Engrossed Version House Bill 4572 History

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FISCAL NOTEWEST virginia Legislature

2016 regular session


House Bill 4572

By Delegates Espinosa, Statler, Blackwell,
D. Evans, Romine, Westfall, Stansbury
and R. Smith

[Introduced February 16, 2016; Referred
to the Committee on Education.]

A BILL to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended, relating to excepting specialized contract instructors from the definition of teacher; and defining that term.

Be it enacted by the Legislature of West Virginia:

That §18-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§18-1-1. Definitions.

The following words used in this chapter and in any proceedings pursuant thereto have the meanings ascribed to them unless the context clearly indicates a different meaning:

(a) ASchool@ means the students and teachers assembled in one or more buildings, organized as a unit;

(b) ADistrict@ means county school district;

(c) AState board@ means the West Virginia Board of Education;

(d) ACounty board@ or Aboard@ means a county board of education;

(e) AState superintendent@ means the state superintendent of free schools;

(f) ACounty superintendent@ or Asuperintendent@ means a county superintendent of schools;

(g) ATeacher@ means a teacher, supervisor, principal, superintendent, public school librarian or any other person regularly employed for instructional purposes in a public school in this state except specialized contract instructors;

(h) AService person@ or Aservice personnel,@ whether singular or plural, means any nonteaching school employee who is not included in the meaning of Ateacher@ as defined in this section, and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides. Any reference to Aservice employee@ or Aservice employees@ in this chapter or chapter eighteen-a of this code means service person or service personnel as defined in this section;

 (i) ASocial worker@ means a nonteaching school employee who, at a minimum, possesses an undergraduate degree in social work from an accredited institution of higher learning and who provides various professional social work services, activities or methods as defined by the state board for the benefit of students;

“Specialized contract instructor” means a person licensed to teach in this state who provides specialized instruction in the public schools in specific limited subject areas and circumstances and who:

(1) Is a part time employee of a county board, county boards or regional education service agency;

(2) Is selected for contractual employment solely on the basis of qualifications to perform the specialized instructional duties;

(3) If employed by a regional education service agency, provides the instruction under an agreement between a county board or boards and the regional education service agency: Provided, That the specialized contract instructor is employed for less than three and one-half hours per day. 

(4) Works at the direction of a classroom teacher to provide specialized instruction to help improve the learning and academic mastery of those students who need additional support;

(5) Does not have a regular assigned classroom and is not the teacher of record for a class or classes of students; and

(6) Is subject to assignment, evaluation, professional development, compensation, benefits, employment and dismissal only as may be provided in the employment contract: Provided, That in no event shall a specialized contract instructor displace a teacher.   

(j) ARegular full-time employee@ means any person employed by a county board who has a regular position or job throughout his or her employment term, without regard to hours or method of pay;

(k) ACareer clusters@ means broad groupings of related occupations;

(l) AWork-based learning@ means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity;

(m) ASchool-age juvenile@ means any individual who is entitled to attend or who, if not placed in a residential facility, would be entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter;

(n) AStudent with a disability@ means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter;

(o) ACasual deficit@ means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year; and

(p) AAthletic director@ means a person employed by a county board to work in a school=s athletic program pursuant to section one-a, article two, chapter eighteen-a of this code.


NOTE: The purpose of this bill is to except “specialized contract instructors” from the definition of teacher. The bill also defines that term.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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