Morgan County Schools
Bylaws & Policies


The Board of Education vests the primary responsibility for administration of this County in the Superintendent of Schools. The appointment of that officer is, therefore, one of the most important functions the Board can perform.

Whenever the position of Superintendent shall be vacant, the Board shall appoint a Superintendent of Schools as chief executive officer and fix his/her salary and term of office which shall be no less than one (1) year and no more than four (4) years.

The appointment of the Superintendent shall be made after January 1st, and on or before June 1st for a term beginning on the first day of July following the appointment.

On or before June 1st of the year in which the Superintendent is appointed, the Board shall fix the annual salary of the Superintendent for the period of appointment for the term beginning on the following July 1st. The Board shall pay the salary from the general current expense fund of the County.

In the event of a vacancy in the Superintendent's position that results in an incomplete term, the Board may appoint an interim County Superintendent to serve until the following July 1st if the vacancy occurs before March 1st. If the vacancy occurs on or after March 1st, the interim Superintendent may serve until July 1st of the next following year unless a Superintendent is appointed sooner. WV Code 18-4-1(b).

If the Superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the County Board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the County Board shall appoint an acting Superintendent to serve until a majority of the members of that Board determine that the incapacity no longer exists. An acting Superintendent may not serve in that capacity for more than one (1) year, nor later than the expiration date of the Superintendent's term, whichever occurs sooner, unless s/he is reappointed by the County Board.

The Board shall actively seek the best qualified and most capable candidate for the position of County Superintendent.

Recruitment procedures shall be prepared in advance of the search and shall include the following:

 A.the preparation of a written job specification for the position of Superintendent

 B.preparation of written specifications of qualification in addition to proper State licensing

 C.preparation of informative material describing this County and its educational goals

 D.where feasible, the opportunity for applicants to visit the schools of this County

 E.the requirement that each selected candidate for the position be interviewed by Board members in a format that encourages him/her to express his/her educational philosophy

 F.solicitation of applications from a wide geographical area

 G.consideration of all applicants fairly without discrimination on the basis of race, gender, age, religion, ethnic background, or disability.

The County Superintendent shall hold a professional administrative certificate endorsed for Superintendent, or a first class permit endorsed for Superintendent subject to the following:

 A.A Superintendent who holds a first class permit for Superintendent may be appointed for one (1) year only, and may be re-appointed two (2) times for an additional year each upon an evaluation by the County Board and a determination of satisfactory performance and reasonable progress towards completion of the requirements for a professional administrative certificate endorsed for Superintendent. 18-4-2 (a)(1), Code of West Virginia.

 B.Any candidate for Superintendent who possesses an earned doctorate from an accredited institution of higher education and has either completed three (3) successful years of teaching in public education or has the equivalent of three (3) years of experience in management or supervision as defined by State Board Rule, after employment by the Board shall be granted a permanent administrative certificate and shall be a licensed County Superintendent. 18-4-2 (a)(2), Code of West Virginia.

 C.The State Board shall promulgate a legislative rule to address those cases where a County Board finds that course work needed by the Superintendent who holds a first class permit is not available or is not scheduled at State institutions of higher education in a manner which will enable the Superintendent to complete normal requirements for a professional administrative certificate within the three (3) year period allowed under permit.

 D.Any person employed as an assistant superintendent or educational administrator prior to June 27, 1988, and who was previously employed as Superintendent is not required to hold the professional administrative certificate endorsed for Superintendent.

No person may be employed as Superintendent of this County unless s/he has signed an employment contract with the Board. Such contract shall include:

 A.the term for which employment is contracted, including beginning and ending dates;

 B.the salary which the Superintendent shall be paid and the intervals at which s/he shall be paid;

 C.the benefits to which s/he is entitled;

 D.a conspicuous clause that informs the superintendent that if the State board intervenes in the operation of the county school system pursuant to 18-2E-5, the State Board may vacate the office and void the employment contract;

 E.such other matters as may be necessary to a full and complete understanding of the employment contract.

At the expiration of the term(s) of service the Superintendent is eligible for reappointment for additional terms of not less than one (1) nor more than four (4) years, at the Board’s discretion or, may transfer to any teaching position in the county for which s/he may be qualified and has seniority, unless dismissed for statutory reasons.

The Superintendent so appointed shall devote himself/herself exclusively to the duties of his/her office.

Any candidate's intentional misstatement of fact material to his/her qualification for employment or the determination of his/her salary shall be considered by this Board to constitute grounds for his/her dismissal.

The person selected for the position of Superintendent shall be required to file with the President of the Board a certificate from a licensed physician certifying that a tuberculin skin test has been conducted within four (4) months prior to the beginning of the term as Superintendent, of the type Mantoux test (PPD skin test), approved by the Director of the Division of Health, that certifies the Superintendent does not have tuberculosis in a communicable state based upon the test results and any further study. The cost for the test shall be borne by the County.

After completion of the initial test, the Superintendent shall have an approved tuberculin skin test once every two (2) years or more frequently if medically indicated. Positive reactors to the skin test shall be referred immediately to a physician for evaluation and indicated treatment of further studies.

If the Superintendent is certified by a licensed physician to have tuberculosis in a communicable state s/he shall have his/her employment discontinued or suspended until the disease has been arrested and is no longer communicable.

If the Superintendent fails to complete required follow-up examinations s/he shall be suspended from employment until a report of examination is confirmed.

The President of the Board, immediately upon the appointment of the Superintendent or interim superintendent shall certify the appointment to the State Superintendent. Immediately following the appointment of an acting County Superintendent or a vote by a majority of the members of the County Board that an incapacity no longer exists, the president of the County Board shall certify the appointment, reappointment, or appointment termination of the acting Superintendent to the State Superintendent.

During his/her term of appointment, the County Superintendent shall be a State resident and shall reside in the County which s/he serves or in a contiguous county.

WV Code 18-4-1, 18-4-2, 18-4-4, 18-4-5

Revised 6/1/10