ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 34

(By Senators Tomblin, Mr. President, and Boley,

By Request of the Executive)

____________

[Originating in the Committee on Education;
reported February 28, 1995.]
____________

A BILL to amend and reenact sections two-a, article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article two, chapter eighteen of said code; to amend and reenact section nine, article three of said chapter; to amend and reenact sections four and eleven, article eight of said chapter; to amend and reenact sections four, eight-a and twelve, article nine-a of said chapter; to amend and reenact section thirteen, article two, chapter eighteen-a of said code; to amend and reenact sections three-a and four, article three of said chapter; to amend and reenact sections eight and eight-a, article four of said chapter; and to amend and reenact section eight, article five of said chapter, all relating to public education generally; allowing for the salary of the state superintendent of schools to be set by the state board of education; requiring annual audit report by regional educational service agencies; requiring regional educational service agencies to submit a monthly report on turn-around time for computer installation, maintenance and repair; requiring that an employee of the department of education devote at least fifty percent of his or her time to middle school issues; including students who remain in school beyond the sixteenth birthday and giving magistrates the option of issuing a summons or a warrant; lowering the age for suspension of driver's license for truancy; providing for the option of a net enrollment requirement for professional instructional personnel; restoring the sixty- three hundredths percent allowance for regional educational service agencies and requiring that twelve and five-tenths percent of the allocation be used to repair, install and maintain computers and computer equipment; adjusting allocated state aid in counties that have lost enrollment because of consolidation; establishing permissive guidelines for scheduling cooks; payment of tuition for teachers needing additional certification to teach in a middle school in certain instances; allowing certain eligible teachers to teach in a newly created middle school without a specific middle school certification; limitations; provides for an aid employed as a paraprofessional to hold multiclassification; clarifying duties required for asbestos removal; defining direct supervision of certificated professional personnel; and changing definition of aide salary.

Be it enacted by the Legislature of West Virginia:
That section two-a, article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section twenty-six, article two, chapter eighteen of said code be amended and reenacted; that section nine, article three of said chapter be amended and reenacted; that sections four and eleven, article eight of said chapter be amended and reenacted; that sections four, eight-a and twelve, article nine-a of said chapter be amended and reenacted; that section thirteen, article two, chapter eighteen-a of said code be amended and reenacted; that sections three-a and four, article three of said chapter be amended and reenacted; that sections eight and eight-a, article four of said chapter be amended and reenacted; and that section eight, article five of said chapter be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Notwithstanding any other provision of this code to the contrary enacted prior to the first day of January, one thousand nine hundred ninety-four, each of the following appointive state officers named in this subsection shall be appointed by the governor, by and with the advice and consent of the Senate. Each of such appointive state officers shall serve at the will and pleasure of the governor for the term for which the governor was elected and until the respective state officers' successors have been appointed and qualified. Each of such appointive state officers shall hereafter be subject to the existing qualifications for holding each such respective office and each shall have and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each such office.
Beginning on the first day of July, one thousand nine hundred ninety-four, the annual salary of each such named appointive state officer shall be as follows:
Administrator, division of highways, sixty-five thousand dollars; administrator, division of health, fifty-seven thousand two hundred dollars; administrator, division of human services, forty-seven thousand eight hundred dollars; administrator, state tax division, forty-nine thousand nine hundred dollars; administrator, division of energy, sixty-five thousand dollars; administrator, division of corrections, fifty-five thousand dollars; administrator, division of natural resources, sixty-five thousand dollars; administrator, division of public safety, sixty thousand dollars; administrator, lottery division, sixty thousand dollars; director, public employees insurance agency, fifty-five thousand dollars; administrator, division of banking, fifty-five thousand dollars; administrator, division of insurance, fifty- five thousand dollars; administrator, division of culture and history, fifty thousand dollars; administrator, alcohol beverage control commission, sixty thousand dollars; administrator, division of motor vehicles, fifty-five thousand dollars; director, division of personnel, fifty thousand dollars; adjutant general, fifty thousand dollars; chairman, health care cost review authority, fifty-five thousand dollars; members, health care cost review authority, fifty-one thousand two hundred dollars; director, human rights commission, forty thousand dollars; administrator, division of labor, fifty-five thousand dollars; administrator, division of veterans affairs, forty thousand dollars; administrator, division of emergency services, forty thousand dollars; members, board of parole, forty thousand dollars; members, employment security review board, seventeen thousand dollars; members, workers' compensation appeal board, seventeen thousand eight hundred dollars.
Prior to the first day of July, one thousand nine hundred ninety-four, each of the aforesaid officers shall continue to receive the annual salaries they were receiving as of the last day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the contrary enacted prior to the first day of January, one thousand nine hundred ninety-four, each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code, and, prior to the first day of July, one thousand nine hundred ninety-four, each of the state officers named in this subsection shall continue to receive the annual salaries they were receiving as of the last day of December, one thousand nine hundred ninety-three, and shall thereafter be paid an annual salary as follows: Administrator, division of risk and insurance management, fifty thousand dollars; director, division of rehabilitation services, fifty-five thousand dollars; executive director, educational broadcasting authority, forty- seven thousand five hundred dollars; secretary, library commission, forty-seven thousand five hundred dollars; director, geologic and economic survey, forty-seven thousand five hundred dollars; executive director, water development authority, fifty- four thousand two hundred dollars; executive director, public defender services, fifty-five thousand dollars; director, commission on aging, forty thousand dollars; commissioner, oil and gas conservation commission, forty thousand dollars; director, farm management commission, thirty-two thousand five hundred dollars; director, railroad maintenance authority, fifty thousand dollars; executive secretary, women's commission, thirty thousand one hundred dollars; director, regional jail authority, fifty-five thousand dollars; director, hospital finance authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless such appointive state officer shall have first filed with the state auditor and the legislative auditor a sworn statement, on a form to be prescribed by the attorney general, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The attorney general shall prepare and distribute such form to the affected spending units: Provided, That no decrease in salary shall be effective for any current appointive state officer appointed prior to the first day of January, one thousand nine hundred eighty-nine: Provided, however, That such decreases shall take effect at such time as any appointive office is vacated.
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-26. Establishment of multicounty regional educational service agencies; purposes; authority to implement regional services.

