H. B. 2418
(By Delegates Marshall, Miley, Iaquinta, Fragale,
Caputo, Longstreth and Spencer)
[Introduced January 9, 2008; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-5-18a of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-4-8, §18A-4-8a and
§18A-4-8b of said code, all relating to increasing certain
county boards of education personnel salaries; rectifying
certain salary schedule and pay grade inequities; clarifying
certain pay grade and additional compensation qualifications
and allowing for service personnel seniority retention.
Be it enacted by the Legislature of West Virginia:
That §18-5-18a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18A-4-8, §18A-4-8a and
§18A-4-8b of said code 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
prekindergarten or
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 educational 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 prekindergarten or
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 prekindergarten or 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
school-wide 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 prekindergarten or 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 prekindergarten or
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 aide assigned to a prekindergarten or
kindergarten classroom wherein there are more than twenty pupils
enrolled shall also be paid additional compensation based upon his
or her daily rate of pay and otherwise utilizing the same
calculation used for prekindergarten and kindergarten teachers.
All such additional compensation shall be paid from county funds
exclusively.
Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-four, a teacher in
grades one, two or three or classrooms having two or more such
grade levels, shall not have more than two pupils above the
teacher/pupil ratio as set forth in this section: Provided, That
commencing with the school year beginning on the first day of July,
one thousand nine hundred ninety-five, such teacher shall not have more than one pupil above the teacher/pupil ratio as set forth in
this section: Provided, however, That commencing with the school
year beginning on the first day of July, one thousand nine hundred
ninety-six, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section.
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 teachers, 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.
(a) The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel may be no less than ten months. A month is defined as twenty employment days:
Provided, That the county board
may contract with all or part of these service personnel for a
longer term. The beginning and closing dates of the ten-month
employment term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month
basis may be employed by calendar months. Whenever there is a
change in job assignment during the school year, the minimum pay
scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for
more than the two hundred day minimum employment term shall be paid
for additional employment at a daily rate of not less than the
daily rate paid for the two hundred day minimum employment term.
(d) No service employee, without his or her agreement, may be
required to report for work more than five days per week and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If an employee whose regular work week is scheduled from
Monday through Friday agrees to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least
one-half day of work for each day he or she reports for work, and
if the employee works more than three and one-half hours on any
Saturday or Sunday, he or she shall be paid for at least a full day
of work for each day.
(f) Custodians, aides, maintenance, office and school lunch employees required to work a daily work schedule that is
interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation equal to at least one
eighth of their total salary as provided by their state minimum
salary and any county pay supplement, and payable entirely from
county funds:
Provided, That when engaged in duties of
transporting students exclusively, aides shall not be regarded as
working an interrupted schedule. Maintenance personnel are defined
as personnel who hold a classification title other than in a
custodial, aide, school lunch, office or transportation category as
provided in section one, article one of this chapter.
(g) Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
the employee's salary shall be made to comply with the requirements
of this article, and to any county salary schedule in excess of the
minimum requirements of this article, based upon the employee's
advanced classification and allowable years of employment.
(h) An employee's contract as provided in section five,
article two of this chapter shall state the appropriate monthly
salary the employee is to be paid, based on the class title as
provided in this article and any county salary schedule in excess
of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined as follows:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board in any position prior to or subsequent to the effective date
of this section and including service in the armed forces of the
United States, if the employee were employed at the time of his or
her induction. For the purpose of section eight-a of this article,
years of employment shall be limited to the number of years shown
and allowed under the state minimum pay scale as set forth in
section eight-a of this article;
(3) "Class title" means the name of the position or job held
by service personnel;
(4) "Accountant I" means personnel employed to maintain
payroll records and reports and perform one or more operations
relating to a phase of the total payroll;
(5) "Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting process
associated with billing, budgets, purchasing and related
operations;
(6) "Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable and/or
payroll procedures;
(7) "Accounts payable supervisor" means personnel who are
employed in the county board office who have primary responsibility
for the accounts payable function, which may include the
supervision of other personnel, and who have either completed
twelve college hours of accounting courses from an accredited
institution of higher education or have at least eight years of
experience performing progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide;
(9) "Aide II" means those personnel referred to in the "Aide
I" classification who have completed a training program approved by
the state board, or who hold a high school diploma or have received
a general educational development certificate. Only personnel
classified in an Aide II class title may be employed as an aide in
any special education program;
(10) "Aide III" means those personnel referred to in the "Aide
I" classification who hold a high school diploma or a general
educational development certificate and have completed six semester
hours of college credit at an institution of higher education or
are employed as an aide in a special education program and have one
year's experience as an aide in special education;
(11) "Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general educational development certificate and who have completed eighteen
hours of state board-approved college credit at a regionally
accredited institution of higher education, or who have completed
fifteen hours of state board-approved college credit at a
regionally accredited institution of higher education and
successfully completed an in-service training program determined by
the state board to be the equivalent of three hours of college
credit;
(12) "Audiovisual technician" means personnel employed to
perform minor maintenance on audiovisual equipment, films, supplies
and the filling of requests for equipment;
(13) "Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts;
(14) "Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined by
the state board:
Provided, That if any employee has held or holds
an aide title and becomes employed as an autism mentor, the
employee shall hold a multiclassification status that includes aide
and autism mentor titles, in accordance with section eight-b of
this article;
(15) "Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to students:
Provided, That if any employee has held or holds an aide
title and becomes employed as a braille or sign language
specialist, the employee shall hold a multiclassification status
that includes aide and braille or sign language specialist title,
in accordance with section eight-b of this article;
(16) "Bus operator
I" means personnel employed to operate
school buses and other school transportation vehicles as provided
by the state board;
(17) "Bus operator II" means personnel employed to operate
school buses and other 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;
(18) "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.
