Senate Bill No. 542

(By Senators Grubb and Macnaughtan)

____________

[Introduced February 20, 1995; referred to the Committee
on Education; and then to the Committee on Finance.]
____________




A BILL to amend and reenact section eighteen-a, article five,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections eight and eight-a, article four, chapter eighteen-a of said code; and to amend and reenact section eight, article five of said chapter, all relating to increasing the service personnel pay scales; changing the pay grade of aides, bus operators, cooks, custodians; supplementing the pay of maintenance personnel who hold licenses or certificates; and changing the title of aides to assistants, changing the term aide to assistant; by creating two new job titles, bus operator II and bus operator III; providing that secretaries who gain six hours of college credit will be paid at the next highest pay grade; relating to the payment of classroom assistants in kindergarten classes for any pupils over the twenty maximum pupil-teacher ratio; and relating to bus assistants being classified as supervisory aides.

Be it enacted by the legislature of West Virginia:
That section eighteen-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections eight and eight-a, article four, chapter eighteen-a of said code be amended and reenacted; and that section eight, article five of said chapter be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18a. Maximum teacher-pupil ratio.
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.
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.
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.
During the school year one thousand nine hundred eighty-four--eighty-five, and thereafter, the state superintendent is authorized, consistent with sound education policy; (a) to 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 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 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.
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 through six is waived in schools where the schoolwide pupil-teacher ratio is twenty-five or less in grades one 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 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 through six for every day times the number of additional pupils enrolled up to the maximum pupils permitted in the teacher's classroom. Any classroom assistant assigned to a kindergarten classroom wherein there are more than twenty pupils shall also be paid additional compensation based upon the affected assistants daily rate and otherwise utilizing the same calculation used for kindergarten teachers. All such additional compensation shall be paid from county funds exclusively.
Notwithstanding any other provisions 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 t his 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.
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.
Each school principal shall assign students equitably among the classroom teacher, taking into consideration reasonable differences due to subject areas and/or grade levels.
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.
CHAPTER 18A. SCHOOL PERSONNEL.

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 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 reports for work, and if the employee works more than three and one-half hours on any Saturday or Sunday, he shall be paid for at least a full day of work for each such day.
Custodians, aides assistants, 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 assistants 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 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 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 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 Assistant I" means those personnel selected and trained for teacher-aide assistant classifications such as monitor aide assistant, clerical aide assistant, classroom aide assistant or general aide assistant.
"Aide Assistant II" means those personnel referred to in the "Aide Assistant 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 Assistant II class title shall be employed as an aide assistant in any special education program.
"Aide Assistant III" means those personnel referred to in the "Aide Assistant 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 Assistant IV" means personnel referred to in the "Aide Assistant 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 I" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board of education.
"Bus Operator II" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board of education, who have served in a position which meets the definition of "Bus Operator I" for ten years.
"Bus Operator III" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board of education, who have served in a position which meets the definition of "Bus Operator I" or "Bus Operator II" for twenty years.
"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 such 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 marshall.
"Electrician II" means personnel employed as an electrician journeyman or who holds a journeyman electrician license issued by the state fire marshall.
"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.
"Foreman" 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.
"Groudsmen" 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 ability 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.
"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 or personnel employed as a Secretary I who holds six hours of college credit. 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 such 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 or any personnel employed as a Secretary II who holds six hours of college credit.
"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 any provision of this code where public school employee shall be referred to by the job title "aide" it shall have the same meaning as "assistant" defined in this section.
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 such 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 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 such county boards. Further, he 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 such the order.
No service employee, without his written consent, may be reclassified by class title, nor may a service employee, without his written consent, be relegated to any condition of employment which would result in a reduction of his salary, rate of pay, compensation or benefits earned during the current fiscal year or which would result in a reduction of his salary, rate of pay, compensation or benefits for which he 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 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 ABCDEFGH

09509701,0101,0601,1101,1701,2001,270
19729921,0321,0821,1321,1921,2221,292
29941,0141,0541,1041,1541,2141,2441,314
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
281,5661,5861,6261,6761,7261,7861,8161,886
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
STATE MINIMUM PAY SCALE PAY GRADE I


Years of
Employ-
mentABCDEFGH

011601180122012701320138014101480
111881208124812981348140814381508
212161236127613261376143614661536
312441264130413541404146414941564
412721292133213821432149215221592
513001320136014101460152015501620
613281348138814381488154815781648
713561376141614661516157616061676
813841404144414941544160416341704
914121432147215221572163216621732
1014401460150015501600166016901760
1114681488152815781628168817181788
1214961516155616061656171617461816
1315241544158416341684174417741844
1415521572161216621712177218021872
1515801600164016901740180018301900
1616081628166817181768182818581928
1716361656169617461796185618861956
1816641684172417741824188419141984
1916921712175218021852191219422012
2017201740178018301880194019702040
2117481768180818581908196819982068
2217761796183618861936199620262096
2318041824186419141964202420542124
2418321852189219421992205220822152
2518601880192019702020208021102180
2618881908194819982048210821382208
2719161936197620262076213621662236
2819441964200420542104216421942264
2919721992203220822132219222222292
3020002020206021102160222022502320

MINIMUM PAY SCALE PAY GRADE II


Years of
Employ-
ment ABCDEFG H

013101330137014201470153015601630
113411361140114511501156115911661
213721392143214821532159216221692
314031423146315131563162316531723
414341454149415441594165416841754
514651485152515751625168517151785
614961516155616061656171617461816
715271547158716371687174717771847
815581578161816681718177818081878
915891609164916991749180918391909
1016201640168017301780184018701940
1116511671171117611811187119011971
1216821702174217921842190219322002
1317131733177318231873193319632033
1417441764180418541904196419942064
1517751795183518851935199520252095
1618061826186619161966202620562126
1718371857189719471997205720872157
1818681888192819782028208821182188
1918991919195920092059211921492219
2019301950199020402090215021802250
2119611981202120712121218122112281
2219922012205221022152221222422312
2320232043208321332183224322732343
2420542074211421642214227423042374
2520852105214521952245230523352405
2621162136217622262276233623662436
2721472167220722572307236723972467
2821782198223822882338239824282498
2922092229226923192369242924592529
3022402260230023502400246024902560