(a) In order to consolidate and administer more effectively existing educational programs and services so individual districts will have more discretionary moneys for educational improvement and in order to equalize and extend educational opportunities, the state board of education shall establish multicounty regional educational service agencies for the purpose of providing high quality, cost effective educational programs and services to the county school systems, and shall make such rules as may be necessary for the effective administration and operation of such agencies: Provided, That the legislative oversight commission on education accountability shall commission a comprehensive feasibility study of the regional educational service agencies which shall be completed and reported to the legislative oversight commission on education accountability no later than the tenth day of January, one thousand nine hundred ninety-five.
(b) In furtherance of these purposes, it is the duty of the board of directors of each regional educational service agency to continually explore possibilities for the delivery of services on a regional basis which will facilitate equality in the educational offerings among counties in its service area, permit the delivery of high quality educational programs at a lower per student cost, strengthen the cost effectiveness of education funding resources, reduce administrative and/or operational costs, including the consolidation of administrative, coordinating and other county level functions into region level functions, and promote the efficient administration and operation of the public school systems generally.
Technical, operational, programmatic or professional services would be among the types of services appropriate for delivery on a regional basis.
(c) In addition to performing the services and functions required by the provisions of this or any other section of this code, a regional educational service agency may implement regional programs and services by a majority vote of its board of directors. When said vote is not unanimous, the board of directors shall file a plan for the service or program delivery with the state board describing the program or service, the manner of delivery and the projected savings and/or the improved quality of the program or service. The state board shall promulgate rules requiring a county board that declines to participate in such programs or services to show just cause for not participating and the estimated savings accruing to the county therefrom. If a county board fails to show that savings will accrue to the county or that the quality of the program will be significantly and positively affected as a result of its decision not to participate, the state board shall withhold from the county's foundation allowance for administrative cost the lesser of the amount of the estimated savings or the allocation for the county's foundation allowance for administrative cost.
(d) The state board, in conjunction with the various regional educational service agencies, shall develop an effective model for the regional delivery of instruction in subjects where there exists low student enrollment or a shortage of certified teachers or where such delivery method substantially improves the quality of an instructional program. Such model shall incorporate an interactive electronic classroom approach to instruction. To the extent funds are appropriated or otherwise available, county boards or regional educational service agencies may adopt and utilize the model for the delivery of such instruction.
(e) Each regional educational service agency shall conduct a study setting forth how the following services and functions may be performed by the agency for public schools and school districts within the region without terminating the employment of personnel employed by school districts prior to the effective date of this subsection: Accounting, purchasing, food service, transportation, delivery of high cost services to low incidence student populations, audiovisual material distribution, facilities planning, federal program coordination, personnel recruiting and an integrated regional computer information system. On or before the tenth day of January, one thousand nine hundred ninety, each regional educational service agency shall submit the study to the state board, to the standing committees on education and finance of the West Virginia Senate and House of Delegates and to the secretary of education and the arts: Provided, That in the event such study is implemented those individuals employed prior to the effective date thereof shall not have their employment terminated as a result of the study.
(f) Each regional educational service agency shall commence implementation of a uniform integrated regional computer information system as recommended by the state board of education on or before the first day of January, one thousand nine hundred ninety-one. Each county board of education shall use the computer information system for data collection and reporting to the state department of education beginning no later than the first day of July, one thousand nine hundred ninety-four. County boards of education shall bear the cost of and fully participate in the implementation of the system by: (1) Acquiring necessary, compatible equipment to participate in the regional computer information system; or (2) following receipt of a waiver from the state superintendent, operating a comparable management information system at a lower cost which provides at least all uniform integrated regional computer information system software modules and allows on-line, interactive access for schools and the county board of education office onto the statewide communications network. All data formats shall be the same as for the uniform integrated regional information system and will reside at the regional computer. Any county granted a waiver shall receive periodic notification of any incompatibility or deficiency in its system. Continued inability of any county to meet the above criteria shall, upon notification to the county no later than the first day of April, one thousand nine hundred ninety-five, require the county to use the uniform integrated regional computer information system no later than the first day of July, one thousand nine hundred ninety-five. No county shall expand any system either through the purchase of additional software or hardware that does not advance the goals and implementation of the uniform integrated regional computer information system as recommended by the state board: Provided, That nothing contained herein shall prevent the state superintendent from granting a one-year extension to those counties projected to have budget deficits for the school year beginning on the first day of July, one thousand nine hundred ninety-four.
(g) Each regional educational service agency shall submit a report and evaluation of the services provided and utilized by the schools within each respective region. Furthermore, each school shall submit an evaluation of the services provided by the regional educational service agency, which shall include an evaluation of the regional educational service agency program, suggestions as to how to improve utilization and the individual school's plan as to development of new programs and enhancement of existing programs. The reports shall be due by the first day of January of each year commencing with the year one thousand nine hundred ninety-one and shall be made available to the state board of education, standing committees on education of the West Virginia Senate and House of Delegates and to the secretary of education and the arts.
(h) A regional board shall be empowered to receive and disburse funds from the state and federal governments, member counties, gifts and grants.
(i) Notwithstanding any other provision of the code to the contrary, employees of regional educational service agencies shall be reimbursed for travel, meals and lodging at the same rate as state employees under the travel management office of the department of administration.
(j) Regional educational service agencies shall hold at least one half of their regular meetings during hours other than those of a regular school day.
(k) Regional educational service agencies shall submit an audit report to the legislative oversight commission on education accountability each year. By the first day of September, one thousand nine hundred ninety-five, and each month thereafter, each regional educational service agency shall submit a status report on turn around time for computer installation, maintenance and repair to the state superintendent of schools who shall then submit a report to the legislative oversight commission on education accountability.
ARTICLE 3.STATE SUPERINTENDENT OF SCHOOLS
§18-3-9. State department of education.

