COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 247
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
____________
[Originating in the Committee on Education;
reported March 6, 2002.]
____________
A BILL to amend and reenact article twenty-six, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended; to amend article two-e, chapter eighteen of said
code by adding thereto a new section, designated section
three-e; to amend and reenact sections thirteen, fifteen,
eighteen, eighteen-a and twenty-two, article five of said
chapter; to further amend said article by adding thereto two
new sections, designated sections forty-four and forty-five;
to amend and reenact section five, article five-a of said
chapter; to amend and reenact sections five, five-a and
thirteen-b, article nine-a of said chapter; to amend article
nine-d of said chapter by adding thereto a new section,
designated section nineteen; to amend article twenty-eight of said chapter by adding thereto a new section, designated
section seven; to amend and reenact section two, article two,
chapter eighteen-a of said code; to amend and reenact sections
six and nine, article three of said chapter; and to amend and
reenact sections two, three, five, seven-a, eight, eight-a,
eight-b, fourteen and sixteen, article four of said chapter,
all relating to increasing the salaries of professional and
service personnel; education generally;
legislative findings;
purposes; definitions; governor's cabinet on children and
families; powers and duties of the cabinet; children-, youth-
and family-related executive budget recommendations; creating
children's fund; creating joint commission on children, youth
and families; membership of commission; statewide masterplan
for children, youth and families; requiring interagency
coordinated implementation plans; requiring local service
areas and local coordinating councils; sunset provision;
student transfers from one district to another; creating the
West Virginia science education enhancement initiative
competitive grant program; specifying priorities for grant
awards; providing procedures for grant application and
selection; kindergarten programs; exempting grade levels
included in a middle school from maximum pupil teacher ratio;
including secretaries in the definition of school employees
who may receive training to provide specialized health procedures; including transportation of students to county and
multicounty vocational-technical centers as consideration for
service personnel ratio waiver; providing for increases in the
ratios of professional service personnel per students in net
enrollment over certain period; establishing different ratios
for counties with high and low student population density;
requiring provision of early childhood education programs
for
children attaining age of four; requiring county boards to
develop plan; school calendar; instructional time; scheduling
the primary statewide assessment program; providing two hours
for faculty senate; requiring the school building authority to
provide funding for comprehensive high schools; authorizing
state superintendent to waive assessment requirement for
parochial schools under certain conditions; allowing
superintendent to designate persons to conduct hearings in
proceedings related to the denial or revocation of
certificates; requiring county boards to provide released time
for certain professional educators for certain purposes
without jeopardizing certain rights, privileges, benefits or
accrual of experience; requiring county staff service
personnel development council chair to be a member elected by
members; requiring reports regarding staff development council
account and the staff development council; increasing the
principal's index; updating references to salary schedules used in calculation of salary equity; requiring a board to
rescind a transfer of professional personnel in certain
instances; creating a new service personnel class title of
West Virginia education information system data entry and
administrative clerk and assigning pay grade; including
mechanics, mechanic assistants and chief mechanics in the same
classification category; time limits for duty free lunch and
daily planning periods; and right of service person to retain
extracurricular assignment.
Be it enacted by the Legislature of West Virginia:
That article twenty-six, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that article two-e, chapter eighteen of said
code be amended by adding thereto a new section, designated section
three-e; that sections thirteen, fifteen, eighteen, eighteen-a and
twenty-two, article five of said chapter be amended and reenacted;
that said article be further amended by adding thereto two new
sections, designated sections forty-four and forty-five; that
section five, article five-a of said chapter be amended and
reenacted; that sections five, five-a and thirteen-b, article nine-
a of said chapter be amended and reenacted; that article nine-d of
said chapter be amended by adding thereto a new section, designated
section nineteen; that article twenty-eight of said chapter be
amended by adding thereto a new section, designated section seven; that section two, article two, chapter eighteen-a of said code be
amended and reenacted; that sections six and nine, article three of
said chapter be amended and reenacted; and that sections two,
three, five, seven-a, eight, eight-a, eight-b, fourteen and
sixteen, article four of said chapter be amended and reenacted, all
to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 26. WEST VIRGINIA CHILDREN, YOUTH AND FAMILIES ACT.
§5-26-1. Legislative findings; statement of purpose.
(a) The Legislature finds that the early years of life are a
critical developmental and educational stage in the total life
cycle and declares that parents are the children's first teachers
and have the primary responsibility for meeting the needs and
addressing the development of their children. Therefore, social
programs and services for children, youth and families shall be
built upon respect for the integrity of the family and the belief
in the strength and the ability of families to thrive and the
ability of parents to nurture and provide for their children.
However, families can experience severe crises which result in
life-threatening situations to children or other family members or
can have long-term negative impact on the child.
(b) It is in the best interests of children, youth and families to have access to crisis intervention and stabilization
services, with the goal of providing for children's well-being in
a permanent situation in the home environment or in the least
restrictive setting as close to a home environment as possible.
(c) The Legislature intends to accomplish its goals relating
to children, youth and families through a family-centered,
comprehensive, community-based system that provides social
services, programs and facilities for children, youth and families
and is overseen by the highest levels of state government. This
will require fundamental changes in the way state government
responds to the needs of children, youth and their families.
(d) The Legislature hereby declares that one purpose of this
article and the policy of the state is to achieve the coordination
of programs and services to children, youth and families through a
cabinet in the governor's office. The cabinet shall be independent
from any state agency and act as an interagency cabinet. The
Legislature intends that the cabinet nurture a flexible system
that: (1) Provides for the comprehensive, unified, effective and
efficient administration of programs and services to children,
youth and families; (2) avoids fragmentation and duplication of
programs and services; and (3) facilitates and promotes cooperation
among state agencies, as well as regional, local and private
service agencies.
(e) It is further the intent of the Legislature, through the cabinet, to emphasize preventive services to children, youth and
families in order to avoid the human and financial costs to the
state that results from individual and family instability and to
benefit the state and society as a whole.
(f) The Legislature declares that participation in the
programs authorized or required in this article shall be, as far as
practicable, voluntary on the part of any child or family for whom
the program is available unless participation is otherwise required
under state or federal law or regulations. All outreach shall
emphasize the positive nature of the programs. The service
delivery system shall be seamless and driven by the needs and
preferences of the child and family, shall reflect local community
characteristics and resources, shall allow for local input, and
shall focus on prevention, education and early intervention. The
service providers shall convey an attitude of support, compassion,
understanding, friendliness and patience.
(g) The Legislature intends, by this article, to allow
diversity and regional, cultural and ethnic sensitivity in the
development of programs and services for children, youth and
families. To the greatest extent possible, families are to be
involved in all aspects of planning and delivery of services to
that family, and the community shall be involved in the service
delivery system in that community. This is intended to foster
strong family and community program ownership while maintaining clear parameters for program goals and purposes through the
governor's cabinet on children and families.
(h) The Legislature further finds that there is a need for
coordination of federal, state, local and private funds made
available for helping children, youth and families, and for holding
providers of children, youth and families services accountable.
Further, the legislature finds that local coordinating councils for
children, youth and families are appropriate to coordinate cross-
system efforts for improving the quality and efficiency of
children, youth and family programs within the context of a
statewide master plan. The Legislature intends that the additional
coordination of funds and programs will result in both efficient
and high quality programs for early care and education, child and
family health care, public education, economic support for low
income families and safe and stable families.
(i) Additional findings of the Legislature on early care and
education include the following:
(1) Recent research on brain development in young children
shows that early experiences are important to future social,
emotional, physical and cognitive development;
(2) Research shows a clear link between quality early care and
education services and workforce recruitment and retention, high
school completion, college-going rate, and an educated and
employable workforce;
(3) Investment in early care and education significantly
reduces future costs of social programs, crime, and remedial
education;
(4) Research has established a clear and compelling connection
between the quality of children's learning experiences and later
success in school and in life;
(5) Children who receive high-quality early education are less
likely to drop out of school, less likely to repeat grades, less
likely to need special education and less likely to get into
trouble with the law;
(6) On the average, children who participate in early
childhood education are better prepared to start school and have
higher grade point averages;
(7) As a result of welfare reform, more and more low-income
families are required to enter the workforce when their children
are young. An overwhelming number of those families need someone
to care for their children while they work. For these families,
safe, stable and affordable child care may make the difference
between climbing out of poverty and falling deeper into it;
(8) The positive effects revealed in these studies have been
calculated to yield a significant return on the initial investment.
For every dollar invested in high-quality, comprehensive early care
and education, society saves seven dollars and sixteen cents in
welfare, special education and criminal justice costs; and
(9) Through this article, the Legislature intends to improve
the quality of early care and education services, increase the
accessibility of such services, and create linkages to help
families access services.
§5-26-2. Definitions.
(a) "Cabinet" means the governor's cabinet on children and
families.
(b) "Early care and education" means the full range of
services and programs used by families to educate and nurture their
children from birth to Kindergarten. These programs are funded and
administered by a diverse range of public agencies and private
providers.
(c) "Early childhood education" means programs for children
who have attained the age of four prior to the first day of
September of the school year in which the pupil enters the program
established in section forty-four, article five, chapter eighteen
of this code.
(d) "Executive director" means the executive director of the
governor's cabinet on children and families.
(e) "Local service area" means a geographic area, as
designated by the cabinet, in which all children, youth and family
services are coordinated by a local coordinating council.
(f) "Partner agency" means any agency or department
represented in the cabinet's membership and any other agency determined by the cabinet.
§5-26-3. Cabinet established.
(a) There is hereby continued the governor's cabinet on
children and families, hereinafter referred to as the "cabinet".
(b) In addition to other administrative heads of government
and private citizens that may be appointed by the governor, the
cabinet shall include: (1) The secretary of the department of
health and human resources; (2) the secretary of the department of
military affairs and public safety; (3) the secretary of the
department of administration or a designee; (4) the state
superintendent of schools; (5) the attorney general; (6) one member
of the Senate, to be appointed by the President of the Senate; and
(7) one member of the House of Delegates, to be appointed by the
Speaker of the House of Delegates. The legislative members shall
serve in an advisory capacity only.
(c) All members of the cabinet appointed by the governor shall
serve at the will and pleasure of the governor.
(d) The cabinet shall be chaired by the governor and shall
convene at least quarterly. The cabinet shall establish bylaws
which govern its decision making.
(e) The governor may appoint an executive director to manage
the cabinet's business. The executive director may hire and direct
any additional staff necessary
to carry out the duties and
responsibilities of the cabinet
.
§5-26-4. Powers and duties of cabinet generally.
It is the cabinet's primary duty to coordinate services and
resources but not to become a provider of services. In addition to
all other powers and duties assigned to the cabinet in this article
and elsewhere by law, the
cabinet
shall have the power and the duty
to:
(1) Analyze ways to best utilize the information and
evaluations obtained through previously existing or ongoing
programs for children, youth and families;
(2)
Provide for the efficient coordination and administration
of early care and education programs for families with young
children including child care, head start, birth to three, public
early childhood education programs, and other programs serving
families with young children throughout the state;
(3) Provide for the efficient coordination and administration
of publicly funded programs and services for all children, youth
and families in
other areas that the cabinet determines necessary;
(4) Promote the
efficient
and seamless service delivery of
early prenatal care services for all pregnant women,
comprehensive
developmental screening and well-baby visits for all early
childhood education children, and primary and preventive health
care and behavioral health services for all children;
(5) Assure the development of parenting education services and
outreach efforts, promote awareness of child developmental stages, including the utilization of media and supportive activities for
children and care givers;
(6)
Promote
parental involvement in all areas of a child's
education and development;
(7) Identify facilities and properties throughout the state
that may be required or available for the effective and efficient
provision of programs and services to children, youth and families,
with an emphasis on utilizing available state facilities, such as
public school facilities and facilities within the state system of
higher education;
(8) Prepare a proposed budget for the operation of the cabinet
to be recommended to the governor for inclusion in the executive
budget to be submitted to the Legislature;
(9) Provide public information on services and programs
available to children, youth and families;
(10) Address specifically the provision of programs and
services to children, youth and families living in the rural areas
of the state;
(11) Develop a performance based accountability system which
includes the identification and regular reporting of performance
measures for programs that serve children, youth and families. The
performance based accountability system shall include, where
applicable, federally defined standards, the regular monitoring and
analysis of public expenditures for children, youth and families, the regular monitoring of key indicators of child and family well-
being, and annual reports and analysis of trends in expenditures
and key indicators;
(12) Report annually to the Legislature and to such other
units the
cabinet
considers appropriate on issues relating to
children, youth and families;
(13) Negotiate written agreements and procedures between and
among departments of state government
and the cabinet
which assure
that children, youth and families are provided with health care,
social services, appropriate education, and vocational training,
and any other services to which they may be entitled under state
and federal law;
(14) Develop and implement rules, regulations, standards and
policies governing the internal operation and administration of the
cabinet;
(15) Delegate any of the
cabinet's
powers, duties or functions
as the cabinet may consider appropriate, expedient and effective;
(16) Solicit and accept proposals in furtherance of any
program or service required by this article;
(17) Develop programmatic standards for early care and
education programs;
(18) Develop and implement standards including, but not
limited to, requiring early care and education services to be year-
around, five days per week and ten hours per day, and requiring the services to be consistent with existing federal and state laws
which govern early care and education services;
(19) Review any rules and regulations, including licensure
requirements, to the extent that they impact on or create barriers
to the provision of programs and services to children, youth and
families;
(20) Develop and require the implementation of
interdisciplinary and interagency standards for all children in the
custody of the state, with the goal of providing for children's
well-being in the home environment or the least restrictive
setting;
(21) Solicit, accept and expend grants, gifts, bequests,
donations and other funds made available to the cabinet: Provided,
That all unrestricted grants, gifts, bequests and donations shall
be deposited in the children's fund created pursuant to section six
of this article;
(22) Establish or designate local service areas prior to the
first day of January, two thousand three;
(23) For each local service area, establish a local
coordinating council on children, youth and families, or designate
an existing group to serve as the local coordinating council, which
may be the governing board of the local family resource network:
Provided, That no more than one local coordinating council may be
designated as such for any given local service area and duplicative services and resources shall be realigned, reassigned or
eliminated. The councils shall be established or designated prior
to the first day of January, two thousand three;
(24) Support local coordinating councils in building community
capacity and redesigning services in local communities in a manner
consistent with the statewide master plan developed by the cabinet;
(25) For each local service area, conduct a needs assessment;
survey existing programs; determine and report on gaps in service
delivery; make recommendations on how to fill those gaps through
realignment or reassignment of resources; and make recommendations
for any necessary additional services or programs;
(26) Make recommendations for comprehensive programs for
children birth through three using existing funding sources, as
well as recommendations for any additional funding;
(27) By the first day of January, two thousand three, have in
place in each local service area a functional "one-stop shop"
capable of providing referrals to all necessary services for
children, youth and families in that local service area;
(28) Provide or contract with any agencies or persons in this
state and other states for any facilities, equipment, or service
necessary to achieve the purposes of this article;
(29) Ensure, to the maximum extent feasible, the maximum use
of federal, local and private funding so as to complement state
funding;
(30) Review state laws and rules, and report recommendations
to the joint commission on children, youth and families on
maximizing opportunities to blend funding and partner across
programs to meet the goals outlined in the statewide master plan;
and
(31) Exercise any and all other powers, including the adoption
of an official seal and to charter public or quasi-public
corporations, necessary for the discharge of the cabinet's duties
and the implementation of the purposes of this article.
§5-26-5. Powers and duties relating to funding and budgetary needs
for children and families.
(a) The executive director for the cabinet shall analyze the
budgets of the departments of state government to the extent that
they address or impact upon programs and services for children,
youth and families, review budgetary needs and revenue sources, and
make recommendations to the cabinet and the governor regarding the
proposed budget and the redirection of resources prior to the first
day of November of each year. Additionally, the executive director
shall send copies of the recommendations to the chair of the Senate
committee on finance and the chair of the House of Delegates
committee on finance. The department of administration shall
assist the executive director in analyzing the budgets of the
departments of state government.
(b) In making such recommendations, the executive director shall:
(1) Compile and maintain information on federal,
state,
local
and private funding, in areas directly benefitting children, youth
and families;
(2) Determine if federal funding stream are currently
maximized, and if not, how to access additional funding;
(3) Identify current sources of funding that could be
redirected to support early care and education; and
(4) Estimate the cost of universal access to needed services
for all families with children birth through kindergarten.
(c) Any legislation recommended by the cabinet to the joint
commission on children, youth and families shall be accompanied by
a proposal or plan for sufficient funding thereof. In exploring
all aspects of funding possibilities, the cabinet shall
analyze
funding streams that support like or related services and propose
the coordination or realignment of administrative structures to
promote efficiency and maximize the use of multiple funding
sources
, consider innovative, flexible funding such as interagency
funding, joint funding pools,
cost allocation strategies that
promote seamless service delivery,
interagency reimbursement and
funding by the families serviced based on ability to pay.
(d) Notwithstanding the provisions of section nineteen,
article two, chapter five-a of this code or any other provision of
law to the contrary, the cabinet shall have the ability to transfer funds among, between and within departments in accordance with
rules for such purpose adopted by the cabinet notwithstanding the
provisions of chapter twenty-nine-a of this code.
(e) The cabinet may develop fiscal incentives for the support
of local coordinating councils on children, youth and families and
for programs resulting in substantial cost savings, such as
programs which avoid unnecessary out of home placement. Any
savings resulting from the coordination of programs and services
for children, youth and families shall be reinvested for
expenditure in areas directly benefitting children, youth and
families.
§5-26-6. Children's fund created; purpose.
(a) The cabinet shall establish a children's fund for the
purpose of supporting programs and awarding grants, loans and loan
guaranties for child abuse and neglect prevention activities and
other activities that support and strengthen families. Gifts,
bequests or donations for this purpose, in addition to
appropriations to the fund, shall be deposited in the state
treasury in a special revenue account that is independent from any
executive or other department of government, other than the office
of the governor.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the children's fund by
so designating the contribution on the state personal income tax return form. The cabinet shall approve the wording of the
designation on the income tax return form, which designation shall
appear on tax forms. The tax commissioner shall determine by the
first day of July of each year the total amount designated pursuant
to this subsection and shall report that amount to the state
treasurer, who shall credit that amount to the children's fund.
(c) All interest accruing from investment of moneys in the
children's fund shall be credited to the fund. The legislative
auditor shall conduct an audit of the fund before the first day of
July, two thousand three and at least every three fiscal years
thereafter.
(d) Grants, loans and loan guaranties may be awarded from the
children's fund by the cabinet for child abuse and neglect
prevention activities and other activities that support and
strengthen families.
§5-26-7. Legislative findings, purpose and intent; joint
commission on children, youth and families created; reports.
(a) The Legislature hereby finds and declares:
(1) There are a multitude of programs and services in this
state that are all intended to help children, youth and families,
but these programs and services are provided or administered by
different departments and agencies and there is insufficient
coordination among or between these agencies or departments;
(2) Considerable budgetary resources of the state are dedicated to the worthwhile goal of helping children, youth and
families, but there currently exists no systematic or comprehensive
method for determining exactly how much money is being spent on
these various services and programs, who is being served, whether
the programs are effective and whether there is unnecessary
duplication of effort or avoidable gaps in service delivery;
(3) Active review and involvement by the Legislature can and
often does serve as a catalyst in helping to solve longstanding and
seemingly intractable problems of impasse, inertia and inter-agency
competition; and
(4) The purpose of this section is to establish accountability
and foster collaboration, cooperation and coordination among and
between the various departments and agencies exercising
jurisdiction over the many programs and services intended to help
West Virginia's children, youth and families and, further, to
eliminate duplication of effort and ineffective expenditures of
human and fiscal resources.
