H. B. 2233
(By Delegate Hubbard)
[Introduced
February 15, 2001
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section sixteen, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing
additional hourly pay to classroom teachers who are required
to perform additional instruction outside their regular daily
schedules.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article four, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-16. Extracurricular assignments.
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual agreement
of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular duties
shall mean, but not be limited to, any activities that occur at
times other than regularly scheduled working hours, which include
the instructing, coaching, chaperoning, escorting, providing
support services or caring for the needs of students, and which
occur on a regularly scheduled basis: Provided, That all school
service personnel assignments shall be considered extracurricular
assignments, except such assignments as are considered either
regular positions, as provided by section eight of this article, or
extra-duty assignments, as provided by section eight-b of this
article: Provided, however, That any classroom teacher who is
employed or assigned to perform instructional duties outside his or
her regular daily schedule shall be paid the hourly equivalent of
his or her regular daily rate of pay for each hour or major
fraction thereof that he or she performs those duties.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the
employee and the board shall be in writing and signed by both
parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in this
section and shall not be conditioned upon the employee's acceptance
or continuance of any extracurricular assignment proposed by the
superintendent, a designated representative, or the board.
(5) The board shall fill extracurricular school service
personnel assignments and vacancies in accordance with section
eight-b of this article: Provided, That an alternative procedure
for making extracurricular school service personnel assignments
within a particular classification category of employment may be
utilized if the alternative procedure is approved both by the
county board and by an affirmative vote of two thirds of the
employees within that classification category of employment.
NOTE: The purpose of this bill is to remunerate classroom
teachers for teaching duties assigned them outside their regular
daily schedule.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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