(a) For carrying into effect the provisions of this chapter, the state superintendent of schools shall maintain a department of education at his office at the state capitol, and he shall have authority to employ assistants and such other employees as may be necessary.
(b) One of the assistants or employees employed by the superintendent shall devote at least fifty percent of his or her time to issues relating to middle schools, including the curriculum for middle schools.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.

The county attendance director and the assistants shall diligently promote regular school attendance. They shall ascertain reasons for inexcusable absences from school of pupils of compulsory school age as defined under this article and shall take such steps as are, in their discretion, best calculated to correct attitudes of parents and pupils which results in absences from school even though not clearly in violation of law. The county attendance director and the assistants shall also ascertain reasons for inexcusable absences from school for those pupils who remain enrolled beyond the age of sixteen.
In the case of five consecutive or ten total unexcused absences of a child during a single semester, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of such child that the attendance of such child at school is required and that within ten days of receipt of such notice the parent, guardian or custodian, accompanied by the child, shall report in person to the school the child attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the inexcusable absences of the child; and if the parent, guardian or custodian does not comply with the provisions of this article, then the attendance director or assistant shall make complaint against such parent, guardian or custodian before a magistrate of the county. The attendance director or assistant shall serve such notice for other absences from school found to be in violation of law. For any similar subsequent offense in any school year no notice shall be required. If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one summons or warrant may be issued on the same complaint. The summons or warrant shall be executed within ten days of its issuance.
The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the case to a magistrate within ten days of execution of the warrant. The hearing shall be held within twenty days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days' advance notice of the date, time and place of the hearing.
When any doubt exists as to the age of a child absent from school, the attendance director shall have authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of such child, stating age of such child. The county attendance director or assistant shall, in the performance of his duties, have authority to take without warrant any child absent from school in violation of the provisions of this article and to place such child in the school in which such child is or should be enrolled.
The county attendance director shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director shall be responsible under direction of the county superintendent for the efficient administration of school attendance in the county.
In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors shall also perform the following duties:
(a) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;
(b) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
(c) Cooperate with existing state and federal agencies charged with enforcement of child labor laws;
(d) Prepare requested reports for submission by the county superintendent to the state superintendent of schools on school attendance, at such times and in such detail as may be required. Also, file with the county superintendent and county board of education at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;
(e) Promote attendance in the county by the compilation of data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;
(f) Participate in school teachers' conferences with parents and students;
(g) Assist in such other ways as the county superintendent may direct for improving school attendance;
(h) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal.
§18-8-11. School attendance as condition of licensing for privilege of operation of motor vehicle.

