ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2160
(By Delegate Ashcraft)
[Passed April 8, 1993; in effect from passage.]
AN ACT to repeal section five, article five, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended; to amend and reenact section six of said
article; to amend and reenact section three, article one,
chapter five-g of said code; to amend and reenact sections
one-a, two and four, article five, chapter eighteen of said
code; to further amend said article by adding thereto a new
section, designated section fourteen; to amend and reenact
sections two, three and six, article five-a of said chapter;
to amend and reenact section three-a, article nine of said
chapter; and to amend and reenact sections two and fourteen,
article four, chapter eighteen-a of said code, all relating
to repeal of obsolete language and clarification of
statutory language relating to the election of county board
of education members; permitting county boards of education
to start selection process over in original order of
preference in negotiating for architect-engineer service
bids; relating to the eligibility of members to serve and
providing for the circuit court to remove a member who
refuses to complete the required training; provides that
members appointed to fill vacancies serve until the
thirtieth day of June following the next primary election;
requiring a public hearing on proposed county board budgets
not less than ten days after the budget has been made
available to the public and prior to submission of the
budget to the state board for approval; requiring county
boards to adopt enumerated policies; providing for election
of members to local school improvement councils, changing
election to September, setting an organizational meeting by
the first day of October, providing for elected chair
serving a one-year term and providing that members be
elected for two-year terms on staggered election basis;
authorizes school improvement councils to seek advisory
opinions from the state board when a policy or rule waiver
request is denied by or not acted upon by a county board and
providing for records and reports of waivers which are
requested; directing that curriculum teams be extended to
all schools and making science and technology basic skills;
changing the time for county boards to publish their
financial statements to sixty days after the close of the
fiscal year; and requiring planning periods during the
school instructional day.
Be it enacted by the Legislature of West Virginia:
That section five, article five, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section six of said article be amended
and reenacted; that section three, article one, chapter five-g of
said code be amended and reenacted; that sections one-a, two andfour, article five, chapter eighteen of said code be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section fourteen; that sections two,
three and six, article five-a of said chapter be amended and
reenacted; that section three-a, article nine of said chapter be
amended and reenacted; and that sections two and fourteen,
article four, chapter eighteen-a of said code be amended and
reenacted, all to read as follows:
CHAPTER 3. ELECTIONS.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-6. Election of county board of education members at primary
elections.
(a) An election for the purpose of electing members of the
county board of education shall be held on the same date as the
primary elections, as provided by law, but upon a nonpartisan
ballot printed for the purpose.
(b) No more than two members may be elected or serve from
the same magisterial district. The eligibility of candidates to
be declared elected for full terms of four years and for
unexpired terms of two or more years based on this limitation
shall be determined at the time of certification of the election.
(1) Such eligibility shall be based on the magisterial
district residence of incumbent members of the board whose terms
will continue beyond the first day of July following the primary
election.
(A) No person is eligible to be declared elected who
resides in a district which has two such incumbent members.
(B) No more than one candidate is eligible to be declaredelected who resides in a district which has one such incumbent
member.
(C) A person with the highest number of votes may be
declared elected to an unexpired term notwithstanding the fact
that the person's magisterial district has two representatives
serving on the board at the time of the election:
Provided,
That
the number of representatives from that magisterial district will
be less than two as of the first day of July following the
primary.
(2) The person declared elected to an unexpired term shall
assume the duties of a member of the board of education according
to the provisions of section two, article five, chapter eighteen
of this code.
(c) In each nonpartisan election for board of education the
board of canvassers shall:
(1) Declare and certify the election of the required number
of eligible candidates receiving the highest numbers of votes to
fill any full terms;
(2) Declare and certify the election of the required number
of eligible candidates receiving the next highest numbers of
votes, after all full terms are filled, to fill any unexpired
terms.
(d) It is the intent of this statute that any person
declared to be elected under the preceding provisions of this
section shall take office as a duly elected member or members,
even though the person may not have received a majority or
plurality of all votes cast at such election.
(e) In case of a tie vote for a seat on a county board ofeducation in any primary election, the provisions of section
twelve, article six of this chapter shall control in breaking
the tie.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER
SERVICES BY STATE AND ITS SUBDIVISIONS.
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES.
