H. B. 2470
(By Delegate M. Poling)
[Introduced February 14, 2013; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-20-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-2-4 of said code;
and to amend and reenact §18A-4-8 and §18A-4-8a of said code,
all relating to sign support specialist or an educational sign
language interpreter in the education of exceptional children,
their certification and classification; school service
personnel; service personnel classification, compensation and
duties; specifying employment duties for certain positions;
modifying certain service personnel classification titles;
establishing certain service personnel classification titles
and setting their wages; and establishing conditions for
employer payment of and continuing education credit accrual
for certain certification acquisition.
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-2-4 of said code be amended and
reenacted; and that §18A-4-8 and §18A-4-8a 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.
(a) Each county board shall provide suitable educational
facilities, special equipment and special services that are
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 treatment and prosthesis as may alleviate the disability,
special teaching by qualified and 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.
(b) A county board may provide for educating resident
exceptional children by contracting with other counties or other
educational agencies which maintain special education facilities.
Fiscal matters shall follow policies approved by the state
board.
(c) The county board shall provide a four-clock-hour program of training for any teacher aide employed to assist teachers in
providing services to exceptional children under this article prior
to the assignment. The program shall consist of training in areas
specifically related to the education of exceptional children,
pursuant to rules of the state board. The training shall occur
during normal working hours and an opportunity to be trained shall
be provided to
a service person prior to filling a vacancy in
accordance with the provisions of section eight-b, article four,
chapter eighteen-a of this code.
(d) The county board annually shall make available during
normal working hours to all regularly employed teachers' aides
twelve hours of training that satisfies the continuing education
requirements for the aides regarding:
(1) Providing services to children who have displayed violent
behavior or have demonstrated the potential for violent behavior;
and
(2) Providing services to children diagnosed as autistic or
with autism spectrum disorder. This training shall be structured
to permit the employee to qualify as an autism mentor after a
minimum of four years of training. The county board shall:
(A) Notify in writing all teachers' aides of the location,
date and time when training will be offered for qualification as an
autism mentor; and
(B) Reimburse any regularly employed or substitute teacher's aide who elects to attend this training for one half of the cost of
the tuition.
(e) For any student whose individualized education plan (IEP)
requires the services of a sign support specialist or an
educational sign language interpreter I or II:
_____(1) Any educational sign language interpreter I or II assigned
to assist that student is a related service provider member of the
education team who participates in IEP meetings and works with the
team to implement the IEP;
_____(2) A sign support specialist may be assigned to a student
with an exceptionality other than deaf or hard of hearing if it is
determined that the student needs signs to support his or her
expressive communication; and
_____(3) A sign support specialist may be assigned to a student who
is deaf or hard of hearing in lieu of an interpreter only if an
educational sign language interpreter I or II is unavailable, and
the sign support specialist is executing a professional development
plan while actively seeking certification as an educational sign
language interpreter I or II. After two years the sign support
specialist may remain in the assignment only if an educational sign
language interpreter I or II remains unavailable, and with an
approved waiver by the West Virginia Department of Education. An
employee in this situation is entitled to full payment of the costs
of certification acquisition or renewal pursuant to the certification renewal provisions of section four, article two,
chapter eighteen-a of this code.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-4. Commercial driver's license for school personnel;
intrastate waiver for bus operators diagnosed with
diabetes mellitus requiring insulin; reimbursement
of electrician's and commercial driver's license
and sign language interpreter certification when
required.
(a) If a commercial driver's license is required as a
condition of employment for any school employee or qualified
applicant who becomes an employee by a county board
of education,
the cost
shall be is paid in full by the
employer county board.
_____It is unlawful for any county board of education to A county
board may not require any employee or applicant who becomes an
employee of the board to pay the cost of acquiring a commercial
driver's license as a condition of employment.
(b) The Division of Motor Vehicles shall accept the West
Virginia Department of Education physical and psychomotor test
result forms in lieu of the Division of Motor Vehicles vision
report form.