(a) In accordance with the provisions of sections three and five, article two, chapter seventeen-b of this code, the division of motor vehicles shall deny a license or instruction permit for the operation of a motor vehicle to any person under the age of eighteen who does not at the time of application present a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state or documentation that the person: (1) Is enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED) from a state approved institution or organization, or has obtained such certificate; (2) is enrolled in a secondary school of this state or any other state; or (3) is excused from such requirement due to circumstances beyond his or her control.
(b) The attendance director or chief administrator shall provide documentation of enrollment status on a form approved by the department of education to any student fifteen years of age or older upon request who is properly enrolled in a school under the jurisdiction of said official for presentation to the division of motor vehicles on application for or reinstatement of an instruction permit or license to operate a motor vehicle. Whenever a student fifteen years of age or older withdraws from school, except as provided in subsection (d) of this section, the attendance director or chief administrator shall notify the division of motor vehicles of such withdrawal not later than five days from the withdrawal date. Within five days of receipt of such notice, the division of motor vehicles shall send notice to the licensee that the license will be suspended under the provisions of section three, article two, chapter seventeen-b of this code on the thirtieth day following the date the notice was sent unless documentation of compliance with the provisions of this section is received by the division of motor vehicles before such time.
(c) For the purposes of this section, withdrawal shall be defined as more than ten consecutive or fifteen days total unexcused absences during a single semester. For the purposes of this section, suspension or expulsion from school or imprisonment in a jail or a penitentiary is not a circumstance beyond the control of such person.
(d) Whenever the withdrawal from school of such student, or such student's failure to enroll in a course leading to or to obtain a GED or high school diploma, is beyond the control of such student, or is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, no such notice shall be sent to the division of motor vehicles to suspend the student's motor vehicle operator's license, and if the student is applying for a license, the attendance director or chief administrator shall provide the student with documentation to present to the division of motor vehicles to excuse such student from the provisions of this section. The school district superintendent (or the appropriate school official of any private secondary school) with the assistance of the county attendance director and any other staff or school personnel shall be the sole judge of whether such withdrawal is due to circumstances beyond the control of such person.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4. Foundation allowance for professional educators.

The basic foundation allowance to the county for professional educators shall be the amount of money required to pay the state minimum salaries, in accordance with provisions of article four, chapter eighteen-a of this code, to the personnel employed: Provided, That in making this computation no county shall receive an allowance for the personnel which number is in excess of educators fifty-three and one-half professional educators to each one thousand students in adjusted enrollment: Provided, however, That any county not qualifying under the provision of section fourteen of this article is eligible for a growth rate in professional personnel in any one year not to exceed twenty percent of its total potential increase under this provision, except that in no case shall the limit be fewer than five professionals: Provided further, That the number of and the allowance for personnel paid in part by state and county funds shall be prorated: And provided further, That where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the professional educators 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: And provided further, That in the school year beginning the first day of July, one thousand nine hundred eighty-eight, and in each school year thereafter, each county board shall establish and maintain a minimum ratio of fifty professional instructional personnel per one thousand students in adjusted enrollment or sixty-nine professional instructional personnel per one thousand students in net enrollment, depending on whether the county's allowance for professional educators is limited by the adjusted or net enrollment caps: And provided further, That no permanent substitute shall be included in the minimum ratio for professional instructional personnel. Permanent substitutes may be included in the computation for professional educators. For the purposes of this section, permanent substitute means a full- time employee who performs the duties of a day-to-day substitute: And provided further, That no county shall have less than a total of five principals and central office administrators. Any county board which does not establish and maintain this minimum ratio shall suffer a pro rata reduction in the allowance for professional educators under this section: And provided further, That no county shall be penalized if it has increases in enrollment during that school year: And provided further, That any county board which does not establish and maintain this minimum ratio shall utilize any and all allocations to it by provision of section fourteen of this article solely to employ professional instructional personnel until the minimum ratio is attained. 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. It is the intent of the Legislature that in planning reductions in force to comply with reduced ratios of professional educators to students in adjusted enrollment, county boards shall consider positions for elimination in the following order: (1) Central office administrators; (2) assistant principals; and (3) principals.
No county shall increase the number of administrative personnel employed as either professional educators or pay grade "H" service personnel above the number which were employed, or for which positions were posted, on the thirtieth day of June, one thousand nine hundred ninety, and, therefore, county boards shall whenever possible utilize classroom teachers for curriculum administrative positions through the use of modified or extended contracts: Provided, That the governor shall submit a recommendation to the Legislature at the beginning of the regular session thereof in the year one thousand nine hundred ninety-one, which proposes a method for establishing a responsible level of administrative support for each county school system and a pay scale differentiation on a daily rate between classroom positions and administrative positions when all other factors are equal.
§18-9A-8a. Foundation allowance for regional educational service agencies.

