H. B. 4055
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced January 16, 2008; referred to the
Committee on Education then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18A-4-21, relating
to authorizing an additional salary bonus for certain
classroom teachers employed to provide classroom instruction
in math, science, or special education or employed in certain
positions that have remained vacant for a period of one year
or more.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18A-4-21, to read as
follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-21. Math, science, special education and immediate need
bonus.
(a) Legislative findings. -- The Legislature hereby finds and declares that there is an urgent demand for the recruitment of new
teachers to fill positions of immediate need, as well as to provide
instruction in certain subject area fields such as mathematics,
science, and special education, and that teacher shortages in these
positions threaten the state's competitive standing in the economy
of the twenty-first century. Therefore, prospective classroom
teachers in the public schools of West Virginia should be
encouraged to obtain certification in these subject area fields
and/or to fill positions of immediate need through an additional
salary bonus to be paid in accordance with the provisions of this
section.
(b) Eligible teachers. -- To receive an additional salary
bonus in accordance with the provisions of this section, a
classroom teacher shall have accepted an offer of employment in a
position meeting one of the following criteria:
(1) The classroom teacher shall have accepted an offer of
employment in a teaching position that, for a period of at least
one year prior to the offer of employment, has been posted in
accordance with the provisions of section seven-a, article four of
this chapter, and for which no fully qualified applicant has been
employed; or
(2) The classroom teacher shall hold a valid teaching
certificate in accordance with the provisions of article three of
this chapter licensing him or her to teach in mathematics, science, or special education and shall have accepted an offer of employment
to provide classroom instruction in his or her area of
certification and licensure.
(c) Limitations. -- To receive an additional salary bonus in
accordance with the provisions of this section, a classroom teacher
shall have been offered employment on or after the effective date
of this section: Provided, That a classroom teacher shall not have
been employed in a position meeting either of the eligibility
criteria set forth in subsection (b) of this section within the
twelve months immediately preceding his or her hire: Provided,
however, That on the effective date of this section, a classroom
teacher employed in a position that does not meet either of the
eligibility criteria set forth in subsection (b) of this section
may thereafter qualify for the additional salary bonus by accepting
an offer of employment in a position meeting either of the
eligibility criteria set forth therein: Provided further, That
notwithstanding any provision of this code to the contrary, no
classroom teacher is eligible to receive the additional salary
bonus authorized by this section more than once.
(d) Bonus. -- In addition to any amounts prescribed in the
applicable state minimum salary schedule, effective the first day
of July, two thousand eight, an additional salary bonus of five
thousand dollars shall be paid to each classroom teacher meeting
the eligibility criteria and limitations set forth in subsections (b) and (c) of this section: Provided, That payment of the
additional salary bonus shall be subject to the availability of
funds, and nothing in this section shall be construed to guarantee
payment of the additional salary bonus to any classroom teacher
absent specific legislative appropriation therefor. The payment
shall be:
(1) Made in a lump sum payment upon the effective date of
employment; and
(2) Subject to all applicable federal and state employment or
wage withholding requirements.
(e) Repayment of bonus. -- In consideration for the additional
salary bonus paid pursuant to this section, the county board of
education shall require a classroom teacher that receives the
additional salary bonus to enter into a written agreement in
advance of the payment of such bonus that, if the classroom teacher
should voluntarily discontinue employment or voluntarily accept
another position of employment with the county board that does not
meet the eligibility criteria and limitations set forth in
subsections (b) and (c) of this section, at any time within three
years immediately following payment of the bonus, he or she shall
be obligated to pay to the county board a pro rata portion of the
additional salary bonus equal to the part of such three-year period
which the teacher has chosen not to remain employed by the county
board in a position eligible for the receipt of such bonus. The county board is authorized to withhold such prorated amounts from
any final payments due and owing to the teacher.
(f) Math, science, special education and immediate need bonus
fund. --
(1) There is hereby established in the State Treasury a
special account designated the Math, Science, Special Education and
Immediate Need Bonus Fund.
(2) The fund shall consist of any moneys appropriated by the
Legislature and any interest or other return on the moneys in the
fund. Any moneys remaining in the account at the end of a fiscal
year, including accrued interest, do not revert to the General
Revenue Fund, but remain in the account.
(3) Moneys appropriated for deposit into this account shall be
administered by the State Department of Education to provide
additional salary bonuses authorized by this section and
distributed to county boards of education pursuant to procedures
established by the State Department of Education.
NOTE: The purpose of this bill is to establish a recruitment
bonus for new math, science and special education teachers, or
teachers filling positions that have remained vacant for one year
or more.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.