SB 1061 — Authorizing reassignment of school personnel in certain instances

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 1061 ByBY SenatorSENATORGRADY GradyANDEEDS [Introduced[Reported February 21,26, 2026;2026, from the Committee on Education] CS for SB 1061 A BILL to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating to authorization for reassignment of teachers or service personnel to another school or to another grade level or program within the school under certain circumstances;

referredcreating toan theexception Committee on Education] Intr SB 1061 2026R4316 A BILL to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating to removing prohibition against reassigningthe schoolreassignment personnel in certain instances after the last day of the second school month.month;

prohibiting any transfer from being made based on arbitrary, capricious, or retaliatory reasons;

and allowing any teacher who believes his or her transfer violated certain provisions to file a grievance.

Assignment, transfer, promotion, demotion, suspensionsuspension, and recommendation of dismissal of school personnel by superintendent;

(a) The superintendent, subject only to approval of the board, may assign, transfer, promote, demotedemote, or suspend school personnel and recommend their dismissal pursuant to the provisions of this chapter.

The statement of reasons shall be delivered to the teacher or employee within ten 10 days of the receipt of the request.

Within ten 10 days of the receipt of the statement of the reasons, the teacher or employee may make written demand upon the superintendent for a hearing on the proposed transfer before the county board.

CS for SB 1061 (b) The superintendent at a meeting of the board on or before May 1 shall furnish in writing to the board a list of teachers and other employees to be considered for transfer and subsequent assignment for the next ensuing school year.

Intr SB 1061 2026R4316 All other teachers and employees not so listed shall be considered as reassigned to the positions or jobs held at the time of this meeting.

The list of those recommended for transfer shall be included in the minute record of the meeting and all those so listed shall be notified in writing and shall be delivered within ten 10 days following the board meeting, with written receipt notification documented by the superintendent, and shall state that the person is being recommended for transfer and subsequent assignment and the reasons therefor.

(c) The superintendent's authority to suspend school personnel shall be temporary only pending a hearing upon charges filed by the superintendent with the county board and the period of suspension may not exceed thirty 30 days unless extended by order of the board.

(e) 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 sizesize, or caseload standard established in section eighteen-a, article five, chapter eighteen §18-5-18a 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 sizesize, or caseload standard.

CS for SB 1061 (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 county board to state the reasons for his or her objections, if any, prior to the board voting on the reassignment.

(2) Except as otherwise provided in subdivision (1) of this subsection, the reassignment Intr SB 1061 2026R4316 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.met:

Provided, That the reassignment may not occur after the last day of the second school month.month unless student population shifts have resulted in a teacher or service personnel being without any instructional responsibilities or work assignments:

Provided, however, That no transfer shall be made based on arbitrary, capricious, or retaliatory reasons.

Any teacher who believes that his/her transfer violated these provisions may file a grievance pursuant to the West Virginia Public Employees Grievance Procedure set forth in §6C-2-1 et seq.

of this code.

(5) No school employee's annual contract term, compensationcompensation, or benefits shall be changed as a result of a reassignment under this subsection.

NOTE:

The purpose of this bill is to remove the prohibition against reassigning school personnel in certain instances after the last day of the second school month.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.