(c) A school bus operator who is currently employed by a
county board
of education or who is otherwise subject to state board rules governing school bus operators and who is diagnosed
with diabetes mellitus requiring insulin is not ineligible for
employment as a school bus operator because of the diagnosis if the
operator is issued a passenger endorsement for his or her
commercial driver license through the intrastate waiver program
pertaining to diabetes of the West Virginia Division of Motor
Vehicles, subject to the following:
(1) A copy of the information required to be submitted to the
Division of Motor Vehicles for waiver application and proof of
passenger endorsement under the waiver program is submitted to his
or her employer; and
(2) The operator remains in compliance with the stipulations
of and grounds for eligibility for the intrastate waiver.
(d) If a county board
of education requires of any employee
who is employed as an electrician any license renewal when the
employee is exempt from renewing the license pursuant to section
three, article three-b, chapter twenty-nine of this code, the cost
of
such the license renewal
shall be is paid in full by the county
board.
of education
(e) The cost of certification renewal is paid in full by the
employer for any service person who is:
_____(1) Employed as an educational sign language interpreter I or
II and is required to complete any testing, training or continuing
education in order to renew or maintain certification at that level;
_____(2) Employed as an educational sign language interpreter I and
is required to complete any testing, training or continuing
education to advance to an educational sign language interpreter
II; or
_____(3) Employed as a sign support specialist and is required to
complete any testing, training or continuing education in order to
advance to an educational sign language interpreter I or II.
_____(f) For any service person required to hold certification as
a condition of employment, any time devoted to acquiring or
maintaining the certification, including instructional time,
training and testing, constitutes hours of continuing education for
purposes of meeting the annual continuing education requirements in
state board policy.
_____(e) (g) Compliance with or failure to comply by a health care
provider licensed and authorized pursuant to chapter thirty of this
code, with the reporting requirements of the Division of Motor
Vehicles regarding the provisions of subsection (c) of this section
does not constitute negligence, nor may compliance or noncompliance
with the requirements of this section be admissible as evidence of
negligence in any civil or criminal action.
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 not be less than ten months. A month is
defined as twenty employment days. 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 are
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) A service person may not be required to report for work
more than five days per week without his or her agreement, and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If a service person whose regular work week is scheduled
from Monday through Friday agrees to perform any work assignments
on a Saturday or Sunday, the service person
shall be is paid for at
least one-half day of work for each day he or she reports for work.
If the service person works more than three and one-half hours on any Saturday or Sunday, he or she
shall be is paid for at least a
full day of work for each day.
(f) A custodian, aide, maintenance, office and school lunch
service person required to work a daily work schedule that is
interrupted
shall be is paid additional compensation in accordance
with this subsection.
(1) A maintenance person means a person who holds 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.
(2) A service person's schedule is considered to be
interrupted if he or she does not work a continuous period in one
day. Aides are not regarded as working an interrupted schedule
when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this
subsection:
(A) Is equal to at least one eighth of a service person's
total salary as provided by the state minimum pay scale and any
county pay supplement; and
(B) Is payable entirely from county board funds.
(g) When there is a change in classification or when a service
person meets the requirements of an advanced classification, his or
her salary shall be made to comply with the requirements of this
article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person's
advanced classification and allowable years of employment.
(h) A service person'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 on 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 a service person has been employed by a
county board in any position prior to or subsequent to the
effective date of this section and includes service in the Armed
Forces of the United States, if the employee was employed at the
time of his or her induction. For the purpose of section eight-a
of this article, years of employment is 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 a service person;
(4) "Accountant I" means a person 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 a person 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 a person employed in the county
board office to manage and supervise accounts payable, payroll
procedures, or both;
(7) "Accounts payable supervisor" means a person employed in
the county board office who has primary responsibility for the
accounts payable function and who either has completed twelve
college hours of accounting courses from an accredited institution
of higher education or has at least eight years of experience
performing progressively difficult accounting tasks.