(b) It is the intention of the Legislature that the commission
created by this section shall review all programs that specifically
serve children, youth and families in this state and that all
actions taken pursuant to this section serve the following core
principles:
(1) That all programs for children, youth and families offered
under the state's authority be coordinated to maximize efficiency and minimize waste, duplication of effort and competition among the
agencies;
(2) That the various agencies and departments of state
government whose programs serve children, youth and families
cooperate and communicate with each other in a manner that serves
to further the stated purpose and intent of this section;
(3) That programmatic and policy changes contemplated by the
various agencies and departments serving children, youth and
families and that would impact the statewide master plan or the
interagency coordinated implementation plan be communicated in
advance of implementation to the commission created in this
section;
(4) That programmatic or policy changes necessitated by
federal mandate that would impact the statewide master plan or the
interagency coordinated implementation plan be communicated to the
commission created in this section; and
(5) That in developing or implementing programs that are
funded in whole or in part by federal grants or private funds, the
various agencies and departments communicate with the commission
created in this section in advance about the possible need for
future state funding.
(c) There is hereby established a joint legislative commission
on children, youth and families.
(d) The commission shall include a total of twelve members, with six members from the Senate and six members from the House of
Delegates. The President of the Senate shall appoint the
commission's Senate members and designate a Senate co-chair and the
Speaker of the House of Delegates shall appoint the commission's
members from the House of Delegates and designate a House co-chair.
The composition of these appointments shall be broadly
representative of the membership of the following legislative
committees: The two committees on finance, the two committees on
education, the two committees on health and human resources, the
two committees on the judiciary and the two committees on
government organization.
(e) The commission shall represent the Legislature in
assisting the governor in ensuring that the cabinet created by this
article is performing its duties and responsibilities in accordance
with this article.
(f) The commission shall report to and advise the legislative
oversight commission on education accountability and the
legislative oversight commission on health and human resources
accountability on matters within their respective jurisdictions and
shall report annually to the Legislature on its continuing study
and review of the various programs and services for children, youth
and families in West Virginia.
§5-26-8. Statewide master plan for children, youth and families.
(a) The cabinet shall develop a statewide master plan for children, youth and families. The statewide master plan shall be
a multi-year comprehensive strategic plan that will address all
major areas of publicly funded services for children, youth and
families, and to the extent possible, privately funded services,
and shall include sections relating to early care and education;
health and nutrition; family economic security; and safe
communities, safe schools, and stable families. In developing the
statewide master plan, the cabinet shall confer and work
cooperatively with applicable federal and state agencies and pursue
any necessary waivers or other agreements as may be appropriate to
assure that federal, state and local programs are delivered in a
non-duplicative and cost effective manner.
(b) The statewide master plan shall be initially focused upon,
but is not limited to, creating a seamless service delivery system
for early care and education by:
(1) Making early care and education programs more available
and accessible by coordinating the department of education's
early
childhood education
programs with head start, the department of
health and human resources child care and birth to three programs,
and any other early care and education programs identified by the
cabinet;
(2) Implementing any new administrative structures and
financing strategies that the cabinet determines are necessary; and
(3) Improving the collaboration and coordination between early care and education programs and the state's system of public and
higher education
;
(4) Promoting positive relationships and sharing of resources
between public schools and their communities; and
(5) Conducting and supporting public awareness and parent
education campaigns to focus attention on the developmental needs
of children and the importance of early care and education.
(c) Additionally, when focusing on early care and education,
the statewide master plan should address at least the following:
(1) Which children and families would be served and if any
phase-in or prioritization would occur such as implementing the
early childhood education program for four-year-olds first, and
then extending services to other age groups;
(2) Whether the service delivery system would provide services
to all children or broaden access to services among those families
based on income or other guidelines;
(3) How the service delivery system would meet the goals of
enhancing school readiness and providing work supports for parents;
(4) How comprehensive services would be provided to those
families in need of them;
(5) How the service delivery system should promote education
objectives and what standards would be required of participating
providers and staff;
(6) How early care and education programs will be funded, including federal, state and private sector commitments; and
(7) How the programs and child outcomes will be evaluated.
(d) The cabinet and the partner agencies shall make monthly
progress reports to the joint commission on children, youth and
families, established by section seven of this article, and
quarterly progress reports to the joint finance committee on the
progress of the initial statewide master plan. The initial
statewide master plan shall be completed and shall be communicated
to the joint commission on children, youth and families and the
joint finance committee on or before the first day of January,
two
thousand three
. Additionally, any revision of the statewide master
plan shall be reported to the joint commission on children, youth
and families and the joint finance committee prior to the first day
of January of the year after the statewide master plan is revised.
(e) The statewide master plan shall include, but not be
limited to, the following:
(1) A detailed description of the agency and individual
accountable for the programs of each partner agency;
(2) A detailed description of the performance-based
accountability method for holding each partner agency accountable;
(3) A detailed outline of how the statewide master plan will
be used to meet the goals and objectives outlined in this article
which may include local demonstrations, community block grants, and
or pilot projects within limited geographic regions of the state; and
(4) Specific strategies for involving and collaborating with
the state board of education, the public and private institutions
of higher education, the department of health and human resources,
the department of military affairs and public safety, the West
Virginia head start association, the children's health insurance
agency, the bureau of employment programs,
the state workforce
investment program, the state development office
, the division of
public transit of the department of transportation and any other
state agencies and non-governmental providers that may be
appropriate to assure that a comprehensive system of quality
service delivery to children, youth and families is developed for
West Virginia.
(f) The statewide master plan for children, youth and families
for the state shall be established for periods of not less than two
nor more than five years and shall be revised periodically as
necessary.
(g) The statewide master plan for children, youth and families
for the state shall, in addition to the other requirements of this
section, include the implementation for the early childhood
education program established pursuant to section forty-four,
article five, chapter eighteen of this code.
(h) As part of the statewide master plan, the cabinet should
assess all needs and resources for early childhood education in the state including:
(1) Who is served with head start, early childhood education
programs and child care funding; and
(2) What supports are available to each type of program and
where are the gaps in services across the state.
§5-26-9. Interagency coordinated implementation plans required;
review process.
(a) On or before the first day of January, two thousand three,
each partner agency shall prepare an interagency coordinated
implementation plan for submission to the cabinet. During the
development of the initial interagency coordinated implementation
plan, the cabinet and each partner agency shall make monthly
progress reports to the joint commission on children, youth and
families, established by section seven of this article, and
quarterly progress reports to the joint finance committee on the
progress of each interagency coordinated implementation plan. Not
later than the first day of August of each year thereafter, each
partner agency shall update their interagency coordinated
implementation plan, and report the updated interagency coordinated
implementation plan to the joint commission on children, youth and
families. When the process provided for in this section is
completed, this interagency coordinated implementation plan shall
form the agreement between the partner agency and the cabinet, and
ultimately, between the partner agency and the children and families of West Virginia on how the partner agencies will use
their resources to address the intent of the Legislature, goals and
seamless service delivery system set forth in the statewide master
plan in section eight of this article.
(b) The interagency coordinated implementation plan shall
contain the following:
(1) A complete listing of all programs serving children, youth
and families offered, administered or supported by the agency,
together with a detailed account of each program's level of funding
and funding source;
(2) A detailed outline of how the interagency coordinated
implementation plan is aligned with and will be implemented in
conjunction with the statewide master plan;
(3) A step-by-step process on how the agency will collaborate
or coordinate with the other partner agencies to accomplish the
vision, goals and objectives set forth by the statewide master
plan. The step-by-step process shall be delineated by objectives
and shall set forth a time line for achieving the objectives;
(4) Benchmarks to be used in determining progress toward
meeting the goals in the statewide master plan. The benchmarks
shall meet the following criteria:
(A) They shall be as objective as possible;
(B) They shall be directly linked to the goals in the
statewide master plan;
(C) They shall be measured by the indicators described in this
section; and
(D) Where applicable, they shall be used to measure progress
in geographic areas of responsibility; and
(5) Such other items, requirements or initiatives required by
the cabinet and designed to accomplish the intent of the
Legislature and the goals set forth in this article or other public
policy goals established by the cabinet.
(c) Each interagency coordinated implementation plan shall be
updated annually and shall follow the general guidelines contained
in this section.
(d) Development and updating of the interagency coordinated
implementation plans is subject to the following:
(1) The ultimate responsibility for developing and updating
the interagency coordinated implementation plans resides with the
respective partner agencies;
(2) The ultimate responsibility for adopting the final version
of the interagency coordinated implementation plans resides with
the cabinet;
(3) The cabinet shall review the initial interagency
coordinated implementation plans and the annual updates and shall
either adopt the plans or return them with specific comments for
change or improvement. The cabinet shall continue this process as
long as it considers advisable; and
(4) The cabinet shall, as far as practicable, establish
uniform processes and forms for the development and submission of
the interagency coordinated implementation plans.
(e) The cabinet shall propose rules for legislative approval
in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code establishing indicators to measure the
degree to which the goals and objectives set forth in this article
are being addressed and met. The benchmarks established in this
section shall be measured by these indicators. The legislative
rule shall include, but not be limited to, the following:
(1) The indicators to be used to measure the degree to which
the goals and objectives are being met;
(2) Uniform definitions for the various data elements to be
used in establishing the indicators;
(3) Guidelines for the collection and reporting of data; and
(4) Sufficient detail within the benchmarks and indicators to:
(A) Provide measurable evidence that the programs targeting
the needs of children, youth and families of the state are or are
not advancing the objectives of the interagency coordinated
implementation plans and the statewide master plan;
(B) Delineate the goals and benchmarks for programs so that
the cabinet can measure the degree to which progress is being made
toward achieving the goals provided in the statewide master plan;
(C) Distinctly identify specific goals within the statewide master plan or interagency coordinated implementation plan of a
partner agency that are not being met, or for which sufficient
progress is not being made.
§5-26-10. Local coordinating councils.
Local coordinating councils established or designated by the
cabinet shall:
(1) Support local governance structures for the coordination
and delivery of like services and programs including early care and
education programs in a manner consistent with the statewide master
plan;
(2) Develop and submit to the cabinet a local coordinating
implementation plan designating specific local goals related to the
statewide master plan and strategies for achieving the goals;
(3) Submit specific performance measures related to the local
coordinating implementation plan that will be monitored and
regularly reported to the cabinet in order to assess local progress
and hold local coordinating councils accountable for results;
(4) Broadly represent the primary stakeholders within the
local community including service providers, public education,
parents, youth, consumers and other community members; and
(5) Allow for the efficient delivery of programs and services
on a local or regional basis so that programs and services are
provided in or as close to the local community level as possible in
accordance with guidelines established by the cabinet.
5-26-11. Termination date.
Pursuant to the provisions of article ten, chapter four of
this code, the cabinet shall continue to exist until the first day
of July, two thousand five: Provided, That the cabinet shall
prepare an annual progress report and shall present the report to
the joint commission on children, youth and families. The report
shall detail the cabinet's compliance with its purposes, duties and
responsibilities as set forth in sections one and four of this
article, together with proposed plans for future compliance and
proposed programs for the following year.
CHAPTER 18. EDUCATION.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-3e. West Virginia Science Education Enhancement Initiative
grant program created; legislative findings and purpose of
section.
(a) The Legislature hereby finds and acknowledges that, if
remediation is necessary, it should be provided when students are
younger and before patterns of failure are established. The
Legislature further acknowledges that the people of West Virginia
would be better served if the state acted to ensure that all public
school students were able to execute science skills at or above
grade level upon exiting grade eight, that county boards are in the
best position to determine if remediation is necessary for students
in grades four through eight and that the counties should have the option of providing summer school for students and may consider
student attendance as a factor in determining whether a child is
eligible to be promoted to the next grade.
The Legislature further finds that not all students are
financially able to pay for summer school, nor do all county
schools hold summer school. It is, therefore, the purpose of this
section to help the county boards to provide, either individually
or cooperatively, free summer school and summer school
transportation for those students in grades four through eight who
did not perform at grade level during the regular school year. It
also is the purpose of this section to help students in grades four
through eight who are identified as being in danger of failing to
execute science skills at grade level by the end of the school year
to receive intensive science instruction during their regularly
scheduled science time throughout the regular school year.
(b) Subject to appropriation by the Legislature therefor, the
state board shall establish a competitive grant program as set
forth in this section to provide science programs for students in
grades four through eight who are not performing at grade level.
The program shall be designated and known as the "West Virginia
Science Education Enhancement Initiative" program.
(c) Priorities for awarding the grants shall include, but are
not limited to:
(1) Schools that have science test scores below the state averages; or
(2) Schools that receive federal funds for the improvement of
science.
(d) Competitive grant applications must be submitted by the
county boards, or by a community collaborative with the county
board as a partner with leadership responsibility, and shall
describe how the program will:
(1) Employ strategies, proven methods and innovative
techniques for student learning, teaching and school management
that are based on reliable research and effective practices, and
can be replicated in other schools to improve the science skills of
students;
(2) Contain measurable goals for the improvement of student
science skills and benchmarks for meeting those goals;
(3) Include a plan for the evaluation of student progress
toward achieving the state's high standards;
(4) Identify how other federal, state, local and private
resources, including volunteers, will be utilized to further the
intent of this section;
(5) Link summer improvement programs for science with science
instruction and remediation throughout the school year;
(6) Determine the feasibility of collaborating with colleges
of education for the purpose of providing educational experiences
for prospective teachers;
(7) Identify the use of technology, including computers and
calculators, and demonstrate how technology will be integrated into
the program; and
(8) Accomplish other objectives as deemed necessary by the
state board.
(e) Any county receiving a grant should encourage students in
grades four through eight who did not perform at grade level during
the regular school year to attend summer school and may consider
summer school attendance as a factor in determining whether a child
is eligible to be promoted to the next grade. The county board
shall provide intensive science instruction during regularly
scheduled science time throughout the regular school year to
students in grades four through eight who are identified by the
classroom teacher as being in danger of failing to execute science
skills at grade level by the end of the school year. Nothing in
this section prohibits county boards from permitting students to
participate in science programs on a student fee basis.
(f) The state board shall approve procedures for the
implementation of this section. To assist the state board in
developing procedures for the implementation of this section,
including the grant application and the grant review and selection
process, the state board shall appoint an advisory board consisting
of the science education coordinator from the state department of
education, a college or university professor of science, a county science curriculum specialist, an elementary teacher and an
elementary principal, a middle school teacher with a science
certification and a middle school principal, a science teacher with
a certificate issued by the national board of professional teaching
standards, if available, and a representative from the West
Virginia science teachers association, or a representative of the
like successor organization should this named organization cease to
exist. The procedures shall provide for:
(1) The appointment of a grant review and selection panel by
the state board consisting of persons with expertise and practical
experience in delivering programs to increase the science skills of
young students, not more than one half of whom may be employees of
the state department of education, or the state board may designate
the advisory board as the grant review and selection panel;
(2) Notice to all schools of the grant competition and the
availability of applications on or before the thirtieth day of
September, in each fiscal year for which grant funds are available;
(3) A grant application deadline postmarked on or before the
fifteenth day of December, in each fiscal year for which grant
funds are available;
(4) Notice of grant awards on or before the first day of
March, in each fiscal year for which grant funds are available; and
(5) Other such requirements as deemed necessary by the state board.
(g) The state board may fund, from any other funds available
for such purposes, the programs required by this section for
students in grades four through eight and any programs required by
state board rules such as, but not limited to, the following:
(1) Tutoring;
(2) Summer school educational services;
(3) Additional certified personnel to provide intensive
instruction in science throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(h) Nothing in this section supersedes the individualized
education program (IEP) of any student.
(i) Nothing in this section requires any specific level of
funding by the Legislature.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13. Authority of boards generally.
The boards, subject to the provisions of this chapter and the
rules of the state board, have authority:
(1) (a) To control and manage all of the schools and school
interests for all school activities and upon all school property,
whether owned or leased by the county, including the authority to
require that records be kept of all receipts and disbursements of
all funds collected or received by any principal, teacher, student or other person in connection with the schools and school
interests, any programs, activities or other endeavors of any
nature operated or carried on by or in the name of the school, or
any organization or body directly connected with the school, to
audit the records and to conserve the funds, which shall be
considered quasi-public moneys, including securing surety bonds by
expenditure of board moneys;
(2) (b) To establish schools, from preschool through high
school, inclusive of vocational schools; and to establish schools
and programs, or both, for post high school instruction, subject to
approval of the state board of education;
(3) (c) To close any school which is unnecessary and to assign
the pupils of the school to other schools: Provided, That the
closing shall be officially acted upon and teachers and service
personnel involved notified on or before the first Monday in April,
in the same manner as provided in section four of this article,
except in an emergency, subject to the approval of the state
superintendent, or under subdivision (5) of this section;
(4) (d) To consolidate schools;
(5) (e) To close any elementary school whose average daily
attendance falls below twenty pupils for two months in succession
and send the pupils to other schools in the district or to schools
in adjoining districts. If the teachers in the closed school are
not transferred or reassigned to other schools, they shall receive one month's salary;
(6) (f) (a) (1) To provide at public expense adequate means of
transportation, including transportation across county lines for
students whose transfer from one district to another is agreed to
by both boards as reflected in the minutes of their respective
meetings, for all children of school age who live more than two
miles distance from school by the nearest available road; to
provide at public expense and according to such rules as the board
may establish, adequate means of transportation for school children
participating in board-approved curricular and extracurricular
activities; and to provide in addition thereto at public expense,
by rules and within the available revenues, transportation for
those within two miles distance; to provide in addition thereto, at
no cost to the board and according to rules established by the
board, transportation for participants in projects operated,
financed, sponsored or approved by the commission on aging:
Provided, That all costs and expenses incident in any way to
transportation for projects connected with the commission on aging
shall be borne by the commission, or the local or county chapter
of the commission: Provided, however, That in all cases the school
buses owned by the board of education shall be driven or operated
only by drivers regularly employed by the board of education:
Provided further, That the county board may provide, under rules
established by the state board, for the certification of professional employees as drivers of board-owned vehicles with a
seating capacity of less than ten passengers used for the
transportation of pupils for school-sponsored activities other than
transporting students between school and home: And provided
further, That the use of the vehicles shall be limited to one for
each school-sponsored activity: And provided further, That buses
shall be used for extracurricular activities as provided in this
section only when the insurance provided for by this section is in
effect;
(b) (2) To enter into agreements with one another as reflected
in the minutes of their respective meetings to provide, on a
cooperative basis, adequate means of transportation across county
lines for children of school age subject to the conditions and
restrictions of subdivisions (6) and (8) of this section;
(7) (g) (a) (1) To lease school buses operated only by drivers
regularly employed by the board to public and private nonprofit
organizations or private corporations to transport school-age
children to and from camps or educational activities in accordance
with rules established by the board. All costs and expenses
incurred by or incidental to the transportation of the children
shall be borne by the lessee;
(b) (2) To contract with any college or university or
officially recognized campus organizations to provide
transportation for college or university students, faculty or staff to and from the college or university: Provided, That only
college and university students, faculty and staff are being
transported. The contract shall include consideration and
compensation for bus operators, repairs and other costs of service,
insurance and any rules concerning student behavior;
(8) (h) To provide at public expense for insurance against the
negligence of the drivers of school buses, trucks or other vehicles
operated by the board; and if the transportation of pupils is
contracted, then the contract for the transportation shall provide
that the contractor shall carry insurance against negligence in an
amount specified by the board;
(9) (i) To provide solely from county funds for all regular
full-time employees of the board all or any part of the cost of a
group plan or plans of insurance coverage not provided or available
under the West Virginia public employees insurance act;
(10) (j) To employ teacher aides, to provide in-service
training for teacher aides, the training to be in accordance with
rules of the state board and, in the case of service personnel
assuming duties as teacher aides in exceptional children programs,
to provide a four-clock-hour program of training prior to the
assignment which shall, in accordance with rules of the state
board, consist of training in areas specifically related to the
education of exceptional children;
(11) (k) To establish and conduct a self-supporting dormitory for the accommodation of the pupils attending a high school or
participating in a post high school program and of persons employed
to teach in the high school or post high school program;
(12) (l) To employ legal counsel;
(13) (m) To provide appropriate uniforms for school service
personnel;
(14) (n) To provide at public expense and under rules as
established by any county board of education for the payment of
traveling expenses incurred by any person invited to appear to be
interviewed concerning possible employment by the county board of
education;
(15) (o) To allow or disallow their designated employees to
use publicly provided carriage to travel from their residences to
their workplace and return: Provided, That the usage is subject
to the supervision of the board and is directly connected with and
required by the nature and in the performance of the employee's
duties and responsibilities;
(16) (p) To provide, at public expense, adequate public
liability insurance, including professional liability insurance for
board employees;
(17) (q) To enter into agreements with one another to provide,
on a cooperative basis, improvements to the instructional needs of
each county. The cooperative agreements may be used to employ
specialists in a field of academic study or support functions or services, for the academic study. The agreements are subject to
approval by the state board of education;
(18) (r) To provide information about vocational or higher
education opportunities to students with handicapping conditions.
