H. B. 3025
(By Delegates Houston, Susman, Willis, Sparks, Armstead, Harrison
[Passed March 12, 1999; in effect July 1, 1999.]
AN ACT to amend article four, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten-c; and to
amend and reenact section four, article five of said chapter,
all relating to increasing compensation for county school
board members; allowing county boards of education to
establish certain personal leave banks; definition of care
giver; and rules adopted by the county board.
Be it enacted by the Legislature of West Virginia:
That section four, article five, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, be amended
and reenacted; and that article four, chapter eighteen-a be amended
by adding thereto a new section, designated section ten-c, to read
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with state and
The board shall meet on the first Monday of January, except
that in the year one thousand nine hundred eighty-two, and every
year thereafter, the board shall meet on the first Monday of July,
and upon the dates provided by law for the laying of levies, and at
such other times as the board may fix upon its records. At any
meeting as authorized above and in compliance with the provisions
of article four of this chapter, the board may employ such
qualified teachers, or those who will qualify by the time of
entering upon their duties, necessary to fill existing or
anticipated vacancies for the current or next ensuing school year.
At a meeting of the board, on or before the first Monday of May,
the superintendent shall furnish in writing to the board a list of
those teachers to be considered for transfer and subsequent
assignment for the next ensuing school year; all other teachers not
so listed shall be considered as reassigned to the positions held
at the time of this meeting. Such list of those recommended for
transfer shall be included in the minute record and the teachers so
listed shall be notified in writing, which notice shall be
delivered in writing, by certified mail, return receipt requested,
to such teachers' last-known addresses within ten days following
said board meeting, of their having been so recommended for transfer and subsequent assignment.
Special meetings may be called by the president or any three
members, but no business shall be transacted other than that
designated in the call.
In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not less than
ten days after such budget has been made available to the public
for inspection and within a reasonable time prior to the submission
of said budget to the state board for approval and at such hearing
reasonable time shall be granted to any person or persons who wish
to speak regarding parts or all of such budget. Notice of such
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code.
A majority of the members shall constitute the quorum
necessary for the transaction of official business.
Board members may receive compensation at a rate not to exceed
one hundred dollars per meeting attended. But they shall not
receive pay for more than sixty meetings in any one fiscal year.
Members shall also be paid, upon the presentation of an
itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the board.
When, by a majority vote of its members, a county board deems it a matter of public interest, such board may join the West
Virginia school board association and the national school board
association, and may pay such dues as may be prescribed by said
associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses of board
members for attending meetings of the West Virginia school board
association may be paid by their respective county boards out of
funds available to meet actual expenses of the members, but no
allowance shall be made except upon sworn itemized statements.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10c. Personal leave banks for care givers.
(a) For the purposes of this section, "care giver" means any
employee of a county board of education who is a spouse, child or
parent of any employee who meets the following qualifications:
(1) He or she is an employee of the same county board of
education as the care giver; and
(2) He or she currently is eligible to receive benefits from
the personal leave bank established in section ten of this article.
(b) A county board of education may establish a personal leave
bank for care givers which is separate from any personal leave bank
as defined in section ten of this article. The personal leave bank
shall be operated pursuant to rules adopted by the county board
which shall include, but not be limited to the following:
(1) An employee may contribute no more than two days of
personal leave per school year;
(2) The bank shall be established either jointly or separately
for both professional personnel and school service personnel and
shall be available to all school personnel;
(3) The rules may limit the maximum number of days used by a
(4) The rules shall require that leave bank days be used only
by a care giver who is absent from work during the same time period
as the absent employee for whom care is being provided; and
(5) The rules shall require that the care giver is an active
employee with less than five days accumulated personal leave.
(d) The use of such days by the care giver for the extension
of insurance coverage pursuant to section twelve, article sixteen,
chapter five of this code is prohibited.
(e) Contributions shall reduce, to the extent of the
contribution, the number of personal leave days to which a
contributing employee is entitled by section ten of this article:
That the employee's contribution may not reduce the
number of entitled personal leave days without cause.
(f) No employee may be compelled to contribute to a personal