ENROLLED
Senate Bill No. 590
(Originating in the Committee on Finance)
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[Passed March 9, 1996; to take effect July 1, 1996]
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AN ACT to amend and reenact section two-a, article seven, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend section eleven, article
two, chapter eighteen of said code; to amend and reenact
section one, article three of said chapter; to amend and
reenact sections eighteen, twenty-two and thirty-nine,
article five of said chapter; to amend article seven-a of
said chapter, by adding thereto two new sections, designated
sections twenty-six-n and twenty-six-o; to amend and reenact
section ten, article nine-a of said chapter; to further
amend said article by adding thereto a new section,
designated section twenty-five; to amend and reenact section
two, article seventeen of said chapter; to amend and reenact
section thirteen, article two, chapter eighteen-a of said
code; to amend and reenact sections two, three, eight,
eight-a, eight-b, eight-g, fifteen and sixteen, article four
of said chapter; to further amend said article by adding thereto a new section, designated section eight-h; and to
amend and reenact section eight, article five of said
chapter, all relating to public education; compensation and
allowances for appointive state officers; sabbatical leaves
for teachers and certain aides; compensation of state
superintendent of schools; kindergarten programs;
specialized health procedures; establishment of summer
school programs; supplemental benefits for certain teachers;
foundation allowance to improve instructional programs;
state allowance for state teacher of the year salary;
admission of students to schools for the deaf and blind;
recommended guidelines for full-day and half-day cooks;
state minimum salary schedule for teachers; the principals'
index; employment term and class titles of service
personnel; service personnel minimum monthly salaries;
seniority rights for school service personnel; determination
of seniority for service personnel; limitation on number of
school service personnel positions to be held by an
employee; employment of service personnel substitutes;
extracurricular assignments; authority of certain aides to
exercise control over pupils.
Be it enacted by the Legislature of West Virginia:
That section two-a, article seven, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section eleven, article
two, chapter eighteen of said code be amended and reenacted; that section one, article three of said chapter be amended and
reenacted; that sections eighteen, twenty-two and thirty-nine,
article five of said chapter be amended and reenacted; that
article seven-a of said chapter be amended by adding thereto two
new sections, designated sections twenty-six-n and twenty-six-o;
that section ten, article nine-a of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section twenty-five; that section two,
article seventeen of said chapter be amended and reenacted; that
section thirteen, article two, chapter eighteen-a of said code be
amended and reenacted; that sections two, three, eight, eight-a,
eight-b, eight-g, fifteen and sixteen, article four of said
chapter be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
eight-h; that section eight, article five of said chapter be
amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of such
officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the following appointive state
officers named in this subsection shall be appointed by the
governor, by and with the advice and consent of the Senate. Each of such appointive state officers shall serve at the will and
pleasure of the governor for the term for which the governor was
elected and until the respective state officers' successors have
been appointed and qualified. Each of such appointive state
officers shall hereafter be subject to the existing
qualifications for holding each such respective office and each
shall have and is hereby granted all of the powers and authority
and shall perform all of the functions and services heretofore
vested in and performed by virtue of existing law respecting each
such office.
Beginning on the first day of July, one thousand nine
hundred ninety-four, the annual salary of each such named
appointive state officer shall be as follows:
Administrator, division of highways, sixty-five thousand
dollars; administrator, division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars; director, public employees insurance agency, fifty-five
thousand dollars; administrator, division of banking, fifty-five
thousand dollars; administrator, division of insurance, fifty-five thousand dollars; administrator, division of culture and
history, fifty thousand dollars; administrator, alcohol beverage
control commission, sixty thousand dollars; administrator,
division of motor vehicles, fifty-five thousand dollars;
director, division of personnel, fifty thousand dollars; adjutant
general, fifty thousand dollars; chairman, health care cost
review authority, fifty-five thousand dollars; members, health
care cost review authority, fifty-one thousand two hundred
dollars; director, human rights commission, forty thousand
dollars; administrator, division of labor, fifty-five thousand
dollars; administrator, division of veterans affairs, forty
thousand dollars; administrator, division of emergency services,
forty thousand dollars; members, board of parole, forty thousand
dollars; members, employment security review board, seventeen
thousand dollars; members, workers' compensation appeal board,
seventeen thousand eight hundred dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the state officers named in
this subsection shall continue to be appointed in the manner
prescribed in this code, and, prior to the first day of July, one
thousand nine hundred ninety-four, each of the state officers named in this subsection shall continue to receive the annual
salaries they were receiving as of the last day of December, one
thousand nine hundred ninety-three, and shall thereafter be paid
an annual salary as follows: Administrator, division of risk and
insurance management, fifty thousand dollars; director, division
of rehabilitation services, fifty-five thousand dollars;
executive director, educational broadcasting authority, fifty-
five thousand dollars; secretary, library commission, forty-seven
thousand five hundred dollars; director, geologic and economic
survey, forty-seven thousand five hundred dollars; executive
director, water development authority, fifty-four thousand two
hundred dollars; executive director, public defender services,
fifty-five thousand dollars; director, commission on aging, forty
thousand dollars; commissioner, oil and gas conservation
commission, forty thousand dollars; director, farm management
commission, thirty-two thousand five hundred dollars; director,
railroad maintenance authority, fifty thousand dollars; executive
secretary, women's commission, thirty thousand one hundred
dollars; director, regional jail authority, fifty-five thousand
dollars; director, hospital finance authority, twenty-five
thousand eight hundred dollars.
(c) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless
such appointive state officer shall have first filed with the
state auditor and the legislative auditor a sworn statement, on a
form to be prescribed by the attorney general, certifying that his or her spending unit is in compliance with any general law
providing for a salary increase for his or her employees. The
attorney general shall prepare and distribute such form to the
affected spending units:
Provided, That no decrease in salary
shall be effective for any current appointive state officer
appointed prior to the first day of January, one thousand nine
hundred eighty-nine:
Provided, however, That such decreases
shall take effect at such time as any appointive office is
vacated:
Provided further, That the increase provided for the
state superintendent of schools enacted during the regular
session, one thousand nine hundred ninety-four, should not become
effective until the first day of January, one thousand nine
hundred ninety-seven.
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-11. Sabbatical leaves for teachers and certain aides.
(a) The state board shall by the first day of December, one
thousand nine hundred eighty-eight, establish by policy a
sabbatical leave program. Such program participation shall be
considered optional for each county board. Individuals employed
as professional educators, as defined in section one, article
one, chapter eighteen-a of this code, and aides shall be eligible
for the sabbatical leave program:
Provided, That such aides
have a cumulative grade point of three and two tenths on a
possible four point scale pursuant to successful completion of at
least sixty-four semester hours of course work at an approved institution of higher education. Such policy shall establish the
educational objectives, peer selection criteria and other
guidelines the board deems necessary. The sabbatical leave
policy shall provide that not less than ninety-five percent of
sabbatical leaves granted shall be for classroom teachers and
such policy shall not provide for the granting of sabbatical
leave to any employee who has fewer than ten years of West
Virginia public school service, nor shall compensation during
such leave be more than one half of the employee's regular
salary. While on sabbatical leave the employee shall be deemed
to be a full-time employee for purposes of years of experience
and participation in the teachers retirement system and the
public employee insurance program. Any employee receiving a
sabbatical leave shall be required to return to employment by the
board which granted the leave for a period of at least one year
or repay the compensation and benefits received during that time
and have deducted the retirement credit and years of service
credit accrued during sabbatical leave:
Provided, however, That
sabbatical leaves for teachers and certain aides shall be
optional by the respective boards.
(b) Notwithstanding any other provision of this code to the
contrary, if the state teacher of the year either works with
programs approved by the state department or attends school at a
college or university to further his or her education, the
teacher shall receive a sabbatical from his or her position for
up to one year in which the teacher has been selected as state teacher of the year:
Provided, That if the state teacher of the
year chooses to take a sabbatical, then the state department
shall provide the county from where the teacher is taking the
sabbatical with an allowance equal to the state average
contractual salary for teachers.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling
expenses; office and residence.
