Current through Register Vol. XLI, No. 38, September 20, 2024
7.1. A faculty senate may establish a process
for members to interview or otherwise obtain information regarding applicants
for classroom teaching vacancies that will enable the faculty senate to submit
recommendations regarding employment to the principal. A faculty senate wishing
to submit hiring recommendations to the principal shall utilize one of the
processes set forth below. These processes and procedures are designed to be
effective and consistent among schools and counties and are designed to avoid
litigation or grievance. At the conclusion of each school semester a faculty
senate may vote to change its adopted process for the next ensuing semester.
Additionally, if a faculty senate desires to make hiring recommendations over
the summer break, it may use the process then in place, if any, or it may vote
to adopt a different process to be used only during the summer break. Nothing
herein shall be construed to require a faculty senate to participate in the
recommendation process, however, failure to participate as provided below will
cause the right of the faculty senate to make employment recommendations to be
forfeited.
7.1.a. Hiring Committee
7.1.a.1. The majority of the faculty senate
may elect a committee, including a committee chair, which will be responsible
for making hiring recommendations regarding classroom teachers. Committees and
chairs shall be elected by the faculty senate according to one of the following
models:
7.1.a.1.A. Three individuals, which
shall include a chair, elected by the majority of the members of the faculty
senate; or
7.1.a.1.B. Not less than
seven nor more than eleven individuals, which shall include a chair, elected by
a majority of the faculty senate.
7.1.a.1.B.1. When electing the committee
members, the faculty senate should give consideration to selecting individuals
who represent the spectrum of curriculum and content areas taught at the
school, provided that the failure of the faculty senate to select individuals
who represent the spectrum of curriculum and content areas at the school shall
not invalidate their election or any subsequent recommendation they
render.
7.1.a.1.B.2. When utilizing
this option, the committee chair shall select three members from the larger
committee to form a panel which will make a recommendation for each classroom
teacher to be hired. The selection of the three members shall be based, as far
as is practical, on the subject matter to be taught by the teacher to be hired
as determined on a case by case basis. The failure of the committee chair to
select three members based on the subject matter to be taught by the new
teacher will not invalidate the faculty senate's selection or be the basis for
objection by any prospective employee or any other person. The committee chair
shall be responsible for ensuring that the hiring recommendation made by the
three person panel is delivered to the principal in a timely manner.
7.1.b.
Single Designee
7.1.b.1. The majority of the
faculty senate may elect a single designee who will be responsible for making
hiring recommendations regarding classroom teachers. In choosing the single
designee model, the faculty senate shall select one of the following options:
7.1.b.1.A. The single designee shall have the
discretion to ask up to two other faculty senate members to assist him or her
in reviewing relevant application materials or interviewing applicants at his
or her discretion. The selection of assistants by the single designee shall be
based, as far as is practical, on the subject matter to be taught by the
teacher to be hired as determined on a case by case basis. The additional
faculty senate members must have completed the WVDE designated or approved
interview training prior to assisting the single designee. Failure of the
single designee to select additional faculty senate members to assist him or
her in rendering a recommendation will not invalidate the designee's
recommendation or be the basis for objection by any prospective employee or any
other person. The single designee shall be responsible for ensuring that the
recommendation is delivered to the principal in a timely manner.
7.1.b.1.B. The single designee shall ask up
to two other faculty senate members to assist in reviewing relevant application
materials or interviewing applicants at the designee's discretion. The
selection of assistants by the single designee shall be based, as far as is
practical, on the subject matter to be taught by the teacher to be hired as
determined on a case by case basis. The additional faculty senate members must
have completed the WVDE designated or approved interview training prior to
assisting the single designee. Failure of the single designee to select
additional faculty senate members to assist him or her in rendering a
recommendation shall invalidate the designee's recommendation. The single
designee shall be responsible for ensuring that the recommendation is delivered
to the principal in a timely manner.
7.2. For purposes of considering and making
hiring recommendations, the following rules shall apply to faculty senates:
7.2.a. The principal will notify the chair of
the hiring committee or the single designee in writing when the list of
candidates meeting the minimum qualifications listed in the job posting for a
classroom teaching position is final and will provide the chair of the hiring
committee or the single designee with a list of the candidates and relevant
application materials. A faculty senate may, but is not required, to adopt a
policy permitting the superintendent or his or her designee to narrow the pool
of qualified applicants to no fewer than three qualified applicants, unless
fewer than three qualified individuals apply, who appear to be the most
qualified based on an examination of the factors set forth in W. Va. Code
§
18A-4-7a(b)(1)
through (9). Within twenty-four hours of such
notice, the hiring committee chair or single designee will notify the principal
in writing if an interview of candidates is requested. For purposes of this
section, electronic mail communications shall satisfy the requirement of
providing written notification. Further, for purposes of this section and this
policy, interviews shall be permitted to occur in-person or via telephone,
teleconference or other virtual means.
