Senate Bill No. 604
(By Senators Jackson, Bailey, Boley, Bowman, Caldwell, Edgell,
Helmick, Hunter, Minear, Redd and Unger)
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[Originating in the Committee on Education;
reported March 26, 2001.]
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A BILL to amend and reenact section five, article two-e, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said article
by adding thereto two new sections, designated sections five-a
and five-b; to amend and reenact section two, article four of
said chapter; to amend and reenact sections thirteen and
fifteen, article five of said chapter; to amend and reenact
section one, article one, chapter eighteen-a of said code; to
amend and reenact section three-a, article three of said
chapter; to amend and reenact sections two, two-a, three
seven-a, eight-a, eight-b and nineteen, article four of said chapter; to further amend said article by adding thereto a new
section, designated section two-b; and to amend and reenact
section eight, article five of said chapter, all relating to
authority to intervene in the operation of a school; removal
of principal; superintendent employment contract; principals'
employment contract; first-class permits for superintendents;
including service personnel in job sharing provisions;
employment terms for principals; eliminating obsolete
language; payment of tuition, registration or other required
fees for teachers; salaries of teachers, principals and
service personnel; additional salary and reimbursement for
national board certification; job postings for professional
and service personnel positions; additional pay for service
personnel for college hours or comparable credit in a trade or
vocational school; preferred recall status; rescinding a
reduction in force; alteration of contract changing employment
term; and transfer of aides.
Be it enacted by the Legislature of West Virginia:
That section five, article two-e, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that said article be further amended by
adding thereto two new sections, designated sections five-a and
five-b; that section two, article four of said chapter be amended and reenacted; that sections thirteen and fifteen, article five of
said chapter be amended and reenacted; that section one, article
one, chapter eighteen-a of said code be amended and reenacted; that
section three-a, article three of said chapter be amended and
reenacted; that sections two, two-a, three, seven-a, eight-a,
eight-b and nineteen, article four of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section two-b; and that section eight,
article five of said chapter be amended and reenacted, all to read
as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; office of education
performance audits; education standards; school
accreditation and school system approval;
intervention to correct impairments.
(a)
Legislative intent. -- The purpose of this section is to
establish a process for improving education that includes
standards, assessment, accountability and capacity building to
provide assurances that a thorough and efficient system of schools
is being provided for all West Virginia public school students on
an equal education opportunity basis and that the high quality
standards are, at a minimum, being met.
(b)
State board rules. -- The state board shall promulgate
rules in accordance with article three-b, chapter twenty-nine-a of
this code establishing a unified county improvement plan for each
county board and a unified school improvement plan for each public
school in this state. The state board is not required to
promulgate new rules if legislative rules meeting the requirements
of article three-b, chapter twenty-nine-a of this code have been
filed with the office of the secretary of state before the
effective date of this section.
(c)
High quality education standards and efficiency standards.
-- The state board shall, in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student and school performance;
(12) A code of conduct for students and employees;
(13) Indicators of efficiency; and
(14) Any other such areas as determined by the state board.
(d)
Performance measures. -- The standards shall assure that
all graduates are prepared for gainful employment or for continuing
postsecondary education and training and that schools and school
districts are making progress in achieving the education goals of
the state.
The standards shall include measures of student performance to
indicate when a thorough and efficient system of schools is being
provided and of school and school system performance and processes
that enable student performance. The measures of student
performance and school and school system performance and processes
shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance by grade level measured, where possible, by a
uniform statewide assessment program;
(2) School attendance rates;
(3) Student dropout rate;
(4) Percent of students promoted to next grade;
(5) Graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio
requested by county boards and number granted;
(8) Number of split-grade classrooms;
(9) Percentage of graduates who enrolled in college; the
percentage of graduates who enrolled in other postsecondary
education; and the percentage of graduates who become fully
employed within one year of high school graduation all as reported
by the graduates on the assessment form attached to their
individualized student transition plan, pursuant to section eight
of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) Percentage of graduates who attain the minimum level of
performance in the basic skills recognized by the state board as
laying the foundation for further learning and skill development
for success in college, other postsecondary education and gainful
employment and the grade level distribution in which the minimum
level of performance was met;
(15) Percentage of graduates who received additional certification of their skills, competence and readiness for
college, other postsecondary education or employment above the
minimum foundation level of basic skills;
(16) Percentage of students in secondary and middle schools
who are enrolled in advanced placement or honors classes,
respectively; and
(17)
Indicators of efficiency. - The state board shall, in
accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, adopt and periodically review and
update indicators of efficiency for student and school system
performance and processes in the following areas:
(A) Curriculum delivery including, but not limited to, the use
of distance learning;
(B) Transportation;
(C) Facilities;
(D) Administrative practices;
(E) Personnel;
(F) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(G) Any other indicators as determined by the state board.