There shall be appointed by the state board a state
superintendent of schools. He shall be a person of good moral
character, of recognized ability as a school administrator,
holding at least a master's degree in educational administration,
and shall have had not less than five years of experience in
public school work. He shall receive an annual salary set by the
state board, to be paid monthly:
Provided, That the annual
salary may not exceed one hundred thousand dollars. The state
superintendent shall also receive necessary traveling expenses
incident to the performance of his duties, the same to be paid
out of the general school fund upon warrants of the state
auditor. The superintendent shall have his office at the state
capital.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
County boards shall provide by the school year one thousand
nine hundred eighty-three--eighty-four, and continue thereafter,
kindergarten programs for all children who shall have attained the age of five prior to the first day of September of the school
year in which the pupil enters such kindergarten program and may
establish kindergarten programs designed for children below the
age of five:
Provided, That beginning with the school year one
thousand nine hundred ninety-six--ninety-seven, such programs
shall be full-day everyday:
Provided, however, That nothing
contained herein shall prevent the state superintendent from
granting an extension to those counties currently with building
or renovation projects that will provide adequate space or
counties having at least two percent net enrollment increase over
the previous five years. The county board must apply with the
supporting data to meet the criteria for which they are eligible
on or before the twenty-fifth day of March for the following
school year. The state superintendent shall grant or deny the
requested waiver on or before the fifteenth day of April of that
same year.
Persons employed as kindergarten teachers, as distinguished
from paraprofessional personnel, shall be required to hold a
certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria
setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant
to the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
meets such minimum requirements.
The state board with the advice of the state superintendent
of free schools shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of kindergarten programs in accordance with the other
provisions of this section. Guidelines and criteria so
established and prescribed are also intended to serve for the
establishment and operation of nonpublic kindergarten programs
and shall be used for the evaluation and approval of such
programs, provided application for such evaluation and approval
is made in writing to the state board by proper authorities in
control of such programs. The state superintendent of free
schools at intervals not to exceed two years shall publish a list
of nonpublic kindergarten programs that have been approved in
accordance with the provisions of this section and a list of
Montessori kindergartens established and operated in accordance
with usual and customary practices for the use of the Montessori
method. Teachers who have training or experience in the use of
the Montessori method of instruction for kindergartens shall be
deemed to be approved to teach in such kindergartens using the
Montessori method without additional certification.
Pursuant to such guidelines and criteria, and only pursuant
to such guidelines and criteria, the county boards may establish
programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional
personnel in addition to and to supplement regularly certified
teachers, mobile or permanent classrooms and other means developed to best carry kindergarten to the child in its home and
enlist the aid and involvement of its parent or parents in
presenting the program to the child; or may develop programs of a
more formal kindergarten type, in existing school buildings, or
both, as such county board may determine, taking into
consideration the cost, the terrain, the existing available
facilities, the distances each child may be required to travel,
the time each child may be required to be away from home, the
child's health, the involvement of parents and such other factors
as each county board may find pertinent. Such determinations by
any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the
fiscal year one thousand nine hundred seventy-two, and
thereafter, shall be allocated to counties from a special
appropriation to the state department from the general revenue
fund:
Provided, That except for expenditures from the general
revenue funds for regional kindergarten demonstration centers, in
no event shall any state money from the general fund be expended
under the provisions of this section unless federal funds are
available for the purposes of this section.
Allocations to counties will be made on the basis of
approved kindergarten programs. The state board shall establish
criteria and standards necessary to guide counties in developing
approvable kindergarten programs and shall determine funding
levels of said programs on local operating costs.
An additional appropriation shall be made to the state department from the general revenue fund to establish and operate
during the fiscal year one thousand nine hundred seventy-two,
regional kindergarten demonstration centers in educational
regions three, four, five, six and seven, and thereafter in
regions one through seven. Said funds shall be allocated to said
regions for establishing and operating regional demonstration
centers in accordance with criteria and standards established by
the state board. Said regional centers shall be established to
provide exemplary and innovative kindergarten programs, to
provide laboratory experiences for preservice and in-service
education for professional personnel and staff development
programs for training paraprofessional personnel, to establish
organizational and administrative machinery designed to promote
cooperation between and among all agencies involved in the
education and development of young children and to promote
cooperation between counties in providing high cost supervisory,
developmental, research and evaluative services not currently
available to individual counties.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of council of
school nurses.
County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and shall further have the authority to take any other action
necessary to protect the pupils from infectious diseases,
including the authority to require from all school personnel employed in their county, certificates of good health and of
physical fitness.
Each county board shall employ full time at least one school
nurse for every one thousand five hundred kindergarten through
seventh grade pupils in net enrollment or major fraction thereof:
Provided, That each county shall employ full time at least one
school nurse:
Provided, however, That a county board may
contract with a public health department for services considered
equivalent to those required by this section in accordance with a
plan to be approved by the state board:
Provided further, That
the state board shall promulgate rules requiring the employment
of school nurses in excess of the number required by this section
to ensure adequate provision of services to severely handicapped
pupils.
Any person employed as a school nurse shall be a registered
professional nurse properly licensed by the West Virginia board
of examiners for registered professional nurses in accordance
with article seven, chapter thirty of this code.
Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional, shall
be performed only by school nurses, other licensed school health
care providers as provided for in this section, or school
employees who have been trained and retrained every two years who
are subject to the supervision and approval by school nurses.
After assessing the health status of the individual student, a
school nurse, in collaboration with the student's physician, parents and in some instances an individualized education program
team, may delegate certain health care procedures to a school
employee who shall be trained pursuant to this section,
considered competent, have consultation with, and be monitored or
supervised by the school nurse:
Provided, That nothing herein
shall prohibit any school employee from providing specialized
health procedures or any other prudent action to aid any person
who is in acute physical distress or requires emergency
assistance. For the purposes of this section "specialized health
procedures" means, but is not limited to, catheterization,
suctioning of tracheostomy, naso-gastric tube feeding or
gastrostomy tube feeding. "School employee" means "teachers",
as defined in section one, article one of this chapter and
"aides", as defined in section eight, article four, chapter
eighteen-a of this code.
Any school employee who elects, or is required by this
section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board, shall
receive additional pay of at least one pay grade higher than the
highest pay grade for which the employee is paid:
Provided, That
any training required in this section may be considered in lieu
of required in-service training of the school employee and a
school employee may not be required to elect to undergo the
training or retraining:
Provided, however, That commencing with the first day of July, one thousand nine hundred eighty-nine, any
newly employed school employee in the field of special education
shall be required to undergo the training and retraining as
provided for in this section:
Provided further, That if an
employee who holds a class title of an aide is employed in a
school and such aide has received the training, pursuant to this
section, then an employee in the field of special education shall
not be required to perform the specialized health care
procedures.
Each county school nurse, as designated and defined by this
section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional
educational service agency, prepare recommendations and elect a
representative to serve on the council of school nurses
established under this section.
There shall be established a council of school nurses which
shall be convened by the state board of education. This council
shall prepare a procedural manual and shall provide
recommendations regarding a training course to the director of
the state division of health who shall consult with the state
department of education. The state division of health then has
the authority to promulgate rules to implement the training and
to create standards used by those school nurses and school
employees performing specialized health procedures. The council
shall meet every two years to review the certification and
training program regarding school employees.
The state board of education shall work in conjunction with
county boards to provide training and retraining every two years
as recommended by the council of school nurses and implemented by
the state division of health.
§18-5-39. Establishment of summer school programs; tuition.
Inasmuch as the present county school facilities for the
most part lie dormant and unused during the summer months, and
inasmuch as there are many students who are in need of remedial
instruction and others who desire accelerated instruction, it is
the purpose of this section to provide for the establishment of a
summer school program, which is to be separate and apart from the
full school term as established by each county.
The board of any county has the authority to establish a
summer school program utilizing the public school facilities and
to charge tuition for students who attend the summer school. The
tuition may not exceed in any case the actual cost of operation
of the summer school program:
Provided, That any deserving pupil
whose parents, in the judgment of the board, are unable to pay
the tuition, may attend the summer school program at a reduced
charge or without charge. The county board shall have the
authority to determine the term and curriculum of the summer
schools based upon the particular needs of the individual county.