Responsibilities of this class title may include supervision of
other personnel;
(8) "Aide I" means a person selected and trained for a
teacher-aide classification such as monitor aide, clerical aide,
classroom aide or general aide;
(9) "Aide II" means a service person referred to in the "Aide
I" classification who has completed a training program approved by
the state board, or who holds a high school diploma or has received
a general educational development certificate. Only a person classified in an Aide II class title may be employed as an aide in
any special education program
(10) "Aide III" means a service person referred to in the
"Aide I" classification who holds a high school diploma or a
general educational development certificate; and
(A) Has completed six semester hours of college credit at an
institution of higher education; or
(B) Is employed as an aide in a special education program and
has one year's experience as an aide in special education;
(11) "Aide IV" means a service person referred to in the "Aide
I" classification who holds a high school diploma or a general
educational development certificate; and
(A) Has completed eighteen hours of State Board-approved
college credit at a regionally accredited institution of higher
education, or
(B) Has completed fifteen hours of State Board-approved
college credit at a regionally accredited institution of higher
education; and has 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 a person employed to
perform minor maintenance on audiovisual equipment, films, and
supplies and who fills requests for equipment;
(13) "Auditor" means a person 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 a person who works with autistic
students and who meets standards and experience to be determined by
the State Board. A person who has held or holds an aide title and
becomes employed as an autism mentor shall hold a
multiclassification status that includes both aide and autism
mentor titles, in accordance with section eight-b of this article;
(15) "Braille
or sign language specialist" means a person
employed to provide braille
and/or sign language assistance to
students. A service person who has held or holds an aide title and
becomes employed as a braille
or sign language specialist shall
hold a multiclassification status that includes both aide and
braille
or sign language specialist title, in accordance with
section eight-b of this article;
(16) "Bus operator" means a person employed to operate school
buses and other school transportation vehicles as provided by the
state board;
(17) "Buyer" means a person 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) "Cabinetmaker" means a person employed to construct cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means a person 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) "Carpenter I" means a person classified as a carpenter's
helper;
(21) "Carpenter II" means a person classified as a journeyman
carpenter;
(22) "Chief mechanic" means a person employed to be
responsible for directing activities which ensure that student
transportation or other county board-owned vehicles are properly
and safely maintained;
(23) "Clerk I" means a person employed to perform clerical
tasks,
(24) "Clerk II" means a person employed to perform general
clerical tasks, prepare reports and tabulations, and operate office
machines;
(25) "Computer operator" means a qualified person employed to
operate computers;
(26) "Cook I" means a person employed as a cook's helper;
(27) "Cook II" means a person employed to interpret menus and to prepare and serve meals in a food service program of a school.
This definition includes a service person who has been employed as
a "Cook I" for a period of four years;
(28) "Cook III" means a person 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) "Crew leader" means a person employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(30) "Custodian I" means a person employed to keep buildings
clean and free of refuse;
(31) "Custodian II" means a person employed as a watchman or
groundsman;
(32) "Custodian III" means a person employed to keep buildings
clean and free of refuse, to operate the heating or cooling systems
and to make minor repairs;
(33) "Custodian IV" means a person employed as
a head
custodians custodian. In addition to providing services as defined
in "Custodian III" duties may include supervising other custodian
personnel;
(34) "Director or coordinator of services" means an employee
of a county board who is assigned to direct a department or
division.
(A) Nothing in this subdivision prohibits a professional
person or a professional educator from holding this class title;
(B) Professional personnel holding this class title may not be
defined or classified as service personnel unless the professional
person held a service personnel title under this section prior to
holding the class title of "director or coordinator of services;"
(C) The director or coordinator of services
shall be is
classified either as a professional person or a service person for
state aid formula funding purposes;
(D) Funding for the position of director or coordinator of
services is based upon the employment status of the director or
coordinator either as a professional person or a service person;
and
(E) A person employed under the class title "director or
coordinator of services" may not be exclusively assigned to perform
the duties ascribed to any other class title as defined in this
subsection:
Provided, That nothing in this paragraph prohibits a
person in this position from being multiclassified;
(35) "Draftsman" means a person employed to plan, design and
produce detailed architectural/engineering drawings;
(36) "Educational Sign Language Interpreter I" means a person
employed to provide communication access across all educational
environments to students who are deaf or hard of hearing, and who
holds the Initial Paraprofessional Certificate - Educational Interpreter pursuant to state board policy.
_____(37) "Educational Sign Language Interpreter II" means a person
employed to provide communication access across all educational
environments to students who are deaf or hard of hearing, and who
holds the Permanent Paraprofessional Certificate - Educational
Interpreter pursuant to state board policy.