The board shall provide in writing to the students and their
parents or guardians information relating to programs of vocational
education and to programs available at state funded institutions of
higher education. The information may include sources of available
funding, including grants, mentorships and loans for students who
wish to attend classes at institutions of higher education;
(19) (s) To enter into agreements with one another, with the
approval of the state board, for the transfer and receipt of any
and all funds determined to be fair when students are permitted or
required to attend school in a county other than the county of
their residence; and
(20) (t) To enter into job-sharing arrangements, as defined in
section one, article one, chapter eighteen-a of this code, with its
professional employees: Provided, That a job sharing arrangement
shall meet all the requirements relating to posting,
qualifications and seniority, as provided for in article four,
chapter eighteen-a of this code: Provided, however, That,
notwithstanding any provisions of this code or legislative rule and
specifically the provisions of article fifteen, chapter five of
this code to the contrary, a county board which enters into a job-sharing arrangement wherein two or more professional employees
voluntarily share an authorized full-time position shall provide
the mutually agreed upon employee coverage but shall not offer
insurance coverage to more than one of the job sharing employees,
including any group plan or group plans available under the state
public employees insurance act: Provided further, That all
employees involved in the job-sharing agreement meet the
requirements of subdivision (4), section two, article sixteen,
chapter five of this code.
"Quasi-public funds" as used in this section means any money
received by any principal, teacher, student or other person for the
benefit of the school system as a result of curricular or
noncurricular activities.
The board of each county shall expend under rules it
establishes for each child an amount not to exceed the proportion
of all school funds of the district that each child would be
entitled to receive if all the funds were distributed equally among
all the children of school age in the district upon a per capita
basis.
§18-5-15. Ages of persons to whom schools are open; enrollment of
suspended or expelled student.
(a) The board shall provide a school term for its schools
which shall be comprised of: (1) An employment term for teachers;
and (2) an instructional term for pupils. Nothing in this section shall prohibit the establishment of year-round schools in
accordance with rules to be established by the state board.
The employment term for teachers shall be no less than ten
months, a month to be defined as twenty employment days exclusive
of Saturdays and Sundays: Provided,
That the board may contract
with all or part of the personnel for a longer term. The
employment term shall be fixed within such beginning and closing
dates as established by the state board: Provided, however,
That
the time between the beginning and closing dates does not exceed
forty-three weeks.
Within the employment term there shall be an instructional
term for pupils of not less than one hundred eighty nor more than
one hundred eighty-five instructional days: Provided,
That the
minimum instructional term may be decreased, by order of the state
superintendent of schools, in any West Virginia county declared to
be a federal disaster area by the federal emergency management
agency. Instructional and noninstructional activities may be
scheduled during the same employment day. Noninstructional
interruptions to the instructional day shall be minimized to allow
the classroom teacher to teach. The instructional term shall
commence no earlier than the twenty-sixth day of August and shall
terminate no later than the eighth day of June: Provided, however,
That the state board of education shall evaluate data which shall
be submitted by each county by the first of June, one thousand nine hundred ninety-four, regarding the climate control conditions, such
as air conditioning and related information at each school in the
county, and how these conditions impact on the instructional term.
The criterion referenced test mandated in section two, article
two-e of this chapter shall not be required to be given during
school year one thousand nine hundred ninety-three--ninety-four.
Noninstructional days in the employment term may be used for
making up canceled instructional days, curriculum development,
preparation for opening and closing of the instructional term, in-
service and professional training of teachers, teacher-pupil-parent
conferences, professional meetings and other related activities.
In addition, each board shall designate and schedule for teachers
and service personnel six days to be used by the employee outside
the school environment. However, no more than eight
noninstructional days, except holidays, may be scheduled prior to
the first day of January in a school term.
Notwithstanding any other provisions of the law to the
contrary, if the board has canceled instructional days equal to the
difference between the total instructional days scheduled and one
hundred seventy-eight, each succeeding instructional day canceled
shall be rescheduled, utilizing only the remaining noninstructional
days, except holidays, following such cancellation, which are
available prior to the second day before the end of the employment
term established by such county board.
Where the employment term overlaps a teacher's or service
personnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, such participation for not
more than five of the noninstructional days of the employment term.
The board may extend the instructional term beyond one hundred
eighty-five instructional days provided the employment term is
extended an equal number of days. If the state revenues and
regular levies, as provided by law, are insufficient to enable the
board of education to provide for the school term, the board may at
any general or special election, if petitioned by at least five
percent of the qualified voters in the district, submit the
question of additional levies to the voters. If at the election a
majority of the qualified voters cast their ballots in favor of the
additional levy, the board shall fix the term and lay a levy
necessary to pay the cost of the additional term. The additional
levy fixed by the election shall not continue longer than five
years without submission to the voters. The additional rate shall
not exceed by more than one hundred percent the maximum school rate
prescribed by article eight, chapter eleven of the code, as
amended.
(b) (a) The public schools shall be open for the full
instructional term to all persons who have attained the entrance age as stated in section five, article two and section eighteen,
article five, chapter eighteen of this code: Provided,
That any
student suspended or expelled from public or private school shall
only be permitted to enroll in public school upon the approval of
the superintendent of the county where the student seeks
enrollment: Provided, however,
That in making such decision, the
principal of the school in which the student may enroll shall be
consulted by the superintendent and the principal may make a
recommendation to the superintendent concerning the student's
enrollment in his or her new school: Provided further,
That if
enrollment to public school is denied by the superintendent, the
student may petition the board of education where the student seeks
enrollment.
(b) Persons over the age of twenty-one may enter only those
programs or classes authorized by the state board of education and
deemed appropriate by the county board of education conducting any
such program or class: Provided,
That authorization for such
programs or classes shall in no way serve to affect or eliminate
programs or classes offered by county boards of education at the
adult level for which fees are charged to support such programs or
classes.
§18-5-18. Kindergarten programs.
(a) County boards shall provide by the school year one
thousand nine hundred eighty-three--eighty-four, and continue thereafter, kindergarten programs for all children who shall have
attained the age of five prior to the first day of September of the
school year in which the pupil enters such the kindergarten program
and may, pursuant to the provisions of section forty-four, article
five, chapter eighteen of this code, establish kindergarten
programs designed for children below the age of five. Provided,
That beginning with the school year one thousand nine hundred
ninety-six--ninety-seven, such The programs for children who shall
have attained the age of five shall be full-day everyday programs.
Provided, however, That nothing contained herein shall prevent the
state superintendent from granting an extension to those counties
currently with building or renovation projects that will provide
adequate space or counties having at least two percent net
enrollment increase over the previous five years. The county board
must apply with the supporting data to meet the criteria for which
they are eligible on or before the twenty-fifth day of March for
the following school year. The state superintendent shall grant or
deny the requested waiver on or before the fifteenth day of April
of that same year.
(b) Persons employed as kindergarten teachers, as
distinguished from paraprofessional personnel, shall be required to
hold a certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant to
the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
meets such minimum requirements.
(c) The state board with the advice of the state
superintendent of free schools shall establish and prescribe
guidelines and criteria relating to the establishment, operation
and successful completion of kindergarten programs in accordance
with the other provisions of this section. Guidelines and criteria
so established and prescribed also are also intended to serve for
the establishment and operation of nonpublic kindergarten programs
and shall be used for the evaluation and approval of such programs
by the state superintendent, provided application for such
evaluation and approval is made in writing to the state board by
proper authorities in control of such programs. The state
superintendent, of free schools at intervals not to exceed two
annually, years shall publish a list of nonpublic kindergarten
programs, including Montessori kindergartens
that have been
approved in accordance with the provisions of this section. and a
list of Montessori kindergartens established and operated in
accordance with usual and customary practices for the use of the
Montessori method which have teachers who have training or
experience, regardless of additional certification, in the use of the Montessori method of instruction for kindergartens shall be
deemed considered to be approved. to teach in such kindergartens
using the Montessori method without additional certification.
(d) Pursuant to such guidelines and criteria, and only
pursuant to such guidelines and criteria, the county boards may
establish programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional personnel
in addition to and to supplement regularly certified teachers,
mobile or permanent classrooms and other means developed to best
carry kindergarten to the child in its home and enlist the aid and
involvement of its parent or parents in presenting the program to
the child; or may develop programs of a more formal kindergarten
type, in existing school buildings, or both, as such county board
may determine, taking into consideration the cost, the terrain, the
existing available facilities, the distances each child may be
required to travel, the time each child may be required to be away
from home, the child's health, the involvement of parents and such
other factors as each county board may find pertinent. Such
determinations by any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the
fiscal year one thousand nine hundred seventy-two, and thereafter,
shall be allocated to counties from a special appropriation to the
state department from the general revenue fund: Provided, That
except for expenditures from the general revenue funds for regional kindergarten demonstration centers, in no event shall any state
money from the general fund be expended under the provisions of
this section unless federal funds are available for the purposes of
this section.
Allocations to counties will be made on the basis of approved
kindergarten programs. The state board shall establish criteria
and standards necessary to guide counties in developing approvable
kindergarten programs and shall determine funding levels of said
programs on local operating costs.
An additional appropriation shall be made to the state
department from the general revenue fund to establish and operate
during the fiscal year one thousand nine hundred seventy-two,
regional kindergarten demonstration centers in educational regions
three, four, five, six and seven, and thereafter in regions one
through seven. Said funds shall be allocated to said regions for
establishing and operating regional demonstration centers in
accordance with criteria and standards established by the state
board. Said regional centers shall be established to provide
exemplary and innovative kindergarten programs, to provide
laboratory experiences for preservice and in-service education for
professional personnel and staff development programs for training
paraprofessional personnel, to establish organizational and
administrative machinery designed to promote cooperation between
and among all agencies involved in the education and development of young children and to promote cooperation between counties in
providing high cost supervisory, developmental, research and
evaluative services not currently available to individual counties.
§18-5-18a. Maximum teacher-pupil ratio.
(a) County boards of education shall provide, by the school
year one thousand nine hundred eighty-three--eighty-four, and
thereafter, sufficient personnel, equipment and facilities as will
ensure that each first and second grade classroom, or classrooms
having two or more grades that include either the first or second
grades shall not have more than twenty-five pupils for each teacher
of the grade or grades and shall not have more than twenty pupils
for each kindergarten teacher per session, unless the state
superintendent has excepted a specific classroom upon application
therefor by a county board.
(b) County boards shall provide by the school year one
thousand nine hundred eighty-four--eighty-five, and continue
thereafter, sufficient personnel, equipment and facilities as will
ensure that each third, fourth, fifth and sixth grade classroom, or
classrooms having two or more grades that include one or more of
the third, fourth, fifth and sixth grades, shall not have more than
twenty-five pupils for each teacher of the grade or grades
.
(c) Beginning with the school year one thousand nine hundred
eighty-six--eighty-seven, and thereafter, No county shall maintain
a greater number of classrooms having two or more grades that include one or more of the grade levels referred to in this section
than were in existence in said county as of the first day of
January, one thousand nine hundred eighty-three: Provided,
That
for the prior school years, and only if there is insufficient
classroom space available in the school or county, a county may
maintain one hundred ten percent of such number of classrooms.
(d) During the school year one thousand nine hundred eighty-
four--eighty-five, and thereafter, The state superintendent is
authorized, consistent with sound educational policy, (a) to: (1)
Permit on a statewide basis, in grades four through six, more than
twenty-five pupils per teacher in a classroom for the purposes of
instruction in physical education, and (b) to (2) permit more than
twenty pupils per teacher in a specific kindergarten classroom and
twenty-five pupils per teacher in a specific classroom in grades
one four through six during a school year in the event of
extraordinary circumstances as determined by the state
superintendent after application by a county board of education.
The state board shall establish guidelines for the exceptions
authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils
above the pupil-teacher ratio as set forth in this section.
(e) The requirement for approval of an exception to exceed the
twenty pupils per kindergarten teacher per session limit or the
twenty-five pupils per teacher limit in grades one four through six is waived in schools where the schoolwide pupil-teacher ratio is
twenty-five or less in grades one four through six: Provided,
That
a teacher shall not have more than three pupils above the
teacher/pupil ratio as set forth in this section. Any kindergarten
teacher who has more than twenty pupils per session and any
classroom teacher of grades one four through six, who has more than
twenty-five pupils shall be paid additional compensation based on
the affected classroom teacher's average daily salary divided by
twenty for kindergarten teachers or twenty-five for teachers of
grades one four through six for every day times the number of
additional pupils enrolled up to the maximum pupils permitted in
the teacher's classroom. All such additional compensation shall be
paid from county funds exclusively.
(f) Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-four, a teacher in
grades one, two or three or classrooms having two or more such
grade levels, shall not have more than two pupils above the
teacher/pupil ratio as set forth in this section: Provided,
That
commencing with the school year beginning on the first day of July,
one thousand nine hundred ninety-five, such teacher shall not have
more than one pupil above the teacher/pupil ratio as set forth in
this section: Provided, however,
That commencing with the school
year beginning on the first day of July, one thousand nine hundred ninety-six, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section.
(g) No provision of this section is intended to limit the
number of pupils per teacher in a classroom for the purpose of
instruction in choral, band or orchestra music, nor the number of
pupils per teacher in a classroom in a middle school.
(h) Each school principal shall assign students equitably
among the classroom teachers, taking into consideration reasonable
differences due to subject areas and/or grade levels.
(i) The state board shall collect from each county board of
education information on class size and the number of pupils per
teacher for all classes in grades seven through twelve. The state
board shall report such information to the legislative oversight
commission on education accountability before the first day of
January of each year.
(j) The provisions of this section do not apply to classes,
grade five and above, conducted in the middle school format and
which have different teachers for different subject matter
instruction. The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a to
implement the provisions of this subsection.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of council of school
nurses.
(a) County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and shall further have the authority to take any other action
necessary to protect the pupils from infectious diseases, including
the authority to require from all school personnel employed in
their county, certificates of good health and of physical fitness.
(b) Each county board shall employ full time at least one
school nurse for every one thousand five hundred kindergarten
through seventh grade pupils in net enrollment or major fraction
thereof: Provided, That each county shall employ full time at
least one school nurse: Provided, however, That a county board may
contract with a public health department for services considered
equivalent to those required by this section in accordance with a
plan to be approved by the state board: Provided, further, That
the state board shall promulgate rules requiring the employment of
school nurses in excess of the number required by this section to
ensure adequate provision of services to severely handicapped
pupils.
(c) Any person employed as a school nurse shall must be a
registered professional nurse properly licensed by the West
Virginia board of examiners for registered professional nurses in
accordance with article seven, chapter thirty of this code.
(d) Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional, shall may be performed only by school nurses, other licensed school health
care providers as provided for in this section, or school employees
who have been trained and retrained every two years who are subject
to the supervision and approval by school nurses. After assessing
the health status of the individual student, a school nurse, in
collaboration with the student's physician, parents and in some
instances an individualized education program team, may delegate
certain health care procedures to a school employee who shall be
trained pursuant to this section, considered competent, have
consultation with, and be monitored or supervised by the school
nurse: Provided, That nothing herein shall prohibit in this
section prohibits any school employee from providing specialized
health procedures or any other prudent action to aid any person who
is in acute physical distress or requires emergency assistance.
For the purposes of this section "specialized health procedures"
means, but is not limited to, catheterization, suctioning of
tracheostomy, naso-gastric tube feeding or gastrostomy tube
feeding. "School employee" means "teachers", as defined in section
one, article one of this chapter and "aides", as defined in section
eight, article four, chapter eighteen-a of this code. Commencing
with the school year beginning on the first day of July, two
thousand two, "school employee" also means "secretary I",
"secretary II" and "secretary III", as defined in section eight,
article four, chapter eighteen-a of this code.
(e) Any school service employee who elects, or is required by
this section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board, shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: Provided, That any
training required in this section may be considered in lieu of
required in-service training of the school employee and a school
employee may not be required to elect to undergo the training or
retraining: Provided, however, That commencing with the first day
of July, one thousand nine hundred eighty-nine any newly employed
school employee in the field of special education shall be is
required to undergo the training and retraining as provided for in
this section: Provided further, That if an employee who holds a
class title of an aide is employed in a school and such the aide
has received the training, pursuant to this section, then an
employee in the field of special education shall not be is not
required to perform the specialized health care procedures.
(f) Each county school nurse, as designated and defined by
this section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional educational
service agency, prepare recommendations and elect a representative
to serve on the council of school nurses established under this section.
(g) There shall be established a council of school nurses
which shall be convened by the state board of education. This
council shall prepare a procedural manual and shall provide
recommendations regarding a training course to the director of the
state division of the commissioner of the bureau for public health
who shall consult with the state department of education. The
state division of health commissioner then has the authority to
promulgate rules a rule in accordance with the provisions of
article three, chapter twenty-nine-a of this code, to implement the
training and to create standards used by those school nurses and
school employees performing specialized health procedures. The
council shall meet every two years to review the certification and
training program regarding school employees.
(h) The state board of education shall work in conjunction
with county boards to provide training and retraining every two
years as recommended by the council of school nurses and
implemented by the state division of health the rule promulgated by
the commissioner.
§18-5-44. Early childhood education programs.
(a) For the purposes of this section, "early childhood
education" means programs for children who have attained the age of
four prior to the first day of September of the school year in
which the pupil enters the program created in this section.
(b) Findings.
(1) Among other positive outcomes, early childhood education
programs have been determined to:
(A) Improve overall readiness when children enter school;
(B) Decrease behavioral problems;
(C) Improve student attendance;
(D) Increase scores on achievement tests;
(E) Decrease the percentage of students repeating a grade; and
(F) Decrease the number of students placed in special
education programs.
(2) Quality early childhood education programs improve school
performance and low-quality early childhood education programs may
have negative effects, especially for at-risk children.
(3) West Virginia has the lowest percentage of its adult
population with a college degree and the education level of parents
is a strong indicator of how their children will perform in school;
(4) West Virginia currently ranks forty-fourth among the fifty
states in the percentage of school children eligible for free and
reduced lunches and this percentage is a strong indicator of how
the children will perform in school;
(5) For the school year two thousand one - two thousand two,
six thousand eight hundred fifty-three students less than five
years of age were enrolled in the public schools, a number equal to
approximately thirty-three percent of the number of five-year-old students enrolled in kindergarten;
(6) Projections indicate that total student enrollment in West
Virginia will decline by as much as eighteen percent, or by
approximately fifty thousand students, by the school year two
thousand twelve - two thousand thirteen.
(7) In part, because of the dynamics of the state aid formula,
county boards will continue to enroll four-year-old students to
offset the declining enrollments;
(8) West Virginia has a comprehensive kindergarten program for
five-year olds but the program was established in a manner that
resulted in unequal implementation among the counties which helped
create deficit financial situations for several county school
boards;
(9) Expansion of current efforts to implement a comprehensive
early childhood education program should avoid the problems
encountered in kindergarten implementation;
(10) Because of the dynamics of the state aid formula,
counties experiencing growth are at a disadvantage in implementing
comprehensive early childhood education programs; and
(11) West Virginia citizens will benefit from the
establishment of quality comprehensive early childhood education
programs.
(c) Beginning no later than the school year two thousand
twelve - two thousand thirteen, and continuing thereafter, county boards shall provide early childhood education programs for all
children who have attained the age of four prior to the first day
of September of the school year in which the pupil enters the early
childhood education program.
(d) The program shall meet the following criteria:
(1) It shall be voluntary, except, upon enrollment, the
provisions of section one, article eight of this chapter shall
apply to an enrolled student; and
(2) It may be for fewer than five days per week and may be
less than full day.
(e) Enrollment of students in head start, or in any other
program approved by the state superintendent as provided in
subsection (k) of this section, shall be counted toward satisfying
the requirement of subsection (c) of this section.
