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.]
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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.