COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 625
(By Senators Plymale, Edgell, Barnes, Jenkins and Oliverio)
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[Originating in the Committee on Education;
reported February 20, 2008.]
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A BILL to amend and reenact §18A-2-9 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18A-4-3 and
§18A-4-7a of said code, all relating to school principals;
requiring each school principal to make recommendations
regarding the appointment, assignment, promotion, transfer and
dismissal of all personnel assigned to the school under the
principal's control; adding the principal's recommendations to
the seven existing criteria to be considered when hiring
professional personnel; and increasing the principal's
increment.
Be it enacted by the Legislature of West Virginia:
That §18A-2-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18A-4-3 and §18A-4-7a of said
code be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-9. Duties and responsibilities of school principals; assistant principals.
(a) Upon the recommendation of the county superintendent
of
schools, the county board
of education shall employ and assign,
through written contract, public school principals who shall
supervise the management and the operation of the school or schools
to which they are assigned.
Such The principals shall hold valid
administrative certificates appropriate for their assignments.
(b) Beginning on the first day of July, one thousand nine
hundred ninety-four, the prerequisites for issuance of an
administrative certificate for principals shall include that the
person has successfully completed at least six credit hours of
approved course work in public school management techniques at an
accredited institution of higher education and has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education and
training in evaluation skills approved by the state board.
(c) Under the supervision of the superintendent and in
accordance with the rules
and regulations of the county board
of
education, the principal shall assume administrative and
instructional supervisory responsibility for the planning,
management, operation and evaluation of the total educational
program of the school or schools to which he
or she is assigned.
(d) The principal
may shall submit recommendations to the
superintendent regarding the appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the school or
schools under
said the principal's control.
Such The recommendation shall be submitted in writing as prescribed by the
superintendent.
(e) The principal shall perform such other duties as may be
assigned by the superintendent pursuant to the rules
and
regulations of the county board
of education.
(f) Upon recommendation of the county superintendent
of
schools, the county board
of education shall, when needed, employ
and assign, through written contract, assistant principals who
shall work under the direction of the school principal.
Such The
assistant principals shall hold valid administrative certificates
appropriate for their assignments.
(g) On or before the first day of July, one thousand nine
hundred eighty-nine and continuing thereafter, each county board
of
education shall assign a
certificated certified principal to each
school and no principal may be assigned more than two schools:
Provided, That where enrollment exceeds four hundred students there
will be no additional schools assigned to that principal.
(h) No principal assigned to more than one school may be
assigned any teaching duties except on a temporary emergency basis.
No county shall have more teaching principalships or multi-school
principalships than was present on the first day of January, one
thousand nine hundred eighty-eight.
(i) On or before the first day of July, one thousand nine
hundred ninety-three and continuing thereafter, each county board
of education shall employ a full-time supervising principal at each
school whose net enrollment equals or exceeds one hundred seventy students. A principal assigned to a school with a net enrollment
equal to or greater than one hundred seventy students may not be
assigned any teaching duties except on a temporary emergency basis.
When a principal is assigned on a full-time basis to a school whose
net enrollment is more than seventy-five students but less than one
hundred seventy students,
such the principal shall have a minimum
of twenty hours per week for nonteaching duties. A principal
assigned on a full-time basis to a school with seventy-five
students or less shall have a minimum of ten hours per week for
nonteaching duties.
Provided, That nothing Nothing in this section
prohibits a county board
of education from assigning a full-time
supervising principal to a school with a net enrollment of less
than one hundred seventy students.
(j) Nothing contained in this section shall be construed to
reduce or limit the rights and privileges of principals and
assistant principals as teachers under the provisions of section
one, article one, chapter eighteen of the Code of West Virginia as
amended; section one, article one, chapter eighteen-a; and other
provisions of this code.
Provided, That on or before the first day
of July, one thousand nine hundred ninety-three, the state Board of
Education shall not deny a county board of education the right to
place a principal in a school with less than one hundred seventy
students.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-3. State minimum annual salary increments for principals and assistant principals.