_____(36) (38) "Electrician I" means a person employed as an
apprentice electrician helper or one who holds an electrician
helper license issued by the State Fire Marshal;
(37) (39) "Electrician II" means a person employed as an
electrician journeyman or one who holds a journeyman electrician
license issued by the State Fire Marshal;
(38) (40) "Electronic technician I" means a person employed at
the apprentice level to repair and maintain electronic equipment;
(39) (41) "Electronic technician II" means a person employed
at the journeyman level to repair and maintain electronic
equipment;
(40) (42) "Executive secretary" means a person employed as
secretary to the county school superintendent or as a secretary who
is assigned to a position characterized by significant
administrative duties;
(41) (43) "Food services supervisor" means a qualified person
who is not a professional person or professional educator as
defined in section one, article one of this chapter. The food services supervisor is employed to manage and supervise a county
school system's food service program. The duties 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) "Foreman" means a skilled person employed to
supervise personnel who work in the areas of repair and maintenance
of school property and equipment;
(43) (45) "General maintenance" means a person employed as a
helper to skilled maintenance employees, and to perform minor
repairs to equipment and buildings of a county school system;
(44) (46) "Glazier" means a person employed to replace glass
or other materials in windows and doors and to do minor carpentry
tasks;
(45) (47) "Graphic artist" means a person employed to prepare
graphic illustrations;
(46) (48) "Groundsman" means a person 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 a person employed to perform
routine manual tasks in any operation of the county school system;
(48) (50) "Heating and air conditioning mechanic I" means a person 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 a
person 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 a person employed
to operate heavy equipment;
(51) (53) "Inventory supervisor" means a person employed to
supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies;
(52) (54) "Key punch operator" means a qualified person
employed to operate key punch machines or verifying machines;
(53) (55) "Licensed practical nurse" means a nurse, licensed
by the West Virginia Board of Examiners for Licensed Practical
Nurses, employed to work in a public school under the supervision
of a school nurse;
(54) (56) "Locksmith" means a person employed to repair and
maintain locks and safes;
(55) (57) "Lubrication man" means a person employed to
lubricate and service gasoline or diesel-powered equipment of a
county school system;
(56) (58) "Machinist" means a person employed to perform machinist tasks which include the ability to operate a lathe,
planer, shader, threading machine and wheel press. A person
holding this class title also should have the ability to work from
blueprints and drawings;
(57) (59) "Mail clerk" means a person employed to receive,
sort, dispatch, deliver or otherwise handle letters, parcels and
other mail;
(58) (60) "Maintenance clerk" means a person employed to
maintain and control a stocking facility to keep adequate tools
and supplies on hand for daily withdrawal for all school
maintenance crafts;
(59) (61) "Mason" means a person employed to perform tasks
connected with brick and block laying and carpentry tasks related
to these activities;
(60) (62) "Mechanic" means a person employed to perform
skilled duties independently in the maintenance and repair of
automobiles, school buses and other mechanical and mobile
equipment to use in a county school system;
(61) (63) "Mechanic assistant" means a person employed as a
mechanic apprentice and helper;
(62) (64) "Multiclassification" means a person 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 is the higher pay grade of the class titles involved;
(63) (65) "Office equipment repairman I" means a person
employed as an office equipment repairman apprentice or helper;
(64) (66) "Office equipment repairman II" means a person
responsible for servicing and repairing all office machines and
equipment. A person holding this class title is responsible for
the purchase of parts necessary for the proper operation of a
program of continuous maintenance and repair;
(65) (67) "Painter" means a person employed to perform duties
painting, finishing and decorating wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(66) (68) "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 students under the direction of a principal, a
teacher or another designated professional educator.