(f) For the purposes of implementation financing, all
counties are encouraged to make use of funds from existing sources,
including:
(1) Federal funds provided under the Elementary and Secondary
Education Act pursuant to 20 U.S.C. § 6301 et seq.;
(2) Federal funds provided for head start pursuant to 42
U.S.C. § 9831 et seq.;
(3) Federal funds for temporary assistance to needy families
pursuant to 42 U.S.C. § 601 et seq.;
(4) Funds provided by the school building authority pursuant to article nine-d of this chapter;
(5) In the case of counties with declining enrollments, funds
from the state aid formula above the amount indicated for the
number of students actually enrolled in any school year; and
(6) Any other public or private funds.
(g) Prior to the school year beginning two thousand four, each
county shall develop a plan for implementing the program required
by this section. The plan shall include the following elements:
(1) An analysis of the demographics of the county related to
early childhood education program implementation;
(2) An analysis of facility and personnel needs;
(3) Financial requirements for implementation and potential
sources of funding to assist implementation;
(4) Details of how the county board will cooperate and
collaborate with other early childhood education programs,
including, but not limited to head start, to maximize federal and
other sources of revenue;
(5) Specific time lines for implementation; and
(6) Such other items as the state board by policy may require.
(h) Prior to the school year beginning two thousand four, a
county board shall submit its plan to the governor's cabinet on
children and families for approval. The cabinet shall approve the
plan if the following conditions are met:
(1) The county has maximized the use of federal and other available funds for early childhood programs;
(2) The county has provided for the maximum implementation of
head start programs and other public and private programs approved
by the state superintendent pursuant to the terms of subsection (k)
of this section; and
(3) The county has complied substantially with the mandates of
the master plan, if any, required by section nine, article twenty-
six, chapter five of this code.
If the cabinet finds that the county has not met one or more
of the requirements of this subsection, but that the county has
acted in good faith and the failure to comply was not the primary
fault of the county board, then the cabinet shall approve the plan.
Any denial by the cabinet may be appealed to the circuit court of
the county in which the county board is located.
(i) Prior to the school year beginning two thousand four, the
county board shall submit its plan for approval to the state board.
The state board shall approve the plan if the county board has
complied substantially with the requirements of subsection (g) of
this section and has obtained the approval required in subsection
(h) of this section.
(j) Every county board shall submit its plan for reapproval by
the governor's cabinet on children and families and by the state
board at least every two years after the initial approval of the
plan and until full implementation of the early childhood education program in the county. As part of the submission, the county board
shall provide a detailed statement of the progress made in
implementing its plan. The standards and procedures provided for
the original approval of the plan apply to any reapproval.
(k) No county board may increase the total number of students
enrolled in an early childhood program for the year in which its
plan is submitted for approval or reapproval until approval from
the governor's cabinet on children and families and the state board
has been granted.
(l) The state board annually may grant a county board a waiver
for total or partial implementation if the state board finds that
all of the following conditions exist:
(1) The county board is unable to comply either because:
(A) It does not have sufficient facilities available; or
(B) It does not and has not had available funds sufficient to
implement the program;
(2) The county has not experienced a decline in enrollment at
least equal to the total number of students to be enrolled; and
(3) Other agencies of government have not made sufficient
funds or facilities available to assist in implementation.
Any county seeking a waiver must apply with the supporting
data to meet the criteria for which they are eligible on or before
the twenty-fifth day of March for the following school year. The
state superintendent shall grant or deny the requested waiver on or before the fifteenth day of April of that same year.
(m) The provisions of subsections (b), (c) and (d), section
eighteen, article five of this chapter relating to kindergarten
shall apply to early childhood education programs in the same
manner in which they apply to kindergarten programs.
(n) On or before the first day of December, two thousand four,
and each year thereafter, the state board shall report to the
legislative oversight commission on education accountability on
the progress of implementation of this section.
(o) During or after the school year beginning in two thousand
four, and except as may be required by federal law or regulation,
no county shall enroll students who will be less than four years of
age prior to the first day of September for the year they enter
school.
(p) Neither the state board nor the state department may
provide any funds to any county for the purpose of implementing
this section unless the county board has a plan approved pursuant
to subsections (h), (i), and (j) of this section.
(q) The state board shall promulgate a rule in accordance with
the provisions of article three-b, chapter twenty-nine-a of this
code for the purposes of implementing the provisions of this
section. The state board shall consult with the governor's cabinet
on children and families in the preparation of the rule.
The rule
shall contain the following:
(1) Standards for curriculum;
(2) Standards for preparing students;
(3) Attendance requirements;
(4) Standards for personnel; and
(5) Such other terms as may be necessary to implement the
provisions of this section.
(r) The rule shall include the following elements relating to
curriculum standards:
(1) A requirement that the curriculum be designed to address
the developmental needs of four-year-old children , consistent with
prevailing research on how children learn;
(2) A requirement that the curriculum be designed to achieve
long range goals for the social, emotional, physical and academic
development of young children;
(3) A method for including a broad range of content that is
relevant, engaging and meaningful to young children;
(4) A requirement that the curriculum incorporate a wide
variety of learning experiences, materials and equipment, and
instructional strategies to respond to differences in prior
experience, maturation rates and learning styles that young
children bring to the classroom;
(5) A requirement that the curriculum be designed to build on
what children already know in order to consolidate their learning
and foster their acquisition of new concepts and skills;
(6) A requirement that the curriculum meet the recognized
standards of the relevant subject matter disciplines;
(7) A requirement that the curriculum engage children actively
in the learning process and provide them with opportunities to make
meaningful choices;
(8) A requirement that the curriculum emphasize the
development of thinking, reasoning, decision-making and problem-
solving skills;
(9) A set of clear guidelines for communicating with parents
and involving them in decisions about the instructional needs of
their children; and
(10) A systematic plan for evaluating program success in
meeting the needs of young children and for helping them to be
ready to succeed in school.
§18-5-45. School calendar.
(a) As used in this section, the following terms have the
following meanings:
(1) Instructional day means a day within the instructional
term which meets the following criteria:
(A) Instruction is offered to students for the amounts of
time provided by state board rule;
(B) A minimum percentage of students, as defined by state
board rule, are present in the county schools;
(C) Instructional time is used for instruction, co-curricular activities and approved extra-curricular activities;
(D) Such other criteria as the state board determines
appropriate.
(2) Bank time means time added beyond the required
instructional day which may be accumulated and used in larger
blocks of time during the school year for instructional or
non-instructional activities, as further defined by the state
board.
(3) Extra-curricular activities are activities under the
supervision of the school such as athletics, non-instructional
assemblies, social programs, entertainment and other similar
activities, as further defined by the state board.
(4) Co-curricular activities are activities that are closely
related to identifiable academic programs or areas of study that
serve to complement academic curricula as further defined by the
state board.
(b) Findings -
(1) A primary purpose of the school system is to provide
instruction for students;
(2) The school calendar, as defined in this section, is
designed to define the school term both for employees and for
instruction;
(3) The school calendar traditionally has provided for one
hundred eighty actual days of instruction but numerous circumstances have combined to cause the actual number of
instructional days to be less than one hundred eighty;
(4) The quality and amount of instruction offered during the
instructional term is affected by the extra-curricular and co-
curricular activities allowed to occur during scheduled
instructional time; and
(5) Within reasonable guidelines, the school calendar should
be designed at least to guarantee that one hundred eighty actual
days of instruction are possible.
(c) The county board shall provide a school term for its
schools which shall contain the following:
(1) An employment term for teachers of no less than two
hundred days, exclusive of Saturdays and Sundays; and
(2) Within the employment term, an instructional term for
students of no less than one hundred eighty separate days.
(d) The instructional term shall commence no earlier than the
twenty-sixth day of August and terminate no later than the eighth
day of June.
(e) Non-instructional days shall total twenty and shall be
comprised of the following:
(1) Seven holidays as specified in section two, article five,
chapter eighteen-a of this code;
(2) Election day as specified in section two, article five,
chapter eighteen-a of this code;
(3) Six days to be designated by the county board to be used
by the employees outside the school environment; and
(4) Four days to be designated by the county board for one or
more of the following purposes:
(A) Curriculum development;
(B) Preparation for opening and closing school;
(C) Professional development;
(D) Teacher-pupil-parent conferences;
(E) Professional meetings; and
(F) Making up days when instruction was scheduled but not
conducted.
(5) Two days to be designated by the county board to be used
by the employees for professional development.
(f) No more than three days described in subdivision (3),
subsection (e) of this section may be scheduled prior to the
fifteenth day of May of the instructional term.
(g) No more than two days described in subdivision (4),
subsection (e) of this section may be scheduled prior to the
fifteenth day of May of the instructional term.
(h) The two days described in subdivision (e), subsection (5)
shall be scheduled subject to the following:
(1) The days shall be scheduled prior to the first day of
April unless otherwise determined by the state board;
(2) The staff development program shall be approved by the state board.
(i) All non-instructional days will be scheduled prior to the
eighth day of June.
(j) The state board may not schedule the primary statewide
assessment program prior to the fifteenth day of May of the
instructional year unless the state board determines that the
nature of the test mandate an earlier testing date.
(k) If, on or after the fifteenth day of May, the county
board determines that it will not be possible to complete one
hundred eighty separate days of instruction, the county board shall
schedule instruction on any available non-instructional day,
regardless of the purpose for which the day originally was
scheduled, and the day will be used for instruction. The
provisions of this subsection do not apply to: (i) Holidays; (ii)
election day; and (iii) one day described in subdivision (4),
subsection (e) of this section: Provided, That the day described
in subdivision (4), subsection (e) of this section is used to close
the school.
(l) The following applies to bank time:
(1) Bank time may not be used to avoid one hundred eighty
separate days of instruction;
(2) Bank time may not be used to lengthen the time provided
in law for faculty senates;
(3) The use of bank time for extra-curricular activities will be limited by the state board:
(4) Such other requirements or restrictions as the state
board may provide in the rule required to be promulgated by this
section.
(m) The following applies to co-curricular activities:
(1) The state board shall determine what activities may be
considered co-curricular;
(2) The state board shall determine the amount of
instructional time that may be consumed by co-curricular
activities;
(3) Such other requirements or restrictions as the state
board may provide in the rule required to be promulgated by this
section.
(n) The following applies to extra-curricular activities:
(1) Except as provided by subdivision (3) of this subsection,
extra-curricular activities shall not be scheduled during
instructional time;
(2) The use of bank time for extra-curricular activities will
be limited by the state board; and
(3) The state board shall provide for the attendance by
students of certain activities sanctioned by the secondary schools
activities commission when those activities are related to
statewide tournaments or playoffs or are programs required for
secondary schools activities commission approval.
(o) Nothing in this section shall prohibit the establishment
of year-round schools in accordance with rules to be established by
the state board.
(p) Prior to implementing the school calendar, the county
board shall secure approval of its proposed calendar from the state
board or, if so designated by the state board, from the state
superintendent.
(q) The county board may contract with all or part of the
personnel for a longer term.
(r) The minimum instructional term may be decreased by order
of the state superintendent in any county declared to be a federal
disaster area and where the event causing the declaration is
substantially related to a loss of instructional days.
(s) Where the employment term overlaps a teacher's or service
personnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, such participation for not
more than five of the non-instructional days of the employment
term.
(t) The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a for
the purpose of implementing the provisions of this section.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election of
officers; powers and duties.
(a) There is established at every public school in this state
a faculty senate which shall be comprised of all permanent,
full-time professional educators employed at the school who shall
all be voting members. Professional educators as used in this
section means professional educators as defined in chapter
eighteen-a of this code. A quorum of more than one half of the
voting members of the faculty shall be present at any meeting of
the faculty senate at which official business is conducted. Prior
to the beginning of the instructional term each year, but within
the employment term, the principal shall convene a meeting of the
faculty senate to elect a chair, vice chair and secretary and
discuss matters relevant to the beginning of the school year. The
vice chair shall preside at meetings when the chair is absent.
Meetings of the faculty senate shall be held on a regular basis as
determined by a schedule approved by the faculty senate and amended
from time to time if needed. Emergency meetings may be held at the
call of the chair or a majority of the voting members by petition
submitted to the chair and vice chair. An agenda of matters to be
considered at a scheduled meeting of the faculty senate shall be
available to the members at least two employment days prior to the
meeting and in the case of emergency meetings, as soon as possible
prior to the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit
recommendations to the full faculty senate, but the acts of the
faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by
law, or authorized by policies adopted by the state or county board
of education or bylaws which may be adopted by the faculty senate
not inconsistent with law, the powers and duties listed in this
subsection are specifically reserved for the faculty senate. The
intent of these provisions is neither to restrict nor to require
the activities of every faculty senate to the enumerated items
except as otherwise stated. Each faculty senate shall organize its
activities as it deems most effective and efficient based on school
size, departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such funds, each classroom
teacher and librarian shall be allotted fifty dollars for
expenditure during the instructional year for academic materials,
supplies or equipment which, in the judgment of the teacher or
librarian, will assist him or her in providing instruction in his
or her assigned academic subjects or shall be returned to the
faculty senate: Provided, That nothing contained herein shall
prohibit such funds from being used for programs and materials
that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the
problems of students at-risk. The remainder of funds shall be
expended for academic materials, supplies or equipment in
accordance with a budget approved by the faculty senate.
Notwithstanding any other provisions of the law to the contrary,
funds not expended in one school year shall be available for
expenditure in the next school year: Provided, however, That the
amount of county funds budgeted in a fiscal year shall not be
reduced throughout the year as a result of the faculty
appropriations in the same fiscal year for such materials, supplies
and equipment. Accounts shall be maintained of the allocations and
expenditures of such funds for the purpose of financial audit.
Academic materials, supplies or equipment shall be interpreted
broadly, but shall not include materials, supplies or equipment
which will be used in or connected with interscholastic athletic
events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit recommendations
regarding employment to the principal, who may also make
independent recommendations, for submission to the county
superintendent: Provided, That such process shall be chaired by
the school principal and must permit the timely employment of
persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as
outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents, for
recognition under other appropriate recognition programs and may
establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the
principal regarding establishment of the master curriculum schedule
for the next ensuing school year.
(6) A faculty senate may establish a process for the review
and comment on sabbatical leave requests submitted by employees at
the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council established
pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to
the county staff development council pursuant to section eight,
article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make
recommendations on the selection of faculty to serve as mentors for
beginning teachers under beginning teacher internship programs at
the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made
available to the faculty senate: Provided, That the faculty senate
shall select a member who shall have the duty of maintaining a
record of all funds received and expended by the faculty senate,
which record shall be kept in the school office and shall be
subject to normal auditing procedures.
(11) On or after the first day of January, one thousand nine
hundred ninety-two, any faculty senate may review the evaluation
procedure as conducted in their school to ascertain whether such
evaluations were conducted in accordance with the written system
required pursuant to section twelve, article two, chapter
eighteen-a of this code and the general intent of this Legislature
regarding meaningful performance evaluations of school personnel.
If a majority of members of the faculty senate determine that such
evaluations were not so conducted, they shall submit a report in
writing to the state board of education: Provided, That nothing
herein shall create any new right of access to or review of any
individual's evaluations.
(12) Each faculty senate shall be provided by its local board
of education at least a two-hour per month block of
noninstructional instructional time within the school day:
Provided, That any such designated day shall constitute a full
instructional day. This time may be utilized and determined at the local school level and shall include, but not be limited to,
faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit said strategic
plan to the superintendent of the county board of education by the
thirtieth day of June, one thousand nine hundred ninety-five, and
periodically thereafter pursuant to guidelines developed by the
state department of education. Each faculty senate shall encourage
the participation of local school improvement councils, parents and
the community at large in the development of the strategic plan for
each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for the placement of additional staff into integrated
classrooms to meet the needs of exceptional needs students without
diminishing the services rendered to the other students in
integrated classrooms; (G) guidelines for implementation of
collaborative planning and instruction; and (H) training for all
regular classroom teachers who serve students with exceptional
needs in integrated classrooms.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-5. Foundation allowance for service personnel.
The basic foundation allowance to the county for service
personnel shall be the amount of money required to pay the annual
state minimum salaries in accordance with the provisions of article
four, chapter eighteen-a of this code, to such service personnel
employed: Provided,
That no county shall receive an allowance for
an amount in excess of thirty-four service personnel per one
thousand students in adjusted enrollment: Provided, however,
That
the state superintendent of schools is authorized in accordance
with rules and regulations established by the state board and upon
request of a county superintendent to waive the maximum ratio of
thirty-four service personnel per one thousand students in adjusted
enrollment and the twenty percent per year growth cap provided in
this section, to the extent appropriations are provided, in those
cases where the state superintendent determines that student
population density and miles of bus route driven or the
transportation of students to a county or a multi-county
vocational-technical center justify the waiver, except that no
waiver shall be granted to any county whose financial statement
shows a net balance in general current expense funds greater than
three percent at the end of the previous fiscal year: Provided
further,
That on or before the first day of each regular session
of the Legislature, the state board, through the state
superintendent, shall make to the Legislature a full report concerning the number of waivers granted and the fiscal impact
related thereto. Every county shall utilize methods other than
reduction in force, such as attrition and early retirement, before
implementing their reductions in force policy to comply with the
limitations of this section.
For any county which has in excess of thirty-four service
personnel per one thousand students in adjusted enrollment, the
allowance shall be computed based upon the average state minimum
pay scale salary of all service personnel in the county: Provided,
That for any county having fewer than thirty-four service personnel
per one thousand students in adjusted enrollment, in any one year,
the number of service personnel used in making this computation may
be increased the succeeding years by no more than twenty percent
per year of its total potential increase under this provision,
except that in no case shall the limit be fewer than two service
personnel until the county attains the maximum ratio set forth:
Provided, however,
That where two or more counties join together in
support of a vocational or comprehensive high school or any other
program or service, the service personnel for the school or program
may be prorated among the participating counties on the basis of
each one's enrollment therein and that the personnel shall be
considered within the above-stated limit.
§18-9A-5a. Ratio of foundation allowances for professional
educators and service personnel to net enrollment.
(a) The purpose of this section is to establish maximum ratios
between the numbers of professional educators and service personnel
in the counties which are funded through the public school support
plan and the net enrollment in the counties, such ratios are in
addition to the ratios provided for in sections four and five of
this article. It is the intent of the Legislature to adjust these
ratios pursuant to legislative act as may be appropriate when
additional personnel are needed to perform additional duties.
(b) Commencing with the school year one thousand nine hundred
eighty-nine--ninety beginning on the first day of July, two
thousand two, and each school year thereafter, in computing the
basic foundation allowance to a county for professional educators
and the basic foundation allowance to a county for service
personnel under sections four and five of this article, a county
shall not receive an allowance for such personnel which number per
one thousand students in net enrollment is in excess of the number
of professional educators and the number of service personnel in
the county computed as follows:
Maximum professionalMaximum service
educators per 1000personnel per 1000
net enrollment thenet enrollment the
For thepreceding yearpreceding year
school High density Low density High Density Low density
year County County County County
2002-0374.1074.2543.7444.75
2003-0474.2074.5543.9044.95
2004-0574.3874.8044.0545.20
2005-0674.5075.1544.2045.45
2006-0774.6875.5044.4045.60
2007-0874.9075.9544.6045.75
2008-0975.1076.5044.8045.90
2009-1075.3077.1044.9246.20
2010-1175.4577.5045.0546.60
2011-1275.6077.7545.3046.90
2012-1375.8078.1045.5847.25
2013-1476.0079.0045.9147.55
1998-99 74.0 43.5
Maximum service Maximum service
Personal per 1000 personnel per 1000
Maximum professional net enrollment the net enrollment the
For the
educators per 1000
preceding year for preceding year for
school year
net enrollment the
each high density
each low density
1999-2000
preceding year
county
county
and thereafter
74.0
43.6
44.5
(c) The intent of the increases in the ratios of professional
and service personnel to students in net enrollment is to provide
additional flexibility to the counties to employ state funded
professional and service personnel as in their discretion are
needed in their counties.
(c) (d) Every county shall utilize methods other than
reductions in force, such as attrition and early retirement, before
implementing their reductions in force policy to comply with the
limitations of this section.
§18-9A-13b. Allowance for education reserve account.
