H. B. 2169
(By Delegates Perry, P. Smith, Paxton, Marcum,
Barill and Rowan)
[Introduced February 13, 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 school service personnel classification and
compensation; modifying and updating certain classification
titles; modifying certain pay grade levels; and providing for
additional compensation in certain circumstances.
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 sign support specialist or 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 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 a school employee or qualified
applicant who becomes an employee by a county board
of education,
the cost shall be 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 an 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 If a license
renewal is required by a county board of an employee employed as an
electrician 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 license the renewal shall be paid in
full by the county board.
of education
(e)
The cost of certification renewal shall be paid in full by
the county board for a service person who is:
_____(1) Employed as an educational sign language interpreter I or
II and is required to complete 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 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 testing, training or continuing education in order to
advance to an educational sign language interpreter I or II.
_____(f) For a 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.
_____(g) Compliance
with or failure to comply or noncompliance 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 a 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
work on a Saturday or Sunday, the service person shall be 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 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 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
is:
(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) (8) "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) selected and trained as
a teacher-aide in such areas of responsibility as monitor aide,
clerical aide, classroom aide or general aide;
_____(9) "Aide III" means a service person referred to in the
"Aide
I" "Aide II" 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) (10) "Aide IV" means a service person referred to in the
"Aide I" "Aide II" 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) (11) "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) (12) "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 (13) "Braille 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) (14) "Bus operator" means a person employed to operate
school buses and other school transportation vehicles as provided
by the state board;
(17) (15) "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) (16) "Cabinetmaker" means a person employed to construct
cabinets, tables, bookcases and other furniture;
(19) (17) "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"
(18) "Carpenter" means a person classified as a journeyman
carpenter;
(22) (19) "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"
(20) "Clerk" means a person employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines;
(25) (21) "Computer operator" means a qualified person
employed to operate computers;
(26) "Cook I" means a person employed as a cook's helper;
(27) (22) "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) (23) "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) (24) "Custodian II" means a person employed as a watchman
or groundsman;
(32) (25) "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) (26) "Custodian IV" means a person employed as
a head
custodians custodian and, in addition to providing services as
defined in "Custodian III", duties may include supervising other
custodian personnel;
(34) (27) "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 the director or
coordinator of services 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
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) (28) "Draftsman" means a person employed to plan, design
and produce detailed
architectural and engineering drawings;
(29) "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.
_____(30) "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) "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) "Electrician II"
(31) "Electrician" means a person employed as an electrician
journeyman or
one who holds a journeyman electrician license issued
by the State Fire Marshal;
(38) "Electronic technician I" means a person employed at the
apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means a person employed at the
journeyman level to repair and maintain electronic equipment;
(40) (32) "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) (33) "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) (34) "Foreman" means a skilled person employed to
supervise personnel who work in the areas of repair and maintenance
of school property and equipment
and, in addition to supervising,
may be assigned repair and maintenance duties.
_____(43) (35) "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,
to
perform routine manual tasks in an operation of the county school
system, to replace glass or other materials in windows and doors,
to do minor carpentry tasks, to maintain the appearance, repair and
general care of school grounds in a county schools system and to
protect school property against damage or theft;
_____(44) "Glazier" means a person employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(36) Graphic communications operator means a person employed
to operate and maintain printing equipment and to prepare and
distribute materials;
_____(45) "Graphic artist (37) "Graphic designer" means a person
employed to prepare graphic illustrations
and communications using
color type, illustration, photography, animation, various print and
layout techniques for print and other media including web
publications;
_____(46) "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) "Handyman" means a person employed to perform routine
manual tasks in any operation of the county school system;
(48) "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) "Heating and air conditioning mechanic II"
(38) "Heating and air conditioning mechanic" means a person
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(50) (39) "Heavy equipment operator" means a person employed
to operate heavy equipment;
(51) (40) "Inventory supervisor" means a person employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies;
(52) "Key punch operator" means a qualified person employed to
operate key punch machines or verifying machines;
(53) (41) "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) (42) "Locksmith" means a person employed to repair and
maintain locks and safes;
(55) "Lubrication man" means a person employed to lubricate
and service gasoline or diesel-powered equipment of a county school
system;
(56) (43) "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) "Mail clerk (44) "Mail courier" means a person employed