§5G-1-3. Contracts for architectural and engineering services;
selection process where total project costs are estimated to
cost two hundred fifty thousand dollars or more.
In the procurement of architectural and engineering services
for projects estimated to cost two hundred fifty thousand dollars
or more, the director of purchasing shall encourage such firms
engaged in the lawful practice of the profession to submit an
expression of interest, which shall include a statement of
qualifications and performance data, and may include anticipated
concepts and proposed methods of approach to the project. All
such jobs shall be announced by public notice published as a
Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code. A committee of
three to five representatives of the agency initiating the
request shall evaluate the statements of qualifications and
performance data and other material submitted by interested firms
and select a minimum of three firms which, in their opinion, are
best qualified to perform the desired service. Interviews with
each firm selected shall be conducted and the committee shall
conduct discussions regarding anticipated concepts and proposed
methods of approach to the assignment. The committee shall then
rank, in order of preference, no less than three professionalfirms deemed to be the most highly qualified to provide the
services required, and shall commence scope of service and price
negotiations with the highest qualified professional firm for
architectural or engineering services or both. Should the agency
be unable to negotiate a satisfactory contract with the
professional firm considered to be the most qualified, at a fee
determined to be fair and reasonable, price negotiations with the
firm of second choice shall commence. Failing accord with the
second most qualified professional firm, the committee shall
undertake price negotiations with the third most qualified
professional firm. Should the agency be unable to negotiate a
satisfactory contract with any of the selected professional
firms, it shall select additional professional firms in order of
their competence and qualifications and it shall continue
negotiations in accordance with this section until an agreement
is reached:
Provided,
That county boards of education may either
elect to start the selection process over in the original order
of preference or it may select additional professional firms in
order of their competence and qualifications and it shall
continue negotiations in accordance with this section until an
agreement is reached.
CHAPTER 18. EDUCATION
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members.
No person shall be eligible for membership on any county
board who is not a citizen, resident in such county, or who
accepts a position as teacher or service personnel in the school
district in which he or she is a resident or who is an elected oran appointed member of any political party executive committee,
or who becomes a candidate for any other office than to succeed
oneself.
No member or member-elect of any board shall be eligible
for nomination, election or appointment to any public office,
other than to succeed oneself, or for election or appointment as
a member of any political party executive committee, unless and
until after that membership on the board, or his status as
member-elect to the board, has been terminated at or before the
time of his filing for such nomination for, or appointment to,
such public office or committee.
Any person who is elected or appointed to a county board on
or after the fifth day of May, one thousand nine hundred
ninety-two, shall possess at least a high school diploma or a
general educational development (GED) diploma:
Provided,
That
this provision shall not apply to members or members-elect who
have taken office prior to the fifth day of May, one thousand
nine hundred ninety-two, and who serve continuously therefrom.
No person elected to a county board after the first day of
July, one thousand nine hundred ninety, shall assume the duties
of board member unless he or she has first attended and completed
a course of orientation relating to boardsmanship and governance
effectiveness which shall be given between the date of election
and the beginning of the member's term of office:
Provided,
That
a portion or portions of subsequent training such as that offered
in orientation may be provided to members after they have
commenced their term of office:
Provided, however,
That
attendance at the session of orientation given between the dateof election and the beginning of the member's term of office
shall permit such member or members to assume the duties of board
member, as specified in this section. Members appointed to the
board shall attend and complete the next such course offered
following their appointment:
Provided further,
That the
provisions of this section relating to orientation shall not
apply to members who have taken office prior to the first day of
July, one thousand nine hundred eighty-eight, and who serve
continuously therefrom.
Commencing on the effective date of this section, members
shall annually receive seven clock hours of training in areas
relating to boardsmanship and governance effectiveness. Such
orientation and training shall be approved by the state board
and conducted by the West Virginia school board association or
other organization or organizations approved by the state board.
Failure to attend and complete such an approved course of
orientation and training relating to boardsmanship and governance
effectiveness without good cause as determined by legislative
rules of the state board shall constitute neglect of duty.
In the final year of any four-year term of office, a member
shall satisfy the annual training requirement before the first
day of January. The state board shall petition the circuit court
of Kanawha County to remove any county board member who has
failed to or who refuses to attend and complete the approved
course of orientation and training. If the county board member
fails to show good cause for not attending the approved course of
orientation and training, the court shall remove the member from
office.