(e)
Assessment and accountability of school and school system
performance and processes. -- The state board shall establish by
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, a system of education performance
audits which measures the quality of education and the preparation
of students based on the standards and measures of student, school
and school system performance and processes, including, but not
limited to, the standards and measures set forth in subsections (c)
and (d) of this section. The system of education performance
audits shall assist the state board in ensuring that the standards
and measures established pursuant to this section are, at a
minimum, being met and that a thorough and efficient system of
schools is being provided. The system of education performance
audits shall include: (1) The assessment of student, school and
school system performance and the processes in place in schools and
school systems which enable student performance; (2) the review of
school and school system unified improvement plans; and (3) the
periodic, random unannounced on-site review of school and school
system performance and compliance with the standards.
(f)
Uses of school and school system assessment information.
-- The state board shall use information from the system of
education performance audits to assist it in ensuring that a
thorough and efficient system of schools is being provided and to improve student, school and school system performance, including,
but not limited to, the following: (1) Determining school
accreditation and school system approval status; (2) holding
schools and school systems accountable for the efficient use of
existing resources to meet or exceed the standards; and (3)
targeting additional resources when necessary to improve
performance. Primary emphasis in determining school accreditation
and school system approval status will be based on student, school
and school system performance on measures selected by the state
board. The state board shall make accreditation information
available to the Legislature; the governor; and to the general
public and any individuals who request such information, subject to
the provisions of any act, rule or regulation restricting the
release of information. Based on the assessment of student, school
and school system performance, the state board shall establish
early detection and intervention programs to assist underachieving
schools and school systems in improving performance before
conditions become so grave as to warrant more substantive state
intervention, including, but not limited to, making additional
technical assistance, programmatic, monetary and staffing resources
available where appropriate.
(g)
Office of education performance audits. -- To assist the
state board in the operation of the system of education performance audits and in making determinations regarding the accreditation
status of schools and the approval status of school systems, the
state board shall establish an office of education performance
audits which shall be operated under the direction of the state
board independently of the functions and supervision of the state
department of education and state superintendent. The office of
education performance audits shall report directly to and be
responsible to the state board in carrying out its duties under the
provisions of this section. The office shall be headed by a
director who shall be appointed by the state board and shall serve
at the will and pleasure of the state board. The salary of the
director shall not exceed the salary of the state superintendent of
schools. The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by this section and the
state board. Employees of the state department of education who
are transferred to the office of education performance audits shall
retain their benefit and seniority status with the department of
education. Under the direction of the state board, the office of
education performance audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance of students, schools and school systems, and shall
receive assistance from staff at the state department of education
and the state school building authority to carry out the duties assigned to the office. In addition to other duties which may be
assigned to it by the state board or by statute, the office of
education performance audits also shall:
(1) Assure that all statewide assessments of student
performance are secure as required in section one-a, article two-e
of this chapter;
(2) Administer all accountability measures as assigned by the
state board, including, but not limited to, processes for the
accreditation of schools and the approval of school systems, and
recommend to the state board appropriate action, including, but not
limited to, accreditation and approval action;
(3) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school,
school system and state board, plans to establish those needed
capacities;
(4) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of
trends and the need for continuing improvements in education, and
report those deficiencies and trends to the state board;
(5) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the state board, and make recommendations to the state board,
the center for professional development, regional educational
service agencies, higher education governing boards and county
boards; and
(6) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance, and make recommendations to the state board for
recognizing and rewarding exemplary schools and school systems and
promoting the use of best practices. The state board shall provide
information on best practices to county school systems and shall
use information identified through the assessment and
accountability processes to select schools of excellence.