For the fiscal year beginning on the first day of July, one thousand nine hundred ninety-five, and for each fiscal year thereafter, the foundation allowance for regional educational service agencies shall be equal to sixty-three one-hundredths percent of the allocation for professional educators as determined in section four of this article. The allowance shall be distributed to the regional educational service agencies in accordance with rules adopted by the state board: Provided, That twelve and five-tenths percent of the funds appropriated under this section shall be used to install, maintain and repair computers and computer equipment. The allowance for regional educational service agencies shall be excluded from the computation of total basic state aid as provided for in section twelve of this article.

§18-9A-12. County basic foundation; total basic state aid allowance.

(a) The basic foundation program for each county for the fiscal year shall be the sum of the amounts computed in accordance with the provisions of sections four, five, six, seven, eight, nine and ten of this article. On the first working day of July in each year, the state board shall determine the basic foundation program for each county for that fiscal year. Data used in the computations relating to net and adjusted enrollment, and the number of professional educators, shall be for the second month of the prior school term. Transportation expenditures used in these computations shall be for the most recent year in which data are available. The allocated state aid share of the county's basic foundation program shall be the difference between the cost of its basic foundation program and the county's local share as determined in section eleven of this article except as provided in subsection (b) of this section.
(b) The allocated state aid share shall be adjusted in the following circumstances in the following manner: Provided, That prior to such adjustment, the state tax commissioner shall provide the state board, by the fifteenth day of January of each year, a certified listing of those counties in which such adjustment shall be made pursuant to this subsection, together with the amount of revenue which will not be available to each county board in the ensuing fiscal year as a result of the circumstance:
(1) In those instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is under a final court order to refund or credit property taxes paid in prior years, the allocated state aid share shall be the county's basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect or must refund due to the final court order: Provided, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(2) In those instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is collecting tax based upon an assessed value which is less than that determined by the tax commissioner in the most recent published survey of property valuations in the state due to an error in the published survey, which error is certified to by the tax commissioner, the allocated state aid share shall be the county's basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect based on differences in the assessed valuation between those in the most recent published survey of valuation and the corrected assessed value actually levied upon by the county: Provided, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(3) In instances where a county is unable to collect property taxes from a taxpayer during the pendency of any court proceeding, the allocated state aid share shall be the county's basic foundation program minus the local share as computed under section eleven of this article, plus the amount the county is unable to collect as a result of the pending court proceedings as certified by the tax commissioner: Provided, That the county is required to reimburse the amount of allocated state aid share attributable to the amount of property tax it later receives upon completion of court proceedings, which shall be paid into the general revenue fund of the state: Provided, however, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided further, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(c) The allocated state aid share shall be adjusted in any county receiving payments or contributions in lieu of property taxes. In instances where a county receives payments or contributions in lieu of property taxes, the allocated state aid share shall be the county's basic foundation program minus the local share as computed under section eleven of this article, plus any amounts added pursuant to subsection (b) of this section minus the payments or contributions in lieu of property taxes which are distributed by the sheriff to the county board of education. In determining the amount of such contribution or payment in lieu of taxes, each county commission shall provide to the state tax commissioner, by the first day of January of each year, the total amount of such payments or contributions paid to the county and the proportion of the total amount that has been or will be distributed to the county board of education. The state tax commissioner then shall provide the state board, by the fifteenth day of January of each year, a certified listing of those counties in which an adjustment pursuant to this section shall be made, together with the amount of revenue which will be available to each county board in the ensuing fiscal year as a result of contribution or payment in lieu of taxes.
(d) For the school year one thousand nine hundred ninety- five--ninety-six only, the allocated state aid share shall be adjusted in certain counties that have lost enrollment to adjacent counties because of consolidation. The computation of the adjustment shall be based on one half of the per pupil state aid multiplied by the number of students transferring out.
(e) Total basic state aid to the county shall be the computed state share of basic foundation support. After such computation is completed, the state board shall immediately certify to each county board the amount of state aid allocated to the county for that fiscal year, subject to any qualifying provisions of this article.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-13. Recommended guidelines for full-day and one-half-day cooks.

The following guidelines are not required to be used, but may be used when scheduling full-day and one-half-day cooks:
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cooks Hours Worked
1-90112.00
91-1351.512.00
136-180212.00
181-2252.512.00
226-270312.00
271-3153.512.00
316-360412.00
361-4054.512.00
406-450512.00
451-4955.512.00
496-540612.00
541-5856.512.00
586-630712.00
631-6757.512.00
676-720812.00
721-7658.512.00
766-810912.00
811-8559.512.00
856-9001012.00
A meal prepared for a school lunch shall be established as a whole meal. Other meals shall be equal to three fourths of a school lunch meal.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-3a. Payment of tuition, registration and other fees for teachers; maximum payment per teacher.
The West Virginia department of education shall establish in its annual budget a separate line item and shall pay from the appropriations therefor, to the extent that appropriations are provided, the tuition, registration and other fees of the teachers, as defined in section one, article one, chapter eighteen of this code, with continuing contracts who: (1) Have completed any courses meeting the requirements of the department for renewal of certification as required in section three of this article; or (2) need additional certification or authorization to teach in a middle school, when a county board of education which has prevously not operated middle schools adopts that grade configeration, in any college or university within the state. A teacher may enroll for such courses in a college or university outside the state and, upon receiving prior approval from the department, be reimbursed for tuition, registration and other fees upon completion of the courses.
However, payment for any single fee made by the department pursuant to the provisions of this section shall not exceed the amount of the highest corresponding fee charged at a West Virginia state-supported college or university: Provided, That the payment for tuition, registration or other fees under this section shall be limited to payment of the fees for up to a maximum of fifteen semester hours per teacher and shall be in accordance with rules promulgated by the department pursuant to this section.
§18A-3-4. Validity of present certificates.