The curriculum may include, but is not limited to, remedial
instruction, accelerated instruction and the teaching of manual
arts. The term of the summer school program may not be
established in such a manner as to interfere with the regular school term.
The county boards may employ any certified teacher as
teachers for this summer school program. Certified teachers
employed by the county board to teach in the summer school
program shall be paid an amount to be determined by the county
board and shall enter into a contract of employment in such form
as is prescribed by the county board:
Provided, That teachers
who teach summer courses of instruction which are offered for
credit and which are taught during the regular school year shall
be paid at the same daily rate they would receive if paid in
accordance with the then current minimum monthly salary in effect
for teachers in that county.
Any funds accruing from the tuitions shall be credited to
and expended within the existing framework of the general current
expense fund of the county board.
Notwithstanding any other provision of this code to the
contrary, the board shall fill professional positions established
pursuant to the provisions of this section on the basis of
certification and length of time the professional has been
employed in the county's summer school program. In the event
that no employee who has been previously employed in the summer
school program holds a valid certification or licensure, a board
shall fill the position as a classroom teaching position in
accordance with section eight-b, article four, chapter eighteen-a
of this code.
Notwithstanding any other provision of the code to the contrary, the county board is authorized to employ school service
personnel to perform any related duties outside the regular
school term as defined in section eight, article four, chapter
eighteen-a of this code. An employee who was employed in any
service personnel job or position during the previous summer
shall have the option of retaining the job or position if the job
or position exists during any succeeding summer. If the employee
is unavailable or if the position is newly created, the position
shall be filled pursuant to section eight-b, article four,
chapter eighteen-a of this code. When any summer employee who is
employed in a summer position is granted a leave of absence for
the summer months, the board shall give regular employment status
to the employee for that summer position which shall be filled
under the procedure set forth in section eight-b, article four,
chapter eighteen-a of this code. The summer employee on leave of
absence shall have the option of returning to that summer
position if the position exists the succeeding summer or whenever
the position is reestablished if it were abolished. The salary
of a summer employee shall be in accordance with the salary
schedule of persons regularly employed in the same position in
the county where employed and persons employed in those positions
are entitled to all rights, privileges and benefits provided in
sections five-b, eight, eight-a, ten and fourteen, article four,
chapter eighteen-a of this code:
Provided, That those persons
are not entitled to a minimum employment term of two hundred days
for their summer position.
If a county board reduces in force the number of employees
to be employed in a particular summer program or classification
from the number employed in that position in previous summers,
the reductions in force and priority in reemployment to that
summer position shall be based upon the length of service time in
the particular summer program or classification.
For the purpose of this section, summer employment for
service personnel includes, but is not limited to, filling jobs
and positions as defined in section eight, article four, chapter
eighteen-a of this code and especially established for and which
are to be predominantly performed during the summer months to
meet the needs of a county board.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-26n. Supplemental benefits for certain teachers who
retired on or after July 1, 1984, but prior to July 1, 1986.
As an additional supplement to other retirement allowances
provided, each annuitant who retired on or after the first day of
July, one thousand nine hundred eighty-four, and before the first
day of July, one thousand nine hundred eighty-six, shall receive
a monthly amount equal to two dollars multiplied by his or her
total service credit.
§18-7A-26o. Supplemental benefits for certain teachers who
retired prior to July 1, 1986.
As an additional supplement to other retirement allowances
provided, each annuitant who retired before the first day of
July, one thousand nine hundred eighty-six, and who is receiving a monthly pension of three hundred dollars or less, shall receive
a monthly total amount equal to one dollar multiplied by his or
her total service credit.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10. Foundation allowance to improve instructional
programs.
(a) For the school year beginning on the first day of July,
one thousand nine hundred ninety-four, and thereafter, the sum of
the allocations shall be in an amount at least equal to the
amount appropriated by the Legislature, in addition to funds
which accrue from balances in the general school fund, or from
appropriations for such purposes:
(1) One hundred fifty thousand dollars shall be allocated to
each county;
(2) Distribution to the counties of the remainder of these
funds shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of
this section shall be used to improve instructional programs
according to a plan for instructional improvement which the
affected county board shall file with the state board by the
first day of August of each year, to be approved by the state
board by the first day of September of that year if such plan
substantially complies with standards to be adopted by the state
board:
Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this
section may also be used in the implementation and maintenance of
the uniform integrated regional computer information system; and
(3) Up to twenty-five percent of this allocation may be used
to employ professional educators and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized:
Provided, That
for the school year beginning on the first day of July, one
thousand nine hundred ninety-six, only, up to an additional
twenty-five percent of this allocation may be used to employ
classroom teachers, as defined in section one, article one,
chapter eighteen-a of this code, and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized:
Provided,
however, That service personnel employed with the additional
twenty-five percent for the school year beginning on the first
day of July, one thousand nine hundred ninety-six, only, may not
include directors, coordinators or supervisors.
Prior to the use of any funds from this section for
personnel costs, the county board must receive authorization from
the state superintendent of schools. The state superintendent
shall require the district board to demonstrate: (1) The need
for the allocation; (2) efficiency and fiscal responsibility in
staffing; and (3) sharing of services with adjoining counties and
the regional educational service agency for that county in the
use of the total local district board budget. District boards shall make application for available funds for the next fiscal
year by the first day of May of each year. On or before the
first day of June, the state superintendent shall review all
applications and notify applying district boards of the
distribution of the allocation:
Provided, That for the school
year beginning on the first day of July, one thousand nine
hundred ninety-three, only, the state superintendent shall review
all applications and notify applying district boards of the
distribution of the allocation on or before the first day of
July, one thousand nine hundred ninety-three. Such funds shall
be distributed during the fiscal year as appropriate. The state
superintendent shall require the county board to demonstrate the
need for an allocation for personnel based upon the county's
inability to meet the requirements of state law or state board
policy:
Provided, however, That the funds available for
personnel under this section may not be used to increase the
total number of professional noninstructional personnel in the
central office beyond four. Such instructional improvement plan
shall be made available for distribution to the public at the
office of each affected county board.
(b) Commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-three, an amount
not less than the amount required to meet debt service
requirements on any revenue bonds issued prior to the first day
of January, one thousand nine hundred ninety-four, and the debt
service requirements on any revenue bonds issued for the purpose of refunding revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, shall be paid
into the school building capital improvements fund created by
section six, article nine-d of this chapter, and shall be used
solely for the purposes of said article. The school building
capital improvements fund shall not be utilized to meet the debt
services requirement on any revenue bonds or revenue refunding
bonds for which moneys contained within the school building debt
service fund have been pledged for repayment pursuant to said
section.
§18-9A-25. State allowance for state teacher of the year salary.
To provide for the support of a sabbatical for the state
teacher of the year, there shall be appropriated for that purpose
from the general revenue fund an amount equal to the state
average contractual salary for teachers for the year in which the
teacher is selected as state teacher of the year.
ARTICLE 17. WEST VIRGINIA SCHOOLS FOR THE DEAF AND THE BLIND.
§18-17-2. Admission and record of applicants; special programs
and services.
Deaf and/or blind youth residents in the state, between the
ages of five and twenty-three, inclusive, shall be enrolled in
the schools on application to the superintendent, until the
schools are filled. Applicants shall be admitted by the
superintendent on the basis of need and degree of impairment as
determined by the schools' admissions committee. It shall be the
duty of the superintendent to keep a careful record of the names of all applicants with the dates of their admission and
discharge, their ages, post-office addresses, the names of their
parents or guardians, and the degree, cause and circumstances of
their deafness or blindness.
Nothing in this section shall be construed to prevent the
school from providing special education programs including, but
not limited to, classes, parent education, home teaching or
visiting teacher services for deaf and blind children from birth.
The schools may also enter into contractual arrangements with
counties to provide evaluation, short-term instruction and other
educational services, including direct instruction.
Any deaf or blind youth who is not a resident of the state
of West Virginia may apply to the state board for admission to
the school. The state board may approve such admission:
Provided, That such youth shall be required to pay all related
costs of attending the school.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-13. Recommended guidelines for full-day and half-day
cooks.