(h)
On-site reviews. -- At the direction of the state board
or by weighted, random selection by the office of education
performance audits, an unannounced on-site review shall be
conducted by the office of education performance audits of any
school or school system for purposes, including, but not limited
to, the following: (1) Verifying data reported by the school or
county board; (2) documenting compliance with policies and laws; (3) evaluating the effectiveness and implementation status of
school and school system unified improvement plans; (4)
investigating official complaints submitted to the state board that
allege serious impairments in the quality of education in schools
or school systems; and (5) investigating official complaints
submitted to the state board that allege that a school or county
board is in violation of policies or laws under which schools and
county boards operate. The random selection of schools and school
systems for an on-site review shall use a weighted random sample so
that those with lower performance indicators and those that have
not had a recent on-site review have a greater likelihood of being
selected. Under the direction of the state board, the office of
education performance audits shall appoint an education standards
compliance review team to assist it in conducting on-site reviews.
The teams shall be composed of an adequate number of persons who
possess the necessary knowledge, skills and experience to make an
accurate assessment of education programs and who are drawn from a
trained cadre established by the office of education performance
audits. The state board shall have discretion in determining the
number of persons to serve on a standards compliance review team
based on the size of the school or school system as applicable.
The teams shall be led by a member of the office of education
performance audits. County boards shall be reimbursed for the costs of substitutes required to replace county board employees
while they are serving on an education standards compliance review
team. The office of education performance audits shall report the
findings of the on-site reviews to the state board for inclusion in
the evaluation and determination of a school's or county board's
accreditation or approval status as applicable.
(i)
School accreditation. -- The state board annually shall
review the information from the system of education performance
audits submitted for each school and shall issue to every school:
Exemplary accreditation status, full accreditation status,
temporary accreditation status, conditional accreditation status,
or shall declare the education programs at the school to be
seriously impaired.
(1) Full accreditation status shall be given to a school when
the school's performance on the standards adopted by the state
board pursuant to subsections (c) and (d) of this section is at a
level which would be expected when all of the high quality
education standards are being met.
(2) Temporary accreditation status shall be given to a school
when the measure of the school's performance is below the level
required for full accreditation status. Whenever a school is given
temporary accreditation status, the county board shall ensure
that the school's unified improvement plan is revised to increase the performance of the school to a full accreditation status
level. The revised unified school improvement plan shall include
objectives, a time line, a plan for evaluation of the success of
the improvements, cost estimates, and a date certain for achieving
full accreditation. The revised plan shall be submitted to the
state board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance on the standards adopted by
the state board is below the level required for full accreditation,
but the school's unified improvement plan has been revised to
achieve full accreditation status by a date certain, the plan has
been approved by the state board and the school is meeting the
objectives and time line specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance on the standards adopted by the state
board pursuant to subsections (c) and (d) of this section
substantially exceeds the minimal level which would be expected
when all of the high quality education standards are being met.
The state board shall propose legislative rules in accordance with
the provisions of article three-b, chapter twenty-nine-a,
designated to establish standards of performance to identify
exemplary schools.
(5) The state board shall establish and adopt standards of performance to identify seriously impaired schools and the state
board may declare a school seriously impaired whenever
extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to,
(i) the failure of a school on temporary accreditation status to
obtain approval of its revised unified school improvement plan
within a reasonable time period as defined by the state board;
(ii)
the failure of a school on conditional accreditation status to meet
the objectives and time line of its revised unified school
improvement plan; or
(iii) to achieve full accreditation by the
date specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired, the state board shall
appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correction of the impairment.
Upon approval of the recommendations by the state board, the
recommendations shall be made to the county board. If progress in
correcting the impairment as determined by the state board is not
made within six months from the time the county board receives the
recommendations, the state board shall place the county board on
temporary approval status and provide consultation and assistance
to the county board to: (i) Improve personnel management; (ii)
establish more efficient financial management practices; (iii) improve instructional programs and rules; or (iv) make such other
improvements as may be necessary to correct the impairment.