Nothing in this article shall be construed or interpreted in such way as to invalidate or in any manner change or shorten the validity period of certificates, including grade-level teaching rights, in force on the effective date of this act, nor the right to renew or make permanent the certificates: Provided, That, when a county which has not prevously operated a middle school begins operating a middle school, all existing eligible teachers with at least seven years experience who currently hold certification for grades five through eight or grades seven through twelve are eligible to teach in newly created middle schools without a specific middle school certificate: Provided, however, That this exemption expires on the first day of July, two thousand.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel; definitions.

The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel shall be no less than ten months, a month being defined as twenty employment days: Provided, That the county board of education may contract with all or part of these personnel for a longer term. The beginning and closing dates of the ten-month employment term shall not exceed forty- three weeks.
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 shall be applicable.
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.
No service employee, without his or her agreement, shall 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.
Should an employee whose regular work week is scheduled from Monday through Friday agree 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 such 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 such day.
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 which shall be 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.
Upon the change in classification or upon meeting the requirements of an advanced classification of or by any employee, his or her 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 his or her advanced classification and allowable years of employment.
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.
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:
"Pay grade" means the monthly salary applicable to class titles of service personnel.
"Years of employment" means the number of years which an employee classified as service personnel has been employed by a board of education 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.
"Class title" means the name of the position or job held by service personnel.
"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.
"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.
"Accountant III" means personnel who are employed in the county board of education office to manage and supervise accounts payable and/or payroll procedures.
"Aide I" means those personnel selected and trained for teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide.
"Aide II" means those personnel referred to in the "Aide I" classification who have completed a training program approved by the state board of education, or who hold a high school diploma or have received a general educational development certificate. Only personnel classified in an Aide II class title shall be employed as an aide in any special education program.
"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.
"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.
"Audiovisual technician" means personnel employed to perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment.
"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.
"Autism mentor" means personnel who work with autistic students and who meet standards and experience to be determined by the state board: Provided, That the state board shall determine these standards and experience on or before the first day of July, one thousand nine hundred ninety-two.
"Braille or sign language specialist" means personnel employed to provide braille and/or sign language assistance to students.
"Bus operator" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board of education.
"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.
"Cabinetmaker" means personnel employed to construct cabinets, tables, bookcases and other furniture.
"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.
"Carpenter I" means personnel classified as a carpenter's helper.
"Carpenter II" means personnel classified as a journeyman carpenter.
"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.
"Clerk I" means personnel employed to perform clerical tasks.
"Clerk II" means personnel employed to perform general clerical tasks, prepare reports and tabulations and operate office machines.
"Computer operator" means qualified personnel employed to operate computers.
"Cook I" means personnel employed as a cook's helper.
"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.
"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.
"Crew leader" means personnel employed to organize the work for a crew of maintenance employees to carry out assigned projects.
"Custodian I" means personnel employed to keep buildings clean and free of refuse.
"Custodian II" means personnel employed as a watchman or groundsman.
"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.
"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.
"Director or coordinator of services" means personnel who are assigned to direct a department or division. Nothing herein shall prohibit professional personnel or professional educators as defined in section one, article one of this chapter, from holding this class title, but professional personnel shall 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": Provided, That funding for professional personnel in positions classified as directors or coordinators of services who were assigned prior to the first day of May, one thousand nine hundred ninety-four, shall not be required to be redirected from service personnel categories as a result of this provision until the first day of July, one thousand nine hundred ninety-six. Thereafter, 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.
"Draftsman" means personnel employed to plan, design and produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice electrician helper or who holds an electrician helper license issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician journeyman or who holds a journeyman electrician license issued by the state fire marshal.
"Electronic technician I" means personnel employed at the apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the journeyman level to repair and maintain electronic equipment.
"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.
"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.
"Foremen" means skilled persons employed for supervision of personnel who work in the areas of repair and maintenance of school property and equipment.
"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.
"Glazier" means personnel employed to replace glass or other materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic illustrations.
"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.
"Handyman" means personnel employed to perform routine manual tasks in any operation of the county school system.
"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.
"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.
"Heavy equipment operator" means personnel employed to operate heavy equipment.
"Inventory supervisor" means personnel who are employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain locks and safes.
"Lubrication man" means personnel employed to lubricate and service gasoline or diesel-powered equipment of a county school system.
"Machinist" means personnel employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. Such personnel should also have ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail.
"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.
"Mason" means personnel employed to perform tasks connected with brick and block laying and carpentry tasks related to such laying.
"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.
"Mechanic assistant" means personnel employed as a mechanic apprentice and helper.
"Multiclassification" means personnel employed to perform tasks that involve the combination of two or more class titles in this section. In such instances the minimum salary scale shall be the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as an office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible for servicing and repairing all office machines and equipment. Personnel shall be responsible for parts being purchased necessary for the proper operation of a program of continuous maintenance and repair.
"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.
"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.
"Plumber I" means personnel employed as an apprentice plumber and helper.
"Plumber II" means personnel employed as a journeyman plumber.
"Printing operator" means personnel employed to operate duplication equipment, and as required, to cut, collate, staple, bind and shelve materials.
"Printing supervisor" means personnel employed to supervise the operation of a print shop.
"Programmer" means personnel employed to design and prepare programs for computer operation.
"Roofing/sheet metal mechanic" means personnel employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation.
"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.
"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.
"Secretary I" means personnel employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines.
"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 herein that would prevent the employees from holding or being elevated to a higher classification.
"Secretary III" means personnel assigned to the county board of education 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" herein for eight years.
"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 of education.
"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.
"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.
"Truck driver" means personnel employed to operate light or heavy duty gasoline and diesel-powered vehicles.
"Warehouse clerk" means personnel employed to be responsible for receiving, storing, packing and shipping goods.
"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.
"Welder" means personnel employed to provide acetylene or electric welding services for a school system.
In addition to the compensation provided for in section eight-a of this article, for service personnel, each service employee shall, notwithstanding any provisions in this code to the contrary, be 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.
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.
The county boards shall review each service personnel employee job classification annually and shall reclassify all service employees as required by such job classifications. The state superintendent of schools is hereby authorized to withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, he or she 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.
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 said fiscal year and subsequent years.
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 his or her reasonable attorney fee, as determined and established by the court.
Notwithstanding any provisions in this code to the contrary, service personnel who hold a continuing contract in a specific job classification and 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.
STATE MINIMUM PAY SCALE PAY GRADE