to receive, sort, dispatch, deliver or otherwise handle letters,
parcels and other mail;
(58) "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) (45) "Mason" means a person employed to perform tasks
connected with brick and block laying and carpentry tasks related
to these activities;
(60) (46) "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) "Mechanic assistant" means a person employed as a
mechanic apprentice and helper;
(62) (47) "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) "Office equipment repairman I" means a person employed as
an office equipment repairman apprentice or helper;
(64) "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) (48) "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) (49) "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) (50) "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) "Plumber I" means a person employed as an apprentice
plumber and helper;
(69) "Plumber II" means a person employed as a journeyman
plumber
(51) "Plumber" means a person employed to provide general
repair, maintenance and installation of utility lines and systems
necessary for heat, water and sewage disposal in school system
facilities for the efficient maintenance and preventive maintenance
of school system plants;
_____(70) "Printing operator" means a person employed to operate
duplication equipment, and to cut, collate, staple, bind and shelve
materials as required;
(71) "Printing supervisor" means a person employed to
supervise the operation of a print shop;
(72) (52) "Programmer" means a person employed to design and
prepare programs for computer operation;
(73) (53) "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) (54) "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) (55) "School bus supervisor" means a qualified person
who
is:
(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) "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)
(56) "Secretary II" means a person employed in
any a
elementary, secondary, kindergarten, nursery, special education,
vocational career or technical 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 operating audio and electronic equipment,
preparing reports, receiving callers and referring them to proper
persons,
operating switchboard equipment and operating office
machines
and keeping records and handling routine correspondence.
Nothing in this subdivision prevents a service person from holding
or being elevated to a higher classification;
(78) (57) "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 a person who has served for eight years in a
position which meets the definition of "secretary II" or "secretary
III";
(58) "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) (59) "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) (60) "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) "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;
(61) "Technology system specialist" means a service person
qualified and employed to perform hands-on repair, service,
maintenance and installation of local area networks, servers,
computers, computer work stations, printers, computer related
equipment, computer related systems, computer related technologies
and other office electronic equipment utilized in the areas of data
sharing, communication, printing, visual teaching aids and
security in the school system;
_____(82) (62) "Truck driver" means a person employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(83) (63) "Warehouse clerk" means a person employed to be
responsible for receiving, storing, packing and shipping goods;
and
_____(84) "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) (64) "Welder" means a person employed to provide
acetylene or electric welding services for a school system.
and
(86) "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 A county board failing to comply with the provisions
of this article may be compelled to do so by mandamus and is liable
to
any a party prevailing against the board for court costs and
the
prevailing party's reasonable attorney fee attorney fees 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 A 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 is not 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) The employment contract of a service person holding a
classification title on June 30, 2013, who is removed from the
classification schedule pursuant to this section, shall be revised
as follows:
_____(1) A service person holding the Aide I classification title
has that classification deleted and the classification title Aide
II added to his or her employment contract. This action does not
require the service person to take the aide competency test and does not result in a loss or reduction of salary or supplement by
the employee. Seniority earned in the Aide I classification prior
to July 1, 2013, continues to be credited as seniority earned with
the Aide II classification;
_____(2) A service person holding the Braille or Sign Language
Specialist classification title has that classification title
renamed as either Braille Specialist or Sign Support Specialist.
This action does not result in a loss or reduction of salary or
supplement. 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;
_____(3) A 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. Seniority earned in the Paraprofessional
classification prior to July 1, 2013, continues to be credited as
seniority earned in the Educational Interpreter I classification;
_____(4) A 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. Seniority earned in the
Paraprofessional classification prior to July 1, 2013, continues to
be credited as seniority earned in the Educational Interpreter II
classification;
_____(5) A service person holding either the Carpenter I or
Carpenter II classification title has that classification title
deleted and the classification title Carpenter added to his or her
employment contract. This action does not require any employee to
take the carpenter competency test and does not result in a loss or
reduction of salary or supplement by any employee. Seniority
earned in the Carpenter I or Carpenter II classification prior to
July 1, 2013, continues to be credited as seniority earned in the
Carpenter classification;
_____(6) A service person holding either the Clerk I or Clerk II
classification title has that classification title deleted and the
title clerk added to his or her employment contract. This action
does not require any employee to take the clerk competency test and
does not result in a loss or reduction of salary or supplement by
any employee. Seniority earned in the Clerk I or Clerk II
classification prior to July 1, 2013, continues to be credited as
seniority earned in the clerk classification;
_____(7) A service person holding the Cook I classification title
has that classification title deleted and the title Cook II added to his or her employment contract. This action does not require
the employee to take the cook competency test and does not result
in a loss or reduction of salary or supplement by the employee.
