COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 95
(By Senators Barnes and Sypolt)
____________
[Originating in the Committee on Finance;
reported February 23, 2007.]
____________
A BILL to amend and reenact §18-20-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-4-8a of said code;
and to amend and reenact §18A-5-8 of said code, all relating
to requiring county boards of education to make certain
training available to all regularly employed teachers' aides;
increasing the pay grade for autism mentors; and, subject to
other provisions, prohibiting an aide or autism mentor from
transferring to another position after the fifth day prior to
the beginning of the instructional term.
Be it enacted by the Legislature of West Virginia:
That §18-20-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18A-4-8a of said code be amended
and reenacted; and that §18A-5-8 of said code be amended and
reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-2. Providing suitable educational facilities, equipment and
services.
The board of education of each county is empowered and is
responsible for providing suitable educational facilities, special
equipment and such special services as may be necessary. Special
services include provisions and procedures for finding and
enumerating exceptional children of each type, diagnosis by
appropriate specialists who will certify the child's need and
eligibility for special education and make recommendations for such
treatment and prosthesis as may alleviate his disability, special
teaching by qualified and
especially specially trained teachers,
transportation, lunches and remedial therapeutic services.
Qualifications of teachers and therapists shall be in accordance
with standards prescribed or approved by the state board of
education.
Counties may provide for educating their resident exceptional
children by contracting with other counties or other educational
agencies which maintain such special education facilities. Fiscal
matters will follow policies approved by the state board of
education.
Any teacher aide employed to assist teachers in providing
services to exceptional children under this article shall, prior to
assuming such duties, complete a four-clock-hour course of training in areas specifically related to the education of exceptional
children, to be provided by the county in accordance with rules and
regulations of the state board of education. Such training shall
occur during normal working hours and an opportunity to be trained
shall be provided such employee prior to the filling of a vacancy
in accordance with the provisions of section eight-b, article four,
chapter eighteen-a of this code.
County boards annually shall make available to all regularly
employed teachers' aides twelve hours of training in providing
services to children who have displayed violent behavior or have
demonstrated the potential for violent behavior. The training
shall occur during normal working hours and shall qualify to meet
the continuing education requirements for the teachers' aides.
County boards annually shall make available to all regularly
employed teachers' aides twelve hours of training in providing
services to children diagnosed as autistic or with autism spectrum
disorder. The training shall occur during normal working hours and
shall qualify to meet the continuing education requirements for the
teachers' aides. Furthermore, this training shall be structured to
permit an employee to qualify as an autism mentor after no less
than four years of training.
County boards shall notify in writing all teachers' aides of
the location, date and time when training will be offered for
qualification as an autism mentor. Furthermore, county boards
shall reimburse any regularly employed teacher's aide or substitute
teacher's aide who elects to attend the course for one half of the cost of the tuition.
CHAPTER 18A. SCHOOL PERSONNEL.
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 F
Braille or Sign Language Specialist
E
Bus Operator
D
Buyer
F
Cabinetmaker
G
Cafeteria Manager
D
Carpenter I
E
Carpenter II
F
Chief Mechanic
G
Clerk I
B
Clerk II
C
Computer Operator
E
Cook I
A
Cook II
B
Cook III
C
Crew Leader
F
Custodian I
A
Custodian II
B
Custodian III
C
Custodian IV
D
Director or Coordinator of Services
H
Draftsman
D
Electrician I
F
Electrician II
G
Electronic Technician I
F
Electronic Technician II
G
Executive Secretary
G
Food Services Supervisor
G
Foreman
G
General Maintenance
C
Glazier
D
Graphic Artist
D
Groundsman
B
Handyman
B
Heating and Air Conditioning Mechanic I
E
Heating and Air Conditioning Mechanic II
G
Heavy Equipment Operator
E
Inventory Supervisor
D
Key Punch Operator
B
Locksmith
G
Lubrication Man
C
Machinist
F
Mail Clerk
D
Maintenance Clerk
C
Mason
G
Mechanic
F
Mechanic Assistant
E
Office Equipment Repairman I
F
Office Equipment Repairman II
G
Painter
E
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.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-8. Authority of certain aides to exercise control over
pupils; compensation; transfers.
(a) Within the limitations provided in this section, any aide
who agrees to do so shall stand in the place of the parent or
guardian and shall exercise such authority and control over pupils
as is required of a teacher as provided in section one of this
article. The principal shall designate aides in the school who
agree to exercise that authority on the basis of seniority as an
aide and shall enumerate the instances in which the authority shall
be exercised by an aide when requested by the principal, assistant
principal or professional employee to whom the aide is assigned.
(b) The authority provided for in subsection (a) of this
section may 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.
However, the authority shall extend to supervising students
undergoing in-school suspension if the instructional duties
required by the supervision are limited solely to handing out class
work and collecting class work. The authority to supervise
students undergoing in-school suspension may not include actual
instruction.
(c) An aide designated by the principal under subsection (a)
of this section shall receive a salary not less than one pay grade
above the highest pay grade held by the employee under section
eight-a, article four of this chapter and any county salary
schedule in excess of the minimum requirements of this article.
(d) An aide may not be required by the operation of this
section to perform noninstructional duties for an amount of time
which exceeds that required under the aide's contract of employment
or that required of other aides in the same school unless the
assignment of the duties is mutually agreed upon by the aide and
the county superintendent, or the superintendent's designated
representative, subject to board approval. The terms and
conditions of the agreement shall be in writing, signed by both
parties, and may include additional benefits. The agreement shall
be uniform as to aides assigned similar duties for similar amounts
of time within the same school. Aides shall have the option of
agreeing to supervise students and of renewing related assignments
annually. If an aide elects not to renew the previous agreement to supervise students, the minimum salary of the aide shall revert to
the pay grade specified in section eight-a, article four of this
chapter for the classification title held by the aide and any
county salary schedule in excess of the minimum requirements of
this article.
(e) For the purposes of this section, aide means any aide
class title as defined in section eight, article four of this
chapter regardless of numeric classification.
(f) An aide may transfer to another position of employment one
time only during any one half of a school term, unless otherwise
mutually agreed upon by the aide and the county superintendent, or
the superintendent's designee, subject to board approval:
Provided, That during the first year of employment as an aide, an
aide may not transfer to another position of employment during the
first one-half school term of employment unless mutually agreed
upon by the aide and county superintendent, subject to board
approval.
(f) After the fifth day prior to the beginning of the
instructional term, no person employed and assigned as an aide or
autism mentor may transfer to another 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 aide or autism mentor may apply for any posted, vacant
positions with the successful applicant assuming the position at
the beginning of the next instructional term; and
(2) 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;
(3) The county superintendent shall notify the state board of
each transfer of a person employed in an aide or autism mentor
position to another position after the fifth day prior to the
beginning of the instructional term;
(4) The Legislature finds that it is not in the best interest
of the students with autism to have multiple teachers, mentors,
aides or any combination thereof during the instructional term; and
(5) It is the intent of the Legislature that the filling of
aide and autism mentor positions through transfers of personnel
from one position to another after the fifth day prior to the
beginning of the instructional term should be kept to a minimum.
(g) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall
hold a high school diploma or shall have received a general
educational development certificate and shall have the 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.
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