(a) There is hereby established a general revenue account to
be appropriated by the Legislature entitled the "Education Reserve
Account".
(b) Commencing with the school year beginning on or after the
first day of July, two thousand two, the following applies to funds
which will accrue in the succeeding fiscal year from decreases in
net and adjusted enrollment used for calculating distributions from
the state basic foundation program for the succeeding school year:
(1) Annually by the first day of December, the state
superintendent shall certify to the governor, the President of the
Senate and the Speaker of the House of Delegates the amount which
will accrue in the succeeding fiscal year from decreases in net and
adjusted enrollment used for calculating distributions from the
state basic foundation program for the succeeding school year;
(2) The governor shall include in the education reserve
account of the executive budget for the succeeding fiscal year the
amount certified by the state superintendent; and
(3) The governor may not recommend the amount certified by
the state superintendent for any appropriation other than the education reserve account.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-19. Comprehensive high schools.
(a) The Legislature finds the following:
(1) The decline in student enrollment over the last twenty
years has necessitated consolidation of schools in many counties;
(2) It is projected that the decline in student enrollment
during the period two thousand two through two thousand twelve may
be as great as eighteen percent and will continue the necessity to
consolidate schools;
(3) The new consolidated school buildings now being built
across the state provide an opportunity for communities to have
comprehensive high schools that include space for vocational-
technical courses, community college courses and other workforce
related courses for the students and the public at large;
(4) Requiring students to be bused to remote vocational
centers has sometimes deterred student participation in vocational
courses and has sometimes been considered a stigma upon those
students attending vocational courses;
(5) Offering vocational, community college and workforce
programs in close proximity to each other compliment the high
school and the programs; and
(6) The change in ths season for girls' basketball to
coincide with boys' basketball has placed significant pressures on the availability of gymnasium space and often has caused practices
to be scheduled late in the evenings and on weekends, interfering
with time needed for studying and rest.
(b) When planning the construction of a high school which has
been approved by the authority, the authority shall provide funding
for comprehensive vocational facilities to be located, when
feasible, on the same site as the high school and may, in
cooperation with the higher education policy commission,
established in section one, article one-b, chapter eighteen-b,
provide funding for facilities for community and technical college
education.
(c) When planning the construction of a high school which has
been approved by the authority, the authority shall provide funding
sufficient for the construction of at least one auxiliary
gymnasium.
(d) Upon application of a county board to construct
comprehensive vocational facilities at an existing high school, the
authority will cooperate with the county to develop a plan for
construction of the comprehensive vocational facility. Upon
development of the plan, the authority shall consider funding based
on the following criteria:
(1) The distance of any existing vocational facilities from
the high schools it serves;
(2) The time required to travel to and from the vocational facility to the high schools it serves;
(3) The ability of the county board to provide local funds
for the construction of new comprehensive vocational facilities;
(4) The size of the existing high schools and the demand for
vocational technical courses;
(5) The age and physical condition of the existing vocational
facilities; and
(6) Such other criteria as the authority shall consider
appropriate.
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A
RELIGIOUS ORDER.
§18-28-7. Waiver of required assessment for certain students
attending parochial school.
The state superintendent may waive the assessment requirement
for parochial schools set forth in section three of this article
if the state superintendent determines that a court of law has held
that the assessment requirement would violate a provision of the
state or federal constitution.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract
status; how terminated; dismissal for lack of need; released
time; failure of teacher to perform contract or violation
thereof.
(a) Before entering upon their duties, all teachers shall
execute a contract with their boards of education, which contract
shall state the salary to be paid and shall be in the form
prescribed by the state superintendent of schools. Every such
contract shall be signed by the teacher and by the president and
secretary of the board of education and when so signed shall be
filed, together with the certificate of the teacher, by the
secretary of the office of the board.
(b) A teacher's contract, under this section, shall be for a
term of not less than one nor more than three years, one of which
shall be for completion of a beginning teacher internship pursuant
to the provisions of section two-b, article three of this chapter,
if applicable; and if, after three years of such employment, the
teacher who holds a professional certificate, based on at least a
bachelor's degree, has met the qualifications for the same and the
board of education enter into a new contract of employment, it
shall be a continuing contract: Provided, That any teacher holding
a valid certificate with less than a bachelor's degree who is
employed in a county beyond the said three-year probationary period
shall upon qualifying for said professional certificate based upon
a bachelor's degree, if reemployed, be granted continuing contract
status: Provided, however, That a teacher holding continuing
contract status with one county shall be granted continuing
contract status with any other county upon completion of one year of acceptable employment if such employment is during the next
succeeding school year or immediately following an approved leave
of absence extending no more than one year.
(c) The continuing contract of any teacher shall remain in
full force and effect except as modified by mutual consent of the
school board and the teacher, unless and until terminated: (1) By
a majority vote of the full membership of the board on or before
the first Monday of April of the then current year, after written
notice, served upon the teacher, return receipt requested, stating
cause or causes and an opportunity to be heard at a meeting of the
board prior to the board's action thereon; or (2) by written
resignation of the teacher before that date, to initiate
termination of a continuing contract. Such termination shall take
effect at the close of the school year in which the contract is so
terminated: Provided, That the contract may be terminated at any
time by mutual consent of the school board and the teacher and that
this section shall not affect the powers of the school board to
suspend or dismiss a principal or teacher pursuant to section eight
of this article: Provided, however, That a continuing contract for
any teacher holding a certificate valid for more than one year and
in full force and effect during the school year one thousand nine
hundred eighty-four and one thousand nine hundred eighty-five shall
remain in full force and effect: Provided further, That a
continuing contract shall not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services
pursuant to the provisions of law relating to the allocation to
teachers and pupil-teacher ratios. The written notification of
teachers being considered for dismissal for lack of need shall be
limited to only those teachers whose consideration for dismissal is
based upon known or expected circumstances which will require
dismissal for lack of need. An employee who was not provided
notice and an opportunity for a hearing pursuant to subsection (a)
of this section may not be included on the list. In case of such
dismissal, the teachers so dismissed shall be placed upon a
preferred list in the order of their length of service with that
board, and no teacher shall be employed by the board until each
qualified teacher upon the preferred list, in order, shall have
been offered the opportunity for reemployment in a position for
which they are qualified: And provided further, That he or she has
not accepted a teaching position elsewhere. Such reemployment
shall be upon a teacher's preexisting continuing contract and shall
have the same effect as though the contract had been suspended
during the time the teacher was not employed.
(d) In the assignment of position or duties of a teacher under
said continuing contract, the board shall have authority to may
provide for released time of a teacher for any special professional
or governmental assignment without jeopardizing the contractual
rights of such teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be
provided for any professional educator while serving as a member of
the Legislature during any duly constituted session of that body
and its interim and statutory committees and commissions without
jeopardizing his or her contractual rights or any other rights,
privileges, benefits or accrual of experience for placement on the
state minimum salary schedule in the following school year under
the provisions of this chapter, board policy and law.
(e) Any teacher who fails to fulfill his contract with the
board, unless prevented from so doing by personal illness or other
just cause or unless released from such contract by the board, or
who violates any lawful provision thereof, shall be disqualified to
teach in any other public school in the state for a period of the
next ensuing school year and the state department of education or
board may hold all papers and credentials of such teacher on file
for a period of one year for such violation: Provided, That
marriage of a teacher shall not be considered a failure to fulfill,
or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article
one of this chapter, who desires to resign employment with a board
of education or request a leave of absence, such resignation or
leave of absence to become effective on or before the fifteenth day
of July of the same year and after completion of the employment
term, may do so at any time during the school year by written notification thereof and any such notification received by a board
of education shall automatically extend such teacher's public
employee insurance coverage until the thirty-first day of August of
the same year.
(g) Any classroom teacher who gives written notice to the
county board of education on or before the first day of February of
the school year of their resignation or retirement from employment
with the board at the conclusion of the school year shall be paid
five hundred dollars from the "Early Notification of Retirement"
line item established for the department of education for this
purpose, subject to appropriation by the Legislature. If the
appropriations to the department of education for this purpose are
insufficient to compensate all applicable teachers, the department
of education shall request a supplemental appropriation in an
amount sufficient to compensate all such teachers. Additionally,
if funds are still insufficient to compensate all applicable
teachers, the priority of payment is for teachers who give written
notice the earliest. This payment shall not be counted as part of
the final average salary for the purpose of calculating retirement.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING,
PROFESSIONAL DEVELOPMENT.
§18A-3-6. Grounds for revocation of certificates; recalling
certificates for correction.
The state superintendent may, after ten days' notice and upon proper evidence, revoke the certificates or deny for cause any
application for certification or for changes in certification of
any teacher for drunkenness, untruthfulness, immorality, or for any
physical, mental or moral defect which would render him unfit for
the proper performance of his duties as a teacher, or for any
neglect of duty or refusal to perform the same, or for using
fraudulent, unapproved, or insufficient credit, or for any other
cause which would have justified the withholding of a certificate
when the same was issued. The state superintendent may designate
a person or persons to conduct hearings in accordance herewith who
shall make recommendations for action by the state superintendent.
It shall be the duty of any county superintendent who knows of
any immorality or neglect of duty on the part of any teacher to
report the same, together with all the facts and evidence, to the
state superintendent for such action as in his judgment may be
proper.
If a certificate has been granted through an error, oversight,
or misinformation, the state superintendent of schools shall have
authority to recall the certificate and make such corrections as
will conform to the requirements of law and the state board of
education.
§18A-3-9. County service personnel staff development councils.
(a) The Legislature finds the professional expertise and
insight of service personnel to be an invaluable ingredient in the development and delivery of staff development programs which meet
the needs of service personnel.
(b) Therefore, a service personnel staff development council
comprised of representation from the various categories of service
personnel employment shall be established in each school district
in the state in accordance with rules adopted by the state board of
education. Nominations of service personnel to serve on the county
service personnel staff development council may be submitted by the
six groups, as defined in subsection (e), section one, article one
of this chapter, of the district to the county superintendent who
shall prepare and distribute ballots and tabulate the votes of the
counties service personnel voting on the persons nominated. Each
county staff service personnel development council shall consist of
two employees from each category of employment one of whom shall be
elected as chairperson by the staff development council members.
The councils have final authority to propose staff development
programs for their peers based upon rules established by statute
and the council on service personnel education. The county
superintendent or a designee has an advisory, nonvoting role on the
council. The county board shall make available an amount equal to
one tenth of one percent of the amounts provided in accordance with
section five, article nine-a, chapter eighteen of this code and
credit the funds to an account to be used by the council to fulfill
its objectives. The local board has the final approval of all proposed disbursements. Any funds credited to the council during
a fiscal year, but not used by the council, shall be carried over
in the council account for use in the next fiscal year. Any
carried-over funds shall be separate and apart from, and in
addition to, the funds to be credited to the council pursuant to
this section.
(c) At the end of each fiscal year, the county board of
education shall report to the staff development chairperson the
total amount and balance of the staff development council account,
the amount appropriated for the recent fiscal year, the amount of
funds requested and used by the staff development council, and the
amount of funds carried over into the next fiscal year. The county
board of education shall further provide to the state
superintendent of schools at the end of each fiscal year the names
of the service personnel staff development council members, the
name of the chairperson, the number of meetings the service
personnel staff development council held to plan staff development
programs and the number of hours service employees were provided
during their employment terms to implement their staff development
programs.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in the
"state minimum salary schedule I" as set forth in this section, specific additional amounts prescribed in this section or article,
and any county supplement in effect in a county pursuant to section
five-a of this article during the contract year: Provided, That
beginning on the first day of the second quarter of the teacher's
employment term in the school year two thousand one-two thousand
two July, two thousand two, and thereafter, each teacher shall
receive the amount prescribed in "state minimum salary schedule II"
as set forth in this section, specific additional amounts
prescribed in this section or article, and any county supplement in
effect in a county pursuant to section five-a of this article
during the contract year.
STATE MINIMUM SALARY SCHEDULE I
(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years4
th3
rd2
ndA.B.M.A.M.A.M.A.Doctorate
Exp.ClassClassClassA.B.+15M.A.+15+30+45
|
0
|
20,084
|
20,721
|
20,976
|
22,186
|
22,921
|
24,629
|
25,364
|
26,099
|
26,834
|
27,834
|
|
1
|
20,365
|
21,002
|
21,257
|
22,651
|
23,386
|
25,094
|
25,829
|
26,564
|
27,299
|
28,299
|
|
2
|
20,646
|
21,284
|
21,539
|
23,116
|
23,851
|
25,559
|
26,294
|
27,029
|
27,764
|
28,764
|
|
3
|
20,928
|
21,565
|
21,820
|
23,581
|
24,316
|
26,024
|
26,759
|
27,494
|
28,229
|
29,229
|
|
4
|
21,445
|
22,082
|
22,338
|
24,282
|
25,017
|
26,725
|
27,460
|
28,195
|
28,930
|
29,930
|
|
5
|
21,726
|
22,364
|
22,619
|
24,747
|
25,482
|
27,190
|
27,925
|
28,660
|
29,395
|
30,395
|
|
6
|
22,008
|
22,645
|
22,900
|
25,212
|
25,947
|
27,655
|
28,390
|
29,125
|
29,860
|
30,860
|
|
7
|
22,008
|
22,926
|
23,182
|
25,677
|
26,412
|
28,120
|
28,855
|
29,590
|
30,325
|
31,325
|
|
8
|
22,008
|
23,208
|
23,463
|
26,142
|
26,877
|
28,585
|
29,320
|
30,055
|
30,790
|
31,790
|
|
9
|
22,008
|
|
23,744
|
26,607
|
27,342
|
29,050
|
29,785
|
30,520
|
31,255
|
32,255
|
|
10
|
22,008
|
|
24,025
|
27,073
|
27,808
|
29,516
|
30,251
|
30,986
|
31,721
|
32,721
|
|
11
|
22,008
|
|
|
27,538
|
28,273
|
29,981
|
30,716
|
31,451
|
32,186
|
33,186
|
|
12
|
22,008
|
|
|
28,003
|
28,738
|
30,446
|
31,181
|
31,916
|
32,651
|
33,651
|
|
13
|
22,008
|
|
|
28,468
|
29,203
|
30,911
|
31,646
|
32,381
|
33,116
|
34,116
|
|
14
|
22,008
|
|
|
|
|
31,376
|
32,111
|
32,846
|
33,581
|
34,581
|
|
15
|
22,008
|
|
|
|
|
31,841
|
32,576
|
33,311
|
34,046
|
35,046
|
|
16
|
22,008
|
|
|
|
|
32,306
|
33,041
|
33,776
|
34,511
|
35,511
|
|
17
|
22,008
|
|
|
|
|
|
|
34,241
|
34,976
|
35,976
|
|
18
|
22,008
|
|
|
|
|
|
|
34,706
|
35,441
|
36,441
|
|
19
|
22,008
|
|
|
|
|
|
|
35,171
|
35,906
|
36,906
|
STATE MINIMUM SALARY SCHEDULE II I
(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years4
th3
rd2
ndA.B.M.A.M.A.M.A.Doctorate
Exp.ClassClassClassA.B.+15M.A.+15+30+45
|
0
|
21,084
|
21,721
|
21,976
|
23,186
|
23,921
|
25,629
|
26,364
|
27,099
|
27,834
|
28,834
|
|
1
|
21,365
|
22,002
|
22,257
|
23,651
|
24,386
|
26,094
|
26,829
|
27,564
|
28,299
|
29,299
|
|
2
|
21,646
|
22,284
|
22,539
|
24,116
|
24,851
|
26,559
|
27,294
|
28,029
|
28,764
|
29,764
|
|
3
|
21,928
|
22,565
|
22,820
|
24,581
|
25,316
|
27,024
|
27,759
|
28,494
|
29,229
|
30,229
|
|
4
|
22,445
|
23,082
|
23,338
|
25,282
|
26,017
|
27,725
|
28,460
|
29,195
|
29,930
|
30,930
|
|
5
|
22,726
|
23,364
|
23,619
|
25,747
|
26,482
|
28,190
|
28,925
|
29,660
|
30,395
|
31,395
|
|
6
|
23,008
|
23,645
|
23,900
|
26,212
|
26,947
|
28,655
|
29,390
|
30,125
|
30,860
|
31,860
|
|
7
|
22,008
|
23,926
|
24,182
|
26,677
|
27,412
|
29,120
|
29,855
|
30,590
|
31,325
|
32,325
|
|
8
|
22,008
|
24,208
|
24,463
|
27,142
|
27,877
|
29,585
|
30,320
|
31,055
|
31,790
|
32,790
|
|
9
|
22,008
|
|
24,744
|
27,607
|
28,342
|
30,050
|
30,785
|
31,520
|
32,255
|
33,255
|
|
10
|
22,008
|
|
25,025
|
28,073
|
28,808
|
30,516
|
31,251
|
31,986
|
32,721
|
33,721
|
|
11
|
22,008
|
|
|
28,538
|
29,273
|
30,981
|
31,716
|
32,451
|
33,186
|
34,186
|
|
12
|
22,008
|
|
|
29,003
|
29,738
|
31,446
|
32,181
|
32,916
|
33,651
|
34,651
|
|
13
|
22,008
|
|
|
29,468
|
30,203
|
31,911
|
32,646
|
33,381
|
34,116
|
35,116
|
|
14
|
22,008
|
|
|
|
|
32,376
|
33,111
|
33,846
|
34,581
|
35,581
|
|
15
|
22,008
|
|
|
|
|
32,841
|
33,576
|
34,311
|
35,046
|
36,046
|
|
16
|
22,008
|
|
|
|
|
33,306
|
34,041
|
34,776
|
35,511
|
36,511
|
|
17
|
22,008
|
|
|
|
|
|
|
35,241
|
35,976
|
36,976
|
|
18
|
22,008
|
|
|
|
|
|
|
35,706
|
36,441
|
37,441
|
|
19
|
22,008
|
|
|
|
|
|
|
36,171
|
36,906
|
37,906
|
STATE MINIMUM SALARY SCHEDULE II
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years4
th3
rd2
ndA.B.M.A.M.A.M.A.Doctorate
Exp.ClassClassClassA.B.+15M.A.+15+30+45
|
0
|
21,888
|
22,525
|
22,780
|
23,990
|
24,725
|
26,433
|
27,168
|
27,903
|
28,638
|
29,638
|
|
1
|
22,205
|
22,842
|
23,097
|
24,491
|
25,226
|
26,934
|
27,669
|
28,404
|
29,139
|
30,139
|
|
2
|
22,522
|
23,160
|
23,415
|
24,992
|
25,727
|
27,435
|
28,170
|
28,905
|
29,640
|
30,640
|
|
3
|
22,840
|
23,477
|
23,732
|
25,493
|
26,228
|
27,936
|
28,671
|
29,406
|
30,141
|
31,141
|
|
4
|
23,393
|
24,030
|
24,286
|
26,230
|
26,965
|
28,673
|
29,408
|
30,143
|
30,878
|
31,878
|
|
5
|
23,710
|
24,348
|
24,603
|
26,731
|
27,466
|
29,174
|
29,909
|
30,644
|
31,379
|
32,379
|
|
6
|
24,028
|
24,665
|
24,920
|
27,232
|
27,967
|
29,675
|
30,410
|
31,145
|
31,880
|
32,880
|
|
7
|
|
24,982
|
25,238
|
27,733
|
28,468
|
30,176
|
30,911
|
31,646
|
32,381
|
33,381
|
|
8
|
22,008
|
25,300
|
25,555
|
28,234
|
28,969
|
30,677
|
31,412
|
32,147
|
32,882
|
33,882
|
|
9
|
|
|
25,872
|
28,735
|
29,470
|
31,178
|
31,913
|
32,648
|
33,383
|
34,383
|
|
10
|
22,008
|
|
26,189
|
29,237
|
29,972
|
31,680
|
32,415
|
33,150
|
33,885
|
34,885
|
|
11
|
22,008
|
|
|
29,738
|
30,473
|
32,181
|
32,916
|
33,651
|
34,386
|
35,386
|
|
12
|
22,008
|
|
|
30,239
|
30,974
|
32,682
|
33,417
|
34,152
|
34,887
|
35,887
|
|
13
|
22,008
|
|
|
30,740
|
31,475
|
33,183
|
33,918
|
34,653
|
35,388
|
36,388
|
|
14
|
22,008
|
|
|
|
|
33,684
|
34,419
|
35,154
|
35,889
|
36,889
|
|
15
|
22,008
|
|
|
|
|
34,185
|
34,920
|
35,655
|
36,390
|
37,390
|
|
16
|
22,008
|
|
|
|
|
34,686
|
35,421
|
36,156
|
36,891
|
37,891
|
|
17
|
22,008
|
|
|
|
|
|
|
36,657
|
37,392
|
38,392
|
|
18
|
22,008
|
|
|
|
|
|
|
37,158
|
37,893
|
38,893
|
|
19
|
22,008
|
|
|
|
|
|
|
37,659
|
38,394
|
39,394
|
(b) Six hundred dollars shall be paid annually to each classroom
teacher who has at least twenty years of teaching experience. The
payments: (i) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule; (ii) shall be paid in equal
monthly installments; and (iii) shall be considered a part of the
state minimum salaries for teachers.