The following guidelines are optional guidelines that county
boards may use when scheduling full-day and half-day cooks:
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cook's Hours Worked
1-90112.00
91-1351.512.00
136-180212.00
181-2252.512.00
226-270312.00
271-3153.512.00
316-360412.00
361-4054.512.00
406-450512.00
451-4955.512.00
496-540612.00
541-5856.512.00
586-630712.00
631-6757.512.00
676-720812.00
721-7658.512.00
766-810912.00
811-8559.512.00
856-9001012.00
A meal prepared for a school lunch shall be established as a
whole meal. Other meals shall be equal to three fourths of a
school lunch meal.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in the
"state minimum salary schedule" 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
| (1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
Years
|
4th
|
3rd
|
2nd
|
|
A.B.
|
|
|
Exp.
|
Class
|
Class
|
Class
|
A.B.
|
+15
|
M.A.
|
|
0
|
17,816
|
18,453
|
18,708
|
19,918
|
20,653
|
22,361
|
|
1
|
18,097
|
18,734
|
18,989
|
20,383
|
21,118
|
22,826
|
|
2
|
18,378
|
19,016
|
19,271
|
20,848
|
21,583
|
23,291
|
|
3
|
18,660
|
19,297
|
19,552
|
21,313
|
22,048
|
23,756
|
|
4
|
19,177
|
19,814
|
20,070
|
22,014
|
22,749
|
24,457
|
|
5
|
19,458
|
20,096
|
20,351
|
22,479
|
23,214
|
24,922
|
|
6
|
19,740
|
20,377
|
20,632
|
22,944
|
23,679
|
25,387
|
|
7
|
|
20,658
|
20,914
|
23,409
|
24,144
|
25,852
|
|
8
|
|
20,940
|
21,195
|
23,874
|
24,609
|
26,317
|
|
9
|
|
|
21,476
|
24,339
|
25,074
|
26,782
|
|
10
|
|
|
21,757
|
24,805
|
25,540
|
27,248
|
|
11
|
|
|
|
25,270
|
26,005
|
27,713
|
|
12
|
|
|
|
25,735
|
26,470
|
28,178
|
|
13
|
|
|
|
26,200
|
26,935
|
28,643
|
|
14
|
|
|
|
|
|
29,108
|
|
15
|
|
|
|
|
|
29,573
|
|
16
|
|
|
|
|
|
30,038
|
|
17
|
|
|
|
|
|
|
|
18
|
|
|
|
|
|
|
|
19
|
|
|
|
|
|
|
|
(1)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
Years
|
M.A.
|
M.A.
|
M.A.
|
Doc-
|
|
Exp.
|
+15
|
+30
|
+45
|
torate
|
|
0
|
23,096
|
23,831
|
24,566
|
25,566
|
|
1
|
23,561
|
24,296
|
25,031
|
26,031
|
|
2
|
24,026
|
24,761
|
25,496
|
26,496
|
|
3
|
24,491
|
25,226
|
25,961
|
26,961
|
|
4
|
25,192
|
25,927
|
26,662
|
27,662
|
|
5
|
25,657
|
26,392
|
27,127
|
28,127
|
|
6
|
26,122
|
26,857
|
27,592
|
28,592
|
|
7
|
26,587
|
27,322
|
28,057
|
29,057
|
|
8
|
27,052
|
27,787
|
28,522
|
29,522
|
|
9
|
27,517
|
28,252
|
28,987
|
29,987
|
|
10
|
27,983
|
28,718
|
29,453
|
30,453
|
|
11
|
28,448
|
29,183
|
29,918
|
30,918
|
|
12
|
28,913
|
29,648
|
30,383
|
31,383
|
|
13
|
29,378
|
30,113
|
30,848
|
31,848
|
|
14
|
29,843
|
30,578
|
31,313
|
32,313
|
|
15
|
30,308
|
31,043
|
31,778
|
32,778
|
|
16
|
30,773
|
31,508
|
32,243
|
33,243
|
|
17
|
|
31,973
|
32,708
|
33,708
|
|
18
|
|
32,438
|
33,173
|
34,173
|
|
19
|
|
32,903
|
33,638
|
34,638
|
(b) Six hundred dollars shall be paid annually to each
classroom teacher who has at least twenty years of teaching
experience. The payments: (i) Shall be in addition to any amounts
prescribed in the "state minimum salary schedule"; (ii) shall be
paid in equal monthly installments; and (iii) shall be considered
a part of the state minimum salaries for teachers.
§18A-4-3. State minimum annual salary increments for principals
and assistant principals.
In addition to any salary increments for principals and
assistant principals, in effect on the first day of January, one thousand nine hundred ninety-six, and paid from local funds, and in
addition to the county schedule in effect for teachers, the county
board shall pay each principal, a principal's salary increment and
each assistant principal an assistant principal's salary increment
as prescribed by this section commencing on the first day of July,
one thousand nine hundred ninety-six, from state funds appropriated
for the salary increments.
State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code.
The salary increment in this section for each principal shall
be determined by multiplying the basic salary for teachers in
accordance with the classification of certification and of training
of the principal as prescribed in this article, by the appropriate
percentage rate prescribed in this section according to the number
of teachers supervised.
STATE MINIMUM SALARY INCREMENT RATES FOR PRINCIPALS
No. of Teachers
SupervisedRates
1-7 6.0%
8-14 6.5%
15-24 7.0%
25-38 7.5%
39-57 8.0%
58 and up 8.5%
The salary increment in this section for each assistant
principal shall be determined in the same manner as that for
principals, utilizing the number of teachers supervised by the
principal under whose direction the assistant principal works,
except that the percentage rate shall be fifty percent of the rate
prescribed for the principal.
Salaries for employment beyond the minimum employment term
shall be at the same daily rate as the salaries for the minimum
employment terms.
For the purpose of determining the number of teachers
supervised by a principal, the county board shall use data for the
second school month of the prior school term and the number of
teachers shall be interpreted to mean the total number of
professional educators assigned to each school on a full-time
equivalency basis:
Provided, That if there is a change in
circumstances because of consolidation or catastrophe, the county
board shall determine what is a reasonable number of supervised
teachers in order to establish the appropriate increment percentage
rate.
No county may reduce local funds allocated for salary
increments for principals and assistant principals in effect on the
first day of January, one thousand nine hundred ninety-six, and
used in supplementing the state minimum salaries as provided for in
this article, unless forced to do so by defeat of a special levy,
or a loss in assessed values or events over which it has no control
and for which the county board has received approval from the state board prior to making the reduction.
Nothing in this section prevents a county board from
providing, in a uniform manner, salary increments greater than
those required by this section.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
The purpose of this section is to establish an employment term
and class titles for service personnel. The employment term for
service personnel may be no less than ten months. A month is
defined as twenty employment days:
Provided, That the county board
may contract with all or part of these service personnel for a
longer term. The beginning and closing dates of the ten-month
employment term may not exceed forty-three weeks.
Service personnel employed on a yearly or twelve-month basis
may be employed by calendar months. Whenever there is a change in
job assignment during the school year, the minimum pay scale and
any county supplement are applicable.
Service personnel employed in the same classification for more
than the two hundred-day minimum employment term shall be paid for
additional employment at a daily rate of not less than the daily
rate paid for the two hundred-day minimum employment term.
No service employee, without his or her agreement, may be
required to report for work more than five days per week and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
Should an employee whose regular work week is scheduled from Monday through Friday agree to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least one
half day of work for each day he or she reports for work, and if
the employee works more than three and one-half hours on any
Saturday or Sunday, he or she shall be paid for at least a full day
of work for each day.
Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is
interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation equal to at least one
eighth of their total salary as provided by their state minimum
salary and any county pay supplement, and payable entirely from
county funds:
Provided, That when engaged in duties of transporting
students exclusively, aides shall not be regarded as working an
interrupted schedule.
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
the employee's salary shall be made to comply with the requirements
of this article, and to any county salary schedule in excess of the
minimum requirements of this article, based upon the employee's
advanced classification and allowable years of employment.
An employee's contract as provided in section five, article
two of this chapter shall state the appropriate monthly salary the
employee is to be paid, based on the class title as provided in
this article and any county salary schedule in excess of the
minimum requirements of this article.
