H. B. 2865
(By Delegates Brown, Spencer, Susman, Webster,
Marshall and Longstreth)
[Introduced March 4, 2005; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-10A-2a of the code of West
Virginia, 1931, as amended, relating to providing that
rehabilitation counselors employed by the Division of
Rehabilitative Services shall be paid at an equivalent rate to
public school counselors.
Be it enacted by the Legislature of West Virginia:
That §18-10A-2a of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-2a. Rehabilitation teachers and rehabilitation counselors.
Notwithstanding any other provision of this code to the
contrary, beginning the first day of July,
one thousand nine
hundred ninety-six two thousand five, rehabilitation teachers
and
rehabilitation counselors shall be paid at the equivalent rate of
pay of teachers, pursuant to section two, article four,
of this chapter chapter eighteen-a of this code: Provided, That
rehabilitation teachers
and rehabilitation counselors shall be paid
outside the public school support plan, defined in section one,
article nine-a of this chapter, and shall receive the equivalent of
the salary supplement paid to teachers employed by the county board
within the county where the facility of the Division is located,
pursuant to section five-a, article four,
of this chapter chapter
eighteen-a of this code. Provided, however, That any person who
received an increase in salary, pursuant to section seventeen,
article four, chapter eighteen-a of this code, prior to the first
day of July, one thousand nine hundred ninety-six, shall continue
to receive the increased salary level
For purposes of this section, the following words shall be
construed as follows:
(a) "Rehabilitation teacher" means any person employed by the
Division and who meets the certification requirements of section
two-a, article three, chapter eighteen-a of this code, or who has
been certified to teach by a state or nationally recognized
organization, as approved by the office of the Secretary of
Education and the Arts. Such teachers shall maintain current
certification in their teaching areas in order to remain employed.
Such persons also shall teach only in the areas in which they are
certified:
Provided, That teachers who were employed on or before
the first day of April, one thousand nine hundred ninety-five, shall be exempt from the following requirements: (1) Certification
pursuant to section two-a, article three, chapter eighteen-a of
this code; (2) maintenance of current certification in their
teaching areas in order to remain employed; and (3) teaching only
in the areas in which they are certified.
(b) "Rehabilitation counselor" means any person meeting the
education and certification standards set forth by the Division for
the position of rehabilitation counselor and who is employed by the
Division in that capacity.
(b) (c) "Equivalent rate of pay" means an annualized rate
based on a
two hundred forty-day teaching schedule teacher's daily
rate of pay multiplied by two hundred sixty-one days, and includes
pay for vacation and legal state holidays.
NOTE: The purpose of this bill is to provide that
rehabilitation counselors employed by the Division of
Rehabilitative Services shall be paid at an equivalent rate to
public school counselors.
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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