(c) Effective the first day of July, two thousand one, in In
addition to any amounts prescribed in the applicable state minimum
salary schedule, each professional educator shall be paid annually the following incremental increases in accordance with their years of
experience. The payments shall be paid in equal monthly installments
and shall be considered a part of the state minimum salaries for
teachers.
Years of ExperienceIncrement
31534
32534
33534
34534
35534
(d) On and after the first day of July, two thousand two, in
addition to any amounts prescribed in the applicable state minimum
salary schedule, each professional educator shall be paid annually the
following incremental increases in accordance with their years of
experience. The payments shall be paid in equal monthly installments
and shall be considered a part of the state minimum salaries for
teachers.
Years of ExperienceIncrement
29570
30570
31
570
32
570
33
570
34
570
35
570
§18A-4-3. State minimum annual salary increments for principals and
assistant principals.
In addition to any salary increments for principals and assistant
principals, in effect on the first day of January, one thousand nine
hundred ninety-six two thousand two, and paid from local funds, and
in addition to the county schedule in effect for teachers, the county
board shall pay each principal, a principal's salary increment and
each assistant principal an assistant principal's salary increment as
prescribed by this section commencing on the first day of July, one
thousand nine hundred ninety-six from state funds appropriated for the
salary increments.
State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article nine-a,
chapter eighteen of this code.
The salary increment in this section for each principal shall be
determined by multiplying the basic salary for teachers in accordance
with the classification of certification and of training of the
principal as prescribed in this article, by the appropriate percentage
rate prescribed in this section according to the number of teachers
supervised.
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
No. of Teachers
SupervisedRates
1-76.0%
8-146.5%
15-247.0%
25-387.5%
39-578.0%
58 and up8.5%
Effective the first day of July, two thousand one, in addition
to any salary increments for principals and assistant principals, in
effect on the first day of January, two thousand one, and paid from
local funds, the following schedule shall be used for calculating the
salary increment for principals and assistant principals:
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE UNTIL JULY 1, 2002
No. of Teachers
Supervised
Rates
1-7
9.0%
8-14
9.5%
15-24
10.0%
25-38
10.5%
39-57
11.0%
58 and up
11.5%
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE ON AND AFTER JULY 1, 2002
No. of Teachers
SupervisedRates
1-710.0%
8-1410.5%
15-2411.0%
25-3811.5%
39-5712.0%
58 and up12.5%
The salary increment in this section for each assistant principal
shall be determined in the same manner as that for principals,
utilizing the number of teachers supervised by the principal under
whose direction the assistant principal works, except that the
percentage rate shall be fifty percent of the rate prescribed for the
principal.
Salaries for employment beyond the minimum employment term shall
be at the same daily rate as the salaries for the minimum employment
terms.
For the purpose of determining the number of teachers supervised
by a principal, the county board shall use data for the second school
month of the prior school term and the number of teachers shall be
interpreted to mean the total number of professional educators
assigned to each school on a full-time equivalency basis: Provided, That if there is a change in circumstances because of consolidation
or catastrophe, the county board shall determine what is a reasonable
number of supervised teachers in order to establish the appropriate
increment percentage rate.
No county may reduce local funds allocated for salary increments
for principals and assistant principals in effect on the first day of
January, one thousand nine hundred ninety-six two thousand two, and
used in supplementing the state minimum salaries as provided for in
this article, unless forced to do so by defeat of a special levy, or
a loss in assessed values or events over which it has no control and
for which the county board has received approval from the state board
prior to making the reduction.
Nothing in this section prevents a county board from providing,
in a uniform manner, salary increments greater than those required by
this section.
§18A-4-5. Salary equity among the counties; state salary supplement.
(a) For the purposes of this section, salary equity among the
counties means that the salary potential of school employees employed
by the various districts throughout the state does not differ by
greater than ten percent between those offering the highest salaries
and those offering the lowest salaries. In the case of professional
educators, the difference shall be calculated utilizing the average
of the professional educator salary schedules, degree classifications
B.A. through doctorate and the years of experience zero through twenty provided for in the most recent state minimum salary schedule for
teachers, in effect in the five counties offering the highest salary
schedules compared to the lowest salary schedule in effect among the
fifty-five counties. In the case of school service personnel, the
difference shall be calculated utilizing the average of the school
service personnel salary schedules, pay grades "A" through "H" and the
years of experience zero through thirty provided for in the most
recent state minimum pay scale pay grade for service personnel, in
effect in the five counties offering the highest salary schedules
compared to the lowest salary schedule in effect among the fifty-five
counties.
For the school year beginning the first day of July, one thousand
nine hundred ninety-four, and thereafter, in the counties that jointly
support a multicounty vocational school, salary equity funding shall
be distributed to nonfiscal agent counties based on: (1) Calculating
the amount of salary equity funding each nonfiscal agent county would
receive for the employees for which it is charged in the public school
support program, as provided in section four, article nine-a, chapter
eighteen of this code, if this salary equity funding were distributed
to nonfiscal agent counties; and (2) deducting the salary equity
funding to be received by the fiscal agent county in the public school
support program for those employees for which the nonfiscal agent
county is charged in the public school support program.
(b) To assist the state in meeting its objective of salary equity among the counties, as defined in subsection (a) of this section, on
and after the first day of July, one thousand nine hundred eighty-
four, subject to available state appropriations and the conditions set
forth herein, each teacher and school service personnel shall receive
a supplemental amount in addition to the amount from the state minimum
salary schedules provided for in this article.
State funds for this purpose shall be paid within the West Virginia
public school support plan in accordance with article nine-a, chapter
eighteen of this code. The amount allocated for salary equity shall
be apportioned between teachers and school service personnel in direct
proportion to that amount necessary to support the professional
salaries and service personnel salaries statewide under sections four
and five, article nine-a, chapter eighteen of this code: Provided,
That in making this division an adequate amount of state equity funds
shall be reserved to finance the appropriate foundation allowances and
staffing incentives provided for in article nine-a, chapter eighteen
of this code.
Pursuant to this section, each teacher and school service
personnel shall receive the amount that is the difference between
their authorized state minimum salary and ninety-five percent of the
maximum salary schedules prescribed in sections five-a and five-b of
this article, reduced by any amount provided by the county as a salary
supplement for teachers and school service personnel on the first day
of January of the fiscal year immediately preceding that in which the salary equity appropriation is distributed: Provided, That the amount
received pursuant to this section shall not be decreased as a result
of any county supplement increase instituted after the first day of
January, one thousand nine hundred eighty-four, until the objective
of salary equity is reached: Provided, however, That any amount
received pursuant to this section may be reduced proportionately based
upon the amount of funds appropriated for this purpose.
No county may reduce any salary supplement that was in effect on
the first day of January, one thousand nine hundred eighty-four,
except as permitted by sections five-a and five-b of this article.
§18A-4-7a. Employment, promotion and transfer of professional
personnel; seniority.
(a) A county board of education shall make decisions affecting
the hiring of professional personnel other than classroom teachers on
the basis of the applicant with the highest qualifications.
(b) The county board shall make decisions affecting the hiring
of new classroom teachers on the basis of the applicant with the
highest qualifications.
(c) In judging qualifications for hiring employees pursuant to
subsections (a) and (b) of this section, consideration shall be given
to each of the following:
(1) Appropriate certification and/or licensure;
(2) Amount of experience relevant to the position; or, in the
case of a classroom teaching position, the amount of teaching experience in the subject area;
(3) The amount of course work and/or degree level in the relevant
field and degree level generally;
(4) Academic achievement;
(5) Relevant specialized training;
(6) Past performance evaluations conducted pursuant to section
twelve, article two of this chapter; and
(7) Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional personnel
apply for a classroom teaching position and meet the standards set
forth in the job posting, the county board of education shall make
decisions affecting the filling of such positions on the basis of the
following criteria:
(1) Appropriate certification and/or licensure;
(2) Total amount of teaching experience;
(3) The existence of teaching experience in the required
certification area;
(4) Degree level in the required certification area;
(5) Specialized training directly related to the performance of
the job as stated in the job description;
(6) Receiving an overall rating of satisfactory in evaluations
over the previous two years; and
(7) Seniority.
(e) In filling positions pursuant to subsection (d) of this
section, consideration shall be given to each criterion with each
criterion being given equal weight. If the applicant with the most
seniority is not selected for the position, upon the request of the
applicant a written statement of reasons shall be given to the
applicant with suggestions for improving the applicant's
qualifications.
(f) The seniority of classroom teachers, as defined in section
one, article one of this chapter, with the exception of guidance
counselors, shall be determined on the basis of the length of time the
employee has been employed as a regular full-time certified and/or
licensed professional educator by the county board of education and
shall be granted in all areas that the employee is certified and/or
licensed.
(g) Upon completion of one hundred thirty-three days of
employment in any one school year, substitute teachers, except retired
teachers and other retired professional educators employed as
substitutes, shall accrue seniority exclusively for the purpose of
applying for employment as a permanent, full-time professional
employee. One hundred thirty-three days or more of said employment
shall be prorated and shall vest as a fraction of the school year
worked by the permanent, full-time teacher.
(h) Guidance counselors and all other professional employees, as
defined in section one, article one of this chapter, except classroom teachers, shall gain seniority in their nonteaching area of
professional employment on the basis of the length of time the
employee has been employed by the county board of education in that
area: Provided, That if an employee is certified as a classroom
teacher, the employee accrues classroom teaching seniority for the
time that that employee is employed in another professional area. For
the purposes of accruing seniority under this paragraph, employment
as principal, supervisor or central office administrator, as defined
in section one, article one of this chapter, shall be considered one
area of employment.
(i) Employment for a full employment term shall equal one year
of seniority, but no employee may accrue more than one year of
seniority during any given fiscal year. Employment for less than the
full employment term shall be prorated. A random selection system
established by the employees and approved by the board shall be used
to determine the priority if two or more employees accumulate
identical seniority: Provided, That when two or more principals have
accumulated identical seniority, decisions on reductions in force
shall be based on qualifications.
(j) Whenever a county board is required to reduce the number of
professional personnel in its employment, the employee with the least
amount of seniority shall be properly notified and released from
employment pursuant to the provisions of section two, article two of
this chapter. The provisions of this subsection are subject to the following:
(1) All persons employed in a certification area to be reduced
who are employed under a temporary permit shall be properly notified
and released before a fully certified employee in such a position is
subject to release;
(2) An employee subject to release shall be employed in any other
professional position where such employee is certified and was
previously employed or to any lateral area for which such employee is
certified and/or licensed, if such employee's seniority is greater
than the seniority of any other employee in that area of certification
and/or licensure;
(3) If an employee subject to release holds certification and/or
licensure in more than one lateral area and if such employee's
seniority is greater than the seniority of any other employee in one
or more of those areas of certification and/or licensure, the employee
subject to release shall be employed in the professional position held
by the employee with the least seniority in any of those areas of
certification and/or licensure; and
(4) If, prior to the first day of August of the year a reduction
in force is approved, the reason for any particular reduction in force
no longer exists as determined by the county board in its sole and
exclusive judgment, the board shall rescind the reduction in force or
transfer and shall notify the released employee in writing of his or
her right to be restored to his or her position of employment. Within five days of being so notified, the released employee shall notify the
board, in writing, of his or her intent to resume his or her position
of employment or the right to be restored shall terminate.
Notwithstanding any other provision of this subdivision, if there is
another employee on the preferred recall list with proper
certification and higher seniority, that person shall be placed in the
position restored as a result of the reduction in force being
rescinded.
(k) For the purpose of this article, all positions which meet the
definition of classroom teacher as defined in section one, article one
of this chapter shall be lateral positions. For all other
professional positions the county board of education shall adopt a
policy by the thirty-first day of October, one thousand nine hundred
ninety-three, and may modify said policy thereafter as necessary,
which defines which positions shall be lateral positions. The board
shall submit a copy of its policy to the state board within thirty
days of adoption or any modification, and the state board shall
compile a report and submit same to the legislative oversight
commission on education accountability by the thirty-first day of
December, one thousand nine hundred ninety-three, and by such date in
any succeeding year in which any county board submits a modification
of its policy relating to lateral positions. In adopting such a
policy, the board shall give consideration to the rank of each
position in terms of title, nature of responsibilities, salary level, certification and/or licensure and days in the period of employment.
(l) After the fifth day prior to the beginning of the
instructional term, no person employed and assigned to a professional
position may transfer to another professional position in the county
during that instructional term unless the person holding that position
does not have valid certification. The provisions of this subsection
are subject to the following:
(1) The person may apply for any posted, vacant positions with
the successful applicant assuming the position at the beginning of the
next instructional term;
(2) Professional personnel who have been on an approved leave of
absence may fill these vacancies upon their return from the approved
leave of absence; and
(3) The county board, upon recommendation of the superintendent
may fill a position before the next instructional term when it is
determined to be in the best interest of the students: Provided, That
the county superintendent shall notify the state board of each
transfer of a person employed in a professional position to another
professional position after the fifth day prior to the beginning of
the instructional term. The Legislature finds that it is not in the
best interest of the students particularly in the elementary grades
to have multiple teachers for any one grade level or course during the
instructional term. It is the intent of the Legislature that the
filling of positions through transfers of personnel from one professional position to another after the fifth day prior to the
beginning of the instructional term should be kept to a minimum.
(m) All professional personnel whose seniority with the county
board is insufficient to allow their retention by the county board
during a reduction in work force shall be placed upon a preferred
recall list. As to any professional position opening within the area
where they had previously been employed or to any lateral area for
which they have certification and/or licensure, the employee shall be
recalled on the basis of seniority if no regular, full-time
professional personnel, or those returning from leaves of absence with
greater seniority, are qualified, apply for and accept such position.
(n) Before position openings that are known or expected to extend
for twenty consecutive employment days or longer for professional
personnel may be filled by the board, the board shall be required to
notify all qualified professional personnel on the preferred list and
give them an opportunity to apply, but failure to apply shall not
cause the employee to forfeit any right to recall. The notice shall
be sent by certified mail to the last known address of the employee,
and it shall be the duty of each professional personnel to notify the
board of continued availability annually, of any change in address or
of any change in certification and/or licensure.
(o) Openings in established, existing or newly created positions
shall be processed as follows:
(1) Boards shall be required to post and date notices which shall be subject to the following:
(A) The notices shall be posted in conspicuous working places for
all professional personnel to observe for at least five working days;
(B) The notice shall be posted within twenty working days of the
position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and
directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of qualified
applicants may apply; and
(E) Job postings may not require criteria which are not necessary
for the successful performance of the job and may not be written with
the intent to favor a specific applicant;
(2) No vacancy shall be filled until after the five-day minimum
posting period;
(3) If one or more applicants meets the qualifications listed in
the job posting, the successful applicant to fill the vacancy shall
be selected by the board within thirty working days of the end of the
posting period;
(4) A position held by a certified and/or licensed teacher who
has been issued a permit for full-time employment and is working
toward certification in the permit area shall not be subject to
posting if the certificate is awarded within five years; and
(5) Nothing provided herein shall prevent the county board of
education from eliminating a position due to lack of need.
(p) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in
an elementary school does not increase from one school year to the
next, but there exists in that school a need to realign the number of
teachers in one or more grade levels, kindergarten through six,
teachers at the school may be reassigned to grade levels for which
they are certified without that position being posted: Provided, That
the employee and the county board of education mutually agree to the
reassignment.
(q) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in an
elementary school needs to be reduced, the reduction shall be made on
the basis of seniority with the least senior classroom teacher being
recommended for transfer; and
(2) When a specified grade level needs to be reduced and the
least senior employee in the school is not in that grade level, the
least senior classroom teacher in the grade level that needs to be
reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school without
that position being posted: Provided, That the employee is certified
and/or licensed and agrees to the reassignment.
(r) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and shall be liable to
any party prevailing against the board for court costs and reasonable
attorney fees as determined and established by the court. Further,
employees denied promotion or employment in violation of this section
shall be awarded the job, pay and any applicable benefits retroactive
to the date of the violation and payable entirely from local funds.
Further, the board shall be liable to any party prevailing against the
board for any court reporter costs including copies of transcripts.
(s) The county board shall compile, update annually on the first
day of July and make available by electronic or other means to all
employees a list of all professional personnel employed by the county,
their areas of certification and their seniority.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
(a) The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term for
service personnel may be no less than ten months. A month is defined
as twenty employment days: Provided, That the county board may
contract with all or part of these service personnel for a longer
term. The beginning and closing dates of the ten-month employment
term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month basis
may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any
county supplement are applicable.
(c) Service personnel employed in the same classification for
more than the two hundred day minimum employment term shall be paid
for additional employment at a daily rate of not less than the daily
rate paid for the two hundred day minimum employment term.
(d) No service employee, without his or her agreement, may be
required to report for work more than five days per week and no part
of any working day may be accumulated by the employer for future work
assignments, unless the employee agrees thereto.
(e) If an employee whose regular work week is scheduled from
Monday through Friday agrees to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least one-half
day of work for each day he or she reports for work, and if the
employee works more than three and one-half hours on any Saturday or
Sunday, he or she shall be paid for at least a full day of work for
each day.
(f) Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is interrupted,
that is, who do not work a continuous period in one day, shall be paid
additional compensation equal to at least one eighth of their total
salary as provided by their state minimum salary and any county pay
supplement, and payable entirely from county funds: Provided, That
when engaged in duties of transporting students exclusively, aides shall not be regarded as working an interrupted schedule. Maintenance
personnel are defined as personnel who hold a classification title
other than in a custodial, aide, school lunch, office or
transportation category as provided in section one, article one of
this chapter.
(g) Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee, the
employee's salary shall be made to comply with the requirements of
this article, and to any county salary schedule in excess of the
minimum requirements of this article, based upon the employee's
advanced classification and allowable years of employment.
(h) An employee's contract as provided in section five, article
two of this chapter shall state the appropriate monthly salary the
employee is to be paid, based on the class title as provided in this
article and any county salary schedule in excess of the minimum
requirements of this article.
