West Virginia Code § 18-4-1

Election and term; interim superintendent
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(a) The county superintendent shall be appointed by the board upon a majority vote of the
members thereof to serve for a term of not less than one, nor more than four years. At the
expiration of the term or terms for which he or she shall have been appointed, each county
superintendent shall be eligible for reappointment for additional terms of not less than one,
nor more than four years. e
(1) At the expiration of his or her term or terms of service the county superintendent may
transfer to any teaching position in the county for which he or she is qualified and has
seniority, unless dismissed for statutory reasons. u
(2) The appointment of the county superintendent shall be made between January 1 and June
1 for a term beginning on July 1 following the appointment.
(b) In the event of a vacancy in the superintendent's position that results in an incomplete
term, the board may appoint an interim county suplerintendent:
(1) To serve until the following July 1 if the vacancy occurs before March 1.
(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1,
unless a superintendent is appointed sooner.
(c) 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 the board determine that the
incapacity no longer exists. An acting superintendent may not serve in that capacity for more
than one yearV, nor later than the expiration date of the superintendent's term, whichever
occurs sooner, unless he or she is reappointed by the county board.
(d) Immediately following the appointment of a county superintendent or an interim county
superintendent, the president of the county board 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.
(e) During his or her term of appointment, the county superintendent shall be a state
resident and shall reside in the county which he or she serves or in a contiguous county. The
county superintendent in office on the effective date of this section shall continue in office
until the expiration of his or her term.

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