Removing county residency requirement for county superintendent of schools

SB 694 Text

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WEST virginia legislature
2026 regular session
Enrolled
Committee Substitute
for
Senate Bill 694
By Senators Grady and Deeds
[Passed March 9, 2026; in effect 90 days from passage (June 7, 2026)]

AN ACT to amend and reenact §18-4-1 of the Code of West Virginia, 1931, as amended, relating to removing the requirement for a county superintendent of schools to reside in the county in which he or she serves or in a contiguous county; allowing the county board to require that the county superintendent reside within the county in which he or she serves; and allowing the county board to prohibit the county superintendent from working remotely and to establish exceptions to this prohibition.
Be it enacted by the Legislature of West Virginia:

ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

§18-4-1. Election and term; interim superintendent.

(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.
(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.
(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 superintendent:
(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 year, 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 subject to the following:
(1) The county board may require in its contract with the county superintendent that he or she reside within the county in which he or she serves;
(2) The county board may prohibit in its contract with the county superintendent him or her from working remotely and establish exceptions to this prohibition; and
(3) The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate

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Clerk of the House of Delegates

Originated in the Senate.

In effect 90 days from passage.

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Speaker of the House of Delegates

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

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