(17) (19) "Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs;
(18) (20) "Cabinetmaker" means personnel employed to
construct cabinets, tables, bookcases and other furniture;
(19) (21) "Cafeteria manager" means personnel employed to direct the operation of a food services program in a school,
including assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial reports
and keeping records pertinent to food services of a school;
(20) (22) "Carpenter I" means personnel classified as a
carpenter's helper;
(21) (23) "Carpenter II" means personnel classified as a
journeyman carpenter;
(22) (24) "Chief mechanic" means personnel employed to be
responsible for directing activities which ensure that student
transportation or other board-owned vehicles are properly and
safely maintained;
(23) (25) "Clerk I" means personnel employed to perform
clerical tasks;
(24) (26) "Clerk II" means personnel employed to perform
general clerical tasks, prepare reports and tabulations and operate
office machines;
(25) (27) "Computer operator" means qualified personnel
employed to operate computers;
(26) (28) "Cook I" means personnel employed as a cook's
helper;
(27) (29) "Cook II" means personnel employed to interpret
menus, to prepare and serve meals in a food service program of a school and shall include personnel who have been employed as a
"Cook I" for a period of four years, if the personnel have not been
elevated to this classification within that period of time;
(28) (30) "Cook III" means personnel employed to prepare and
serve meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school
system;
(29) (31) "Crew leader" means personnel employed to organize
the work for a crew of maintenance employees to carry out assigned
projects;
(30) (32) "Custodian I" means personnel employed to keep
buildings clean and free of refuse;
(31) (33) "Custodian II" means personnel employed as a
watchman or groundsman;
(32) (34) "Custodian III" means personnel employed to keep
buildings clean and free of refuse, to operate the heating or
cooling systems and to make minor repairs;
(33) (35) "Custodian IV" means personnel employed as head
custodians. In addition to providing services as defined in
"custodian III," their duties may include supervising other
custodian personnel;
(34) (36) "Director or coordinator of services" means
personnel who are assigned to direct a department or division.
Nothing in this subdivision may prohibit professional personnel or professional educators as defined in section one, article one of
this chapter, from holding this class title, but professional
personnel may not be defined or classified as service personnel
unless the professional personnel held a service personnel title
under this section prior to holding class title of "director or
coordinator of services." Directors or coordinators of service
positions shall be classified as either a professional personnel or
service personnel position for state aid formula funding purposes
and funding for directors or coordinators of service positions
shall be based upon the employment status of the director or
coordinator either as a professional personnel or service
personnel;
(35) (37) "Draftsman" means personnel employed to plan, design
and produce detailed architectural/engineering drawings;
(36) (38) "Electrician I" means personnel employed as an
apprentice electrician helper or who holds an electrician helper
license issued by the State Fire Marshal;
(37) (39) "Electrician II" means personnel employed as an
electrician journeyman or who holds a journeyman electrician
license issued by the State Fire Marshal;
(38) (40) "Electronic technician I" means personnel employed
at the apprentice level to repair and maintain electronic
equipment;
(39) (41) "Electronic technician II" means personnel employed at the journeyman level to repair and maintain electronic
equipment;
(40) (42)"Executive secretary" means personnel employed as the
county school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant administrative
duties;
(41) (43) "Food services supervisor" means qualified personnel
not defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and
supervise a county school system's food service program. The duties
would include preparing in-service training programs for cooks and
food service employees, instructing personnel in the areas of
quantity cooking with economy and efficiency and keeping aggregate
records and reports;
(42) (44) "Foremen" means skilled persons employed for
supervision of personnel who work in the areas of repair and
maintenance of school property and equipment;
(43) (45) "General maintenance" means personnel employed as
helpers to skilled maintenance employees and to perform minor
repairs to equipment and buildings of a county school system;
(44) (46) "Glazier" means personnel employed to replace glass
or other materials in windows and doors and to do minor carpentry
tasks;
(45) (47) "Graphic artist" means personnel employed to prepare graphic illustrations;
(46) (48) "Groundsmen" means personnel employed to perform
duties that relate to the appearance, repair and general care of
school grounds in a county school system. Additional assignments
may include the operation of a small heating plant and routine
cleaning duties in buildings;
(47) (49) "Handyman" means personnel employed to perform
routine manual tasks in any operation of the county school system;
(48) (50) "Heating and air conditioning mechanic I" means
personnel employed at the apprentice level to install, repair and
maintain heating and air conditioning plants and related electrical
equipment;
(49) (51) "Heating and air conditioning mechanic II" means
personnel employed at the journeyman level to install, repair and
maintain heating and air conditioning plants and related electrical
equipment;
(50) (52) "Heavy equipment operator" means personnel employed
to operate heavy equipment;
(51) (53) "Inventory supervisor" means personnel who are
employed to supervise or maintain operations in the receipt,
storage, inventory and issuance of materials and supplies;
(52) (54) "Key punch operator" means qualified personnel
employed to operate key punch machines or verifying machines;
(53) (55) "Locksmith" means personnel employed to repair and maintain locks and safes;
(54) (56) "Lubrication man" means personnel employed to
lubricate and service gasoline or diesel-powered equipment of a
county school system;
(55) (57) "Machinist" means personnel employed to perform
machinist tasks which include the ability to operate a lathe,
planer, shaper, threading machine and wheel press. These personnel
should also have, the ability to work from blueprints and drawings;
(56) (58) "Mail clerk" means personnel employed to receive,
sort, dispatch, deliver or otherwise handle letters, parcels and
other mail;
(57) (59) "Maintenance clerk" means personnel employed to
