HB2139 HFIN FBM                                 HOUSE COMMITTEE ON FINANCE

FLOOR BOOK MEMO

H. B. 2139 (Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes.)

Sponsors:             Delegates Perry, Pasdon, Phillips, L., Hamrick, Rowan, Ambler, Cooper, Espinosa, Pethtel, Romine and Longstreth

Attorney:              AC 

Date:                     February 18, 2015

Title:                     Ok

Fiscal Note:          Yes

Code:                    §18A-2-3 (amend)

Purpose: The bill would amend the provisions of the WV Code relating to the employment of retired teachers as substitute teachers in areas of critical need and shortage. Current law provides an exception to the prohibition against retired teachers working as substitutes for more than 140 days without their retirement being benefits reduced. To qualify for the exception, the county school board in which the retired teacher works as a substitute must adopt an annual policy to address areas of critical need and shortage which is approved by the State Board of Education. The county board must then submit to the Consolidated Pensions Retirement Board (CPRB) and the State Board an affidavit signed by the superintendent stating the teacher to be employed pursuant to the policy and the current need for such employment. The bill would add to this process that the State Board must verify compliance with the statute and the eligibility of the critical needs substitute for employment beyond the post-retirement limit and then submit the affidavit to the CPRB.

          The bill requires the retired teacher to have been retired at least 40 days prior to the beginning of the employment term during which he or she is employed as a substitute.

          The bill also requires the county board to continue to post the vacant position that is filled with a critical needs substitute: (1) until the position is filled with a regularly employed teacher who is fully certified or permitted for the position; and (2) electronically and in a way that is easily accessible to prospective employees as determined by the State Board.

          The bill extends the provisions of the statute which expired June 30, 2014, to June 30, 2017.

Notes: This bill was reported out of the Committee on Education with an amendment that made stylistic changes and one substantive change which reduced the waiting period from 40 days to 20 days between a teacher’s retirement and the beginning of the employment term in which he or she would be serving as a substitute teacher.

Committee Action: The Committee on Finance reported a Committee Substitute which incorporates the Committee on Education’s amendment with technical changes.

Effective Date:     Regular