The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined
as follows:
"Pay grade" means the monthly salary applicable to class
titles of service personnel.
"Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board in any position prior to or subsequent to the effective date
of this section and including service in the armed forces of the
United States, if the employee were employed at the time of his or
her induction. For the purpose of section eight-a of this article,
years of employment shall be limited to the number of years shown
and allowed under the state minimum pay scale as set forth in
section eight-a of this article.
"Class title" means the name of the position or job held by
service personnel.
"Accountant I" means personnel employed to maintain payroll
records and reports and perform one or more operations relating to
a phase of the total payroll.
"Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting process
associated with billing, budgets, purchasing and related
operations.
"Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable and/or
payroll procedures.
"Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide.
"Aide II" means those personnel referred to in the "Aide I"
classification who have completed a training program approved by
the state board, or who hold a high school diploma or have received
a general educational development certificate. Only personnel
classified in an Aide II class title may be employed as an aide in
any special education program.
"Aide III" means those personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate, and have completed six
semester hours of college credit at an institution of higher
education or are employed as an aide in a special education program
and have one year's experience as an aide in special education.
"Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed eighteen
hours of state board-approved college credit at a regionally
accredited institution of higher education, or who have completed
fifteen hours of state board-approved college credit at a
regionally accredited institution of higher education and
successfully completed an in-service training program determined by
the state board to be the equivalent of three hours of college
credit.
"Audiovisual technician" means personnel employed to perform minor maintenance on audiovisual equipment, films, supplies and the
filling of requests for equipment.
"Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts.
"Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined by
the state board:
Provided, That the state board shall determine
these standards and experience on or before the first day of July,
one thousand nine hundred ninety-two:
Provided, however, That if
any employee has held or holds an aide title and becomes employed
as an autism mentor, the employee shall hold a multiclassification
status that includes aide and autism mentor titles, in accordance
with section eight-b of this article.
"Braille or sign language specialist" means personnel employed
to provide braille and/or sign language assistance to students:
Provided, That if any employee has held or holds an aide title and
becomes employed as a braille or sign language specialist, the
employee shall hold a multiclassification status that includes aide
and braille or sign language specialist title, in accordance with
section eight-b of this article.
"Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board.
"Buyer" means personnel employed to review and write specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs.
"Cabinetmaker" means personnel employed to construct cabinets,
tables, bookcases and other furniture.
"Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for supplies
and repairs, keeping inventories, inspecting areas to maintain high
standards of sanitation, preparing financial reports and keeping
records pertinent to food services of a school.
"Carpenter I" means personnel classified as a carpenter's
helper.
"Carpenter II" means personnel classified as a journeyman
carpenter.
"Chief mechanic" means personnel employed to be responsible
for directing activities which ensure that student transportation
or other board-owned vehicles are properly and safely maintained.
"Clerk I" means personnel employed to perform clerical tasks.
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines.
"Computer operator" means qualified personnel employed to
operate computers.
"Cook I" means personnel employed as a cook's helper.
"Cook II" means personnel employed to interpret menus, to prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for a
period of four years, if the personnel have not been elevated to
this classification within that period of time.
"Cook III" means personnel employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school
system.
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned projects.
"Custodian I" means personnel employed to keep buildings clean
and free of refuse.
"Custodian II" means personnel employed as a watchman or
groundsman.
"Custodian III" means personnel employed to keep buildings
clean and free of refuse, to operate the heating or cooling systems
and to make minor repairs.
"Custodian IV" means personnel employed as head custodians.
In addition to providing services as defined in "Custodian III",
their duties may include supervising other custodian personnel.
"Director or coordinator of services" means personnel who are
assigned to direct a department or division. Nothing herein may
prohibit professional personnel or professional educators as
defined in section one, article one of this chapter, from holding
this class title, but professional personnel may not be defined or
classified as service personnel unless the professional personnel held a service personnel title under this section prior to holding
class title of "director or coordinator of services":
Provided,
That funding for professional personnel in positions classified as
directors or coordinators of services who were assigned prior to
the first day of May, one thousand nine hundred ninety-four, may
not be required to be redirected from service personnel categories
as a result of this provision until the first day of July, one
thousand nine hundred ninety-six. Thereafter, directors or
coordinators of service positions shall be classified as either a
professional personnel or service personnel position for state aid
formula funding purposes and funding for directors or coordinators
of service positions shall be based upon the employment status of
the director or coordinator either as a professional personnel or
service personnel.
"Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued by
the state fire marshal.
"Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment.
"Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is assigned
to a position characterized by significant administrative duties.
"Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and
supervise a county school system's food service program. The
duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency and keeping
aggregate records and reports.
"Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of school
property and equipment.
"General maintenance" means personnel employed as helpers to
skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system.
"Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic
illustrations.
"Groundsmen" means personnel employed to perform duties that
relate to the appearance, repair and general care of school grounds
in a county school system. Additional assignments may include the
operation of a small heating plant and routine cleaning duties in
buildings.
"Handyman" means personnel employed to perform routine manual
tasks in any operation of the county school system.
"Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment.
"Heating and air conditioning mechanic II" means personnel
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment.
"Heavy equipment operator" means personnel employed to operate
heavy equipment.
"Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain
locks and safes.
"Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
system.
"Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer, shaper,
threading machine and wheel press. Such personnel should also have
ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail.
"Maintenance clerk" means personnel employed to maintain and
control a stocking facility to keep adequate tools and supplies on
hand for daily withdrawal for all school maintenance crafts.
"Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
laying.
"Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of
automobiles, school buses and other mechanical and mobile equipment
to use in a county school system.
"Mechanic assistant" means personnel employed as a mechanic
apprentice and helper.
"Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section. In such instances the minimum salary scale shall be
the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as an
office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment.
Personnel shall be responsible for parts being purchased necessary
for the proper operation of a program of continuous maintenance and
repair.
"Painter" means personnel employed to perform duties of
painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system.
"Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of pupils under
the direction of a principal, a teacher or another designated
professional educator:
Provided, That no person employed on the
effective date of this section in the position of an aide may be
reduced in force or transferred to create a vacancy for the
employment of a paraprofessional:
Provided, however, That if any
employee has held or holds an aide title and becomes employed as a
paraprofessional, the employee shall hold a multiclassification
status that includes aide and paraprofessional titles in accordance
with section eight-b of this article:
Provided further, That once
an employee who holds an aide title becomes certified as a
paraprofessional and is required to perform duties that may not be
performed by an aide without paraprofessional certification, he or
she shall receive the paraprofessional title pay grade.
"Plumber I" means personnel employed as an apprentice plumber
and helper.
"Plumber II" means personnel employed as a journeyman plumber.
"Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple, bind and shelve materials.
"Printing supervisor" means personnel employed to supervise
the operation of a print shop.
"Programmer" means personnel employed to design and prepare
programs for computer operation.
"Roofing/sheet metal mechanic" means personnel employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation.
"Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
environmental protection.
"School bus supervisor" means qualified personnel employed to
assist in selecting school bus operators and routing and scheduling
of school buses, operate a bus when needed, relay instructions to
bus operators, plan emergency routing of buses and promoting good
relationships with parents, pupils, bus operators and other
employees.
"Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines.
"Secretary II" means personnel employed in any elementary,
secondary, kindergarten, nursery, special education, vocational or
any other school as a secretary. The duties may include performing
general clerical tasks, transcribing from notes or stenotype or
mechanical equipment or a sound-producing machine, preparing reports, receiving callers and referring them to proper persons,
operating office machines, keeping records and handling routine
correspondence. There is nothing implied herein that would prevent
the employees from holding or being elevated to a higher
classification.
"Secretary III" means personnel assigned to the county board
office administrators in charge of various instructional,
maintenance, transportation, food services, operations and health
departments, federal programs or departments with particular
responsibilities of purchasing and financial control or any
personnel who have served in a position which meets the definition
of "Secretary II" or "Secretary III" herein for eight years.
"Supervisor of maintenance" means skilled personnel not
defined as professional personnel or professional educators as in
section one, article one of this chapter. The responsibilities
would include directing the upkeep of buildings and shops, issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical
equipment of a board.