(A) A person employed on the effective date of this section
in the position of an aide may not be subject to a reduction in
force or transferred to create a vacancy for the employment of a
paraprofessional;
(B) A person who has held or holds an aide title and becomes
employed as a paraprofessional shall hold a multiclassification status that includes both aide and paraprofessional titles in
accordance with section eight-b of this article; and
(C) When a service person 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;
(67) (69) "Payroll supervisor" means a person employed in the
county board office who has primary responsibility for the payroll
function and who either has completed twelve college hours of
accounting from an accredited institution of higher education or
has at least eight years of experience performing progressively
difficult accounting tasks. Responsibilities of this class title
may include supervision of other personnel;
(68) (70) "Plumber I" means a person employed as an
apprentice plumber and helper;
(69) (71) "Plumber II" means a person employed as a
journeyman plumber;
(70) (72) "Printing operator" means a person employed to
operate duplication equipment, and to cut, collate, staple, bind
and shelve materials as required;
(71) (73) "Printing supervisor" means a person employed to
supervise the operation of a print shop;
(72) (74) "Programmer" means a person employed to design and prepare programs for computer operation;
(73) (75) "Roofing/sheet metal mechanic" means a person
employed to install, repair, fabricate and maintain roofs,
gutters, flashing and duct work for heating and ventilation;
(74) (76) "Sanitation plant operator" means a person 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;
(75) (77) "School bus supervisor" means a qualified person:
(A) Employed to assist in selecting school bus operators and
routing and scheduling school buses, operate a bus when needed,
relay instructions to bus operators, plan emergency routing of
buses and promote good relationships with parents, students, bus
operators and other employees; and
(B) Certified to operate a bus or previously certified to
operate a bus;
(76) (78) "Secretary I" means a person employed to transcribe
from notes or mechanical equipment, receive callers, perform
clerical tasks, prepare reports and operate office machines;
(77) (79) "Secretary II" means a person 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; stenotype, 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. Nothing in this subdivision
prevents a service person from holding or being elevated to a
higher classification;
(78) (80) "Secretary III" means a person 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 in purchasing and financial
control or any person who has served for eight years in a position
which meets the definition of "secretary II" or "secretary III";
(79) (81) "Sign Support Specialist" means a person employed
to provide sign supported speech assistance to students who are
able to access environments through audition. A person who has
held or holds an aide title and becomes employed as a sign support
specialist shall hold a multi-classification status that includes
both aide and sign support specialist titles, in accordance with
section eight-b of this article.
_____(79) (82) "Supervisor of maintenance" means a skilled person
who is not a professional person or professional educator as
defined in section one, article one of this chapter. The
responsibilities include directing the upkeep of buildings and
shops, and issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical
and electrical equipment of a county board;
(80) (83) "Supervisor of transportation" means a qualified
person 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. After July 1, 2010, all persons
employed for the first time in a position with this classification
title or in a multi-classification position that includes this
title shall have five years of experience working in the
transportation department of a county board. Experience working
in the transportation department
shall consist consists of serving
as a bus operator, bus aide, assistant mechanic, mechanic, chief
mechanic or in a clerical position within the transportation
department;
(81) (84) "Switchboard operator-receptionist" means a person
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;
(82) (85) "Truck driver" means a person employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(83) (86) "Warehouse clerk" means a person employed to be
responsible for receiving, storing, packing and shipping goods;
and
(84) (87) "Watchman" means a person employed to protect
school property against damage or theft. Additional assignments
may include operation of a small heating plant and routine
cleaning duties;
(85) (88) "Welder" means a person employed to provide
acetylene or electric welding services for a school system
; and
_____(86) (89) "WVEIS data entry and administrative clerk" means
a person 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) Notwithstanding any provision in this code to the
contrary, and in addition to the compensation provided for service
personnel in section eight-a of this article, each service person
is 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) A service person whose years of employment exceeds 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) Each county board shall review each service person's job
classification annually and shall reclassify all service persons
as required by the job classifications. The state superintendent
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
a county board 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) Without his or her written consent, a service person may
not be:
(1) Reclassified by class title; or
(2) 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
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 county 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 provision of this code to the
contrary, a service person who holds a continuing contract in a
specific job classification and who is 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 the service person is qualified as provided in
section eight-e of this article.
(p) Any person employed in an aide position on the effective
date of this section may not be transferred or subject to a
reduction in force for the purpose of creating a vacancy for the
employment of a licensed practical nurse.
(q) Without the written consent of the service person, a
county board may not establish the beginning work station for a
bus operator or transportation aide at any site other than a
county board-owned facility with available parking. The workday
of the bus operator or transportation aide commences at the bus at
the designated beginning work station and ends when the employee
is able to leave the bus at the designated beginning work station,
unless he or she agrees otherwise in writing. The application or
acceptance of a posted position may not be construed as the
written consent referred to in this subsection.