7.2.b. A faculty senate hiring committee or
single designee may consider and make recommendations after reviewing the
application materials provided without participation in an interview. All
application materials shall be maintained confidentially by all parties and
shall not be disclosed or discussed in any manner with individuals who are not
part of the hiring/recommendation process for an individual teacher. All
application materials shall be returned to the principal by the hiring
committee chair or single designee at the time the recommendation is delivered
to the principal.
7.2.c. If a
request for an interview is made, then a faculty senate hiring committee or
single designee may consider and make recommendations after participating in
interviews of candidates for classroom teaching positions, subject to the
following:
7.2.c.1. Prior to participating in
interviews or otherwise participating in the recommendation process, a faculty
senate member must complete interview training as designated or approved by the
West Virginia Department of Education. Once a faculty senate member has
completed the designated interview training, additional training shall not be
required unless the WVDE or superintendent determines that additional training
shall occur.
7.2.c.2. The principal
will notify the hiring committee members or single designee in writing of the
time and place that the interview will be conducted. For purposes of this
section, electronic mail communications shall satisfy the requirement of
providing written notification. In determining when and where interviews will
occur, consideration shall be given to accommodating the time and travel needs
of the applicants and the faculty senate members. Interviews shall be scheduled
in such a way that faculty senate members can participate while also minimizing
classroom disruption to the greatest extent possible. Whenever possible,
interviews shall be conducted at the school where the applicant will spend the
majority of his or her instructional time. However, the superintendent or his
or her designee shall have the authority to conduct interviews at alternate
locations if necessary.
7.2.c.3.
Interviews of applicants will be conducted jointly with the principal, however,
hiring committee members or single designees shall have the authority to
deliberate and make their hiring selections separate and apart from the
principal.
7.2.c.4. In asking
questions during an interview, each applicant shall be asked an identical set
of initial questions. The questions to be asked may be determined jointly by
the principal and the hiring committee or single designee or, in the
alternative, the principal and the hiring committee or single designee may
prepare questions independently of one another. Provided, that nothing herein
shall prohibit the asking of unique follow-up questions to each applicant based
on his or her responses to the uniform set of initial questions. The asking of
unique follow-up questions to each applicant based on his or her responses to
the uniform set of initial questions will not invalidate the recommendation or
selection of the applicant by either the superintendent, principal, hiring
committee, single designee, or faculty senate chair and shall not be the basis
for objection by any prospective employee or any other person so long as those
questions do not violate federal or state employment laws.
7.2.d. A hiring committee chair or a single
designee must submit a recommendation to the principal within the following
timelines:
7.2.d.1. Where no interview is
requested by the hiring committee or single designee, three days after receipt
of application materials.
7.2.d.2.
Where an interview is requested and conducted, within two days of the
completion of interviews for a position.
7.2.d.3. The timelines set forth above may be
shortened by the superintendent if necessary to comply with the timelines for
filling positions set forth in W. Va. Code §
18A-4-7a.
The timelines may also be shortened to meet other hiring needs of the county
school system with the approval of the hiring committee chair or single
designee.
7.2.e. Nothing
in this policy or in statute requires that any applicant be interviewed prior
to being recommended or selected to fill a vacancy and nothing requires that
every applicant meeting the minimum qualifications of a posting be interviewed
prior to being recommended or selected to fill a vacancy. However, the
superintendent, principal, hiring committee, or single designee, as applicable,
shall each have the authority to interview qualified job applicants at their
discretion. A faculty senate may, but is not required, to adopt a policy
permitting the superintendent or his or her designee to narrow the pool of
qualified applicants to no fewer than three qualified applicants, unless fewer
than three qualified individuals apply, who appear to be the most qualified
based on an examination of the factors set forth in W. Va. Code §
18A-4-7a(b)(1)
through (9).
7.3. Classroom teachers who directly
participate in making recommendations for filling classroom teaching positions
pursuant to the options set forth in this policy for periods beyond his or her
individual contract shall be compensated based on his or her daily rate of pay,
prorated to an hourly rate. The principal shall require that the participating
teachers keep time sheets documenting the actual time spent on the
recommendation process and shall verify that the time sheets are accurate
before submitting them for payment. In no event shall a teacher be entitled to
payment for more than two hours per position. However, if there are more than
four qualified applicants for a single classroom teacher position who are
selected for an interview by the hiring committee chair or single designee, the
faculty senate members participating in the interviews may be compensated for
an additional hour for actual time spent on the interview process for that
position.
7.4. For purposes of this
policy, an itinerant teacher shall be considered to be assigned to the school
where he or she spends the majority of his or her instructional time. If an
itinerant teacher does not spend the majority of his or her instructional time
in any one school, the itinerant teacher shall be considered to be assigned to
a school as designated by the county superintendent.
7.5. The West Virginia Ethics Act prohibits
public school employees from participating in any hiring decisions involving
relatives or cohabitating sexual partners. "Relatives" are defined as
individuals who are related to the employee as father, mother, son, daughter,
brother, sister, spouse, grandmother, grandfather, grandchild, mother-in-law,
father-in-law, sister-in law, brother-in-law, son-in-law or
daughter-in-law. If a faculty senate representative must recuse himself or
herself for this reason, an alternate member may be appointed by the committee
chair or the single designee.
