HB 2402 Text

ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2402
(By Delegates Davis, Stemple, Ennis, Williams, Houston, Stalnaker and Armstead)

AN ACT to amend and reenact sections five-a and seven, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section eight-a, article four, chapter eighteen- a of said code, all relating to funding of public education; increasing the maximum ratio of service personnel per one thousand students in net enrollment from forty-three and one-half to forty-three and six-tenths for low density counties and to forty-four and one-half for high density counties; changing the percent of the replacement value of bus fleets included in the calculation of the allowance in the foundation school program for transportation; and increasing the monthly pay of service personnel for college or comparable credit.

Be it enacted by the Legislature of West Virginia:
That sections five-a and seven, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section eight-a, article four, chapter eighteen-a of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-5a. Ratio of foundation allowances for professional educators and service personnel to net enrollment.

(a) The purpose of this section is to establish maximum ratios between the numbers of professional educators and service personnel in the counties which are funded through the public school support plan and the net enrollment in the counties, such ratios are in addition to the ratios provided for in sections four and five of this article. It is the intent of the Legislature to adjust these ratios pursuant to legislative act as may be appropriate when additional personnel are needed to perform additional duties.
(b) Commencing with the school year one thousand nine hundred eighty-nine--ninety, and each year thereafter, in computing the basic foundation allowance to a county for professional educators and the basic foundation allowance to a county for service personnel under sections four and five of this article, a county shall not receive an allowance for such personnel which number per one thousand students in net enrollment is in excess of the number of professional educators and the number of service personnel in the county computed as follows:
Maximum professionalMaximum service
For theeducators per 1000personnel per 1000
school yearnet enrollment thenet enrollment the
preceding yearpreceding year
1998-9974.043.5

For the school year	Maximum professional educators per 1000 net enrollment the preceding year	Maximum service personnel per 1000 net enrollment the preceding year for each high density county	Maximum service personnel per 1000 net enrollment the preceding year for each low density county
1999-2000 and thereafter	74.0	43.6	44.5