(r) Itinerant status means a service person who does not have a fixed work site and may be involuntarily reassigned to another
work site. A service person is considered to hold itinerant
status if he or she has bid upon a position posted as itinerant or
has agreed to accept this status. A county board may establish
positions with itinerant status only within the aide and autism
mentor classification categories and only when the job duties
involve exceptional students. A service person with itinerant
status may be assigned to a different work site upon written
notice ten days prior to the reassignment without the consent of
the employee and without posting the vacancy. A service person
with itinerant status may be involuntarily reassigned no more than
twice during the school year. At the conclusion of each school
year, the county board shall post and fill, pursuant to section
eight-b of this article, all positions that have been filled
without posting by a service person with itinerant status. A
service person who is assigned to a beginning and ending work site
and travels at the expense of the county board to other work sites
during the daily schedule,
shall not be is not considered to hold
itinerant status.
(s) Any service person holding a classification title on June
30, 2013, that is removed from the classification schedule
pursuant to amendment and reenactment of this section in the year
2013, has his or her employment contract revised as follows:
_____(1) Any service person holding the Braille or Sign Language Specialist classification title has that classification title
renamed on his or her employment contract as either Braille
Specialist or Sign Support Specialist. This action does not
result in a loss or reduction of salary or supplement by any
employee. Any seniority earned in the Braille or Sign Language
Specialist classification prior to July 1, 2013, continues to be
credited as seniority earned in the Braille Specialist or Sign
Support Specialist classification;
_____(2) Any service person holding the Paraprofessional
classification title and holding the Initial Paraprofessional
Certificate - Educational Interpreter has the title Educational
Interpreter I added to his or her employment contract. This
action does not result in a loss or reduction of salary or
supplement by any employee. Any seniority earned in the
Paraprofessional classification prior to July 1, 2013, continues
to be credited as seniority earned in the Educational Interpreter
I classification; and
_____(3) Any service person holding the Paraprofessional
classification title and holding the Permanent Paraprofessional
Certificate - Educational Interpreter has the title Educational
Interpreter II added to his or her employment contract. This
action does not result in a loss or reduction of salary or
supplement by any employee. Any seniority earned in the
Paraprofessional classification prior to July 1, 2013, continues to be credited as seniority earned in the Educational Interpreter
II classification;
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee shall
be as follows:
(1) Beginning July 1, 2011, and continuing thereafter, the
minimum monthly pay for each service employee whose employment is
for a period of more than three and one-half hours a day shall be
at least the amounts indicated in the State Minimum Pay Scale Pay
Grade and the minimum monthly pay for each service employee whose
employment is for a period of three and one-half hours or less a
day shall be at least one half the amount indicated in the State
Minimum Pay Scale Pay Grade set forth in this subdivision.
STATE MINIMUM PAY SCALE PAY GRADE
|
Years
|
|
|
|
|
|
|
|
|
Exp.
|
Pay Grade
|
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