maintain and control a stocking facility to keep adequate tools and
supplies on hand for daily withdrawal for all school maintenance
crafts;
(58) (60) "Mason" means personnel employed to perform tasks
connected with brick and block laying and carpentry tasks related
to such laying;
(59) (61) "Mechanic" means personnel employed who can
independently perform skilled duties in the maintenance and repair
of automobiles, school buses and other mechanical and mobile
equipment to use in a county school system;
(60) (62) "Mechanic assistant" means personnel employed as a
mechanic apprentice and helper;
(61) (63) "Multiclassification" means personnel employed to
perform tasks that involve the combination of two or more class
titles in this section. In these instances the minimum salary scale
shall be the higher pay grade of the class titles involved;
(62) (64) "Office equipment repairman I" means personnel
employed as an office equipment repairman apprentice or helper;
(63) (65) "Office equipment repairman II" means personnel
responsible for servicing and repairing all office machines and
equipment. Personnel are responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair;
(64) (66) "Painter" means personnel employed to perform duties
of painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(65) (67) "Paraprofessional" means a person certified pursuant
to section two-a, article three of this chapter to perform duties
in a support capacity including, but not limited to, facilitating
in the instruction and direct or indirect supervision of pupils
under the direction of a principal, a teacher or another designated
professional educator: Provided, That no person employed on the
effective date of this section in the position of an aide may be
reduced in force or transferred to create a vacancy for the
employment of a paraprofessional: Provided, however, That if any employee has held or holds an aide title and becomes employed as a
paraprofessional, the employee shall hold a multiclassification
status that includes aide and paraprofessional titles in accordance
with section eight-b of this article: Provided further, That once
an employee who holds an aide title becomes certified as a
paraprofessional and is required to perform duties that may not be
performed by an aide without paraprofessional certification, he or
she shall receive the paraprofessional title pay grade;
(66) (68) "Payroll supervisor" means personnel who are
employed in the county board office who have primary responsibility
for the payroll function, which may include the supervision of
other personnel, and who have either completed twelve college hours
of accounting from an accredited institution of higher education or
have at least eight years of experience performing progressively
difficult accounting tasks;
(67) (69) "Plumber I" means personnel employed as an
apprentice plumber and helper;
(68) (70) "Plumber II" means personnel employed as a
journeyman plumber;
(69) (71) "Printing operator" means personnel employed to
operate duplication equipment, and as required, to cut, collate,
staple, bind and shelve materials;
(70) (72) "Printing supervisor" means personnel employed to
supervise the operation of a print shop;
(71) (73) "Programmer" means personnel employed to design and
prepare programs for computer operation;
(72) (74) "Roofing/sheet metal mechanic" means personnel
employed to install, repair, fabricate and maintain roofs, gutters,
flashing and duct work for heating and ventilation;
(73) (75) "Sanitation plant operator" means personnel employed
to operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
environmental protection;
(74) (76) "School bus supervisor" means qualified personnel
employed to assist in selecting school bus operators and routing
and scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses and
promoting good relationships with parents, pupils, bus operators
and other employees;
(75) (77) "Secretary I" means personnel employed to transcribe
from notes or mechanical equipment, receive callers, perform
clerical tasks, prepare reports and operate office machines;
(76) (78) "Secretary II" means personnel employed in any
elementary, secondary, kindergarten, nursery, special education,
vocational or any other school as a secretary. The duties may
include performing general clerical tasks, transcribing from notes
or stenotype or mechanical equipment or a sound-producing machine,
preparing reports, receiving callers and referring them to proper persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied in this
subdivision that would prevent the employees from holding or being
elevated to a higher classification;
(77) (79) "Secretary III" means personnel assigned to the
county board office administrators in charge of various
instructional, maintenance, transportation, food services,
operations and health departments, federal programs or departments
with particular responsibilities of purchasing and financial
control or any personnel who have served in a position which meets
the definition of "secretary II" or "secretary III" in this section
for eight years;
(78) (80) "Supervisor of maintenance" means skilled personnel
not defined as professional personnel or professional educators as
in section one, article one of this chapter. The responsibilities
would include directing the upkeep of buildings and shops, issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical
equipment of a board;
(79) (81) "Supervisor of transportation" means qualified
personnel employed to direct school transportation activities,
properly and safely, and to supervise the maintenance and repair of
vehicles, buses and other mechanical and mobile equipment used by
the county school system;
(80) (82) "Switchboard operator-receptionist" means personnel
employed to refer incoming calls, to assume contact with the
public, to direct and to give instructions as necessary, to operate
switchboard equipment and to provide clerical assistance;
(81) (83) "Truck driver" means personnel employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(82) (84) "Warehouse clerk" means personnel employed to be
responsible for receiving, storing, packing and shipping goods;
(83) (85) "Watchman" means personnel employed to protect
school property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning
duties; and
(84) (86) "Welder" means personnel employed to provide
acetylene or electric welding services for a school system.
(85) (87) "WVEIS data entry and administrative clerk" means
personnel employed to work under the direction of a school
principal to assist the school counselor or counselors in the
performance of administrative duties, to perform data entry tasks
on the West Virginia education information system, and to perform
other administrative duties assigned by the principal.
