ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 206
(By Senators Caldwell and Rowe)
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[Originating in the Committee on Education;
reported February 7, 2003.]
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A BILL to amend and reenact section eight, article five, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing aides
to supervise students who are undergoing in-school suspension.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-8. Authority of certain aides to exercise control over
pupils; compensation; transfers.
(a) Within the limitations provided
herein in this section, any aide who agrees to do so shall stand in the place of the parent
or guardian and shall exercise such authority and control over
pupils as is required of a teacher as
defined and provided in
section one of this article. The principal shall designate aides
in the school who agree to exercise that authority on the basis of
seniority as an aide and shall enumerate the instances in which the
authority shall be exercised by an aide when requested by the
principal, assistant principal or professional employee to whom the
aide is assigned.
(b) Provided, That the The authority
does provided for in
subsection (a) of this section may not extend to suspending or
expelling any pupil, participating in the administration of
corporal punishment or performing instructional duties as a teacher
or substitute teacher.
However, the authority shall extend to
supervising students undergoing in-school suspension if the
instructional duties required by the supervision are limited solely
to handing out class work and collecting class work. The authority
to supervise students undergoing in-school suspension may not
include actual instruction.
(c) An aide designated by the principal under
this subsection
(a) of this section shall receive a salary not less than one pay
grade above the highest pay grade held by the employee under
section eight-a, article four of this chapter and any county salary
schedule in excess of the minimum requirements of this article.
(b) (d) An aide may not be required by the operation of this
section to perform noninstructional duties for an amount of time which exceeds that required under the aide's contract of employment
or that required of other aides in the same school unless the
assignment of
such the duties is mutually agreed upon by the aide
and the county superintendent, or the superintendent's designated
representative, subject to board approval. The terms and
conditions of the agreement shall be in writing, signed by both
parties, and may include additional benefits. The agreement shall
be uniform as to aides assigned similar duties for similar amounts
of time within the same school. Aides shall have the option of
agreeing to supervise students and of renewing related assignments
annually.
Provided, That should If an aide
elect elects not to
renew the previous agreement to supervise students, the minimum
salary of the aide shall revert to the pay grade specified in
section eight-a, article four of this chapter for the
classification title held by the aide and any county salary
schedule in excess of the minimum requirements of this article.
(c) (e) For the purposes of this section, aide
shall mean and
include means any aide class title as defined in section eight,
article four of this chapter regardless of numeric classification.
(d) (f) An aide may transfer to another position of employment
one time only during any one half of a school term, unless
otherwise mutually agreed upon by the aide and the county
superintendent, or the superintendent's designee, subject to board
approval:
Provided, That during the first year of employment as an
aide, an aide may not transfer to another position of employment
during the first one-half school term of employment unless mutually agreed upon by the aide and county superintendent, subject to board
approval.
(e) (g) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall
hold a high school diploma or shall have received a general
educational development certificate and shall have the opportunity
to receive appropriate training pursuant to subsection (10),
section thirteen, article five, chapter eighteen of this code and
section two, article twenty of said chapter.
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