§18-5-2. Filling vacancies.
(a) The board shall, by appointment, fill within forty-five
days any vacancy that occurs in its membership. In the event
that the board does not fill the vacancy within forty-five days,
the state superintendent of schools shall appoint a person to
fill the vacancy.
(b) (1) When the vacancy occurs after the eighty-fourth day
before a general election, and the affected term of office ends
on the thirtieth day of June following the next primary election,
the person appointed to fill the vacancy shall continue in office
until the completion of the term.
(2) When the vacancy occurs after the eighty-fourth day
before a general election and not later than the close of
candidate filing for the next succeeding primary election, and
the affected term of office does not end on the thirtieth day of
June following the next primary election, an election for the
unexpired term shall be held at the next primary election, and
the appointment shall continue until the thirtieth day of June
following the primary election with the duly elected and
certified successor taking office on the first day of July
following the primary election and serving until the expiration
of the original term of office.
(3) When the vacancy occurs after the close of candidate
filing for the primary election and not later than eighty-four
days before the general election, the vacancy shall be filled by
election in the general election, and the appointment shall
continue until a successor is elected and certified.
§18-5-4. Meetings; employment and assignment of teachers;
budget hearing; compensation of members; affiliation
with state and national associations.
The board shall meet on the first Monday of January, except
that in the year one thousand nine hundred eighty-two, and every
year thereafter, the board shall meet on the first Monday of
July, and upon the dates provided by law for the laying of
levies, and at such other times as the board may fix upon its
records. At any meeting as authorized above and in compliance
with the provisions of article four of this chapter, the board
may employ such qualified teachers, or those who will qualify by
the time of entering upon their duties, necessary to fill
existing or anticipated vacancies for the current or next ensuing
school year. At a meeting of the board, on or before the first
Monday of May, the superintendent shall furnish in writing to the
board a list of those teachers to be considered for transfer and
subsequent assignment for the next ensuing school year; all other
teachers not so listed shall be considered as reassigned to the
positions held at the time of this meeting. Such list of those
recommended for transfer shall be included in the minute record
and the teachers so listed shall be notified in writing, which
notice shall be delivered in writing, by certified mail, return
receipt requested, to such teachers' last-known addresses within
ten days following said board meeting, of their having been so
recommended for transfer and subsequent assignment.
Special meetings may be called by the president or any three
members, but no business shall be transacted other than that
designated in the call.
In addition, a public hearing shall be held concerning thepreliminary operating budget for the next fiscal year not less
than ten days after such budget has been made available to the
public for inspection and within a reasonable time prior to the
submission of said budget to the state board for approval and at
such hearing reasonable time shall be granted to any person or
persons who wish to speak regarding parts or all of such budget.
Notice of such hearing shall be published as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code.
A majority of the members shall constitute the quorum
necessary for the transaction of official business.
Board members may receive compensation at a rate not to
exceed eighty dollars per meeting attended. But they shall not
receive pay for more than fifty-two meetings in any one fiscal
year.
Members shall also be paid, upon the presentation of an
itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the board.
When, by a majority vote of its members, a county board
deems it a matter of public interest, such board may join the
West Virginia school board association and the national school
board association, and may pay such dues as may be prescribed by
said associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses of board
members for attending meetings of the West Virginia school board
association may be paid by their respective county boards out of
funds available to meet actual expenses of the members, but noallowance shall be made except upon sworn itemized statements.
§18-5-14. Policies to promote school board effectiveness.
Prior to the first day of August, one thousand nine hundred
ninety-four, each county board in this state shall adopt, and may
modify thereafter as necessary, policies that:
(a) Establish direct links between the board and its local
school improvement councils, and between the board and its
faculty senates, for the purpose of enabling the board to receive
information, comments and suggestions directly from the councils
and senates regarding the broad guidelines for oversight
procedures, standards of accountability and planning for future
needs required by this section; and to further development of
these linkages, boards shall meet at least annually with the full
membership of each of their schools' local school improvement
councils, at a time and in a manner determined by the board. For
purposes of this provision, full membership is defined as at
least a quorum of the members of each of the school improvement
councils.