(j) In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee is, notwithstanding any provisions in this code to the
contrary, entitled to all service personnel employee rights, privileges and benefits provided under this or any other chapter of
this code without regard to the employee's hours of employment or
the methods or sources of compensation.
(k) Service personnel whose years of employment exceed the
number of years shown and provided for under the state minimum pay
scale set forth in section eight-a of this article may not be paid
less than the amount shown for the maximum years of employment
shown and provided for in the classification in which he or she is
employed.
(l) The county boards shall review each service personnel
employee job classification annually and shall reclassify all
service employees as required by the job classifications. The
State Superintendent of schools may withhold state funds
appropriated pursuant to this article for salaries for service
personnel who are improperly classified by the county boards.
Further, the State Superintendent shall order county boards to
correct immediately any improper classification matter and with the
assistance of the Attorney General shall take any legal action
necessary against any county board to enforce the order.
(m) No service employee, without his or her written consent,
may be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the current fiscal year or which would result in a reduction of his or
her salary, rate of pay, compensation or benefits for which he or
she would qualify by continuing in the same job position and
classification held during that fiscal year and subsequent years.
(n) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and is liable to any
party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
(o) Notwithstanding any provisions in this code to the
contrary, service personnel who hold a continuing contract in a
specific job classification and who are physically unable to
perform the job's duties as confirmed by a physician chosen by the
employee shall be given priority status over any employee not
holding a continuing contract in filling other service personnel
job vacancies if qualified as provided in section eight-e of this
article.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8a. Service personnel minimum monthly salaries.
(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 I and the minimum monthly pay for each service
employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated
in the State Minimum Pay Scale Pay Grade I set forth in this
section: Provided, That beginning on the first day of the second
quarter of the service employee's employment term in the school
year two thousand five-two thousand 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 II and the
minimum monthly pay for each service employee whose employment is
for a period of three and one-half hours or less a day shall be at
least one-half the amount indicated in the State Minimum Pay Scale
Pay Grade II set forth in this section: Provided, however, That
any salary increase that a service employee is entitled to receive
as a result of the enactment of the State Minimum Pay Scale Pay
Grade II shall not be paid until the first pay date after the first
day of November, two thousand five.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
Employment
Pay Grade
A
B C D E F G H
0
|
1,366
|
1,386
|
1,426
|
1,476
|
1,526
|
1,586
|
1,616
|
1,686
|
1
|
1,397
|
1,417
|
1,457
|
1,507
|
1,557
|
1,617
|
1,647
|
1,717
|
2
|
1,428
|
1,448
|
1,488
|
1,538
|
1,588
|
1,648
|
1,678
|
1,748
|
3
|
1,459
|
1,479
|
1,519
|
1,569
|
1,619
|
1,679
|
1,709
|
1,779
|
4
|
1,490
|
1,510
|
1,550
|
1,600
|
1,650
|
1,710
|
1,740
|
1,810
|
5
|
1,521
|
1,541
|
1,581
|
1,631
|
1,681
|
1,741
|
1,771
|
1,841
|
6
|
1,552
|
1,572
|
1,612
|
1,662
|
1,712
|
1,772
|
1,802
|
1,872
|
7
|
1,583
|
1,603
|
1,643
|
1,693
|
1,743
|
1,803
|
1,833
|
1,903
|
8
|
1,614
|
1,634
|
1,674
|
1,724
|
1,774
|
1,834
|
1,864
|
1,934
|
9
|
1,645
|
1,665
|
1,705
|
1,755
|
1,805
|
1,865
|
1,895
|
1,965
|
10
|
1,676
|
1,696
|
1,736
|
1,786
|
1,836
|
1,896
|
1,926
|
1,996
|
11
|
1,707
|
1,727
|
1,767
|
1,817
|
1,867
|
1,927
|
1,957
|
2,027
|
12
|
1,738