Years
of
Employ-
ment
A B C D E F G H
0 950 9701,0101,0601,1101,1701,2001,270 1 972 9921,0321,0821,1321,1921,2221,292
2 9941,0141,0541,1041,1541,2141,2441,314
31,0161,0361,0761,1261,1761,2361,2661,336
41,0381,0581,0981,1481,1981,2581,2881,358
51,0601,0801,1201,1701,2201,2801,3101,380
61,0821,1021,1421,1921,2421,3021,3321,402
71,1041,1241,1641,2141,2641,3241,3541,424
81,1261,1461,1861,2361,2861,3461,3761,446
91,1481,1681,2081,2581,3081,3681,3981,468
101,1701,1901,2301,2801,3301,3901,4201,490
111,1921,2121,2521,3021,3521,4121,4421,512
121,2141,2341,2741,3241,3741,4341,4641,534
131,2361,2561,2961,3461,3961,4561,4861,556
141,2581,2781,3181,3681,4181,4781,5081,578
151,2801,3001,3401,3901,4401,5001,5301,600
161,3021,3221,3621,4121,4621,5221,5521,622
171,3241,3441,3841,4341,4841,5441,5741,644
181,3461,3661,4061,4561,5061,5661,5961,666
191,3681,3881,4281,4781,5281,5881,6181,688
201,3901,4101,4501,5001,5501,6101,6401,710
211,4121,4321,4721,5221,5721,6321,6621,732
221,4341,4541,4941,5441,5941,6541,6841,754
231,4561,4761,5161,5661,6161,6761,7061,776
241,4781,4981,5381,5881,6381,6981,7281,798
251,5001,5201,5601,6101,6601,7201,7501,820
261,5221,5421,5821,6321,6821,7421,7721,842
271,5441,5641,6041,6541,7041,7641,
7941,864
281,5661,5861,6261,6761,7261,7861,81
61,886
291,5881,6081,6481,6981,7481,8081,8381,908
301,6101,6301,6701,7201,7701,8301,8601,930

