licensure or both;
and (6) If, prior to August 1 of the year, a reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county state board in its sole and exclusive judgment, the state board shall rescind the reduction in force or transfer and the county boardsuperintendent shall notify the released employee in writing of his or her right to be restored to his or her position of employment.
Within five days of being so notified, the released employee shall notify the board,board county superintendent, in writing, of his or her intent to resume his or her position of employment or the right to be restored shall terminate.
(o) All professional personnel whose lesser qualifications, as determined by county board policy, with the county board is insufficient to allow their retention by the county board during a 12 CS for SB 1048 reduction in workforce shall be placed upon a preferred recall list.
Intr SB 1048 2026R4303 (p) The board shall annually notify professional personnel on the preferred list of the job application procedures and any websites used to advertise vacancies.
and 13 CS for SB 1048 (E) Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant;
Intr SB 1048 2026R4303 (3) If one or more applicants under all the postings for a vacancy meets the qualifications listed in the job posting, the successful applicant to fill the vacancy shall be selected by the board within 30 working days of the end of the first posting period;
and (5) Nothing provided herein may prevent the county board of education from eliminating state board from approving the elimination of a position due to lack of need.need pursuant to §18A-4- 23.
and (2) When a specified grade level needs to be reduced and the least qualified employee in the school is not in that grade level, the least qualified classroom teacher in the grade level that 14 CS for SB 1048 needs to be reduced shall be reassigned to the position made vacant by the transfer of the least qualified classroom teacher in the school without that position being posted:
(t) Any board failing to comply with the provisions of this article may be compelled to do so by mandamus and shall be liable to any party prevailing against the board for court costs and Intr SB 1048 2026R4303 reasonable attorney fees as determined and established by the court.
If 15 CS for SB 1048 requested by the employee, the county board shall show valid cause why a service person with the most seniority is not promoted or employed in the position for which he or she applies.
Intr SB 1048 2026R4303 (2) Service personnel who have held a classification title within the classification category of the vacancy whose employment has been discontinued in accordance with this section;
(2) Each class title listed in section eight of this article is considered a separate 16 CS for SB 1048 classification category of employment for service personnel, except for those class titles having Roman numeral designations, which are considered a single classification of employment:
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(B) The executive secretary class title is included in the same classification category as Intr SB 1048 2026R4303 secretaries;
17 CS for SB 1048 (B) An alternative procedure for making extra-duty assignments within a particular classification category of employment may be used if the alternative procedure is approved both by the county board and by an affirmative vote of two-thirds of the employees within that classification category of employment.
(g) County boards shall post and date notices of all job vacancies of existing or newly Intr SB 1048 2026R4303 created positions in conspicuous places for all school service personnel to observe for at least five working days.
(h) All After notification by representatives of the stateWest boardVirginia Department of Education pursuant to §18A-4-23 of this code that the eliminationnumber of service personnel positions pursuantneeds to §18A-4-23be ofreduced thisdue code,to lack of need, decisions by county boards concerning reduction in work force of service personnel shall be made on the basis of seniority, as provided in this section.
(i) The seniority of a service person is determined on the basis of the length of time the 18 CS for SB 1048 employee has been employed by the county board within a particular job classification.
(j) If therepresentatives stateof boardthe eliminatesWest serviceVirginia personnelDepartment positionsof inEducation ainform the county schoolsuperintendent districtthat pursuantservice topersonnel §18A-4-23positions, of this code and as a result a county board is required to reduce the number Intr SB 1048 2026R4303 of service personnel within a particular job classification,classification need to be reduced due to lack of need pursuant to §18A-4-23 of this code, the following conditions apply:
(k) After thea statereduction boardin eliminatesforce serviceor personneltransfer positionsthat andis caused by a reduction in force or transfer is approved, but prior to August 1, a county board the state board in its sole and exclusive judgment may determine that the reason for any particular reduction in force or transfer no longer exists.
(1)After Ifa thetransfer statethat boardis makesnot thiscaused determination,by ita andreduction notifiesin theforce countyis boardapproved, ofbut thisprior determination,to theAugust 1, a county board shall rescind the reduction in forceit orsole transfer and theexclusive countyjudgment boardmay shalldetermine notifythat the affectedreason employeefor in writing of the righttransfer tono belonger restoredexists. to his or her former position of employment.
(2)(1) TheIf affectedthe employeeboard, shallmakes notifythis determination, it it is determined that the countyreason boardfor ofany hisparticular reduction in forve or hertransfer intentno tolonger returnexists, toshall rescind the formerreduction positionin offorce employmentor withintransfer fiveshall daysbe ofrescinded beingand notify the affected employee shall be notified orin losewriting of the right to be restored to thehis or her former position.position of employment.
(3)(2) The countyaffected boardemployee mayshall notnotify rescind the reductioncounty inboard forcesuperintendent of anhis employeeor untilher allintent serviceto personnelreturn withto morethe seniorityformer inposition theof classificationemployment categorywithin onfive thedays preferredof recallbeing listnotified haveor beenlose offered the opportunityright forto recall19 toCS regularfor employmentSB as1048 providedbe inrestored thisto section.the former position.
(3) The county state board may not rescind the reduction in force of an employee until all service personnel with more seniority in the classification category on the preferred recall list have been offered the opportunity for recall to regular employment as provided in this section.