Seniority earned in the Cook I classification prior to July 1,
2013, continues to be credited as seniority earned in the Cook II
classification;
_____(8) A service person holding either the Electrician I or
Electrician II classification title has that classification title
deleted and the title Electrician added to his or her employment
contract. This action does not require the employee to take the
electrician competency test nor to obtain any additional licensure
and does not result in a loss or reduction of salary or supplement
by the employee. Seniority earned in the Electrician I or
Electrician II classification prior to July 1, 2013, continues to
be credited as seniority earned in the electrician classification;
_____(9) A service person holding the Crew Leader classification
title has that title deleted and the title Foreman added to his or
her employment contract. This action does not require the employee
to take the foreman competency test and does not result in a loss
or reduction of salary or supplement by the employee. Seniority
earned in the Crew Leader classification prior to July 1, 2013,
continues to be credited as seniority earned in the foreman
classification;
_____(10) A service person holding the Groundsman, Handyman, Glazier or Watchman classification title has that title deleted and
the title General Maintenance added to his or her employment
contract. This action does not require the employee to take the
general maintenance competency test and does not result in a loss
or reduction of salary or supplement by the employee. Seniority
earned in the Groundsman, Handyman, Glazier or Watchman
classification prior to July 1, 2013, continues to be credited as
seniority earned in the general maintenance classification;
_____(11) A service person holding the Printing Operator or
Printing Supervisor classification title has that title deleted
and the title Graphic Communications Operator added to his or her
employment contract. This action does not require the employee to
take the graphic communications operator competency test and does
not result in a loss or reduction of salary or supplement by the
employee. Seniority earned in the Printing Operator or Printing
Supervisor classification prior to July 1, 2013, continues to be
credited as seniority earned in the Graphic Communications Operator
classification;
_____(12) A service person holding either the Heating and Air
Conditioning Mechanic I or Heating and Air Conditioning Mechanic II
classification title has that title deleted and the title Heating
and Air Conditioning Mechanic added to his or her employment
contract. This action does not require any employee to take the
heating and air conditioning mechanic competency test nor acquire any additional licensure and does not result in a loss or reduction
of salary or supplement by any employee. Seniority earned in the
Heating and Air Conditioning Mechanic I or Heating and Air
Conditioning Mechanic II classification prior to July 1, 2013,
continues to be credited as seniority earned in the Heating and
Air Conditioning Mechanic classification;
_____(13) A service person holding the Mail Clerk classification
title has that title deleted and the title Mail Courier added to
his or her employment contract. This action does not require the
employee to take the mail courier competency test and does not
result in a loss or reduction of salary or supplement by the
employee. Seniority earned in the Mail Clerk classification prior
to July 1, 2013, continues to be credited as seniority earned in
the mail courier classification;
_____(14) A service person holding the Lubrication Man or Mechanic
Assistant classification title has that title deleted and the title
Mechanic added to his or her employment contract. This action does
not require the employee to take the mechanic competency test and
does not result in a loss or reduction of salary or supplement by
the employee. Seniority earned in the Lubrication Man or Mechanic
Assistant classification prior to July 1, 2013, continues to be
credited as seniority earned in the mechanic classification;
_____(15) A service person holding either the Plumber I or Plumber
II classification title has that title deleted and the title Plumber added to his or her employment contract. This action does
not require any employee to take the plumber competency test nor to
acquire any additional licensure and does not result in a loss or
reduction of salary or supplement by any employee. Seniority earned
in the Plumber I or Plumber II classification prior to July 1,
2013, continues to be credited as seniority earned in the plumber
classification;
_____(16) A service person holding the Secretary I or Switchboard
Operator-Receptionist classification title has that title deleted
and the title Secretary II added to his or her employment contract.