0
|
1,627
|
1,648
|
1,689
|
1,741
|
1,793
|
1,855
|
1,886
|
1,958
|
1
|
1,659
|
1,680
|
1,721
|
1,773
|
1,825
|
1,887
|
1,918
|
1,990
|
2
|
1,691
|
1,712
|
1,753
|
1,805
|
1,857
|
1,919
|
1,950
|
2,022
|
3
|
1,723
|
1,744
|
1,785
|
1,837
|
1,889
|
1,951
|
1,982
|
2,054
|
4
|
1,755
|
1,776
|
1,817
|
1,869
|
1,921
|
1,983
|
2,014
|
2,087
|
5
|
1,787
|
1,808
|
1,849
|
1,901
|
1,953
|
2,015
|
2,046
|
2,119
|
6
|
1,819
|
1,840
|
1,882
|
1,933
|
1,985
|
2,047
|
2,078
|
2,151
|
7
|
1,852
|
1,872
|
1,914
|
1,965
|
2,017
|
2,079
|
2,110
|
2,183
|
8
|
1,884
|
1,904
|
1,946
|
1,997
|
2,049
|
2,111
|
2,142
|
2,215
|
9
|
1,916
|
1,936
|
1,978
|
2,030
|
2,081
|
2,143
|
2,174
|
2,247
|
10
|
1,948
|
1,969
|
2,010
|
2,062
|
2,113
|
2,176
|
2,207
|
2,279
|
11
|
1,980
|
2,001
|
2,042
|
2,094
|
2,145
|
2,208
|
2,239
|
2,311
|
12
|
2,012
|
2,033
|
2,074
|
2,126
|
2,178
|
2,240
|
2,271
|
2,343
|
13
|
2,044
|
2,065
|
2,106
|
2,158
|
2,210
|
2,272
|
2,303
|
2,375
|
14
|
2,076
|
2,097
|
2,138
|
2,190
|
2,242
|
2,304
|
2,335
|
2,407
|
15
|
2,108
|
2,129
|
2,170
|
2,222
|
2,274
|
2,336
|
2,367
|
2,439
|
16
|
2,140
|
2,161
|
2,202
|
2,254
|
2,306
|
2,368
|
2,399
|
2,472
|
17
|
2,172
|
2,193
|
2,235
|
2,286
|
2,338
|
2,400
|
2,431
|
2,504
|
18
|
2,204
|
2,225
|
2,267
|
2,318
|
2,370
|
2,432
|
2,463
|
2,536
|
19
|
2,237
|
2,257
|
2,299
|
2,350
|
2,402
|
2,464
|
2,495
|
2,568
|
20
|
2,269
|
2,289
|
2,331
|
2,383
|
2,434
|
2,496
|
2,527
|
2,601
|
21
|
2,301
|
2,321
|
2,363
|
2,415
|
2,466
|
2,528
|
2,559
|
2,634
|
22
|
2,333
|
2,354
|
2,395
|
2,447
|
2,498
|
2,561
|
2,593
|
2,666
|
23
|
2,365
|
2,386
|
2,427
|
2,479
|
2,531
|
2,594
|
2,625
|
2,699
|
24
|
2,397
|
2,418
|
2,459
|
2,511
|
2,563
|
2,627
|
2,658
|
2,732
|
25
|
2,429
|
2,450
|
2,491
|
2,543
|
2,596
|
2,659
|
2,691
|
2,764
|
26
|
2,461
|
2,482
|
2,523
|
2,576
|
2,629
|
2,692
|
2,723
|
2,797
|
27
|
2,493
|
2,514
|
2,555
|
2,608
|
2,661
|
2,724
|
2,756
|
2,829
|
28
|
2,525
|
2,546
|
2,588
|
2,641
|
2,694
|
2,757
|
2,789
|
2,863
|
29
|
2,557
|
2,579
|
2,621
|
2,673
|
2,726
|
2,790
|
2,821
|
2,896
|
30
|
2,591
|
2,611
|
2,654
|
2,706
|
2,759
|
2,822
|
2,854
|
2,928
|
31
|
2,623
|
2,644
|
2,687
|
2,739
|
2,792
|
2,855
|
2,887
|
2,961
|
32
|
2,656
|
2,676
|
2,719
|
2,772
|
2,824
|
2,888
|
2,919
|
2,994
|
33
|
2,689
|
2,709
|
2,752
|
2,805
|
2,857
|
2,920
|
2,953
|
3,026
|
34
|
2,721
|
2,743
|
2,785
|
2,838
|
2,890
|
2,954
|
2,986
|
3,059
|
35
|
2,754
|
2,775
|
2,817
|
2,870
|
2,923
|
2,987
|
3,018
|
3,092
|
36
|
2,787
|
2,808
|
2,850
|
2,903
|
2,956
|
3,019
|
3,051
|
3,124
|
37
|
2,819
|
2,841
|
2,883
|
2,936
|
2,989
|
3,052
|
3,083
|
3,157
|
38
|
2,852
|
2,873
|
2,915
|
2,968
|
3,021
|
3,084
|
3,116
|
3,190
|
39
|
2,885
|
2,906
|
2,948
|
3,001
|
3,054
|
3,117
|
3,149
|
3,222
|
40
|
2,917
|
2,939
|
2,980
|
3,033
|
3,087
|
3,150
|
3,181
|
3,256
|
(2) Each service employee shall receive the amount prescribed
in the Minimum Pay Scale in accordance with the provisions of this subsection according to their class title and pay grade as set
forth in this subdivision:
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 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
Educational Sign Language Interpreter I ................... F
Educational Sign Language Interpreter II .................. G
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
Licensed Practical Nurse F
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 G
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Sign Support Specialist .....................................E
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
(b) An additional $12 per month shall be is added to the
minimum monthly pay of each service employee person who holds a
high school diploma or its equivalent.