"Supervisor of transportation" means qualified personnel
employed to direct school transportation activities, properly and
safely, and to supervise the maintenance and repair of vehicles,
buses and other mechanical and mobile equipment used by the county
school system.
"Switchboard operator-receptionist" means personnel employed
to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate
switchboard equipment and to provide clerical assistance.
"Truck driver" means personnel employed to operate light or
heavy duty gasoline and diesel-powered vehicles.
"Warehouse clerk" means personnel employed to be responsible
for receiving, storing, packing and shipping goods.
"Watchman" means personnel employed to protect school property
against damage or theft. Additional assignments may include
operation of a small heating plant and routine cleaning duties.
"Welder" means personnel employed to provide acetylene or
electric welding services for a school system.
In addition to the compensation provided for in section eight-
a of this article, for service personnel, each service employee is,
notwithstanding any provisions in this code to the contrary,
entitled to all service personnel employee rights, privileges and
benefits provided under this or any other chapter of this code
without regard to the employee's hours of employment or the methods
or sources of compensation.
Service personnel whose years of employment exceed the number
of years shown and provided for under the state minimum pay scale
set forth in section eight-a of this article may not be paid less
than the amount shown for the maximum years of employment shown and
provided for in the classification in which he or she is employed.
The county boards shall review each service personnel employee
job classification annually and shall reclassify all service
employees as required by the job classifications. The state superintendent of schools is hereby authorized to withhold state
funds appropriated pursuant to this article for salaries for
service personnel who are improperly classified by the county
boards. Further, the state superintendent shall order county
boards to correct immediately any improper classification matter
and with the assistance of the attorney general shall take any
legal action necessary against any county board to enforce the
order.
No service employee, without his or her written consent, may
be reclassified by class title, nor may a service employee, without
his or her written consent, be relegated to any condition of
employment which would result in a reduction of his or her salary,
rate of pay, compensation or benefits earned during the current
fiscal year or which would result in a reduction of his or her
salary, rate of pay, compensation or benefits for which he or she
would qualify by continuing in the same job position and
classification held during that fiscal year and subsequent years.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and is liable to any
party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
Notwithstanding any provisions in this code to the contrary,
service personnel who hold a continuing contract in a specific job
classification and who are physically unable to perform the job's
duties as confirmed by a physician chosen by the employee shall be given priority status over any employee not holding a continuing
contract in filling other service personnel job vacancies if
qualified as provided in section eight-e of this article.
§18A-4-8a. Service personnel minimum monthly salaries.
|
STATE MINIMUM PAY SCALE PAY GRADE
|
|
Years of
|
|
|
|
|
|
|
Employ-
|
|
|
|
|
|
|
|
ment
|
A
|
B
|
C
|
D
|
E
|
F
|
|
0
|
1,040.00
|
1,060.00
|
1,100.00
|
1,150.00
|
1,200.00
|
1,260.00
|
|
1
|
1,066.00
|
1,086.00
|
1,126.00
|
1,176.00
|
1,226.00
|
1,286.00
|
|
2
|
1,092.00
|
1,112.00
|
1,152.00
|
1,202.00
|
1,252.00
|
1,312.00
|
|
3
|
1,118.00
|
1,138.00
|
1,178.00
|
1,228.00
|
1,278.00
|
1,338.00
|
|
4
|
1,144.00
|
1,164.00
|
1,204.00
|
1,254.00
|
1,304.00
|
1,364.00
|
|
5
|
1,170.00
|
1,190.00
|
1,230.00
|
1,280.00
|
1,330.00
|
1,390.00
|
|
6
|
1,196.00
|
1,216.00
|
1,256.00
|
1,306.00
|
1,356.00
|
1,416.00
|
|
7
|
1,222.00
|
1,242.00
|
1,282.00
|
1,332.00
|
1,382.00
|
1,442.00
|
|
8
|
1,248.00
|
1,268.00
|
1,308.00
|
1,358.00
|
1,408.00
|
1,468.00
|
|
9
|
1,274.00
|
1,294.00
|
1,334.00
|
1,384.00
|
1,434.00
|
1,494.00
|
|
10
|
1,300.00
|
1,320.00
|
1,360.00
|
1,410.00
|
1,460.00
|
1,520.00
|
|
11
|
1,326.00
|
1,346.00
|
1,386.00
|
1,436.00
|
1,486.00
|
1,546.00
|
|
12
|
1,352.00
|
1,372.00
|
1,412.00
|
1,462.00
|
1,512.00
|
1,572.00
|
|
13
|
1,378.00
|
1,398.00
|
1,438.00
|
1,488.00
|
1,538.00
|
1,598.00
|
|
14
|
1,404.00
|
1,424.00
|
1,464.00
|
1,514.00
|
1,564.00
|
1,624.00
|
|
15
|
1,430.00
|
1,450.00
|
1,490.00
|
1,540.00
|
1,590.00
|
1,650.00
|
|
16
|
1,456.00
|
1,476.00
|
1,516.00
|
1,566.00
|
1,616.00
|
1,676.00
|
|
17
|
1,482.00
|
1,502.00
|
1,542.00
|
1,592.00
|
1,642.00
|
1,702.00
|
|
18
|
1,508.00
|
1,528.00
|
1,568.00
|
1,618.00
|
1,668.00
|
1,728.00
|
|
19
|
1,534.00
|
1,554.00
|
1,594.00
|
1,644.00
|
1,694.00
|
1,754.00
|
|
20
|
1,560.00
|
1,580.00
|
1,620.00
|
1,670.00
|
1,720.00
|
1,780.00
|
|
21
|
1,586.00
|
1,606.00
|
1,646.00
|
1,696.00
|
1,746.00
|
1,806.00
|
|
22
|
1,612.00
|
1,632.00
|
1,672.00
|
1,722.00
|
1,772.00
|
1,832.00
|
|
23
|
1,638.00
|
1,658.00
|
1,698.00
|
1,748.00
|
1,798.00
|
1,858.00
|
|
24
|
1,664.00
|
1,684.00
|
1,724.00
|
1,774.00
|
1,824.00
|
1,884.00
|
|
25
|
1,690.00
|
1,710.00
|
1,750.00
|
1,800.00
|
1,850.00
|
1,910.00
|
|
26
|
1,716.00
|
1,736.00
|
1,776.00
|
1,826.00
|
1,876.00
|
1,936.00
|
|
27
|
1,742.00
|
1,762.00
|
1,802.00
|
1,852.00
|
1,902.00
|
1,962.00
|
|
28
|
1,768.00
|
1,788.00
|
1,828.00
|
1,878.00
|
1,928.00
|
1,988.00
|
|
29
|
1,794.00
|
1,814.00
|
1,854.00
|
1,904.00
|
1,954.00
|
2,014.00
|
|
30
|
1,820.00
|
1,840.00
|
1,880.00
|
1,930.00
|
1,980.00
|
2,040.00
|
|
Years of
|
|
|
|
Employ-
|
|
|
|
ment
|
G
|
H
|
|
0
|
1,290.00
|
1,360.00
|
|
1
|
1,316.00
|
1,386.00
|
|
2
|
1,342.00
|
1,412.00
|
|
3
|
1,368.00
|
1,438.00
|
|
4
|
1,394.00
|
1,464.00
|
|
5
|
1,420.00
|
1,490.00
|
|
6
|
1,446.00
|
1,516.00
|
|
7
|
1,472.00
|
1,542.00
|
|
8
|
1,498.00
|
1,568.00
|
|
9
|
1,524.00
|
1,594.00
|
|
10
|
1,550.00
|
1,620.00
|
|
11
|
1,576.00
|
1,646.00
|
|
12
|
1,602.00
|
1,672.00
|
|
13
|
1,628.00
|
1,698.00
|
|
14
|
1,654.00
|
1,724.00
|
|
15
|
1,680.00
|
1,750.00
|
|
16
|
1,706.00
|
1,776.00
|
|
17
|
1,732.00
|
1,802.00
|
|
18
|
1,758.00
|
1,828.00
|
|
19
|
1,784.00
|
1,854.00
|
|
20
|
1,810.00
|
1,880.00
|
|
21
|
1,836.00
|
1,906.00
|
|
22
|
1,862.00
|
1,932.00
|
|
23
|
1,888.00
|
1,958.00
|
|
24
|
1,914.00
|
1,984.00
|
|
25
|
1,940.00
|
2,010.00
|
|
26
|
1,966.00
|
2,036.00
|
|
27
|
1,992.00
|
2,062.00
|
|
28
|
2,018.00
|
2,088.00
|
|
29
|
2,044.00
|
2,114.00
|
|
30
|
2,070.00
|
2,140.00
|
CLASS TITLEPAY GRADE
Accountant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor E
Braille or Sign Language Specialist E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
ParaprofessionalF
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
(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" 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" set forth in this
section.