At the conclusion of the school year, each board shall
report to the state board details concerning such meeting or
meetings held with local school improvement councils, as
specified herein, and such information shall become an indicator
in the performance accreditation process for each county.
Nothing herein shall prohibit boards from meeting with
representatives of local school improvement councils:
Provided,
That at least one annual meeting is held, as specified herein.
(b) Provide for the development of direct links between the
board and the community at large; allow for community involvementat regular board meetings; and specify how the board will
regularly communicate with the public regarding important issues;
(c) Provide for the periodic review of personnel policies of
the district in order to determine their effectiveness;
(d) Set broad guidelines for the school district, including
the establishment of specific oversight procedures, development
and implementation of standards of accountability, and the
development of long-range plans to meet future needs required by
this section; and
(e) Use school-based accreditation and performance data
provided by the state board and other available data in board
decision making to meet the education goals of the state and such
other goals as the board may establish.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-2. Local school improvement councils; election.
(a) A local school improvement council shall be established at
every school consisting of the following:
(1) The principal, who shall serve as an ex officio member
of the council and be entitled to vote;
(2) Three teachers elected by the faculty senate of the
school;
(3) Two school service personnel elected by the school
service personnel employed at the school;
(4) Three parents or legal guardians of students enrolled at
the school elected by the parent members of the school's parent
teacher organization:
Provided,
That if there is no parent
teacher organization, the parent or legal guardian members shall
be elected by the parents and legal guardians of studentsenrolled at the school in such manner as may be determined by
the principal;
(5) Two at-large members appointed by the principal, one of
whom resides in the school's attendance area and one of whom
represents business or industry, neither of whom is eligible
for membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the
vocational director:
Provided,
That if there is no vocational
director, then the principal may appoint no more than two
additional representatives, one of whom represents business and
one of whom represents industry;
(7) In the case of a school with students in grade seven or
higher, the student body president or other student in grade
seven or higher elected by the student body in those grades.
(b) The principal shall arrange for such elections to be
held prior to the fifteenth day of September of each school year
to elect a council and shall give notice of the elections at
least one week prior to the elections being held. To the extent
practicable, all elections to select council members shall be
held within the same week. Parents, teachers, and service
personnel elected to the council shall serve a two-year term,
and elections shall be arranged in such a manner that no more
than two teachers, no more than two parents or legal guardians,
and no more than one service person are elected in a given year.
All other non-ex-officio members shall serve one-year terms.
Council members may only be replaced upon death, resignation,
failure to appear at three consecutive meetings of the council
for which notice was given, or a change in personal circumstancesso that the person is no longer representative of the class of
members from which appointed. In the case of replacement, an
election shall be held to elect another qualified person to serve
the unexpired term of the person being replaced.
(c) As soon as practicable after the election of council
members, and no later than the first day of October of each
school year, the principal shall convene an organizational
meeting of the school improvement council. The principal shall
notify each member in writing at least two employment days in
advance of the organizational meeting. At this meeting, the
principal shall provide each member with a copy of the current
applicable section of this code and any state board rule or
regulation promulgated pursuant to the operation of these
councils. The council shall elect from its membership a chair
and two members to assist the chair in setting the agenda for
each council meeting. The chair shall serve a term of one year
and no person may serve as chair for more than two consecutive
terms. If the chair's position becomes vacant for any reason,
the principal shall call a meeting of the council to elect
another qualified person to serve the unexpired term.
(d) Once elected, the chair is responsible for notifying
each member of the school improvement council in writing two
employment days in advance of any council meeting.
School improvement councils shall meet at least once every
nine weeks or equivalent grading period at the call of the chair
or by three fourths of its members.
(e) School improvement councils shall be considered for the
receipt of school of excellence awards under section three ofthis article and competitive grant awards under section twenty-
nine, article two of this chapter, and may receive and expend
such grants for the purposes provided in such section.
In any and all matters which may fall within the scope of
both the school improvement councils and the school curriculum
teams authorized in section five of this article, the school
curriculum teams shall be deemed to have jurisdiction.
In order to promote innovations and improvements in the
environment for teaching and learning at the school, a school
improvement council shall receive cooperation from the school in
implementing policies and programs it may adopt to:
(1) Encourage the involvement of parents in their child's
educational process and in the school;
(2) Encourage businesses to provide time for their employees
who are parents to meet with teachers concerning their child's
education;
(3) Encourage advice and suggestions from the business
community;
(4) Encourage school volunteer programs and mentorship
programs; and
(5) Foster utilization of the school facilities and grounds
for public community activities.