(a) In addition to any salary increments for principals and
assistant principals, in effect on the first day of January, two
thousand
two eight, and paid from local funds, and in addition to
the county schedule in effect for teachers, the county board shall
pay each principal, a principal's salary increment and each
assistant principal an assistant principal's salary increment as
prescribed by this section from state funds appropriated for the
salary increments.
(b) State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code.
(c) The salary increment in this section for each principal
shall be determined by multiplying the basic salary for teachers in
accordance with the classification of certification and of training
of the principal as prescribed in this article, by the appropriate
percentage rate prescribed in this section according to the number
of teachers supervised.
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE UNTIL JULY 1, 2002 2008
No. of Teachers
Supervised Rates
1-7
9.0 10.0%
8-14
9.5 10.5%
15-24
10.0 11.0%
25-38
10.5 11.5%
39-57
11.0 12.0%
58 and up
11.5 12.5%
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE ON AND AFTER JULY 1, 2002 2008
No. of Teachers
Supervised Rates
1-7
10.0 12.0%
8-14
10.5 12.5%
15-24
11.0 13.0%
25-38
11.5 13.5%
39-57
12.0 14.0%
58 and up
12.5 14.5%
(d) The salary increment in this section for each assistant
principal shall be determined in the same manner as that for
principals,
utilizing using the number of teachers supervised by
the principal under whose direction the assistant principal works,
except that the percentage rate shall be fifty percent of the rate
prescribed for the principal.
(e) Salaries for employment beyond the minimum employment term
shall be at the same daily rate as the salaries for the minimum
employment terms.
(f) For the purpose of determining the number of teachers
supervised by a principal, the county board shall use data for the
second school month of the prior school term and the number of teachers shall be interpreted to mean the total number of
professional educators assigned to each school on a full-time
equivalency basis:
Provided, That if there is a change in
circumstances because of consolidation or catastrophe, the county
board shall determine what is a reasonable number of supervised
teachers in order to establish the appropriate increment percentage
rate.
(g) No county may reduce local funds allocated for salary
increments for principals and assistant principals in effect on the
first day of January, two thousand
two eight, and used in
supplementing the state minimum salaries as provided
for in this
article, unless forced to do so by defeat of a special levy, or a
loss in assessed values or events over which it has no control and
for which the county board has received approval from the state
board prior to making the reduction.
(h) Nothing in this section prevents a county board from
providing, in a uniform manner, salary increments greater than
those required by this section.
§18A-4-7a. Employment, promotion and transfer of professional
personnel; seniority.
(a) A county board
of education shall make decisions affecting
the hiring of professional personnel other than classroom teachers
on the basis of the applicant with the highest qualifications.
(b) The county board shall make decisions affecting the hiring
of new classroom teachers on the basis of the applicant with the highest qualifications.
(c) In judging qualifications for hiring employees pursuant to
subsections (a) and (b) of this section, consideration shall be
given to each of the following:
(1) Appropriate certification, licensure or both;
(2) Amount of experience relevant to the position; or, in the
case of a classroom teaching position, the amount of teaching
experience in the subject area;
(3) The amount of course work, degree level or both in the
relevant field and degree level generally;
(4) Academic achievement;
(5) Relevant specialized training;
(6) Past performance evaluations conducted pursuant to section
twelve, article two of this chapter;
and
(7) The recommendation of the principal of the school at which
the employee will be performing his or her duties; and
(7) (8) Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional
personnel apply for a classroom teaching position and meet the
standards set forth in the job posting, the county board
of
education shall make a decision affecting the filling of the
position on the basis of the following criteria:
(1) Appropriate certification, licensure or both;
(2) Total amount of teaching experience;
(3) The existence of teaching experience in the required certification area;
(4) Degree level in the required certification area;
(5) Specialized training directly related to the performance
of the job as stated in the job description;
(6) Receiving an overall rating of satisfactory in the
previous two evaluations conducted pursuant to section twelve,
article two of this chapter;
and
(7) The recommendation of the principal of the school at which
the employee will be performing his or her duties; and
(7) (8) Seniority.