(i) The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined as
follows:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "Years of employment" means the number of years which an
employee classified as service personnel has been employed by a board
in any position prior to or subsequent to the effective date of this section and including service in the armed forces of the United
States, if the employee were employed at the time of his or her
induction. For the purpose of section eight-a of this article, years
of employment shall be limited to the number of years shown and
allowed under the state minimum pay scale as set forth in section
eight-a of this article;
(3) "Class title" means the name of the position or job held by
service personnel;
(4) "Accountant I" means personnel employed to maintain payroll
records and reports and perform one or more operations relating to a
phase of the total payroll;
(5) "Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting process
associated with billing, budgets, purchasing and related operations;
(6) "Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable and/or
payroll procedures;
(7) "Accounts payable supervisor" means personnel who are
employed in the county board office who have primary responsibility
for the accounts payable function, which may include the supervision
of other personnel, and who have either completed twelve college hours
of accounting courses from an accredited institution of higher
education or have at least eight years of experience performing
progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide;
(9) "Aide II" means those personnel referred to in the "Aide I"
classification who have completed a training program approved by the
state board, or who hold a high school diploma or have received a
general educational development certificate. Only personnel
classified in an Aide II class title may be employed as an aide in any
special education program;
(10) "Aide III" means those personnel referred to in the "Aide
I" classification who hold a high school diploma or a general
educational development certificate and have completed six semester
hours of college credit at an institution of higher education or are
employed as an aide in a special education program and have one year's
experience as an aide in special education;
(11) "Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general educational
development certificate and who have completed eighteen hours of state
board-approved college credit at a regionally accredited institution
of higher education, or who have completed fifteen hours of state
board-approved college credit at a regionally accredited institution
of higher education and successfully completed an in-service training
program determined by the state board to be the equivalent of three
hours of college credit;
(12) "Audiovisual technician" means personnel employed to perform
minor maintenance on audiovisual equipment, films, supplies and the
filling of requests for equipment;
(13) "Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts;
(14) "Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined by the
state board: Provided, That if any employee has held or holds an aide
title and becomes employed as an autism mentor, the employee shall
hold a multiclassification status that includes aide and autism mentor
titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
students: Provided, That if any employee has held or holds an aide
title and becomes employed as a braille or sign language specialist,
the employee shall hold a multiclassification status that includes
aide and braille or sign language specialist title, in accordance with
section eight-b of this article;
(16) "Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board;
(17) "Buyer" means personnel employed to review and write specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs;
(18) "Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including assigning
duties to employees, approving requisitions for supplies and repairs,
keeping inventories, inspecting areas to maintain high standards of
sanitation, preparing financial reports and keeping records pertinent
to food services of a school;
(20) "Carpenter I" means personnel classified as a carpenter's
helper;
(21) "Carpenter II" means personnel classified as a journeyman
carpenter;
(22) "Chief mechanic" means personnel employed to be responsible
for directing activities which ensure that student transportation or
other board-owned vehicles are properly and safely maintained;
(23) "Clerk I" means personnel employed to perform clerical
tasks;
(24) "Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines;
(25) "Computer operator" means qualified personnel employed to operate computers;
(26) "Cook I" means personnel employed as a cook's helper;
(27) "Cook II" means personnel employed to interpret menus, to
prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for a
period of four years, if the personnel have not been elevated to this
classification within that period of time;
(28) "Cook III" means personnel employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school system;
(29) "Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned projects;
(30) "Custodian I" means personnel employed to keep buildings
clean and free of refuse;
(31) "Custodian II" means personnel employed as a watchman or
groundsman;
(32) "Custodian III" means personnel employed to keep buildings
clean and free of refuse, to operate the heating or cooling systems
and to make minor repairs;
(33) "Custodian IV" means personnel employed as head custodians.
In addition to providing services as defined in "custodian III," their
duties may include supervising other custodian personnel;
(34) "Director or coordinator of services" means personnel who
are assigned to direct a department or division. Nothing in this subdivision may prohibit professional personnel or professional
educators as defined in section one, article one of this chapter, from
holding this class title, but professional personnel may not be
defined or classified as service personnel unless the professional
personnel held a service personnel title under this section prior to
holding class title of "director or coordinator of services."
Directors or coordinators of service positions shall be classified as
either a professional personnel or service personnel position for
state aid formula funding purposes and funding for directors or
coordinators of service positions shall be based upon the employment
status of the director or coordinator either as a professional
personnel or service personnel;
(35) "Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings;
(36) "Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license issued
by the state fire marshal;
(37) "Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued by the
state fire marshal;
(38) "Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is assigned
to a position characterized by significant administrative duties;
(41) "Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in section
one, article one of this chapter, employed to manage and supervise a
county school system's food service program. The duties would include
preparing in-service training programs for cooks and food service
employees, instructing personnel in the areas of quantity cooking with
economy and efficiency and keeping aggregate records and reports;
(42) "Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of school
property and equipment;
(43) "General maintenance" means personnel employed as helpers
to skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system;
(44) "Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks;
(45) "Graphic artist" means personnel employed to prepare graphic
illustrations;
(46) "Groundsmen" means personnel employed to perform duties that
relate to the appearance, repair and general care of school grounds
in a county school system. Additional assignments may include the
operation of a small heating plant and routine cleaning duties in buildings;
(47) "Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical equipment;
(49) "Heating and air conditioning mechanic II" means personnel
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical equipment;
(50) "Heavy equipment operator" means personnel employed to
operate heavy equipment;
(51) "Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies;
(52) "Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines;
(53) "Locksmith" means personnel employed to repair and maintain
locks and safes;
(54) "Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
system;
(55) "Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer, shaper,
threading machine and wheel press. These personnel should also have, the ability to work from blueprints and drawings;
(56) "Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other mail;
(57) "Maintenance clerk" means personnel employed to maintain and
control a stocking facility to keep adequate tools and supplies on
hand for daily withdrawal for all school maintenance crafts;
(58) "Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
laying;
(59) "Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of automobiles,
school buses and other mechanical and mobile equipment to use in a
county school system;
(60) "Mechanic assistant" means personnel employed as a mechanic
apprentice and helper;
(61) "Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in this
section. In these instances the minimum salary scale shall be the
higher pay grade of the class titles involved;
(62) "Office equipment repairman I" means personnel employed as
an office equipment repairman apprentice or helper;
(63) "Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment.
Personnel are responsible for parts being purchased necessary for the proper operation of a program of continuous maintenance and repair;
(64) "Painter" means personnel employed to perform duties of
painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(65) "Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in a
support capacity including, but not limited to, facilitating in the
instruction and direct or indirect supervision of pupils under the
direction of a principal, a teacher or another designated professional
educator: Provided, That no person employed on the effective date of
this section in the position of an aide may be reduced in force or
transferred to create a vacancy for the employment of a
paraprofessional: Provided, however, That if any employee has held
or holds an aide title and becomes employed as a paraprofessional, the
employee shall hold a multiclassification status that includes aide
and paraprofessional titles in accordance with section eight-b of this
article: Provided further, That once an employee who holds an aide
title becomes certified as a paraprofessional and is required to
perform duties that may not be performed by an aide without
paraprofessional certification, he or she shall receive the
paraprofessional title pay grade;
(66) "Payroll supervisor" means personnel who are employed in the
county board office who have primary responsibility for the payroll function, which may include the supervision of other personnel, and
who have either completed twelve college hours of accounting from an
accredited institution of higher education or have at least eight
years of experience performing progressively difficult accounting
tasks;
(67) "Plumber I" means personnel employed as an apprentice
plumber and helper;
(68) "Plumber II" means personnel employed as a journeyman
plumber;
(69) "Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple, bind
and shelve materials;
(70) "Printing supervisor" means personnel employed to supervise
the operation of a print shop;
(71) "Programmer" means personnel employed to design and prepare
programs for computer operation;
(72) "Roofing/sheet metal mechanic" means personnel employed to
install, repair, fabricate and maintain roofs, gutters, flashing and
duct work for heating and ventilation;
(73) "Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure the
safety of the plant's effluent for human consumption or environmental
protection;
(74) "School bus supervisor" means qualified personnel employed to assist in selecting school bus operators and routing and scheduling
of school buses, operate a bus when needed, relay instructions to bus
operators, plan emergency routing of buses and promoting good
relationships with parents, pupils, bus operators and other employees;
(75) "Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines;
(76) "Secretary II" means personnel employed in any elementary,
secondary, kindergarten, nursery, special education, vocational or any
other school as a secretary. The duties may include performing
general clerical tasks, transcribing from notes or stenotype or
mechanical equipment or a sound-producing machine, preparing reports,
receiving callers and referring them to proper persons, operating
office machines, keeping records and handling routine correspondence.
There is nothing implied in this subdivision that would prevent the
employees from holding or being elevated to a higher classification;
(77) "Secretary III" means personnel assigned to the county board
office administrators in charge of various instructional, maintenance,
transportation, food services, operations and health departments,
federal programs or departments with particular responsibilities of
purchasing and financial control or any personnel who have served in
a position which meets the definition of "secretary II" or "secretary
III" in this section for eight years;
(78) "Supervisor of maintenance" means skilled personnel not defined as professional personnel or professional educators as in
section one, article one of this chapter. The responsibilities would
include directing the upkeep of buildings and shops, issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical equipment
of a board;
(79) "Supervisor of transportation" means qualified personnel
employed to direct school transportation activities, properly and
safely, and to supervise the maintenance and repair of vehicles, buses
and other mechanical and mobile equipment used by the county school
system;
(80) "Switchboard operator-receptionist" means personnel employed
to refer incoming calls, to assume contact with the public, to direct
and to give instructions as necessary, to operate switchboard
equipment and to provide clerical assistance;
(81) "Truck driver" means personnel employed to operate light or
heavy duty gasoline and diesel-powered vehicles;
(82) "Warehouse clerk" means personnel employed to be responsible
for receiving, storing, packing and shipping goods;
(83) "Watchman" means personnel employed to protect school
property against damage or theft. Additional assignments may include
operation of a small heating plant and routine cleaning duties; and
(84) "Welder" means personnel employed to provide acetylene or
electric welding services for a school system; and
(85) "WVEIS data entry and administrative clerk" means personnel
employed to work under the direction of a school principal to assist
the school counselor or counselors in the performance of
administrative duties, to perform data entry tasks on the West
Virginia education information system, and to perform other
administrative duties assigned by the principal.
(j) In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service employee
is, notwithstanding any provisions in this code to the contrary,
entitled to all service personnel employee rights, privileges and
benefits provided under this or any other chapter of this code without
regard to the employee's hours of employment or the methods or sources
of compensation.
(k) Service personnel whose years of employment exceed the number
of years shown and provided for under the state minimum pay scale set
forth in section eight-a of this article may not be paid less than the
amount shown for the maximum years of employment shown and provided
for in the classification in which he or she is employed.
(l) The county boards shall review each service personnel
employee job classification annually and shall reclassify all service
employees as required by the job classifications. The state
superintendent of schools may withhold state funds appropriated
pursuant to this article for salaries for service personnel who are
improperly classified by the county boards. Further, the state superintendent shall order county boards to correct immediately any
improper classification matter and with the assistance of the attorney
general shall take any legal action necessary against any county board
to enforce the order.
(m) No service employee, without his or her written consent, may
be reclassified by class title, nor may a service employee, without
his or her written consent, be relegated to any condition of
employment which would result in a reduction of his or her salary,
rate of pay, compensation or benefits earned during the current fiscal
year or which would result in a reduction of his or her salary, rate
of pay, compensation or benefits for which he or she would qualify by
continuing in the same job position and classification held during
that fiscal year and subsequent years.
(n) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and is liable to any
party prevailing against the board for court costs and the prevailing
party's reasonable attorney fee, as determined and established by the
court.
(o) Notwithstanding any provisions in this code to the contrary,
service personnel who hold a continuing contract in a specific job
classification and who are physically unable to perform the job's
duties as confirmed by a physician chosen by the employee shall be
given priority status over any employee not holding a continuing
contract in filling other service personnel job vacancies if qualified as provided in section eight-e of this article.
§18A-4-8a. Service personnel minimum monthly salaries.
(1) Until the first day of July, two thousand two, the minimum
monthly pay for each service employee whose employment is for a period
of more than three and one-half hours a day shall be at least the
amounts indicated in the "state minimum pay scale pay grade I" and the
minimum monthly pay for each service employee whose employment is for
a period of three and one-half hours or less a day shall be at least
one-half the amount indicated in the "state minimum pay scale pay
grade I" set forth in this section. Provided, That beginning the
first day of the second quarter of the employment term in the school
year two thousand one--two thousand two Beginning the first day of
July, two thousand two, the minimum monthly pay for each service
emloyee whose employment is for a period of more than three and
one-half hours a day shall be at least the amounts indicated in the
"state minimum pay scale pay grade II" and the minimum monthly pay for
each service employee whose employment is for a period of three and
one-half hours or less a day shall be at least one-half the amount
indicated in the "state minimum pay scale pay grade II" set forth in
this section.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
Employment
Pay Grade
A B C D E F G H
01,2201,2401,2801,3301,3801,4401,4701,540
11,2491,2691,3091,3591,4091,4691,4991,569
21,2781,2981,3381,3881,4381,4981,5281,598
31,3071,3271,3671,4171,4671,5271,5571,627
41,3361,3561,3961,4461,4961,5561,5861,656
51,3651,3851,4251,4751,5251,5851,6151,685
61,3941,4141,4541,5041,5541,6141,6441,714
71,4231,4431,4831,5331,5831,6431,6731,743
81,4521,4721,5121,5621,6121,6721,7021,772
91,4811,5011,5411,5911,6411,7011,7311,801
101,5101,5301,5701,6201,6701,7301,7601,830
111,5391,5591,5991,6491,6991,7591,7891,859
121,5681,5881,6281,6781,7281,7881,8181,888
131,5971,6171,6571,7071,7571,8171,8471,917
141,6261,6461,6861,7361,7861,8461,8761,946
151,6551,6751,7151,7651,8151,8751,9051,975
161,6841,7041,7441,7941,8441,9041,9342,004
171,7131,7331,7731,8231,8731,9331,9632,033
181,7421,7621,8021,8521,9021,9621,9922,062
191,7711,7911,8311,8811,9311,9912,0212,091
201,8001,8201,8601,9101,9602,0202,0502,120
211,8291,8491,8891,9391,9892,0492,0792,149
221,8581,8781,9181,9682,0182,0782,1082,178
231,8871,9071,9471,9972,0472,1072,1372,207
241,9161,9361,9762,0262,0762,1362,1662,236
251,9451,9652,0052,0552,1052,1652,1952,265
261,9741,9942,0342,0842,1342,1942,2242,294
272,0032,0232,0632,1132,1632,2232,2532,323
282,0322,0522,0922,1422,1922,2522,2822,352
292,0612,0812,1212,1712,2212,2812,3112,381
302,0902,1102,1502,2002,2502,3102,3402,410
312,1192,1392,1792,2292,2792,3392,3692,439
322,1482,1682,2082,2582,3082,3682,3982,468
332,1772,1972,2372,2872,3372,3972,4272,497
342,2062,2262,2662,3162,3662,4262,4562,526
352,2352,2552,2952,3452,3952,4552,4852,555
362,2642,2842,3242,3742,4242,4842,5142,584
372,2932,3132,3532,4032,4532,5132,5432,613
382,3222,3422,3822,4322,4822,5422,5722,642
392,3512,3712,4112,4612,5112,5712,6012,671
402,3802,4002,4402,4902,5402,6002,6302,700
STATE MINIMUM PAY SCALE PAY GRADE II I
Years of
Employment
Pay Grade
|
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
|
|
|
|
|
|
|
|
|
|
0
|
1,295
|
1,315
|
1,355
|
1,405
|
1,455
|
1,515
|
1,545
|
1,615
|
|
1
|
1,325
|
1,345
|
1,385
|
1,435
|
1,485
|
1,545
|
1,575
|
1,645
|
|
2
|
1,355
|
1,375
|
1,415
|
1,465
|
1,515
|
1,575
|
1,605
|
1,675
|
|
3
|
1,385
|
1,405
|
1,445
|
1,495
|
1,545
|
1,605
|
1,635
|
1,705
|
|
4
|
1,415
|
1,435
|
1,475
|
1,525
|
1,575
|
1,635
|
1,665
|
1,735
|
|
5
|
1,445
|
1,465
|
1,505
|
1,555
|
1,605
|
1,665
|
1,695
|
1,765
|
|
6
|
1,475
|
1,495
|
1,535
|
1,585
|
1,635
|
1,695
|
1,725
|
1,795
|
|
7
|
1,505
|
1,525
|
1,565
|
1,615
|
1,665
|
1,725
|
1,755
|
1,825
|
|
8
|
1,535
|
1,555
|
1,595
|
1,645
|
1,695
|
1,755
|
1,785
|
1,855
|
|
9
|
1,565
|
1,585
|
1,625
|
1,675
|
1,725
|
1,785
|
1,815
|
1,885
|
|
10
|
1,595
|
1,615
|
1,655
|
1,705
|
1,755
|
1,815
|
1,845
|
1,915
|
|
11
|
1,625
|
1,645
|
1,685
|
1,735
|
1,785
|
1,845
|
1,875
|
1,945
|
|
12
|
1,655
|
1,675
|
1,715
|
1,765
|
1,815
|
1,875
|
1,905
|
1,975
|
|
13
|
1,685
|
1,705
|
1,745
|
1,795
|
1,845
|
1,905
|
1,935
|
2,005
|
|
14
|
1,715
|
1,735
|
1,775
|
1,825
|
1,875
|
1,935
|
1,965
|
2,035
|
|
15
|
1,745
|
1,765
|
1,805
|
1,855
|
1,905
|
1,965
|
1,995
|
2,065
|
|
16
|
1,775
|
1,795
|
1,835
|
1,885
|
1,935
|
1,995
|
2,025
|
2,095
|
|
17
|
1,805
|
1,825
|
1,865
|
1,915
|
1,965
|
2,025
|
2,055
|
2,125
|
|
18
|
1,835
|
1,855
|
1,895
|
1,945
|
1,995
|
2,055
|
2,085
|
2,155
|
|
19
|
1,865
|
1,885
|
1,925
|
1,975
|
2,025
|
2,085
|
2,115
|
2,185
|
|
20
|
1,895
|
1,915
|
1,955
|
2,005
|
2,055
|
2,115
|
2,145
|
2,215
|
|
21
|
1,925
|
1,945
|
1,985
|
2,035
|
2,085
|
2,145
|
2,175
|
2,245
|
|
22
|
1,955
|
1,975
|
2,015
|
2,065
|
2,115
|
2,175
|
2,205
|
2,275
|
|
23
|
1,985
|
2,005
|
2,045
|
2,095
|
2,145
|
2,205
|
2,235
|
2,305
|
|
24
|
2,015
|
2,035
|
2,075
|
2,125
|
2,175
|
2,235
|
2,265
|
2,335
|
|
25
|
2,045
|
2,065
|
2,105
|
2,155
|
2,205
|
2,265
|
2,295
|
2,365
|
|
26
|
2,075
|
2,095
|
2,135
|
2,185
|
2,235
|
2,295
|
2,325
|
2,395
|
|
27
|
2,105
|
2,125
|
2,165
|
2,215
|
2,265
|
2,325
|
2,355
|
2,425
|
|
28
|
2,135
|
2,155
|
2,195
|
2,245
|
2,295
|
2,355
|
2,385
|
2,455
|
|
29
|
2,165
|
2,185
|
2,225
|
2,275
|
2,325
|
2,385
|
2,415
|
2,485
|
|
30
|
2,195
|
2,215
|
2,255
|
2,305
|
2,355
|
2,415
|
2,445
|
2,515
|
|
31
|
2,225
|
2,245
|
2,285
|
2,335
|
2,385
|
2,445
|
2,475
|
2,545
|
|
32
|
2,255
|
2,275
|
2,315
|
2,365
|
2,415
|
2,475
|
2,505
|
2,575
|
|
33
|
2,285
|
2,305
|
2,345
|
2,395
|
2,445
|
2,505
|
2,535
|
2,605
|
|
34
|
2,315
|
2,335
|
2,375
|
2,425
|
2,475
|
2,535
|
2,565
|
2,635
|
|
35
|
2,345
|
2,365
|
2,405
|
2,455
|
2,505
|
2,565
|
2,595
|
2,665
|
|
36
|
2,375
|
2,395
|
2,435
|
2,485
|
2,535
|
2,595
|
2,625
|
2,695
|
|
37
|
2,405
|
2,425
|
2,465
|
2,515
|
2,565
|
2,625
|
2,655
|
2,725
|
|
38
|
2,435
|
2,455
|
2,495
|
2,545
|
2,595
|
2,655
|
2,685
|
2,755
|
|
39
|
2,465
|
2,485
|
2,525
|
2,575
|
2,625
|
2,685
|
2,715
|
2,785
|
|
40
|
2,495
|
2,515
|
2,555
|
2,605
|
2,655
|
2,715
|
2,745
|
2,815
|
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A B C D E FGH
|
0
|
1,366
|
1,386
|
1,426
|
1,476
|
1,526
|
1,586
|
1,616
|
1,686
|
|
1
|
1,397
|
1,417
|
1,457
|
1,507
|
1,557
|
1,617
|
1,647
|
1,717
|
|
2
|
1,428
|
1,448
|
1,488
|
1,538
|
1,588
|
1,648
|
1,678
|
1,748
|
|
3
|
1,459
|
1,479
|
1,519
|
1,569
|
1,619
|
1,679
|
1,709
|
1,779
|
|
4
|
1,490
|
1,510
|
1,550
|
1,600
|
1,650
|
1,710
|
1,740
|
1,810
|
|
5
|
1,521
|
1,541
|
1,581
|
1,631
|
1,681
|
1,741
|
1,771
|
1,841
|
|
6
|
1,552
|
1,572
|
1,612
|
1,662
|
1,712
|
1,772
|
1,802
|
1,872
|
|
7
|
1,583
|
1,603
|
1,643
|
1,693
|
1,743
|
1,803
|
1,833
|
1,903
|
|
8
|
1,614
|
1,634
|
1,674
|
1,724
|
1,774
|
1,834
|
1,864
|
1,934
|
|
9
|
1,645
|
1,665
|
1,705
|
1,755
|
1,805
|
1,865
|
1,895
|
1,965
|
|
10
|
1,676
|
1,696
|
1,736
|
1,786
|
1,836
|
1,896
|
1,926
|
1,996
|
|
11
|
1,707
|
1,727
|
1,767
|
1,817
|
1,867
|
1,927
|
1,957
|
2,027
|
|
12
|
1,738
|
1,758
|
1,798
|
1,848
|
1,898
|
1,958
|
1,988
|
2,058
|
|
13
|
1,769
|
1,789
|
1,829
|
1,879
|
1,929
|
1,989
|
2,019
|
2,089
|
|
14
|
1,800
|
1,820
|
1,860
|
1,910
|
1,960
|
2,020
|
2,050
|
2,120
|
|
15
|
1,831
|
1,851
|
1,891
|
1,941
|
1,991
|
2,051
|
2,081
|
2,151
|
|
16
|
1,862
|
1,882
|
1,922
|
1,972
|
2,022
|
2,082
|
2,112
|
2,182
|
|
17
|
1,893
|
1,913
|
1,953
|
2,003
|
2,053
|
2,113
|
2,143
|
2,213
|
|
18
|
1,924
|
1,944
|
1,984
|
2,034
|
2,084
|
2,144
|
2,174
|
2,244
|
|
19
|
1,955
|
1,975
|
2,015
|
2,065
|
2,115
|
2,175
|
2,205
|
2,275
|
|
20
|
1,986
|
2,006
|
2,046
|
2,096
|
2,146
|
2,206
|
2,236
|
2,306
|
|
21
|
2,017
|
2,037
|
2,077
|
2,127
|
2,177
|
2,237
|
2,267
|
2,337
|
|
22
|
2,048
|
2,068
|
2,108
|
2,158
|
2,208
|
2,268
|
2,298
|
2,368
|
|
23
|
2,079
|
2,099
|
2,139
|
2,189
|
2,239
|
2,299
|
2,329
|
2,399
|
|
24
|
2,110
|
2,130
|
2,170
|
2,220
|
2,270
|
2,330
|
2,360
|
2,430
|
|
25
|
2,141
|
2,161
|
2,201
|
2,251
|
2,301
|
2,361
|
2,391
|
2,461
|
|
26
|
2,172
|
2,192
|
2,232
|
2,282
|
2,332
|
2,392
|
2,422
|
2,492
|
|
27
|
2,203
|
2,223
|
2,263
|
2,313
|
2,363
|
2,423
|
2,453
|
2,523
|
|
28
|
2,234
|
2,254
|
2,294
|
2,344
|
2,394
|
2,454
|
2,484
|
2,554
|
|
29
|
2,265
|
2,285
|
2,325
|
2,375
|
2,425
|
2,485
|
2,515
|
2,585
|
|
30
|
2,296
|
2,316
|
2,356
|
2,406
|
2,456
|
2,516
|
2,546
|
2,616
|
|
31
|
2,327
|
2,347
|
2,387
|
2,437
|
2,487
|
2,547
|
2,577
|
2,647
|
|
32
|
2,358
|
2,378
|
2,418
|
2,468
|
2,518
|
2,578
|
2,608
|
2,678
|
|
33
|
2,389
|
2,409
|
2,449
|
2,499
|
2,549
|
2,609
|
2,639
|
2,709
|
|
34
|
2,420
|
2,440
|
2,480
|
2,530
|
2,580
|
2,640
|
2,670
|
2,740
|
|
35
|
2,451
|
2,471
|
2,511
|
2,561
|
2,611
|
2,671
|
2,701
|
2,771
|
|
36
|
2,482
|
2,502
|
2,542
|
2,592
|
2,642
|
2,702
|
2,732
|
2,802
|
|
37
|
2,513
|
2,533
|
2,573
|
2,623
|
2,673
|
2,733
|
2,763
|
2,833
|
|
38
|
2,544
|
2,564
|
2,604
|
2,654
|
2,704
|
2,764
|
2,794
|
2,864
|
|
39
|
2,575
|
2,595
|
2,635
|
2,685
|
2,735
|
2,795
|
2,825
|
2,895
|
|
40
|
2,606
|
2,626
|
2,666
|
2,716
|
2,766
|
2,826
|
2,856
|
2,926
|
CLASS TITLEPAY GRADE
Accountant ID
Accountant IIE
Accountant IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Payroll SupervisorG
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
WVEIS Data Entry and Administrative ClerkB
(2) An additional ten dollars per month shall be added to the
minimum monthly pay of each service employee who holds a high school
diploma or its equivalent: Provided, That effective the first day of
July, two thousand one, an additional twelve dollars per month shall
be added to the minimum monthly pay of each service employee who holds
a high school diploma or its equivalent.