This action does not require the employee to take the secretary
competency test and does not result in a loss or reduction of
salary or supplement by the employee. Seniority earned in the
Secretary I or Switchboard Operator-Receptionist classification
prior to July 1, 2013, continues to be credited as seniority earned
in the Secretary II classification;
_____(17) A service person holding the Audiovisual Technician,
Electronic Technician I or II, or Office Equipment Repairman I or
II classification has that title deleted and the title Technology
System Specialist added to his or her employment contract. This
action does not require the employee to take the technology systems
specialist competency test and does not result in a loss or
reduction of salary or supplement by the employee. Seniority earned in the Audiovisual Technician, Electronic Technician I or II,
Office Equipment Repairman I or II classification prior to July 1,
2013, continues to be credited as seniority earned in the
Technology Systems Specialist classification; and
_____(18) A service person holding the Maintenance Clerk
classification has that title deleted and the title Warehouse Clerk
added to his or her employment contract. This action does not
require the employee to take the warehouse clerk competency test
and does not result in a loss or reduction of salary or supplement
by the employee. Seniority earned in the Maintenance Clerk
classification prior to July 1, 2013, continues to be credited as
seniority earned in the Warehouse Clerk classification.
_____(t) After June 30, 2013, an employee may not be employed as a
Food Services Supervisor for the first time. Employees who hold
this classification retain the classification at the same pay grade
as provided by section eight-a of this article and an employee who
previously held that classification retains the seniority earned in
that classification category.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service
employee person
shall be as follows:
(1) Beginning July 1, 2011, and continuing thereafter, the
minimum monthly pay for each service
employee person 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 person 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 person 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
Cafeteria Manager E
Carpenter I E
Carpenter_F
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk_____C
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
Education Sign Language Interpreter II________G
Electrician I F
Electrician________G
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 Designer D
Graphic Communications Operator________G
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic________G
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 Courier 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___G
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
Technology System Specialist________G
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 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 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 person 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; and
(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 added to the
minimum monthly pay of each service 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 added to the minimum
monthly pay of each service 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) To meet the objective of salary equity among the counties,
each service employee person shall be 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:
(1) 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
(2) Paid in equal monthly installments; and (iii) shall be
(3) Considered a part of the state minimum salaries for service
personnel.
(g) A Mechanic, Chief Mechanic or Supervisor of Transportation
who holds certification by the American Institute for Automotive Service Excellence in the ASE School Bus Technician Series shall
receive an additional amount per month added to his or her minimum
monthly pay as follows:
_____(1) For certification in three areas, $35; and
_____(2) For certification in seven areas, $145.
_____(h) An Educational Sign Language Interpreter II who holds
certification through the Educational Interpreters Performance
Assessment (EIPA) or the National Interpreter Certification (NIC),
shall receive 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.
_____(g) (i) When any part of a school service 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 paid no less
than an additional $10 per month and one half of the pay shall be
paid with local funds.
(h) Any (j) A service person required to work on any a legal
school holiday shall be paid at a rate one and one-half times the
person's usual hourly rate.
(i) Any (k) Full-time service personnel required to work in
excess of their his or her normal working day during any a week
which contains a school holiday for which they are paid paid school
holiday 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.
(j) No service employee may (l) A service person may not have
his or her daily work schedule changed during the school year
without the person's written consent and the employee's service
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) (m) 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 service person's daily
total salary for each hour the employee service 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 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 person within that classification
category within that county. The salary for any fraction of an hour
the employee service person is involved in performing the assignment
shall be prorated accordingly. When performing extra duty
assignments, employees service 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 service person
were employed on a full-day salary basis.
(l) (n) The minimum pay for any service personnel employees a
service person 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 $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 a 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 service person's
regular employment county for asbestos removal and an additional $30
per each day the employee service person 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 county board shall provide all necessary
protective equipment and maintain all records required by the
Environmental Protection Act.
(m) (o) 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 modify and update certain
classification titles of school service personnel, to modify certain
pay grade levels of school service personnel and to provide for
additional compensation in certain circumstances.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.