Marion County Board of Education v. Bonfantino

MILLER, Justice:

We accepted this case to resolve what appear to be varying interpretations of W.Va.Code, 18A-4-8b(a), by local school boards. The question presented is whether a public school principal may reassign a teacher to an unposted vacancy within the school. The Circuit Court of Marion County, in reliance upon a memorandum by the state superintendent of schools, determined that a vacancy need not be posted where it is filled by intraschool appointment. We conclude that the posting requirements of W.Va.Code, 18A-4-8b(a), are mandatory for all teacher vacancies, and reverse the judgment…