(c) Every county shall utilize methods other than reductions in force, such as attrition and early retirement, before implementing their reductions in force policy to comply with the limitations of this section.
§18-9A-7. Foundation allowance for transportation cost.
The allowance in the foundation school program for each county for transportation shall be the sum of the following computations:
(1) Eighty-five percent of the transportation cost within each high density county and ninety percent of the transportation cost within each low density county for maintenance, operation and related costs, exclusive of all salaries: Provided, That for the school year beginning the first day of July, one thousand nine hundred ninety-eight, and thereafter, in the event a county uses an alternative fuel such as compressed natural gas or other acceptable alternative fuel for the operation of all or any portion of its school bus system, then the allowance in the foundation school program for each such county for that portion of its school bus system shall be ninety-five percent of the transportation cost for maintenance, operation and related costs, exclusive of all salaries, incurred by the use of the alternatively fueled school buses: Provided, however, That any county using an alternative fuel and qualifying for the additional allowance shall submit a plan regarding the intended future use of alternatively fueled school buses;
(2) The total cost, within each county, of insurance premiums on buses, buildings and equipment used in transportation: Provided, That such premiums were procured through competitive bidding;
(3) For the school year beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, an amount equal to eight and one-third percent of the current replacement value of the bus fleet within each county as determined by the state board, such amount to be used only for the replacement of buses. Buses purchased after the first day of July, one thousand nine hundred ninety-nine that are driven one hundred eighty thousand miles regardless of year model will be subject to the replacement value of eight and one-third percent as determined by the state board. In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the state superintendent for funding for an additional bus. The state superintendent shall make a decision regarding each application based upon an analysis of the individual school district's net enrollment history and transportation needs: Provided, That the superintendent shall not consider any application which fails to document that the county has applied for federal funding for additional buses. If the state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the state board for the upcoming fiscal year;
(4) Eighty-five percent of the cost of contracted transportation services and public utility transportation within each high density county and ninety percent of the cost of contracted transportation services and public utility transportation within each low density county;
(5) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving such aid within each county; and
(6) Ninety-five percent of the transportation cost for maintenance, operation and related costs, exclusive of all salaries, for transporting students to and from classes at a multicounty vocational center.
The total state share for this purpose shall be the sum of the county shares: Provided, That no county shall receive an allowance which is greater than one third above the computed state average allowance per transportation mile multiplied by the total transportation mileage in the county: Provided, however, That one half of one percent of the transportation allowance distributed to each county shall be for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity: Provided further, That any remaining funds credited to a county for the purpose of trips related to academic classroom curriculum during the fiscal year shall be carried over for use in the same manner the next fiscal year and shall be separate and apart from, and in addition to, the appropriation for the next fiscal year: And provided further, That the state board may request a county to document the use of funds for trips related to academic classroom curriculum if the board deems it necessary.
The state department of education shall cause a comprehensive study to be made relating to student transportation. The study shall examine, but is not limited to, the issues of funding, timeliness of data used for formula distribution, service personnel needed, inter-county service, regionalization of services, bus routes, amount of time students spend on buses, maintenance, safety training, and alternative transportation systems. The state department of education shall submit a report of the study to the legislative oversight commission on education accountability by the fifteenth day of January, one thousand nine hundred ninety-nine.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8a. Service personnel minimum monthly salaries.
