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

2026 Regular Session Introduced by Joe Ellington and 3 co-sponsors

Allows dismissed-for-no-need teachers to transfer into unfilled vacancies based on length of service, effective next school year.

Chapter 125, Acts, Regular Session, 2026

#education(k12)

Overview

HB 5012 (2026, West Virginia) amends provisions related to in-year movement of school personnel, specifically addressing dismissal due to lack of need and reassignments within county boards of education. The bill establishes a process for transferring dismissed teachers into unfilled vacancies based on length of service, with certain conditions and protections. It would take effect in the following school year and clarifies grievance rights for affected teachers.

Purpose and intent

Provide a mechanism for reassigning teachers who are dismissed due to lack of need into unfilled vacant positions.

Establish transfer priority based on length of service with the county board of education.

Create conditions under which transfers occur, and ensure transfers are not considered arbitrary, capricious, or retaliatory.

Allow reassignment of school personnel after a specified point in the school year.

Preserve teachers’ rights to file grievances if provisions are violated.

Key provisions and changes

Transfers in lieu of placement on preferred lists:

In cases of dismissal for lack of need, a dismissed teacher may be transferred into an unfilled vacant position.
Eligibility priority for transfers is based on length of service with the county board of education.
These transfers are not effective until the following school year.
Transferred teachers retain the option to apply for other positions.

Timing and conditions for reassignment:

Reassignment of school personnel may occur after the last day of the second school month, subject to specified conditions.

Guardrails:

Transfers may not be made for arbitrary, capricious, or retaliatory reasons.

Recourse for affected teachers:

Teachers may file a grievance if there is a violation of the bill’s provisions.

Who is affected

Dismissed teachers due to lack of need within a county board of education.

County boards of education (employing entities) responsible for implementing transfers and reassignment processes.

Other school personnel and applicants for positions who may compete for vacancies.

Teachers seeking to challenge improper transfers through grievances.

Procedural and timeline aspects

Effective date: Transfers under this framework would be applicable beginning with the following school year.

Annual cycle considerations:

Transfers are tied to the status of vacancies and the length of service.
Reassignments after the second month of the school year are allowed under specified conditions.

Legislative history highlights:

Passed through House and Senate with amendments, including a title amendment.
Enacted into law (Chapter 125, Acts, Regular Session, 2026) on June 29, 2026.
Governor action completed in early April 2026 prior to final enactment.

Practical impact and considerations

Could reduce displacement by offering a pathway for dismissed teachers to remain employed in a district via vacancies.

Shifts emphasis to tenure-based transfer decisions, potentially affecting hiring dynamics and vacancy management.

Requires clear procedures at the county board level to assess vacancies and determine eligibility for transfers.

Grievance mechanism provides a formal recourse for teachers who believe the transfers violated the statute’s protections.

If you’d like, I can provide a comparison with current WV code sections (18A-2-2 and 18A-2-7) to highlight exact statutory changes and how the new language would read in practice.