West Virginia law lets counties reassign school staff under specific conditions

A dismissed teacher may be placed on a preferred list or transferred to an unfilled vacancy. This applies when a teacher is dismissed because the county board does not need the teacher's services. The county must consider teachers in order of their length of service. The teacher must be qualified for the position, and a transfer remains under the teacher's existing continuing contract. A transfer takes effect in the following school year. It does not stop the teacher from applying for another position.

With school board approval, a superintendent may reassign surplus school personnel to another school or to another grade or program. This covers surplus teachers and service employees at a school, grade level, or program affected by the unexpected enrollment change. The reassignment must respond to an unexpected enrollment change that means fewer staff are needed under a student-teacher, class-size, or caseload rule. Before the board votes, the employee must receive notice and a chance to explain any objection. The reassignment may not be arbitrary, capricious, or retaliatory. After the second school month, reassignment is allowed only if enrollment shifts leave a teacher or service employee without instructional duties or a work assignment. The least senior surplus employee qualified for the work is selected. Pay, benefits, and contract terms cannot change. A reassignment may happen during the school year, but generally cannot happen after the last day of the second school month. After that date, it is allowed only when enrollment shifts leave an employee without instructional duties or a work assignment.