WEST virginia legislature

2024 regular session

Introduced

House Bill 5056

By Delegates Toney, Statler, Burkhammer and Ellington

[Introduced January 23, 2024; Referred

to the Committee on Education]

A BILL to amend and reenact §18A-4-8h of the Code of West Virginia, 1931, as amended, relating to allowing for service personnel to serve as substitute workers under certain conditions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8h. Limitation on number of school service personnel positions to be held by an employee.

(a) Upon the effective date of this section, no school service personnel shall be permitted to become employed in more than one regular full-day position, nor more than two one-half day positions at the same time: Provided, That nothing herein shall be construed to prohibit a school service personnel from holding an extracurricular assignment or assignments, as provided in section sixteen of this article, or summer positions, as provided in section thirty-nine, article five, chapter eighteen of this code, nor from performing extra-duty assignments, as provided in section eight-b of this article, in addition to his or her regular position.

(b) Due to the shortages of substitutes in service personnel positions, a service personnel may substitute on a day-to-day basis in a position outside of their regular full-time position: Provided, That a service personnel may not substitute in another position if:  

(a) A qualified substitute is available to fill the shift;

(b) The shift interferes with their regular duties and or responsibilities; and

(c) The service personnel assuming the shift is not properly certified and trained for that position.

NOTE: The purpose of this bill is to allow for service personnel to serve as substitute workers under certain conditions.    

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