§18-5A-3. Authority and procedures for local school improvement
councils to request waivers of certain rules,
policies and interpretations.
The intent of this section is to establish a mechanism which
allows local school level initiatives to be designed and
implemented to meet local school needs and circumstances. Inaccordance with this intent, a local school improvement council
established under the provisions of this article may propose
alternatives to the operation of the public school which
alternatives will meet or exceed the high quality standards
established by the state board and will increase administrative
efficiency, enhance the delivery of instructional programs,
promote community involvement in the local school system or
improve the educational performance of the school generally. The
proposal of the council shall set forth the objective or
objectives to be accomplished under the proposal, how the
accomplishment of such objective or objectives will meet or
exceed the standards established by the state board, the
indicators upon which the meeting of such standards should be
judged and a projection of any funds to be saved by the proposal
and how such funds will be reallocated within the school. The
alternatives proposed by the council may include matters which
require the waiver of policies or rules promulgated by the state
or county board and state superintendent interpretations:
Provided,
That such request for waiver be submitted to the
appropriate board adopting said rule or policy and that board may
approve the waiver. When a county board does not act within two
months after receiving a request for waiver of a county board
policy or rule or disapproves such a request, the local school
improvement council may seek an advisory opinion from the state
board regarding the waiver request. The county board shall
furnish the state board with copies of all waiver requests
together with their response thereto:
Provided, however,
That
when a local school improvement council votes to waive a statesuperintendent's interpretation, the state superintendent need
only be notified that the local council intends to waive the
state superintendent's interpretation:
Provided further,
That
notwithstanding any other provisions of the law to the contrary,
council is not prohibited from permitting off-site classrooms to
be developed in conjunction with local businesses if those sites
have met the requirements established by the local board and if
sites are located off campus. For an alternative to be proposed,
at least two thirds of the members must vote in favor thereof:
And provided further,
That if the alternative to be proposed
relates to a waiver of policies or rules promulgated by the state
or county board and state superintendent interpretations
affecting employees, then prior to the proposal of the
alternative, a majority of the local affected employee group
involved must agree.
A council may also submit a written statement, with
supporting reasons, to the legislative oversight commission on
education accountability recommending a waiver of a statute or
legislative rule, which the commission shall review and determine
whether a recommendation should be made to the Legislature to
waive such statute or rule.
When a council decides to propose an alternative, it shall
forward a copy of the proposal to the state board and the
affected local board. The state board shall acknowledge receipt
of the proposed alternative, promptly review the proposed
alternative in consultation with the county board or their agents
and, in its discretion, approve implementation of the alternative
or reply to the council within a reasonable time as to itsreasons for not approving the proposed alternative. If the state
board approves a proposed alternative, the state board shall
provide appropriate notice to the local school improvement
council and the county board and shall establish a process for
evaluation of the operation of the alternative. Approval for the
operation of the alternative may be continued or revoked at any
time based on the results and findings of the evaluation.
The state board shall submit a report to the legislative
oversight commission on education accountability and the governor
on the first day of September of each year summarizing the
proposed alternatives received, approved or rejected, continued
or revoked during the preceding school year and the results and
findings of the evaluations. The report shall specifically
identify all policy, rule, and interpretation waiver requests
including those requests made to county boards by local school
improvement councils received during the preceding year and the
disposition of each.
§18-5A-6. Establishment of school curriculum teams.
There shall be established at each school in the state a
school curriculum team composed of the school principal, the
counselor designated to serve that school and no fewer than three
teachers representative of the grades taught at the school and
chosen by the faculty senate.
The school curriculum team shall establish the programs and
methods for implementing a curriculum based on state-approved
instructional goals and objectives based on the needs of the
individual school with a focus on reading, composition,
mathematics, science and technology. The curriculum thusestablished shall be submitted to the county board for approval
or for return to the school for reconsideration.
The school curriculum team may apply through the school's
local school improvement council for a waiver from the textbook
adoption process established in article two-a of this chapter if,
in the judgment of the team, materials necessary for the
implementation of such curriculum are not available through the
normal adoption process.