(1) The minimum monthly pay for each service employee 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 I" and the minimum monthly pay for each service employee 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 I" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE I
A B C D E F G H
0 1,100 1,120 1,160 1,210 1,260 1,320 1,350 1,420
1 1,127 1,147 1,187 1,237 1,287 1,347 1,377 1,447
2 1,154 1,174 1,214 1,264 1,314 1,374 1,404 1,474
3 1,181 1,201 1,241 1,291 1,341 1,401 1,431 1,501
4 1,208 1,228 1,268 1,318 1,368 1,428 1,458 1,528
5 1,235 1,255 1,295 1,345 1,395 1,455 1,485 1,555
6 1,262 1,282 1,322 1,372 1,422 1,482 1,512 1,582
7 1,289 1,309 1,349 1,399 1,449 1,509 1,539 1,609
8 1,316 1,336 1,376 1,426 1,476 1,536 1,566 1,636
9 1,343 1,363 1,403 1,453 1,503 1,563 1,593 1,663
10 1,370 1,390 1,430 1,480 1,530 1,590 1,620 1,690
11 1,397 1,417 1,457 1,507 1,557 1,617 1,647 1,717
12 1,424 1,444 1,484 1,534 1,584 1,644 1,674 1,744
13 1,451 1,471 1,511 1,561 1,611 1,671 1,701 1,771
14 1,478 1,498 1,538 1,588 1,638 1,698 1,728 1,798
15 1,505 1,525 1,565 1,615 1,665 1,725 1,755 1,825
16 1,532 1,552 1,592 1,642 1,692 1,752 1,782 1,852
17 1,559 1,579 1,619 1,669 1,719 1,779 1,809 1,879
18 1,586 1,606 1,646 1,696 1,746 1,806 1,836 1,906
19 1,613 1,633 1,673 1,723 1,773 1,833 1,863 1,933
20 1,640 1,660 1,700 1,750 1,800 1,860 1,890 1,960
21 1,667 1,687 1,727 1,777 1,827 1,887 1,917 1,987
22 1,694 1,714 1,754 1,804 1,854 1,914 1,944 2,014
23 1,721 1,741 1,781 1,831 1,881 1,941 1,971 2,041
24 1,748 1,768 1,808 1,858 1,908 1,968 1,998 2,068
25 1,775 1,795 1,835 1,885 1,935 1,995 2,025 2,095
26 1,802 1,822 1,862 1,912 1,962 2,022 2,052 2,122
27 1,829 1,849 1,889 1,939 1,989 2,049 2,079 2,149
28 1,856 1,876 1,916 1,966 2,016 2,076 2,106 2,176
29 1,883 1,903 1,943 1,993 2,043 2,103 2,133 2,203
30 1,910 1,930 1,970 2,020 2,070 2,130 2,160 2,230
31 1,937 1,957 1,997 2,047 2,097 2,157 2,187 2,257
32 1,964 1,984 2,024 2,074 2,124 2,1842,214 2,284
33 1,991 2,011 2,051 2,101 2,151 2,211 2,241 2,311
34 2,018 2,038 2,078 2,128 2,178 2,238 2,268 2,338
35 2,045 2,0652,105 2,155 2,205 2,265 2,295 2,365
36 2,072 2,092 2,132 2,182 2,232 2,292 2,322 2,392
Subject to a recommendation by the governor for a pay raise through the delivery of an executive message to the Legislature and an appropriation by the Legislature for a pay raise, effective the first day of July, one thousand nine hundred ninety-nine and thereafter, the minimum monthly pay for each service employee 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 II" and the minimum monthly pay for each service employee 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 II" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A B C D E F G H
0 1,160 1,180 1,220 1,270 1,320 1,380 1,410 1,480
1 1,188 1,208 1,248 1,298 1,348 1,408 1,438 1,508
2 1,216 1,236 1,276 1,326 1,376 1,436 1,466 1,536
3 1,244 1,264 1,304 1,354 1,404 1,464 1,494 1,564
4 1,272 1,292 1,332 1,382 1,432 1,492 1,522 1,592
5 1,300 1,320 1,360 1,410 1,460 1,520 1,550 1,620
6 1,328 1,348 1,388 1,438 1,488 1,548 1,578 1,648
7 1,356 1,376 1,416 1,466 1,516 1,576 1,606 1,676
8 1,384 1,404 1,444 1,494 1,544 1,604 1,634 1,704
9 1,412 1,432 1,472 1,522 1,572 1,632 1,662 1,732
10 1,440 1,460 1,500 1,550 1,600 1,660 1,690 1,760
11 1,468 1,488 1,528 1,578 1,628 1,688 1,718 1,788
12 1,496 1,516 1,556 1,606 1,656 1,716 1,746 1,816
13 1,524 1,544 1,584 1,634 1,684 1,744 1,774 1,844
14 1,552 1,572 1,612 1,662 1,712 1,772 1,802 1,872
15 1,580 1,600 1,640 1,690 1,740 1,800 1,830 1,900
16 1,608 1,628 1,668 1,718 1,768 1,828 1,858 1,928
17 1,636 1,656 1,696 1,746 1,796 1,856 1,886 1,956
18 1,664 1,684 1,724 1,774 1,824 1,884 1,914 1,984
19 1,692 1,712 1,752 1,802 1,852 1,912 1,942 2,012
20 1,720 1,740 1,780 1,830 1,880 1,940 1,970 2,040
21 1,748 1,768 1,808 1,858 1,908 1,968 1,998 2,068
22 1,776 1,796 1,836 1,886 1,936 1,996 2,026 2,096
23 1,804 1,824 1,864 1,914 1,964 2,024 2,054 2,124
24 1,832 1,852 1,892 1,942 1,992 2,052 2,082 2,152
25 1,860 1,880 1,920 1,970 2,020 2,080 2,110 2,180
26 1,888 1,908 1,948 1,998 2,048 2,108 2,138 2,208
27 1,916 1,936 1,976 2,026 2,076 2,136 2,166 2,236
28 1,944 1,964 2,004 2,054 2,104 2,164 2,194 2,264
29 1,972 1,992 2,032 2,082 2,132 2,192 2,222 2,292
30 2,000 2,020 2,060 2,110 2,160 2,220 2,250 2,320
31 2,028 2,048 2,088 2,138 2,188 2,248 2,278 2,348
32 2,056 2,076 2,116 2,166 2,216 2,276 2,306 2,376
33 2,084 2,104 2,144 2,194 2,244 2,304 2,334 2,404
34 2,112 2,132 2,172 2,222 2,272 2,332 2,362 2,432
35 2,140 2,160 2,200 2,250 2,300 2,360 2,390 2,460
36 2,168 2,188 2,228 2,278 2,328 2,388 2,418 2,488