(e) In filling positions pursuant to subsection (d) of this
section, consideration shall be given to each criterion with each
criterion being given equal weight. If the applicant with the most
seniority is not selected for the position, upon the request of the
applicant a written statement of reasons shall be given to the
applicant with suggestions for improving the applicant's
qualifications.
(f) With the exception of guidance counselors, the seniority
of classroom teachers, as defined in section one, article one of
this chapter shall be determined on the basis of the length of time
the employee has been employed as a regular full-time certified
and/or licensed professional educator by the county board
of
education and shall be granted in all areas that the employee is
certified, licensed or both.
(g) Upon completion of one hundred thirty-three days of
employment in any one school year, substitute teachers, except retired teachers and other retired professional educators employed
as substitutes, shall accrue seniority exclusively for the purpose
of applying for employment as a permanent, full-time professional
employee. One hundred thirty-three days or more of said employment
shall be prorated and shall vest as a fraction of the school year
worked by the permanent, full-time teacher.
(h) Guidance counselors and all other professional employees,
as defined in section one, article one of this chapter, except
classroom teachers, shall gain seniority in their nonteaching area
of professional employment on the basis of the length of time the
employee has been employed by the county board
of education in that
area:
Provided, That if an employee is certified as a classroom
teacher, the employee accrues classroom teaching seniority for the
time that employee is employed in another professional area. For
the purposes of accruing seniority under this paragraph, employment
as principal, supervisor or central office administrator, as
defined in section one, article one of this chapter, shall be
considered one area of employment.
(i) Employment for a full employment term shall equal one year
of seniority, but no employee may accrue more than one year of
seniority during any given fiscal year. Employment for less than
the full employment term shall be prorated. A random selection
system established by the employees and approved by the board shall
be used to determine the priority if two or more employees
accumulate identical seniority:
Provided, That when two or more
principals have accumulated identical seniority, decisions on reductions in force shall be based on qualifications.
(j) Whenever a county board is required to reduce the number
of professional personnel in its employment, the employee with the
least amount of seniority shall be properly notified and released
from employment pursuant to the provisions of section two, article
two of this chapter. The provisions of this subsection are subject
to the following:
(1) All persons employed in a certification area to be reduced
who are employed under a temporary permit shall be properly
notified and released before a fully certified employee in such a
position is subject to release;
(2) An employee subject to release shall be employed in any
other professional position where the employee is certified and was
previously employed or to any lateral area for which the employee
is certified, licensed or both, if the employee's seniority is
greater than the seniority of any other employee in that area of
certification, licensure or both;
(3) If an employee subject to release holds certification,
licensure or both in more than one lateral area and if the
employee's seniority is greater than the seniority of any other
employee in one or more of those areas of certification, licensure
or both, the employee subject to release shall be employed in the
professional position held by the employee with the least seniority
in any of those areas of certification, licensure or both; and
(4) If, prior to the first day of August of the year a
reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county
board in its sole and exclusive judgment, the board shall rescind
the reduction in force or transfer and shall notify the released
employee in writing of his or her right to be restored to his or
her position of employment. Within five days of being so notified,
the released employee shall notify the board, in writing, of his or
her intent to resume his or her position of employment or the right
to be restored shall terminate. Notwithstanding any other
provision of this subdivision, if there is another employee on the
preferred recall list with proper certification and higher
seniority, that person shall be placed in the position restored as
a result of the reduction in force being rescinded.
(k) For the purpose of this article, all positions which meet
the definition of classroom teacher as defined in section one,
article one of this chapter shall be lateral positions. For all
other professional positions, the county board
of education shall
adopt a policy
by the thirty-first day of October, one thousand
nine hundred ninety-three, and may modify the policy thereafter as
necessary, which defines which positions
shall be are lateral
positions. The board shall submit a copy of its policy to the
state board within thirty days of adoption or any modification, and
the state board shall compile a report and submit the report to the
Legislative Oversight Commission on Education Accountability by the
thirty-first day of December
one thousand nine hundred
ninety-three, and by that date in any succeeding of each year in
which any county board submits a modification of its policy relating to lateral positions. In adopting the policy, the board
shall give consideration to the rank of each position in terms of
title; nature of responsibilities; salary level; certification,
licensure or both; and days in the period of employment.