(3) Until the first day of July, two thousand two, an additional
ten dollars per month also shall be added to the minimum monthly pay
of each service employee for each of the following, and beginning the
first day of July, two thousand two, the ten dollars per month shall
be increased to an additional eleven dollars per month for each of
subdivisions (A) through (J) of this subsection only, and beginning
the first day of July, two thousand two, the ten dollars per month
shall be increased to an additional forty dollars per month for each
of subdivisions (K) through (N) of this subsection
only:
(A) A service employee who holds twelve college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(B) A service employee who holds twenty-four college hours or
comparable credit obtained in a trade or vocational school as approved by the state board;
(C) A service employee who holds thirty-six college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(D) A service employee who holds forty-eight college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(E) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(F) A service employee who holds seventy-two college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(G) Effective the first day of July, two thousand one, A service
employee who holds eighty-four college hours or comparable credit
obtained in a trade or vocational school as approved by the state
board;
(H) Effective the first day of July, two thousand one, A service
employee who holds ninety-six college hours or comparable credit
obtained in a trade or vocational school as approved by the state
board;
(I) Effective the first day of July, two thousand one, A service
employee who holds one hundred eight college hours or comparable
credit obtained in a trade or vocational school as approved by the state board;
(J) Effective the first day of July, two thousand one, A service
employee who holds one hundred twenty college hours or comparable
credit obtained in a trade or vocational school as approved by the
state board;
(K) A service employee who holds an associate's degree;
(K) (L) Effective the first day of July, two thousand one, A
service employee who holds a bachelor's degree; and
(L) (M) Effective the first day of July, two thousand one, A
service employee who holds a master's degree;
(N) A service employee who holds a doctorate degree.
(4) Effective the first day of July, two thousand two, an
additional eleven dollars per month shall be added to the minimum
monthly pay of each service employee for each of the following:
(A) A service employee who holds a bachelor's degree plus fifteen
college hours;
(B) A service employee who holds a master's degree plus fifteen
college hours;
(C) A service employee who holds a master's degree plus thirty
college hours;
(D) A service employee who holds a master's degree plus forty-
five college hours; and
(E) A service employee who holds a master's degree plus sixty
college hours.
(4) (5) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p.m. and five
o'clock a.m. the following day, the employee shall be paid no less
than an additional ten dollars per month and one half of the pay shall
be paid with local funds.
(5) (6) Any service employee required to work on any legal school
holiday shall be paid at a rate one and one-half times the employee's
usual hourly rate.
(6) (7) Any full-time service personnel required to work in
excess of their normal working day during any week which contains a
school holiday for which they are paid shall be paid for the
additional hours or fraction of the additional hours at a rate of one
and one-half times their usual hourly rate and paid entirely from
county board funds.
(7) (8) No service employee may have his or her daily work
schedule changed during the school year without the employee's written
consent and the employee's required daily work hours may not be
changed to prevent the payment of time and one-half wages or the
employment of another employee.
(8) (9) The minimum hourly rate of pay for extra duty assignments
as defined in section eight-b of this article shall be no less than
one seventh of the employee's daily total salary for each hour the
employee is involved in performing the assignment and paid entirely
from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular
category of employment may be utilized if the alternate hourly rate
of pay is approved both by the county board and by the affirmative
vote of a two-thirds majority of the regular full-time employees
within that classification category of employment within that county:
Provided, however, That the vote shall be by secret ballot if
requested by a service personnel employee within that classification
category within that county. The salary for any fraction of an hour
the employee is involved in performing the assignment shall be
prorated accordingly. When performing extra duty assignments,
employees who are regularly employed on a one-half day salary basis
shall receive the same hourly extra duty assignment pay computed as
though the employee were employed on a full-day salary basis.
(9) (10) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties required
for asbestos removal shall be their regular total daily rate of pay
and no less than an additional three dollars per hour or no less than
five dollars per hour for service personnel supervising asbestos
removal responsibilities for each hour these employees are involved
in asbestos related duties. Related duties required for asbestos
removal include, but are not limited to, travel, preparation of the
work site, removal of asbestos decontamination of the work site,
placing and removal of equipment and removal of structures from the
site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county,
the daily rate of pay shall be no less than the minimum amount as
established in the employee's regular employment county for asbestos
removal and an additional thirty dollars per each day the employee is
engaged in asbestos removal and related duties. The additional pay
for asbestos removal and related duties shall be payable entirely from
county funds. Before service personnel employees may be utilized in
the removal of asbestos material or related duties, they shall have
completed a federal Environmental Protection Act approved training
program and be licensed. The employer shall provide all necessary
protective equipment and maintain all records required by the
Environmental Protection Act.
(10) (11) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide shall
be considered to be exercising the authority of a supervisory aide and
control over pupils if the aide is required to supervise, control,
direct, monitor, escort or render service to a child or children when
not under the direct supervision of certificated professional
personnel within the classroom, library, hallway, lunchroom,
gymnasium, school building, school grounds or wherever supervision is
required. For purposes of this section, "under the direct supervision
of certificated professional personnel" means that certificated
professional personnel is present, with and accompanying the aide.
§18A-4-8b. Seniority rights for school service personnel.
(a) A county board shall make decisions affecting promotions and
the filling of any service personnel positions of employment or jobs
occurring throughout the school year that are to be performed by
service personnel as provided in section eight of this article, on the
basis of seniority, qualifications and evaluation of past service.
(b) Qualifications shall mean that the applicant holds a
classification title in his category of employment as provided in this
section and must be given first opportunity for promotion and filling
vacancies. Other employees then must be considered and shall qualify
by meeting the definition of the job title as defined in section eight
of this article, that relates to the promotion or vacancy. If
requested by the employee, the board must show valid cause why an
employee with the most seniority is not promoted or employed in the
position for which he or she applies. Applicants shall be considered
in the following order:
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued in
accordance with this section;
(3) Professional personnel who held temporary service personnel
jobs or positions prior to the ninth day of June, one thousand nine
hundred eighty-two, and who apply only for such temporary jobs or
positions;
(4) Substitute service personnel; and
(5) New service personnel.
(c) The county board may not prohibit a service employee from
retaining or continuing his employment in any positions or jobs held
prior to the effective date of this section and thereafter.
(d) A promotion shall be defined as any change in his employment
that the employee deems to improve his working circumstance within his
classification category of employment and shall include a transfer to
another classification category or place of employment if the position
is not filled by an employee who holds a title within that
classification category of employment. Each class title listed in
section eight of this article shall be considered a separate
classification category of employment for service personnel, except
for those class titles having Roman numeral designations, which shall
be considered a single classification of employment. The cafeteria
manager class title shall be included in the same classification
category as cooks. The executive secretary class title shall be
included in the same classification category as secretaries.
Paraprofessional, autism mentor and braille or sign language
specialist class titles shall be included in the same classification
category as aides. The mechanic assistant and chief mechanic class
titles shall be included in the same classification category as
mechanics.
(e) For purposes of determining seniority under this section an
employee's seniority begins on the date that he or she enters into his
assigned duties.
(f) Notwithstanding any other provisions of this chapter to the
contrary, decisions affecting service personnel with respect to extra-
duty assignments shall be made in the following manner: An employee
with the greatest length of service time in a particular category of
employment shall be given priority in accepting extra duty
assignments, followed by other fellow employees on a rotating basis
according to the length of their service time until all such employees
have had an opportunity to perform similar assignments. The cycle
then shall be repeated: Provided, That an alternative procedure for
making extra-duty 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. For the purpose of this section, "extra-duty assignments"
are defined as irregular jobs that occur periodically or occasionally
such as, but not limited to, field trips, athletic events, proms,
banquets and band festival trips.
(g) Boards shall be required to post and date notices of all job
vacancies of established existing or newly created positions in
conspicuous working places for all school service employees to observe
for at least five working days. The notice of the job vacancies shall
include the job description, the period of employment, the amount of
pay and any benefits and other information that is helpful to the
employees to understand the particulars of the job. After the five-day minimum posting period all vacancies shall be filled within twenty
working days from the posting date notice of any job vacancies of
established existing or newly created positions. Job postings for
vacancies made pursuant to this section shall be written so as to
ensure
that the largest possible pool of qualified applicants may
apply. Job postings may not require criteria which are not necessary
for the successful performance of the job and may not be written with
the intent to favor a specific applicant.
(h) All decisions by county boards concerning reduction in work
force of service personnel shall be made on the basis of seniority,
as provided in this section.
(i) The seniority of any service personnel shall be determined
on the basis of the length of time the employee has been employed by
the county board within a particular job classification. For the
purpose of establishing seniority for a preferred recall list as
provided in this section, when an employee has been employed in one
or more classifications, the seniority accrued in each previous
classification shall be retained by the employee.
(j) If a county board is required to reduce the number of
employees within a particular job classification, the employee with
the least amount of seniority within that classification or grades of
classification shall be properly released and employed in a different
grade of that classification if there is a job vacancy: Provided,
That if there is no job vacancy for employment within the classification or grades of classification, he or she shall be
employed in any other job classification which he or she previously
held with the county board if there is a vacancy and shall retain any
seniority accrued in the job classification or grade of
classification.
(k)
If, prior to the first day of August after a reduction in
force or transfer is approved, the reason for any particular reduction
in force or transfer no longer exists as determined by the county
board in its sole and exclusive judgment, the board shall rescind the
reduction in force or transfer and shall notify the affected employee
in writing of his or her right to be restored to his or her former
position of employment. Within five days of being so notified, the
affected employee shall notify the board of his or her intent to
return to his or her former position of employment or the right of
restoration to the former position shall terminate: Provided, That
the board shall not rescind the reduction in force of an employee
until all employees with more seniority in the classification category
on the preferred recall list have been offered the opportunity for
recall to regular employment as provided in this section. If there
are insufficient vacant positions to permit reemployment of all more
senior employees on the preferred recall list within the
classification category of the employee who was subject to reduction
in force, the position of the released employee shall be posted and
filled in accordance with this section.
(l) If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system established
by the employees and approved by the county board.
(m) All employees whose seniority with the county board is
insufficient to allow their retention by the county board during a
reduction in work force shall be placed upon a preferred recall list
and shall be recalled to employment by the county board on the basis
of seniority.
(n) Employees placed upon the preferred list shall be recalled
to any position openings by the county board within the
classification(s), where they had previously been employed, or to any
lateral position for which the employee is qualified or to a lateral
area for which an employee has certification and/or licensure.
(o) Employees on the preferred recall list shall not forfeit
their right to recall by the county board if compelling reasons
require an employee to refuse an offer of reemployment by the county
board.
(p) The county board shall notify all employees on the preferred
recall list of all position openings that from time to time exist.
The notice shall be sent by certified mail to the last known address
of the employee; it is the duty of each such employee to notify the
county board of any change in the address of the employee.
(q) No position openings may be filled by the county board,
whether temporary or permanent, until all employees on the preferred recall list have been properly notified of existing vacancies and have
been given an opportunity to accept reemployment.
(r) An employee released from employment for lack of need as
provided in section eight-a or six, article two of this chapter shall
be accorded preferred recall status on the first day of July of the
succeeding school year if the employee has not been reemployed as a
regular employee.
(s) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and is liable to any
party prevailing against the board for court costs and the prevailing
party's reasonable attorney fee, as determined and established by the
court. Further, employees denied promotion or employment in violation
of this section shall be awarded the job, pay and any applicable
benefits retroactively to the date of the violation and shall be paid
entirely from local funds. Further, the board is liable to any party
prevailing against the board for any court reporter costs including
copies of transcripts.
§18A-4-14. Duty-free lunch and daily planning period for certain
employees.
(1) (a) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period of
time more than one-half the class periods of the regular school day
and every service personnel whose employment is for a period of more
than three and one-half hours per day and whose pay is at least the amount indicated in the "state minimum pay scale" as set forth in
section eight-a of this article shall be provided a daily lunch recess
of not less than thirty consecutive minutes, and such employee shall
may not be assigned any responsibilities during this recess. Such
recess shall be included in the number of hours worked, and no county
shall a county may not increase the number of hours to be worked by
an employee as a result of such employee being granted a recess under
the provisions of this section.
(2) (b) Every teacher who is regularly employed for a period of
time more than one-half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils.
(1) Such planning period shall be the length of the usual class
period in the school to which such teacher is assigned, and shall be
not less than thirty minutes. No teacher may be assigned any
responsibilities during this period, and not county shall be the
length of the instructional period during which the planning period
is assigned, but where the instructional period exceeds fifty minutes,
it may be restricted to fifty minutes. If the instructional period
during which the planning period is provided exceeds fifty minutes,
then the teacher may be assigned other duties during the part of the
instructional period which exceeds fifty minutes.
(2) If a school does not have instructional periods, planning periods shall be not less than thirty nor more than fifty minutes.
When a school has instructional periods of varying durations, planning
periods shall be scheduled, to the extent possible, for comparable
durations.
(3) A county may not increase the number of hours to be worked
by a teacher as a result of such teacher being granted a planning
period subsequent to the adoption of this section (March 13, 1982)
effective date of this section.
(c) Principals, and assistant principals, where applicable, shall
cooperate in carrying out the provisions of this subsection,
including, but not limited to, assuming control of the class period
or supervision of students during the time the teacher is engaged in
the planning period. Substitute teachers may also be utilized to
assist with classroom responsibilities under this subsection.
Provided,
That Any substitute teacher who is employed to teach a
minimum of two consecutive days in the same position shall be granted
a planning period pursuant to this section.
(3) (d) Nothing in this section shall may be construed to prevent
any teacher from exchanging his or her lunch recess or a planning
period or any service personnel from exchanging his or her lunch
recess for any compensation or benefit mutually agreed upon by the
employee and the county superintendent of schools or his or her agent:
Provided,
That A teacher and the superintendent or his or her agent
may not agree to terms which are different from those available to any other teacher granted rights under this section within the individual
school or to terms which in any way discriminate among such teachers
within the individual school. and that Service personnel granted
rights under this section and the superintendent or his or her agent
may not agree to terms which are different from those available to any
other service personnel within the same classification category
granted rights under this section within the individual school or to
terms which in any way discriminate among such service personnel
within the same classification category within the individual school.
§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.
(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.
(6) An employee who was employed in any service personnel
extracurricular assignment during the previous school year shall have
the option of retaining the assignment if it continues to exist in any
succeeding school year. A county board of education may terminate any
school service personnel extracurricular assignment for lack of need
pursuant to section seven, article two of this chapter. If an extracurricular contract has been terminated and is reestablished in
any succeeding school year, it shall be offered to the employee who
held the assignment at the time of its termination. If the employee
declines the assignment, the extracurricular assignment shall be
posted and filled pursuant to section eight-b, article four of this
chapter.
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