The school team may apply for a grant from the state board
for the development or implementation, or both, of remedial and
accelerated programs to meet the needs of the students at the
individual school.
ARTICLE 9. SCHOOL FINANCES.
§18-9-3a. Preparation, publication and disposition of financial
statements by county boards of education.
The county board of every county, within sixty days after
the beginning of each fiscal year, shall prepare on a form to be
prescribed by the state tax commissioner and the state
superintendent of free schools, and cause to be published a
statement revealing (a) the receipts and expenditures of the
board during the previous fiscal year arranged under descriptive
headings, (b) the name of each firm, corporation, and person who
received more than fifty dollars in the aggregate from all funds
during the previous fiscal year, together with the aggregate
amount received from all funds and the purpose for which paid:
Provided,
That such statement shall not include the name of any
person who has entered into a contract with this board pursuant
to the provisions of sections two, three, four and five, articletwo, chapter eighteen-a of this code, and (c) all debts of the
board, the purpose for which each debt was contracted, its due
date, and to what date the interest thereon has been paid. Such
statement shall be published as a Class I-0 legal advertisement
in compliance with the provisions of article three, chapter
fifty-nine of this code, and the publication area for such
publication shall be the county. The county board shall pay the
cost of publishing such statement from the maintenance fund of
the board.
As soon as is practicable following the close of the fiscal
year, a copy of the published statement herein required shall be
filed by the county board with the state tax commissioner and
with the state superintendent of free schools.
The county board shall transmit to any resident of the
county requesting the same a copy of the published statement for
the fiscal year designated, supplemented by a list of the names
of all school personnel employed by the board during such fiscal
year showing the amount paid to each, and a list of the names of
each firm, corporation, and person who received less than fifty
dollars from any fund during such fiscal year showing the amount
paid to each and the purpose for which paid.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFIT.
§18A-4-2. State minimum salaries for teachers.
Effective the first day of July, one thousand nine hundred
ninety-two and thereafter, each teacher shall receive the amount
prescribed in the "state minimum salary schedule I" as set forth
in this section, specific additional amounts prescribed in thissection or article, and any county supplement in effect in a
county pursuant to section five-a of this article during the
contract year.
STATE MINIMUM SALARY SCHEDULE I
(1)(2) (3) (4) (5) (6) (7)
Years4th 3rd 2nd A.B.
Exp.ClassClassClassA.B. +15 M.A.
016,81617,45317,70818,91819,65321,361
117,03217,66917,92419,31820,05321,761
217,24817,88618,14119,71820,45322,161
317,46518,10218,35720,11820,85322,561
417,91718,55418,81020,75421,48923,197
518,13318,77119,02621,15421,88923,597
618,35018,98719,24221,55422,28923,997
719,20319,45921,95422,68924,397
819,42019,67522,35423,08924,797
919,89122,75423,48925,197
1020,10723,15523,89025,598
1123,55524,29025,998
1223,95524,69026,398
1324,35525,09026,798
1427,198
1527,598
1627,998
17
18
19
(8) (9) (10)
YearsM.A.M.A.
Exp. +15 +30 Doctorate
022,096 22,83123,831
1 22,496 23,23124,231
2 22,896 23,63124,631
3 23,296 24,03125,031
4 23,932 24,66725,667
5 24,332 25,06726,067
6 24,732 25,46726,467
725,132 25,86726,867
825,532 26,267 27,267
9 25,932 26,66727,667
10 26,333 27,06828,068
11 26,733 27,46828,468
12 27,133 27,86828,868
13 27,533 28,268 29,268
14 27,933 28,66829,668
15 28,333 29,06830,068
16 28,733 29,46830,468
1729,86830,868
1830,26831,268
1930,66831,668
Six hundred dollars shall be paid annually to each classroom
teacher who has at least twenty years of teaching experience.
Such payments shall be in addition to any amounts prescribed in
the "state minimum salary schedule I", shall be paid in equal
monthly installments, and shall be deemed a part of the state
minimum salaries for teachers.
Effective the first day of July, one thousand nine hundred
ninety-four and thereafter, each teacher shall receive the amount
prescribed in the "state minimum salary schedule II" as set forth
in this section, specific additional amounts prescribed in this
section or article, and any county supplement in effect in a
county pursuant to section five-a of this article during the
contract year.