If "state minimum pay scale pay grade II" becomes effective on the first day of July, one thousand nine hundred ninety-nine, and the governor recommends a pay raise through the delivery of an executive message to the Legislature and the Legislature appropriates money for a pay raise, the minimum monthly pay for each service employee 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 III" and the minimum monthly pay for each service employee 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 III" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE III
Years of
EmploymentPay Grade
A B C DE F G H
0 1,220 1,240 1,280 1,330 1,380 1,440 1,470 1,540
1 1,249 1,269 1,309 1,359 1,409 1,469 1,499 1,569
2 1,278 1,298 1,338 1,388 1,438 1,498 1,528 1,598
3 1,307 1,327 1,367 1,417 1,467 1,527 1,557 1,627
4 1,336 1,356 1,396 1,446 1,496 1,556 1,586 1,656
5 1,365 1,385 1,425 1,475 1,525 1,585 1,615 1,685
6 1,394 1,414 1,454 1,504 1,554 1,614 1,644 1,714
7 1,423 1,443 1,483 1,533 1,583 1,643 1,673 1,743
8 1,452 1,472 1,512 1,562 1,612 1,672 1,702 1,772
9 1,481 1,501 1,541 1,591 1,641 1,701 1,731 1,801
10 1,510 1,530 1,570 1,620 1,670 1,730 1,760 1,830
11 1,539 1,559 1,599 1,649 1,699 1,759 1,789 1,859
12 1,568 1,588 1,628 1,678 1,728 1,788 1,818 1,888
13 1,597 1,617 1,657 1,707 1,757 1,817 1,847 1,917
14 1,626 1,646 1,686 1,736 1,786 1,846 1,876 1,946
15 1,655 1,675 1,715 1,765 1,815 1,875 1,905 1,975
16 1,684 1,704 1,744 1,794 1,844 1,904 1,934 2,004
17 1,713 1,733 1,773 1,823 1,873 1,933 1,963 2,033
18 1,742 1,762 1,802 1,852 1,902 1,962 1,992 2,062
19 1,771 1,791 1,831 1,881 1,931 1,991 2,021 2,091
20 1,800 1,820 1,860 1,910 1,960 2,020 2,050 2,120
21 1,829 1,849 1,889 1,939 1,989 2,049 2,079 2,149
22 1,858 1,878 1,918 1,968 2,018 2,078 2,108 2,178
23 1,887 1,907 1,947 1,997 2,047 2,107 2,137 2,207
24 1,916 1,936 1,976 2,026 2,076 2,136 2,166 2,236
25 1,945 1,965 2,005 2,055 2,105 2,165 2,195 2,265
26 1,974 1,994 2,034 2,084 2,134 2,194 2,224 2,294
27 2,003 2,023 2,063 2,113 2,163 2,223 2,253 2,323
28 2,032 2,052 2,092 2,142 2,192 2,252 2,282 2,352
29 2,061 2,081 2,121 2,171 2,221 2,281 2,311 2,381
30 2,090 2,110 2,150 2,200 2,250 2,310 2,340 2,410
31 2,119 2,139 2,179 2,229 2,279 2,339 2,369 2,439
32 2,148 2,168 2,208 2,258 2,308 2,368 2,398 2,468
33 2,177 2,197 2,237 2,287 2,337 2,397 2,427 2,497
34 2,206 2,226 2,266 2,316 2,366 2,426 2,456 2,526
35 2,235 2,255 2,295 2,345 2,395 2,455 2,485 2,555
36 2,264 2,284 2,324 2,374 2,424 2,484 2,514 2,584
CLASS TITLEPAY GRADE
Accountant ID
Accountant IIE
Accountant IIIF
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language Specialist E
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
(2) An additional ten dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) An additional ten dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(A) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(B) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(C) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board; and
(D) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board.
(4) When any part of a school service employee'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 ten dollars per month and one half of the pay shall be paid with local funds.
(5) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(6) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid 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.
(7) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent, and the employee'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.
(8) 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 daily total salary for each hour the employee 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 utilized 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 so requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees 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 were employed on a full-day salary basis.
(9) The minimum pay for any service personnel employees 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 three dollars per hour or no less than five dollars 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 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 regular employment county for asbestos removal and an additional thirty dollars per each day the employee 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 utilized 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 shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be 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 certificated professional personnel 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 certificated professional personnel" means that certificated professional personnel is present, with and accompanying the aide.

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