STATE MINIMUM PAY SCALE PAY GRADE III


Years of
Employ-
mentABCDEFGH

014601480152015701620168017101780
114941514155416041654171417441814
215281548158816381688174817781848
315621582162216721722178218121882
415961616165617061756181618461916
516301650169017401790185018801950
616641684172417741824188419141984
716981718175818081858191819482018
817321752179218421892195219822052
917661786182618761926198620162086
1018001820186019101960202020502120
1118341854189419441994205420842154
1218681888192819782028208821182188
1319021922196220122062212221522222
1419361956199620462096215621862256
1519701990203020802130219022202290
1620042024206421142164222422542324
1720382058209821482198225822882358
1820722092213221822232229223222392
1921062126216622162266232623562426
2021402160220022502300236023902460
2121742194223422842334239424242494
2222082228226823182368242824582528
2322422262230223522402246224922562
2422762296233623862436249625262596
2523102330237024202470253025602630
2623442364240424542504256425942664
2723782398243824882538259826282698
2824122432247225222572263226622732
2924462466250625562606266626962766
3024802500254025902640270027302800


CLASS TITLEPAY GRADE

Accountant ID
Accountant IIE
Accountant IIIF
Aide Assistant IA
Aide Assistant IIB
Aide Assistant IIIC
Aide Assistant IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus Operator ID
Bus Operator II E
Bus Operator IIIF
BuyerF
CabinetmakerG
Cafeteria ManagerD E
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA B
Cook IIB C
Cook IIIC D
Crew LeaderF
Custodian IA B
Custodian IIB C
Custodian IIIC D
Custodian IVD E
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 ClerkC
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
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
(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 ninety-five, through the thirtieth day of June, one thousand nine hundred ninety-six, 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; on and after the first day of July, one thousand nine hundred ninety-six, through the thirtieth day of June, one thousand nine hundred ninety-seven, 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 II" 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 II"; on and after the first day of July, one thousand nine hundred ninety-seven, 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 III" 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 III."
(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) An additional fifty dollars per month shall also be added to the minimum monthly pay of each service employee engaged in the building or maintenance of public school facilities who has obtained a special certification or licensure required by their job duties.
(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. following, the employee shall be paid no less than an additional ten dollars per month and one half of such 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 such 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 such 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) (8) No service employee shall have his or her daily work schedule changed during the school year without such employee's written consent, and such employee's required daily work hours shall 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 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 such an 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 shall include, but not be 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 employees' 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 assistant shall be considered to be exercising the authority of a supervisory aide assistant and control over pupils if the aide assistant is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certified professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever such supervision is required or whenever the assistant is assigned as a bus assistant.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-8. Authority of certain assistants to exercise control
over pupils; compensation; transfers.

(a) Within the limitations provided herein, any aide assistant 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 such aides assistants in the school who agree to exercise such authority on the basis of seniority as an aide assistant and shall enumerate the instances in which such authority shall be exercised by an aide assistant when requested by the principal, assistant principal or professional employee to whom the aide assistant is assigned: Provided, That such 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 assistant designated by the principal under this subsection and any assistant assigned to be a bus assistant shall receive a salary not less than one pay grade above the minimum salary to which said aide assistant would otherwise be entitled 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 assistant 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 assistant's contract of employment or that required of other aides assistants in the same school, unless the assignment of such the duties is mutually agreed upon by the aides assistants 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 The agreement shall be uniform as to aides assistants assigned similar duties for similar amounts of time within the same school. Aides Assistants shall have the option of agreeing to supervise students and of renewing related assignments annually: Provided, That should an aide assistant elect not to renew the previous agreement to supervise students. The minimum salary of such aide the assistant shall revert to the pay grade specified in section eight-a, article four of this chapter for the classification title held by the aide assistant and any county salary schedule in excess of the minimum requirements of this article.
(c) For the purpose of this section, aide assistant shall mean and include any aide assistant class title as defined in section eight, article four of this chapter, regardless of numeric classification.
(d) An aide assistant 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 assistant and the county superintendent, or the superintendent's designee, subject to board approval: Provided, That during the first year of employment as an aide assistant, an aide assistant shall not transfer to another position of employment during the first one-half school term of employment, unless mutually agreed upon by the aide assistant and county superintendent, subject to board approval.
(e) Regular service personnel employed in a category of employment other than aide assistant who seek employment as an aide assistant 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.




NOTE: The purpose of this bill is to rectify inequities in the salary schedule and pay grades for service personnel by upgrading the pay grade of cooks and custodians. It is to change the title of aide to assistant in order to avoid the negative connotations that have been attached to the term aides over the last decade. To provide a $50 per month supplement for maintenance employees who are required to obtain special certification or licensure to perform their jobs, to clarify when aides should be considered supervisory employees for purposes of receiving pay at a higher pay grade, to allow secretaries to move up one job classification upon receipt of six hours of college credits in an effort to recognize modern technology needs and training for secretaries and to provide that classroom aides or assistants in kindergarten classrooms which have more pupils than the maximum pupil/teacher ratio receive additional compensation as do professional personnel in said classrooms.

Strike throughs indicate language that would be stricken from the present law. Underscoring indicates language that would be added.