STATE MINIMUM PAY SCALE PAY GRADE I

Years
of
Employ-
ment
A B C D E F G H
01,0101,0301,0701,1201,1701,2301,2601,330
11,0351,0551,0951,1451,1951,2551,2851,355
21,0601,0801,1201,1701,2201,2801,3101,380
31,0851,1051,1451,1951,2451,3051,3351,405
41,1101,1301,1701,2201,2701,3301,3601,430
51,1351,1551,1951,2451,2951,3551,3851,455
61,1601,1801,2201,2701,3201,3801,4101,480
71,1851,2051,2451,2951,3451,4051,4351,505
81,2101,2301,2701,3201,3701,4301,4601,530
91,2351,2551,2951,3451,3951,4551,4851,555
101,2601,2801,3201,3701,4201,4801,5101 ,580
111,2851,3051,3451,3951,4451,5051,5351,605
121,3101,3301,3701,4201,4701,5301,5601,630
131,3351,3551,3951,4451,4951,5551,5851,655
141,3601,3801,4201,4701,5201,5801,6101,680
151,3851,4051,4451,4951,5451,6051,6351,705
161,4101,4301,4701,5201,5701,6301,6601,730
171,4351,4551,4951,5451,5951,6551,6851,755
181,4601,4801,5201,5701,6201,6801,7101,780
191,4851,5051,5451,5951,6451,7051,7351,805
201,5101,5301,5701,6201,6701,7301,7601,830
211,5351,5551,5951,6451,6951,7551,7851,855
221,5601,5801,6201,6701,7201,7801,8101,880
231,5851,6051,6451,6951,7451,8051,8351,905
241,6101,6301,6701,7201,7701,8301,8601,930
251,6351,6551,6951,7451,7951,8551,8851,955
261,6601,6801,7201,7701,8201,8801,9101,980
271,6851,7051,7451,7951,8451,9051,9352,005
281,7101,7301,7701,8201,8701,9301,9602,030
291,7351,7551,7951,8451,8951,9551,9852,055
301,7601,7801,8201,8701,9201,9802,0102,080

CLASS TITLE PAY GRADE

Accou
ntant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor . . . . . . . . . . . . . . . . . . . E
Braille or Sign Language Specialist . . . . . . . . E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
ParaprofessionalF
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
(1) 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" and the minimum monthly pay 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" set forth in this section: Provided, That on and after the first day of July, one thousand nine hundred ninety-four, 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" as set forth in this section, 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.
(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.
(3) An additional ten dollars per month shall also be added to the minimum monthly pay of each service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board of education.
(4) 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. following, 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) 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) 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 thereof at a rate of one and one-half times their usual hourly rate and paid entirely from county board of education funds.
(7) 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) 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 of education 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 so 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) 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 shall include, but not be limited to, planning for the removal of asbestos, preparation of proposals, plans or other relevant documents required for approval of an asbestos project, travel, preparation of the work site including taking test samples and filing reports concerning the results of the tests, removal of asbestos and other byproducts and transportation of this material to the storage site, decontamination of the work site, placing and removal of equipment, making any reports, preparation of post-project reports necessary for completion of the project, 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) 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 such supervision is required. Under the direct supervision of certificated professional personnel means that certificated professional personnel is present, with and accompanying the aide.
§18A-5-8. Authority of certain aides to exercise control over pupils; compensation; transfers.

(a) Within the limitations provided herein, any aide who agrees to do so shall stand in the place of the parent or guardian and shall exercise such authority and control over pupils as is required of a teacher as defined and provided in section one of this article. The principal shall designate aides in the school who agree to exercise that authority on the basis of seniority as an aide and shall enumerate the instances in which the authority shall be exercised by an aide when requested by the principal, assistant principal or professional employee to whom the aide is assigned: Provided, That the authority does not extend to suspending or expelling any pupil, participating in the administration of corporal punishment or performing instructional duties as a teacher or substitute teacher.
An aide designated by the principal under this subsection shall receive a salary not less than one pay grade above the highest pay grade held by the employee under section eight-a, article four of this chapter, and any county salary schedule in excess of the minimum requirements of this article.
(b) An aide shall not be required by the operation of this section to perform noninstructional duties for an amount of time which exceeds that required under the aide's contract of employment or that required of other aides in the same school, unless the assignment of such duties is mutually agreed upon by the aide and the county superintendent, or the superintendent's designated representative, subject to board approval. The terms and conditions of such agreement shall be in writing, signed by both parties, and may include additional benefits. Such agreement shall be uniform as to aides assigned similar duties for similar amounts of time within the same school. Aides shall have the option of agreeing to supervise students and of renewing related assignments annually: Provided, That should an aide elect not to renew the previous agreement to supervise students, the minimum salary of such aide shall revert to the pay grade specified in section eight-a, article four of this chapter for the classification title held by the aide and any county salary schedule in excess of the minimum requirements of this article.
(c) For the purposes of this section, aide shall mean and include any aide class title as defined in section eight, article four of this chapter, regardless of numeric classification.
(d) An aide may transfer to another position of employment one time only during any half of a school term, unless otherwise mutually agreed upon by the aide and the county superintendent, or the superintendent's designee, subject to board approval: Provided, That during the first year of employment as an aide, an aide may not transfer to another position of employment during the first one-half school term of employment, unless mutually agreed upon by the aide and county superintendent, subject to board approval.
(e) Regular service personnel employed in a category of employment other than aide who seek employment as an aide shall be required to hold a high school diploma or have received a general educational development certificate and shall have opportunity to receive appropriate training pursuant to subsection (10), section thirteen, article five, chapter eighteen of this code and section two, article twenty of said chapter.