Intr SB 1048 2026R4303 (l) If two or more service persons accumulate identical seniority, the priority is determined by a random selection system established by the employees and approved by the county board.
(q) A position opening may be filled by the county board, whether temporary or permanent, until all service personnel on the preferred recall list have been properly notified of existing 20 CS for SB 1048 vacancies and have been given an opportunity to accept reemployment.
(1) A service person denied promotion or employment in violation of this section shall be Intr SB 1048 2026R4303 awarded the job, pay and any applicable benefits retroactively to the date of the violation and shall be paid entirely from local funds.
(a) Beginning with the decisions on eliminating or reducing the number of school personnel positions due to lack of need being made for the 2026-2027 school year and all school years thereafter, the responsibility for making determinations on eliminatingreductions ain positionforce or any number of positions due to lack of need for all county school districts is transferred from the county boards of those districts to the state board.
This(b) authorityIn onlydetermining extendswhether toa eliminatingreduction ain positionforce ornecessary, positionsthe state board shall consider whether and notby how many positions the individualcounty school employeedistrict orhas employeesemployed fillingpersonnel thoseover positions.the numbers that are included in the foundation allowance for professional educators in accordance with the ratios in §18A-9A-4 of this code and the number included in the foundation allowance for service personnel in accordance with the ratios in §18-9A-5 of this code.
Any(c) transfersFor orany dismissalspositions ofthat theare individualover schoolthe personnelnumbers thatincluded arein employedthe infoundation thoseallowance eliminatedfor positionsprofessional educators and necessarythe duefoundation toallowance seniorityfor andservice otherpersonnel, factorsthe remainscounty superintendent shall provide information on the responsibilitysource of the countyadditional board.funds to pay for those 21 CS for SB 1048 additional positions.
In(d) implementingIf anythe transfersstate orboard dismissalsdetermines necessary due to the state board's elimination of a position or positions duein toa lackschool ofdistrict need,is thenecessary countydue board shall continue to abidelack by §18A-2-2, §18A-2-7, §18A-4-7a, §18A-4-8b, and any other applicable section of code.need:
(b) In determining whether elimination of positions due to lack of need is necessary, the state board shall consider whether and by how many positions the county school district has employed personnel over the numbers that are included in the foundation allowance for professional educators in accordance with the ratios in §18A-9A-4 of this code and the number included in the foundation allowance for service personnel in accordance with the ratios in §18-9A- 5 of this code.
(c) For any positions that are over the numbers included in the foundation allowance for professional educators and the foundation allowance for service personnel, the county board shall provide information on the source of the additional funds to pay for those additional positions.
Intr SB 2026R4303 (d) If the state board determines that elimination of a position or positions in a school district is necessary due to lack of need:
NOTE:(e) For each county school district where it's determined that positions need to be reduced, the process for determining the positions to be cut as a result of the reduction in force includes the following:
The(1) purposeRepresentatives from the West Virginia Department of thisEducation billand isthe county superintendent shall meet to transferevaluate the responsibilitynumber forof makingpositions determinationsthe oncounty eliminating school personneldistrict positionshas dueemployed toover lackthe ofnumber needthat are included in the foundation allowance for allprofessional countyeducators schooland districtsthe fromnumber included in the countyfoundation boardsallowance offor thoseservice districtspersonnel, sources of funds to thepay Westfor Virginiaany Boardpositions ofover Education.those numbers, and other relevant data;
Strike-throughs(2) indicateAfter languagethe thatmeeting wouldrequired beby strickensubdivision from(1) aof headingthis orsubsection, the presentWest lawVirginia andDepartment underscoringof indicatesEducation newrepresentatives languageshall inform the county superintendent of the number of professional personnel and service personnel that wouldthe county school district needs to be added.reduced due to lack of need;
22(3) Representatives of the West Virginia Department of Education and the county superintendent shall have a second meeting where the county superintendent presents the final plan with the positions identified;
(4) If the representatives of the West Virginia Department of Education finds the final plan acceptable, the plan shall be submitted to the state board for its approval.
(5) If the representatives of the West Virginia Department of Education does not find the plan acceptable, the representatives of the West Virginia Department of Education shall submit an 22 CS for SB 1048 alternative plan to the state board for its approval.
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View plain text versions (2)
- Committee Substitute View text Current pdf
- Introduced Introduced Version pdf
Action History
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Filed for introduction
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To Education then Finance
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Introduced in Senate
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To Education
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Committee substitute reported, but first to Finance
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To Finance
Sponsors
- Weld · Cosponsor
- Woelfel · Cosponsor
- Amy Grady · Primary
- Charles H. Clements · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 148 not signed on
Sponsors (1)
- Amy Grady Republican
Co-sponsors (3)
- Weld
- Woelfel
- Charles H. Clements Republican
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 1048 do?
- Transferring responsibility of school position eliminations to WV Board of Education
- Who sponsors SB 1048?
- SB 1048 is sponsored by Weld, Woelfel, Amy Grady (Republican), and Charles H. Clements (Republican).
- What is the current status of SB 1048?
- This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1048?
- Track SB 1048 free on One Click Politics — get push/email alerts when it moves.
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