(l) After the fifth day prior to the beginning of the
instructional term, no person employed and assigned to a
professional position may transfer to another professional position
in the county during that instructional term unless the person
holding that position does not have valid certification. The
provisions of this subsection are subject to the following:
(1) The person may apply for any posted, vacant positions with
the successful applicant assuming the position at the beginning of
the next instructional term;
(2) Professional personnel who have been on an approved leave
of absence may fill these vacancies upon their return from the
approved leave of absence; and
(3) The county board, upon recommendation of the
superintendent may fill a position before the next instructional
term when it is determined to be in the best interest of the
students:
Provided, That the county superintendent shall notify
the state board of each transfer of a person employed in a
professional position to another professional position after the
fifth day prior to the beginning of the instructional term. The
Legislature finds that it is not in the best interest of the
students particularly in the elementary grades to have multiple
teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the filling of
positions through transfers of personnel from one professional
position to another after the fifth day prior to the beginning of
the instructional term should be kept to a minimum.
(m) All professional personnel whose seniority with the county
board is insufficient to allow their retention by the county board
during a reduction in work force shall be placed upon a preferred
recall list. As to any professional position opening within the
area where they had previously been employed or to any lateral area
for which they have certification, licensure or both, the employee
shall be recalled on the basis of seniority if no regular,
full-time professional personnel, or those returning from leaves of
absence with greater seniority, are qualified, apply for and accept
the position.
(n) Before position openings that are known or expected to
extend for twenty consecutive employment days or longer for
professional personnel may be filled by the board, the board shall
be required to notify all qualified professional personnel on the
preferred list and give them an opportunity to apply, but failure
to apply shall not cause the employee to forfeit any right to
recall. The notice shall be sent by certified mail to the last
known address of the employee, and it shall be the duty of each
professional personnel to notify the board of continued
availability annually, of any change in address or of any change in
certification, licensure or both.
(o) Openings in established, existing or newly created positions shall be processed as follows:
(1) Boards shall be required to post and date notices which
shall be subject to the following:
(A) The notices shall be posted in conspicuous working places
for all professional personnel to observe for at least five working
days;
(B) The notice shall be posted within twenty working days of
the position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and
directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of
qualified applicants may apply; and
(E) Job postings may not require criteria which are not
necessary for the successful performance of the job and may not be
written with the intent to favor a specific applicant;
(2) No vacancy shall be filled until after the five-day
minimum posting period;
(3) If one or more applicants meets the qualifications listed
in the job posting, the successful applicant to fill the vacancy
shall be selected by the board within thirty working days of the
end of the posting period;
(4) A position held by a teacher who is certified, licensed or
both, who has been issued a permit for full-time employment and is
working toward certification in the permit area shall not be subject to posting if the certificate is awarded within five years;
and
(5) Nothing provided herein shall prevent the county board
of
education from eliminating a position due to lack of need.
(p) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in
an elementary school does not increase from one school year to the
next, but there exists in that school a need to realign the number
of teachers in one or more grade levels, kindergarten through six,
teachers at the school may be reassigned to grade levels for which
they are certified without that position being posted:
Provided,
That the employee and the county board
of education mutually agree
to the reassignment.
(q) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in
an elementary school needs to be reduced, the reduction shall be
made on the basis of seniority with the least senior classroom
teacher being recommended for transfer; and
(2) When a specified grade level needs to be reduced and the
least senior employee in the school is not in that grade level, the
least senior classroom teacher in the grade level that needs to be
reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school
without that position being posted:
Provided, That the employee is
certified, licensed or both and agrees to the reassignment.
(r) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and shall be liable
to any party prevailing against the board for court costs and
reasonable attorney fees as determined and established by the
court. Further, employees denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactive to the date of the violation and
payable entirely from local funds. Further, the board shall be
liable to any party prevailing against the board for any court
reporter costs including copies of transcripts.
(s) The county board shall compile, update annually on the
first day of July and make available by electronic or other means
to all employees a list of all professional personnel employed by
the county, their areas of certification and their seniority.