|
1,758
|
1,798
|
1,848
|
1,898
|
1,958
|
1,988
|
2,058
|
13
|
1,769
|
1,789
|
1,829
|
1,879
|
1,929
|
1,989
|
2,019
|
2,089
|
14
|
1,800
|
1,820
|
1,860
|
1,910
|
1,960
|
2,020
|
2,050
|
2,120
|
15
|
1,831
|
1,851
|
1,891
|
1,941
|
1,991
|
2,051
|
2,081
|
2,151
|
16
|
1,862
|
1,882
|
1,922
|
1,972
|
2,022
|
2,082
|
2,112
|
2,182
|
17
|
1,893
|
1,913
|
1,953
|
2,003
|
2,053
|
2,113
|
2,143
|
2,213
|
18
|
1,924
|
1,944
|
1,984
|
2,034
|
2,084
|
2,144
|
2,174
|
2,244
|
19
|
1,955
|
1,975
|
2,015
|
2,065
|
2,115
|
2,175
|
2,205
|
2,275
|
20
|
1,986
|
2,006
|
2,046
|
2,096
|
2,146
|
2,206
|
2,236
|
2,306
|
21
|
2,017
|
2,037
|
2,077
|
2,127
|
2,177
|
2,237
|
2,267
|
2,337
|
22
|
2,048
|
2,068
|
2,108
|
2,158
|
2,208
|
2,268
|
2,298
|
2,368
|
23
|
2,079
|
2,099
|
2,139
|
2,189
|
2,239
|
2,299
|
2,329
|
2,399
|
24
|
2,110
|
2,130
|
2,170
|
2,220
|
2,270
|
2,330
|
2,360
|
2,430
|
25
|
2,141
|
2,161
|
2,201
|
2,251
|
2,301
|
2,361
|
2,391
|
2,461
|
26
|
2,172
|
2,192
|
2,232
|
2,282
|
2,332
|
2,392
|
2,422
|
2,492
|
27
|
2,203
|
2,223
|
2,263
|
2,313
|
2,363
|
2,423
|
2,453
|
2,523
|
28
|
2,234
|
2,254
|
2,294
|
2,344
|
2,394
|
2,454
|
2,484
|
2,554
|
29
|
2,265
|
2,285
|
2,325
|
2,375
|
2,425
|
2,485
|
2,515
|
2,585
|
30
|
2,296
|
2,316
|
2,356
|
2,406
|
2,456
|
2,516
|
2,546
|
2,616
|
31
|
2,327
|
2,347
|
2,387
|
2,437
|
2,487
|
2,547
|
2,577
|
2,647
|
32
|
2,358
|
2,378
|
2,418
|
2,468
|
2,518
|
2,578
|
2,608
|
2,678
|
33
|
2,389
|
2,409
|
2,449
|
2,499
|
2,549
|
2,609
|
2,639
|
2,709
|
34
|
2,420
|
2,440
|
2,480
|
2,530
|
2,580
|
2,640
|
2,670
|
2,740
|
35
|
2,451
|
2,471
|
2,511
|
2,561
|
2,611
|
2,671
|
2,701
|
2,771
|
36
|
2,482
|
2,502
|
2,542
|
2,592
|
2,642
|
2,702
|
2,732
|
2,802
|
37
|
2,513
|
2,533
|
2,573
|
2,623
|
2,673
|
2,733
|
2,763
|
2,833
|
38
|
2,544
|
2,564
|
2,604
|
2,654
|
2,704
|
2,764
|
2,794
|
2,864
|
39
|
2,575
|
2,595
|
2,635
|
2,685
|
2,735
|
2,795
|
2,825
|
2,895
|
40
|
2,606
|
2,626
|
2,666
|
2,716
|
2,766
|
2,826
|
2,856
|
2,926
|
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
Employment
Pay Grade
A
B C D E F G H
0
|
1,456
|
1,476
|
1,516
|
1,566
|
1,616
|
1,676
|
1,706
|
1,776
|
1
|
1,487
|
1,507
|
1,547
|
1,597
|
1,647
|
1,707
|
1,737
|
1,807
|
2
|
1,518
|
1,538
|
1,578
|
1,628
|
1,678
|
1,738
|
1,768
|
1,838
|
3
|
1,549
|
1,569
|
1,609
|
1,659
|
1,709
|
1,769
|
1,799
|
1,869
|
4
|
1,580
|
1,600
|
1,640
|
1,690
|
1,740
|
1,800
|
1,830
|
1,900
|
5
|
1,611
|
1,631
|
1,671
|
1,721
|
1,771
|
1,831
|
1,861
|
1,931
|
6
|
1,642
|
1,662
|
1,702
|
1,752
|
1,802
|
1,862
|
1,892
|
1,962
|
7
|
1,673
|
1,693
|
1,733
|
1,783
|
1,833
|
1,893
|
1,923
|
1,993
|
8
|
1,704
|
1,724
|
1,764
|
1,814
|
1,864
|
1,924
|
1,954
|
2,024
|
9
|
1,735
|
1,755
|
1,795
|
1,845
|
1,895
|
1,955
|
1,985
|
2,055
|
10
|
1,766
|
1,786
|
1,826
|
1,876
|
1,926
|
1,986
|
2,016
|
2,086
|
11
|
1,797
|
1,817
|
1,857
|
1,907
|
1,957
|
2,017
|
2,047
|
2,117
|
12
|
1,828
|
1,848
|
1,888
|
1,938
|
1,988
|
2,048
|
2,078
|
2,148
|
13
|
1,859
|
1,879
|
1,919
|
1,969
|
2,019
|
2,079
|
2,109
|
2,179
|
14
|
1,890
|
1,910
|
1,950
|
2,000
|
2,050
|
2,110
|
2,140
|
2,210
|
15
|
1,921
|
1,941
|
1,981
|
2,031
|
2,081
|
2,141
|
2,171
|
2,241
|
16
|
1,952
|
1,972
|
2,012
|
2,062
|
2,112
|
2,172
|
2,202
|
2,272
|
17
|
1,983
|
2,003
|
2,043
|
2,093
|
2,143
|
2,203
|
2,233
|
2,303
|
18
|
2,014
|
2,034
|
2,074
|
2,124
|
2,174
|
2,234
|
2,264
|
2,334
|
19
|
2,045
|
2,065
|
2,105
|
2,155
|
2,205
|
2,265
|
2,295
|
2,365
|
20
|
2,076
|
2,096
|
2,136
|
2,186
|
2,236
|
2,296
|
2,326
|
2,396
|
21
|
2,107
|
2,127
|
2,167
|
2,217
|
2,267
|
2,327
|
2,357
|
2,427
|
22
|
2,138
|
2,158
|
2,198
|
2,248
|
2,298
|
2,358
|
2,388
|
2,458
|
23
|
2,169
|
2,189
|
2,229
|
2,279
|
2,329
|
2,389
|
2,419
|
2,489
|
24
|
2,200
|
2,220
|
2,260
|
2,310
|
2,360
|
2,420
|
2,450
|
2,520
|
25
|
2,231
|
2,251
|
2,291
|
2,341
|
2,391
|
2,451
|
2,481
|
2,551
|
26
|
2,262
|
2,282
|
2,322
|
2,372
|
2,422
|
2,482
|
2,512
|
2,582
|
27
|
2,293
|
2,313
|
2,353
|
2,403
|
2,453
|
2,513
|
2,543
|
2,613
|
28
|
2,324
|
2,344
|
2,384
|
2,434
|
2,484
|
2,544
|
2,574
|
2,644
|
29
|
2,355
|
2,375
|
2,415
|
2,465
|
2,515
|
2,575
|
2,605
|
2,675
|
30
|
2,386
|
2,406
|
2,446
|
2,496
|
2,546
|
2,606
|
2,636
|
2,706
|
31
|
2,417
|
2,437
|
2,477
|
2,527