STATE MINIMUM SALARY SCHEDULE II
(1)(2) (3) (4) (5) (6) (7)
Years4th 3rd 2nd A.B.
Exp.ClassClassClassA.B. +15 M.A.
016,81617,45317,70818,91819,65321,361
117,03217,66917,92419,31820,05321,761
217,24817,88618,14119,71820,45322,161
317,46518,10218,35720,11820,85322,561
417,91718,55418,81020,75421,48923,197
518,13318,77119,02621,15421,88923,597
618,35018,98719,24221,55422,28923,997
719,20319,45921,95422,68924,397
819,42019,67522,35423,08924,797
919,89122,75423,48925,197
1020,10723,15523,89025,598
1123,55524,29025,998
1223,95524,69026,398
1324,35525,09026,798
1427,198
1527,598
1627,998
17
18
19
(8)(9)(10)(11)
YearsM.A.M.A.M.A.Doc-
Exp. +15 +30 +45torate
022,09622,83123,56624,566
122,49623,23123,96624,966
222,89623,63124,36625,366
323,29624,03124,76625,766
423,93224,66725,40226,402
524,33225,06725,80226,802
624,73225,46726,20227,202
725,13225,86726,60227,602
825,53226,26727,00228,002
925,93226,66727,40228,402
1026,33327,06827,80328,803
1126,73327,46828,20329,203
1227,13327,86828,60329,603
1327,53328,26829,00330,003
1427,93328,66829,40330,403
1528,33329,06829,80330,803
1628,73329,46830,20331,203
1729,86830,60331,603
1830,26831,00332,003
1930,66831,40332,403
Six hundred dollars shall be paid annually to each classroom
teacher who has at least twenty years of teaching experience. Such payments shall be in addition to any amounts prescribed in
the "state minimum salary schedule II", shall be paid in equal
monthly installments, and shall be deemed a part of the state
minimum salaries for teachers.
§18A-4-14. Duty-free lunch and daily planning period for
certain employees.
(1) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period
of time more than one-half the class periods of the regular
school day and every service personnel whose employment is for a
period of more than three and one-half hours per day and whose
pay is at least the amount indicated in the "state minimum pay
scale" as set forth in section eight-a of this article shall be
provided a daily lunch recess of not less than thirty consecutive
minutes, and such employee shall not be assigned any
responsibilities during this recess. Such recess shall be
included in the number of hours worked, and no county shall
increase the number of hours to be worked by an employee as a
result of such employee being granted a recess under the
provisions of this section.
(2) Every teacher who is regularly employed for a period of
time more than one-half the class periods of the regular school
day shall be provided at least one planning period within each
school instructional day to be used to complete necessary
preparations for the instruction of pupils. Such planning period
shall be the length of the usual class period in the school to
which such teacher is assigned, and shall be not less than thirty
minutes. No teacher shall be assigned any responsibilitiesduring this period, and no county shall increase the number of
hours to be worked by a teacher as a result of such teacher being
granted a planning period subsequent to the adoption of this
section (March 13, 1982).
Principals, and assistant principals, where applicable,
shall cooperate in carrying out the provisions of this
subsection, including, but not limited to, assuming control of
the class period or supervision of students during the time the
teacher is engaged in the planning period. Substitute teachers
may also be utilized to assist with classroom responsibilities
under this subsection:
Provided,
That any substitute teacher who
is employed to teach a minimum of two consecutive days in the
same position shall be granted a planning period pursuant to this
section.
(3) Nothing in this section shall be construed to prevent
any teacher from exchanging his lunch recess or a planning period
or any service personnel from exchanging his lunch recess for any
compensation or benefit mutually agreed upon by the employee and
the county superintendent of schools or his agent:
Provided,
That a teacher and the superintendent or his agent may not agree
to terms which are different from those available to any other
teacher granted rights under this section within the individual
school or to terms which in any way discriminate among such
teachers within the individual school, and that service personnel
granted rights under this section and the superintendent or his
agent may not agree to terms which are different from those
available to any other service personnel within the same
classification category granted rights under this section withinthe individual school or to terms which in any way discriminate
among such service personnel within the same classification
category within the individual school.
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