(c) An additional $11 per month also shall be is added to the
minimum monthly pay of each service employee person for each of the
following:
(1) A service employee person who holds twelve college hours
or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) A service employee person who holds twenty-four college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(3) A service employee person who holds thirty-six college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(4) A service employee person who holds forty-eight college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(5) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(6) A service employee person who holds seventy-two college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(7) A service employee person who holds eighty-four college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(8) A service employee person who holds ninety-six college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(9) A service employee person who holds one hundred eight
college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee person who holds one hundred twenty
college hours or comparable credit obtained in a trade or
vocational school as approved by the state board;
(d) An additional $40 per month also shall be is added to the
minimum monthly pay of each service employee person for each of the
following:
(1) A service employee person who holds an associate's degree;
(2) A service employee person who holds a bachelor's degree;
(3) A service employee person who holds a master's degree;
(4) A service employee person who holds a doctorate degree.
(e) An additional $11 per month shall be is added to the
minimum monthly pay of each service employee person for each of the
following:
(1) A service employee person who holds a bachelor's degree
plus fifteen college hours;
(2) A service employee person who holds a master's degree plus
fifteen college hours;
(3) A service employee person who holds a master's degree plus
thirty college hours;
(4) A service employee person who holds a master's degree plus
forty-five college hours; and
(5) A service employee person who holds a master's degree plus
sixty college hours.
(f) An Educational Sign Language Interpreter II who holds
certification through the Educational Interpreters Performance
Assessment (EIPA), the National Interpreter Certification (NIC), or
both, receives an additional amount per month added to his or her
minimum monthly pay as follows:
_____(1) For EIPA certification with a score of 3.5 to 3.9 and NIC
certification, $25;
_____(2) For EIPA certification with a score of 4.0 to 4.4, $35;
_____(3) For EIPA certification with a score of 4.0 to 4.4 and NIC
certification, $55;
_____(4) For EIPA certification with a score of 4.5 to 5.0, $85;
and
_____(5) For EIPA certification with a score of 4.5 to 5.0 and NIC
certification, $125.
_____(6) The state Board may designate by board policy
certifications not included in this subsection which are equivalent
to those listed and qualify for the additional pay provided.
_____(f) (g) To meet the objective of salary equity among the
counties, each service employee person shall be is paid an equity
supplement, as set forth in section five of this article, of $152
per month, subject to the provisions of that section. These
payments: (i) Shall be Are in addition to any amounts prescribed in
the applicable State Minimum Pay Scale Pay Grade, any specific
additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to section five-b
of this article; (ii) shall be is paid in equal monthly
installments; and (iii) shall be is considered a part of the state
minimum salaries for service personnel.
(g) (h) When any part of a school service employee's person'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 is paid no less than an additional $10 per month and one half of
the pay shall be is paid with local funds.
(h) (i) Any service employee person required to work on any
legal school holiday shall be is paid at a rate one and one-half
times the employee's person's usual hourly rate.
(i) (j) 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 is 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.
(j) (k) No service employee person may have his or her daily
work schedule changed during the school year without the employee's
written consent and the employee's person'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.
(k) (l) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be
is no less than one seventh of the employee's person's daily total
salary for each hour the employee person 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 used
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 persons within that classification
category of employment within that county: Provided, however, That
the vote shall be is by secret ballot if requested by a service
person 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 is prorated accordingly. When
performing extra duty assignments, employees persons 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 person were employed on a full-day salary basis.
(l) (m) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties
required for asbestos removal shall be is their regular total daily
rate of pay and no less than an additional $3 per hour or no less
than $5 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 is no less than the minimum amount
as established in the employee's regular employment county for
asbestos removal and an additional $30 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 used
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.
(m) (n) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be is 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 a
certified professional person 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 a certified professional person"
means that certified professional person is present, with and
accompanying the aide.
NOTE: The purpose of this bill is to provide a sign support
specialist or an educational sign language interpreter in the
education of exceptional children. It also deals with school
service personnel, service personnel classification, compensation
and duties. The bill specifies employment duties for certain
positions, modifies certain service personnel classification
titles, establishes certain service personnel classification titles
and sets their wages. The bill also establishes conditions for
employer payment of and continuing education credit accrual for
certain certification acquisition.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.