|
2,577
|
2,637
|
2,667
|
2,737
|
32
|
2,448
|
2,468
|
2,508
|
2,558
|
2,608
|
2,668
|
2,698
|
2,768
|
33
|
2,479
|
2,499
|
2,539
|
2,589
|
2,639
|
2,699
|
2,729
|
2,799
|
34
|
2,510
|
2,530
|
2,570
|
2,620
|
2,670
|
2,730
|
2,760
|
2,830
|
35
|
2,541
|
2,561
|
2,601
|
2,651
|
2,701
|
2,761
|
2,791
|
2,861
|
36
|
2,572
|
2,592
|
2,632
|
2,682
|
2,732
|
2,792
|
2,822
|
2,892
|
37
|
2,603
|
2,623
|
2,663
|
2,713
|
2,763
|
2,823
|
2,853
|
2,923
|
38
|
2,634
|
2,654
|
2,694
|
2,744
|
2,794
|
2,854
|
2,884
|
2,954
|
39
|
2,665
|
2,685
|
2,725
|
2,775
|
2,825
|
2,885
|
2,915
|
2,985
|
40
|
2,696
|
2,716
|
2,756
|
2,806
|
2,856
|
2,916
|
2,946
|
3,016
|
CLASS TITLE
PAY GRADE
Accountant I
D
Accountant II
E
Accountant III
F
Accounts Payable Supervisor
G
Aide I
A
Aide II
B
Aide III
C
Aide IV
D
Audiovisual Technician
C
Auditor
G
Autism Mentor
E
Braille or Sign Language Specialist
E
Bus OperatorD
Bus Operator II
E
Bus Operator IIIF
Buyer
F
Cabinetmaker
G
Cafeteria Manager
DE
Carpenter I
E
Carpenter II
F
Chief Mechanic
G
Clerk I
B
Clerk II
C
Computer Operator
E
Cook I
A B
Cook II
B C
Cook III
C D
Crew Leader
F
Custodian I
A B
Custodian II
B C
Custodian III
C D
Custodian IV
D E
Director or Coordinator of Services
H
Draftsman
D
Electrician I
F
Electrician II
G
Electronic Technician I
F
Electronic Technician II
G
Executive Secretary
G
Food Services Supervisor
G
Foreman
G
General Maintenance
C
Glazier
D
Graphic Artist
D
Groundsman
B
Handyman
B
Heating and Air Conditioning Mechanic I
E
Heating and Air Conditioning Mechanic II
G
Heavy Equipment Operator
E
Inventory Supervisor
D
Key Punch Operator
B
Locksmith
G
Lubrication Man
C
Machinist
F
Mail Clerk
D
Maintenance Clerk
C
Mason
G
Mechanic
F
Mechanic Assistant
E
Office Equipment Repairman I
F
Office Equipment Repairman II
G
Painter
E
Paraprofessional
F
Payroll Supervisor
G
Plumber I
E
Plumber II
G
Printing Operator
B
Printing Supervisor
D
Programmer
H
Roofing/Sheet Metal Mechanic
F
Sanitation Plant Operator
F
School Bus Supervisor
E
Secretary I
D
Secretary II
E
Secretary III
F
Supervisor of Maintenance
H
Supervisor of Transportation
H
Switchboard Operator-Receptionist
D
Truck Driver
D
Warehouse Clerk
C
Watchman
B
Welder
F
WVEIS Data Entry and Administrative Clerk
B
(2) An additional twelve dollars per month shall be added to
the minimum monthly pay of each service employee who holds a high
school diploma or its equivalent.
(3) Until the first day of July, two thousand two, an
additional ten dollars per month also shall be added to the minimum
monthly pay of each service employee for each of the following, and
beginning the first day of July, two thousand two, the ten dollars
per month shall be increased to an additional eleven dollars per
month for each of subdivisions (A) through (J), inclusive, of this
subsection only and beginning the first day of July, two thousand
two, the ten dollars per month shall be increased to an additional
forty dollars per month for each of subdivisions (K) through (N),
inclusive, of this subsection only:
(A) A service employee who holds twelve college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(B) A service employee who holds twenty-four college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(C) A service employee who holds thirty-six college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(D) A service employee who holds forty-eight college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(E) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(F) A service employee who holds seventy-two college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(G) A service employee who holds eighty-four college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(H) A service employee who holds ninety-six college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(I) A service employee who holds one hundred eight college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(J) A service employee who holds one hundred twenty college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(K) A service employee who holds an associate's degree;
(L) A service employee who holds a bachelor's degree;
(M) A service employee who holds a master's degree;
(N) A service employee who holds a doctorate degree.