(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 shall also be added to
the minimum monthly pay of each service employee who holds twelve
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.
§18A-4-8b. Seniority rights for school service personnel.
A county board shall make decisions affecting promotions and
the filling of any service personnel positions of employment or
jobs occurring throughout the school year that are to be performed
by service personnel as provided in section eight of this article, on the basis of seniority, qualifications and evaluation of past
service.
Qualifications shall mean that the applicant holds a
classification title in his category of employment as provided in
this section and must be given first opportunity for promotion and
filling vacancies. Other employees then must be considered and
shall qualify by meeting the definition of the job title as defined
in section eight of this article, that relates to the promotion or
vacancy. If requested by the employee, the board must show valid
cause why an employee with the most seniority is not promoted or
employed in the position for which he or she applies. Applicants
shall be considered in the following order:
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued
in accordance with this section;
(3) Professional personnel who held temporary service
personnel jobs or positions prior to the ninth day of June, one
thousand nine hundred eighty-two, and who apply only for such
temporary jobs or positions;
(4) Substitute service personnel; and
(5) New service personnel.
The county board may not prohibit a service employee from
retaining or continuing his employment in any positions or jobs
held prior to the effective date of this section and thereafter.
A promotion shall be defined as any change in his employment
that the employee deems to improve his working circumstance within his classification category of employment and shall include a
transfer to another classification category or place of employment
if the position is not filled by an employee who holds a title
within that classification category of employment. Each class
title listed in section eight of this article shall be considered
a separate classification category of employment for service
personnel, except for those class titles having Roman numeral
designations, which shall be considered a single classification of
employment. The cafeteria manager class title shall be included in
the same classification category as cooks. The executive secretary
class title shall be included in the same classification category
as secretaries. Paraprofessional, autism mentor and braille or
sign language specialist class titles shall be included in the same
classification category as aides.
For purposes of determining seniority under this section an
employee's seniority begins on the date that he or she enters into
his assigned duties.
Notwithstanding any other provisions of this chapter to the
contrary, decisions affecting service personnel with respect to
extra-duty assignments shall be made in the following manner: An
employee with the greatest length of service time in a particular
category of employment shall be given priority in accepting extra
duty assignments, followed by other fellow employees on a rotating
basis according to the length of their service time until all such
employees have had an opportunity to perform similar assignments.
The cycle then shall be repeated:
Provided, That an alternative procedure for making extra-duty assignments within a particular
classification category of employment may be utilized if the
alternative procedure is approved both by the county board and by
an affirmative vote of two thirds of the employees within that
classification category of employment. For the purpose of this
section, "extra-duty assignments" are defined as irregular jobs
that occur periodically or occasionally such as, but not limited
to, field trips, athletic events, proms, banquets and band festival
trips.
Boards shall be required to post and date notices of all job
vacancies of established existing or newly created positions in
conspicuous working places for all school service employees to
observe for at least five working days. The notice of the job
vacancies shall include the job description, the period of
employment, the amount of pay and any benefits and other
information that is helpful to the employees to understand the
particulars of the job. After the five day minimum posting period
all vacancies shall be filled within twenty working days from the
posting date notice of any job vacancies of established existing or
newly created positions.
All decisions by county boards concerning reduction in work
force of service personnel shall be made on the basis of seniority,
as provided in this section.
The seniority of any service personnel shall be determined on
the basis of the length of time the employee has been employed by
the county board within a particular job classification. For the purpose of establishing seniority for a preferred recall list as
provided in this section, when an employee has been employed in one
or more classifications, the seniority accrued in each previous
classification shall be retained by the employee.
If a county board is required to reduce the number of
employees within a particular job classification, the employee with
the least amount of seniority within that classification or grades
of classification shall be properly released and employed in a
different grade of that classification if there is a job vacancy:
Provided, That if there is no job vacancy for employment within the
classification or grades of classification, he or she shall be
employed in any other job classification which he or she previously
held with the county board if there is a vacancy and shall retain
any seniority accrued in the job classification or grade of
classification.
If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system
established by the employees and approved by the county board.
All employees whose seniority with the county board is
insufficient to allow their retention by the county board during a
reduction in work force shall be placed upon a preferred recall
list and shall be recalled to employment by the county board on the
basis of seniority.
Employees placed upon the preferred list shall be recalled to
any position openings by the county board within the
classification(s), where they had previously been employed, or to any lateral position for which the employee is qualified or to a
lateral area for which an employee has certification and/or
licensure.
Employees on the preferred recall list shall not forfeit their
right to recall by the county board if compelling reasons require
an employee to refuse an offer of reemployment by the county board.
The county board shall notify all employees on the preferred
recall list of all position openings that from time to time exist.
The notice shall be sent by certified mail to the last known
address of the employee; it is the duty of each such employee to
notify the county board of any change in the address of the
employee.
No position openings may be filled by the county board,
whether temporary or permanent, until all employees on the
preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept
reemployment.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and is liable to any
party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court. Further, employees denied promotion or
employment in violation of this section shall be awarded the job,
pay and any applicable benefits retroactively to the date of the
violation and shall be paid entirely from local funds. Further,
the board is liable to any party prevailing against the board for any court reporter costs including copies of transcripts.
§18A-4-8g. Determination of seniority for service personnel.
The seniority for service personnel shall be determined in the
following manner:
Seniority accumulation for a regular school service employee
begins on the date the employee enters upon regular employment
duties pursuant to a contract as provided in section five, article
two of this chapter and continues until the employee's employment
as a regular employee is severed with the county board. Seniority
shall not cease to accumulate when an employee is absent without
pay as authorized by the county board or the absence is due to
illness or other reasons over which the employee has no control as
authorized by the county board. Seniority accumulation for a
substitute employee shall begin upon the date the employee enters
upon the duties of a substitute as provided in section fifteen of
this article, after executing with the board a contract of
employment as provided in section five, article two of this
chapter. The seniority of a substitute employee, once established,
shall continue until such employee enters into the duties of a
regular employment contract as provided in section five, article
two of this chapter or employment as a substitute with the county
board is severed. Seniority of a regular or substitute employee
shall continue to accumulate except during the time when an
employee is willfully absent from employment duties because of a
concerted work stoppage or strike or is suspended without pay.
For all purposes including the filling of vacancies and reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article:
Provided, That when implementing a reduction in
force, an employee with the least seniority within a particular
classification category shall be properly released and placed on
the preferred recall list. The particular classification title
held by an employee within the classification category shall not be
taken into consideration when implementing a reduction in force.
On or before the first day of September and the fifteenth day
of January of each school year, county boards shall post at each
county school or working station the current seniority list or
lists of each school service classification. Each list shall
contain the name of each regularly employed school service
personnel employed in each classification and the date that each
employee began performing his or her assigned duties in each
classification. Current seniority lists of substitute school
service personnel shall be available to employees upon request at
the county board office.
The seniority of an employee who transfers out of a class
title or classification category of employment and subsequently
returns to that class title or classification category of
employment shall be calculated as follows:
The county board shall establish the number of calendar days
between the date the employee left the class title or category of
employment in question and the date of return to the class title or classification category of employment. This number of days shall
be added to the employee's initial seniority date to establish a
new beginning seniority date within the class title or
classification category. The employee shall then be considered as
having held uninterrupted service within the class title or
classification category from the newly established seniority date.
The seniority of an employee who has had a break in the
accumulation of seniority as a result of being willfully absent
from employment duties because of a concerted work stoppage or
strike shall be calculated in the same manner.