(4) Effective the first day of July, two thousand two, an
additional eleven dollars per month shall be added to the minimum
monthly pay of each service employee for each of the following:
(A) A service employee who holds a bachelor's degree plus
fifteen college hours;
(B) A service employee who holds a master's degree plus
fifteen college hours;
(C) A service employee who holds a master's degree plus thirty
college hours;
(D) A service employee who holds a master's degree plus
forty-five college hours; and
(E) A service employee who holds a master's degree plus sixty
college hours.
(5) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and
five o'clock a.m. the following day, the employee shall be paid no
less than an additional ten dollars per month and one half of the
pay shall be paid with local funds.
(6) Any service employee required to work on any legal school
holiday shall be paid at a rate one and one-half times the
employee's usual hourly rate.
(7) Any full-time service personnel required to work in excess
of their normal working day during any week which contains a school
holiday for which they are paid shall be paid for the additional
hours or fraction of the additional hours at a rate of one and
one-half times their usual hourly rate and paid entirely from
county board funds.
(8) No service employee may have his or her daily work
schedule changed during the school year without the employee's
written consent and the employee's required daily work hours may
not be changed to prevent the payment of time and one-half wages or
the employment of another employee.
(9) The minimum hourly rate of pay for extra duty assignments
as defined in section eight-b of this article shall be no less than
one seventh of the employee's daily total salary for each hour the
employee is involved in performing the assignment and paid entirely
from local funds:
Provided, That an alternative minimum hourly
rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate
hourly rate of pay is approved both by the county board and by the
affirmative vote of a two-thirds majority of the regular full-time
employees within that classification category of employment within
that county:
Provided, however, That the vote shall be by secret
ballot if requested by a service personnel employee within that
classification category within that county. The salary for any
fraction of an hour the employee is involved in performing the
assignment shall be prorated accordingly. When performing extra
duty assignments, employees who are regularly employed on a
one-half day salary basis shall receive the same hourly extra duty
assignment pay computed as though the employee were employed on a
full-day salary basis.
(10) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties
required for asbestos removal shall be their regular total daily
rate of pay and no less than an additional three dollars per hour
or no less than five dollars per hour for service personnel
supervising asbestos removal responsibilities for each hour these
employees are involved in asbestos related duties. Related duties
required for asbestos removal include, but are not limited to,
travel, preparation of the work site, removal of asbestos
decontamination of the work site, placing and removal of equipment
and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the
employee's regular employment county, the daily rate of pay shall
be no less than the minimum amount as established in the employee's
regular employment county for asbestos removal and an additional
thirty dollars per each day the employee is engaged in asbestos
removal and related duties. The additional pay for asbestos
removal and related duties shall be payable entirely from county
funds. Before service personnel employees may be utilized in the
removal of asbestos material or related duties, they shall have
completed a federal Environmental Protection Act-approved training
program and be licensed. The employer shall provide all necessary
protective equipment and maintain all records required by the
Environmental Protection Act.
(11) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a supervisory
aide and control over pupils if the aide is required to supervise,
control, direct, monitor, escort or render service to a child or
children when not under the direct supervision of certificated
professional personnel within the classroom, library, hallway,
lunchroom, gymnasium, school building, school grounds or wherever
supervision is required. For purposes of this section, "under the
direct supervision of certificated professional personnel" means
that certificated professional personnel is present, with and accompanying the aide.
§18A-4-8b. Seniority rights for school service personnel.
(a) A county board shall make decisions affecting promotions
and the filling of any service personnel positions of employment or
jobs occurring throughout the school year that are to be performed
by service personnel as provided in section eight of this article,
on the basis of seniority, qualifications and evaluation of past
service.
(b) Qualifications shall mean that the applicant holds a
classification title in his category of employment as provided in
this section and must be given first opportunity for promotion and
filling vacancies. Other employees then must be considered and
shall qualify by meeting the definition of the job title as defined
in section eight of this article, that relates to the promotion or
vacancy. If requested by the employee, the board must show valid
cause why an employee with the most seniority is not promoted or
employed in the position for which he or she applies. Applicants
shall be considered in the following order:
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued
in accordance with this section;
(3) Professional personnel who held temporary service
personnel jobs or positions prior to the ninth day of June, one
thousand nine hundred eighty-two, and who apply only for such temporary jobs or positions;
(4) Substitute service personnel; and
(5) New service personnel.
(c) The county board may not prohibit a service employee from
retaining or continuing his employment in any positions or jobs
held prior to the effective date of this section and thereafter.
(d) A promotion shall be defined as any change in his
employment that the employee deems to improve his working
circumstance within his classification category of employment and
shall include a transfer to another classification category or
place of employment if the position is not filled by an employee
who holds a title within that classification category of
employment. Each class title listed in section eight of this
article shall be considered a separate classification category of
employment for service personnel, except for those class titles
having Roman numeral designations, which shall be considered a
single classification of employment. The cafeteria manager class
title shall be included in the same classification category as
cooks. The executive secretary class title shall be included in
the same classification category as secretaries. Paraprofessional,
autism mentor and braille or sign language specialist class titles
shall be included in the same classification category as aides.
The mechanic assistant and chief mechanic class titles shall be
included in the same classification category as mechanics.
(e) For purposes of determining seniority under this section
an employee's seniority begins on the date that he or she enters
into his assigned duties.
(f) Notwithstanding any other provisions of this chapter to
the contrary, decisions affecting service personnel with respect to
extra-duty assignments shall be made in the following manner: An
employee with the greatest length of service time in a particular
category of employment shall be given priority in accepting extra
duty assignments, followed by other fellow employees on a rotating
basis according to the length of their service time until all such
employees have had an opportunity to perform similar assignments.
The cycle then shall be repeated:
Provided, That an alternative
procedure for making extra-duty assignments within a particular
classification category of employment may be utilized if the
alternative procedure is approved both by the county board and by
an affirmative vote of two thirds of the employees within that
classification category of employment. For the purpose of this
section, "extra-duty assignments" are defined as irregular jobs
that occur periodically or occasionally such as, but not limited
to, field trips, athletic events, proms, banquets and band festival
trips.
(g) Boards shall post and date notices of all job vacancies of
established existing or newly created positions in conspicuous
places for all school service employees to observe for at least five working days. The notice of the job vacancies shall include
the job description, the period of employment, the amount of pay
and any benefits and other information that is helpful to the
employees to understand the particulars of the job. After the
five-day minimum posting period all vacancies shall be filled
within twenty working days from the posting date notice of any job
vacancies of established existing or newly created positions. Job
postings for vacancies made pursuant to this section shall be
written so as to ensure that the largest possible pool of qualified
applicants may apply. Job postings may not require criteria which
are not necessary for the successful performance of the job and may
not be written with the intent to favor a specific applicant.
(h) All decisions by county boards concerning reduction in
work force of service personnel shall be made on the basis of
seniority, as provided in this section.
(i) The seniority of any service personnel shall be determined
on the basis of the length of time the employee has been employed
by the county board within a particular job classification:
Provided, That service personnel who transfer from one job
classification to another shall retain the amount of seniority held
at the time of transfer for the purposes of bidding on a job in the
previously held job classification and any reduction in force. For
the purpose of establishing seniority for a preferred recall list
as provided in this section, when an employee has been employed in one or more classifications, the seniority accrued in each previous
classification shall be retained by the employee.
(j) If a county board is required to reduce the number of
employees within a particular job classification, the employee with
the least amount of seniority within that classification or grades
of classification shall be properly released and employed in a
different grade of that classification if there is a job vacancy:
Provided, That
an employee subject to release shall be employed in
any other classification position where the employee is qualified
and was previously employed. If the employee's seniority is greater
than the seniority of any other employee in that classification,
the employee with the least seniority in that classification shall
be released and the employee with the greater seniority shall be
placed in that position. If there are more than one employee with
less seniority than the person to be released in one or more
classifications where he/she was previously employed, the employee
with the least amount of seniority in any of the affected
classifications shall be released and the employee with the greater
seniority shall be placed in that position. if there is no job
vacancy for employment within the classification or grades of
classification he or she shall be employed in any other job
classification which he or she previously held with the county
board if there is a vacancy and shall retain any seniority accrued
in the job classification or grade of classification.
(k) If, prior to the first day of August after a reduction in
force or transfer is approved, the reason for any particular
reduction in force or transfer no longer exists as determined by
the county board in its sole and exclusive judgment, the board
shall rescind the reduction in force or transfer and shall notify
the affected employee in writing of his or her right to be restored
to his or her former position of employment. Within five days of
being so notified, the affected employee shall notify the board of
his or her intent to return to his or her former position of
employment or the right of restoration to the former position shall
terminate:
Provided, That the board shall not rescind the
reduction in force of an employee until all employees with more
seniority in the classification category on the preferred recall
list have been offered the opportunity for recall to regular
employment as provided in this section. If there are insufficient
vacant positions to permit reemployment of all more senior
employees on the preferred recall list within the classification
category of the employee who was subject to reduction in force, the
position of the released employee shall be posted and filled in
accordance with this section.
(l) If two or more employees accumulate identical seniority,
the priority shall be determined by a random selection system
established by the employees and approved by the county board.
(m) All employees whose seniority with the county board is insufficient to allow their retention by the county board during a
reduction in work force shall be placed upon a preferred recall
list and shall be recalled to employment by the county board on the
basis of seniority.
(n) Employees placed upon the preferred list shall be recalled
to any position openings by the county board within the
classification(s), where they had previously been employed, or to
any lateral position for which the employee is qualified or to a
lateral area for which an employee has certification and/or
licensure.
(o) Employees on the preferred recall list shall not forfeit
their right to recall by the county board if compelling reasons
require an employee to refuse an offer of reemployment by the
county board.
(p) The county board shall notify all employees on the
preferred recall list of all position openings that from time to
time exist. The notice shall be sent by certified mail to the last
known address of the employee; it is the duty of each such employee
to notify the county board of any change in the address of the
employee.
(q) No position openings may be filled by the county board,
whether temporary or permanent, until all employees on the
preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept reemployment.
(r) An employee released from employment for lack of need as
provided in section eight-a or six, article two of this chapter
shall be accorded preferred recall status on the first day of July
of the succeeding school year if the employee has not been
reemployed as a regular employee.
(s) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and is liable to any
party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court. Further, employees denied promotion or
employment in violation of this section shall be awarded the job,
pay and any applicable benefits retroactively to the date of the
violation and shall be paid entirely from local funds. Further,
the board is liable to any party prevailing against the board for
any court reporter costs including copies of transcripts.
NOTE: The purpose of this bill is to increase service
personnel salaries by six percent and to rectify inequities in
their salary schedules and pay grades by upgrading the pay grades
of cooks and custodians and adding pay grades to the bus operator
classification. To clarify when aides should be considered
supervisory employees for purposes of receiving pay at a higher pay
grade and to provide that classroom aides in kindergarten
classrooms which have more pupils than the maximum pupil/teacher
ratio receive additional compensation as to professional personnel
in the classrooms and to allow service personnel to retain their
seniority for purposes of reduction in force when they move from
one classification to another.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.