A substitute school service employee shall acquire regular
employment status and seniority if said employee receives a
position pursuant to subsections (2) and (5), section fifteen of
this article:
Provided, That a substitute employee who accumulates
regular employee seniority while holding a position acquired
pursuant to said subsections shall simultaneously accumulate
substitute seniority. County boards shall not be prohibited from
providing any benefits of regular employment for substitute
employees, but the benefits shall not include regular employee
status and seniority.
If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system
established by the employees and approved by the county board.
A board shall conduct the random selection within thirty days upon
the employees establishing an identical seniority date. All
employees with an identical seniority date within the same class title or classification category shall participate in the random
selection. As long as the affected employees hold identical
seniority within the same classification category, the initial
random selection conducted by the board shall be permanent for the
duration of the employment within the same classification category
of the employees by the board. This random selection priority
shall apply to the filling of vacancies and to the reduction in
force of school service personnel:
Provided, That if another
employee or employees subsequently acquire seniority identical to
the employees involved in the original random selection, a second
random selection shall be held within thirty days to determine the
seniority ranking of the new employee or employees within the
group. The priority between the employees who participated in the
original random selection shall remain the same. The second random
selection will be performed by placing numbered pieces of paper
equal to the number of employees with identical seniority in a
container. The employees who were not involved in the original
random selection will draw a number from the container which will
determine their seniority within the group as a whole. This
process will be repeated if additional employees subsequently
acquire identical seniority. The same process will be utilized if
additional employees are subsequently discovered to have the same
seniority as the original group of employees but who did not
participate in the original random selection through oversight or
mistake.
Service personnel who are employed in a classification category of employment at the time when a vacancy is posted in the
same classification category of employment shall be given first
opportunity to fill the vacancy.
Seniority acquired as a substitute and as a regular employee
shall be calculated separately and shall not be combined for any
purpose. Seniority acquired within different classification
categories shall be calculated separately:
Provided, That when a
school service employee makes application for a position outside of
the classification category currently held, if the vacancy is not
filled by an applicant within the classification category of the
vacancy, the applicant shall combine all regular employment
seniority acquired for the purposes of bidding on the position.
School service personnel who hold multi-classification titles
shall accrue seniority in each classification category of
employment which said employee holds and shall be considered an
employee of each classification category contained within his or
her multi-classification title. Multi-classified employees shall
be subject to reduction in force in any category of employment
contained within their multi-classification title based upon the
seniority accumulated within said category of employment:
Provided,
That if a multi-classified employee is reduced in force in one
classification category, said employee shall retain employment in
any of the other classification categories that he holds within his
multi-classification title. In such a case, the county board shall
delete the appropriate classification title or classification
category from the contract of the multi-classified employee.
When applying to fill a vacancy outside the classification
categories held by the multi-classified employee, seniority
acquired simultaneously in different classification categories
shall be calculated as if accrued in one classification category
only.
The seniority conferred in this section applies retroactively
to all affected school service personnel, but the rights incidental
thereto shall commence as of the effective date of this section.
§18A-4-8h. Limitation on number of school service personnel
positions to be held by an employee.
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.
§18A-4-15. Employment of service personnel substitutes.
The county board shall employ and the county superintendent,
subject to the approval of the county board, shall assign
substitute service personnel on the basis of seniority to perform
any of the following duties:
(1) To fill the temporary absence of another service employee;
(2) To fill the position of a regular service employee on
leave of absence:
Provided, That if such leave of absence is to
extend beyond thirty days, the board, within twenty working days
from the commencement of the leave of absence, shall give regular
employee status to a person hired to fill such position. The
person employed on a regular basis shall be selected under the
procedure set forth in section eight-b of this article. The
substitute shall hold such position and regular employee status
only until the regular employee shall be returned to such position
and the substitute shall have and shall be accorded all rights,
privileges and benefits pertaining to such position:
Provided,
however, That if a regular or substitute employee fills a vacancy
that is related to a leave of absence in any manner as provided
herein, upon termination of the leave of absence said employee
shall be returned to his or her original position;
(3) To perform the service of a service employee who is
authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position
caused by severance of employment by the resignation, transfer,
retirement, permanent disability, dismissal pursuant to section
eight, article two of this chapter, or death of the regular service
employee who had been assigned to fill such position:
Provided,
That within twenty working days from the commencement of the
vacancy, the board shall fill such vacancy under the procedures set
out in section eight-b of this article and section five, article two of this chapter and such person hired to fill the vacancy shall
have and shall be accorded all rights, privileges and benefits
pertaining to such position;
(5) To fill the vacancy created by a regular employee's
suspension:
Provided, That if the suspension is for more than
thirty working days the substitute service employee shall be
assigned to fill the vacancy on a regular basis and shall have and
be accorded all rights, privileges and benefits pertaining to such
position until such termination by the county board becomes final.
If the suspended employee is not returned to his job, the board
shall fill the vacancy under the procedures set out in section
eight-b of this article and section five, article two of this
chapter; and
(6) To temporarily fill a vacancy in a newly created position
prior to employment of a service personnel on a regular basis under
the procedure set forth in section eight-b of this article.
Substitutes shall be assigned in the following manner: A
substitute with the greatest length of service time, that is, from
the date he began his assigned duties as a substitute in that
particular category of employment, shall be given priority in
accepting the assignment throughout the period of the regular
employee's absence or until the vacancy is filled on a regular
basis under the procedures set out in section eight-b of this
article. All substitutes shall be employed on a rotating basis
according to the length of their service time until each substitute
has had an opportunity to perform similar assignments:
Provided, That if there are regular service employees employed in the same
building or working station as the absent employee and who are
employed in the same classification category of employment, such
regular employees shall be first offered the opportunity to fill
the position of the absent employee on a rotating and seniority
basis with the substitute then filling the regular employee's
position. A regular employee assigned to fill the position of an
absent employee shall be given the opportunity to hold that
position throughout such absence.
The salary of a substitute service employee shall be based
upon his years of employment as defined in section eight of this
article and as provided in the state minimum pay scale set forth in
section eight-a of this article and shall be in accordance with the
salary schedule of persons regularly employed in the same position
in the county in which he is employed.
Before any substitute service employee enters upon his or her
duties, he shall execute with the county board a written contract
as provided in section five, article two of this chapter.
To establish a uniform system of providing a fair and
equitable opportunity for substitutes to enter upon their duties
for the first time, the following method shall be used: The initial
order of assigning newly employed substitutes shall be determined
by a random selection system established by the affected substitute
employees and approved by the county board. This initial priority
order shall be in effect only until the substitute service
personnel have entered upon their duties for the first time.
Substitute service employees who have worked thirty days for
a school system shall have all rights pertaining to suspension,
dismissal and contract renewal as is granted to regular service
personnel in sections six, seven, eight and eight-a, article two of
this chapter.
§18A-4-16. Extracurricular assignments.
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual agreement
of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular duties
shall mean, but not be limited to, any activities that occur at
times other than regularly scheduled working hours, which include
the instructing, coaching, chaperoning, escorting, providing
support services or caring for the needs of students, and which
occur on a regularly scheduled basis:
Provided, That all school
service personnel assignments shall be considered extracurricular
assignments, except such assignments as are considered either
regular positions, as provided by section eight of this article, or
extra-duty assignments, as provided by section eight-b of this
article.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in
each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the
employee and the board shall be in writing and signed by both parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in this
section and shall not be conditioned upon the employee's acceptance
or continuance of any extracurricular assignment proposed by the
superintendent, a designated representative, or the board.
(5) The board shall fill extracurricular school service
personnel assignments and vacancies in accordance with section
eight-b of this article:
Provided, That an alternative procedure
for making extracurricular school service personnel assignments
within a particular classification category of employment may be
utilized if the alternative procedure is approved both by the
county board and by an affirmative vote of two thirds of the
employees within that classification category of employment.
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, 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:
Provided, That the authority does 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.
An aide designated by the principal under this subsection
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) 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 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 an aide elect 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) For the purposes of this section, aide shall mean and
include any aide class title as defined in section eight, article
four of this chapter, regardless of numeric classification.
(d) 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) 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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