(C) If the impairment is not corrected by a date certain set
by the state board, the county board shall be given nonapproval
status.
(D) In addition to any other remedy provided in this
subsection, if the impairment is not corrected by the date certain
set by the state board, the state board may intervene in the
operation of the school to cause improvements to be made that will
provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not
limited to, the following: (i) the establishment of instructional
programs and rules and such other areas as may be designated by the
state board by rule; (ii) taking such direct action as may be
necessary to correct the impairments;(iii) declaring that the
position of principal is vacant; and (iv)
assigning a principal for
the school who shall serve at the will and pleasure and the sole
supervision of the state board.
(E) The county board shall take no action or refuse any action
which would have the effect of further impairing the school in
which the state board has intervened.
(F) If the principal removed elects not to remain an employee
of the county board, then the principal assigned by the state board shall be paid by the county board.
(G) If the principal removed elects to remain an employee of
the county board, then the following shall apply: (i) the principal
assigned by the state board shall be paid by the state board until
the next school term, at which time the principal assigned by the
state board shall be paid by the county board, (ii) the principal
removed shall be placed on the preferred recall list, as defined in
section seven,
article four of this chapter, and (iii) the
principal removed shall be paid by the county board and may be
assigned to administrative duties, without the duty of the county
board to post that position until the end of the school term.
(j) Transfers from seriously impaired schools. -- Whenever a
school is determined to be seriously impaired and fails to improve
its status within one year, any student attending such school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the
school from which the student transferred.
(k) School system approval. -- The state board annually shall
review the information submitted for each school system from the
system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval, or nonapproval.
(1) Full approval shall be given to a county board whose education system meets or exceeds all of the high quality standards
for student, school and school system performance and processes
adopted by the state board and whose schools have all been given
full, temporary or conditional accreditation status.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan to
increase the performance of the school system to a full approval
status level. The revised plan shall include objectives, a time
line, a plan for evaluation of the success of the improvements, a
cost estimate, and a date certain for achieving full approval. The
revised plan shall be submitted to the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria: (i) The plan has been revised to achieve full
approval status by a date certain; (ii) the plan has been approved
by the state board; and (iii) the county board is meeting the
objectives and time line specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within a reasonable time period as defined by the state board or fails to
meet the objectives and time line of its revised unified county
improvement plan or fails to achieve full approval by the date
specified in the revised plan. The state board shall establish and
adopt additional standards to identify school systems in which the
program may be nonapproved and the state board may issue
nonapproval status whenever extraordinary circumstances exist as
defined by the state board. Furthermore, whenever a county board
has more than a casual deficit, as defined in section one, article
one of this chapter, the county board shall submit a plan to the
state board specifying the county board's strategy for eliminating
the casual deficit. The state board either shall approve or reject
the plan. If the plan is rejected, the state board shall
communicate to the county board the reason or reasons for the
rejection of the plan. The county board may resubmit the plan any
number of times. However, any county board that fails to submit a
plan and gain approval for the plan from the state board before the
end of the fiscal year after a deficit greater than a casual
deficit occurred or any county board which, in the opinion of the
state board, fails to comply with an approved plan may be
designated as having nonapproval status. Whenever nonapproval
status is given to a school system, the state board shall declare
a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty
days of appointment for correcting the emergency. Upon approval of
the recommendations by the state board, the recommendations shall
be made to the county board. If progress in correcting the
emergency, as determined by the state board, is not made within six
months from the time the county board receives the recommendations,
the state board shall intervene in the operation of the school
system to cause improvements to be made that will provide
assurances that a thorough and efficient system of schools will be
provided. This intervention may include, but is not limited to,
the following: (i) Limiting the authority of the county
superintendent and county board as to the expenditure of funds, the
employment and dismissal of personnel, the establishment and
operation of the school calendar, the establishment of
instructional programs and rules and such other areas as may be
designated by the state board by rule; (ii) taking such direct
action as may be necessary to correct the emergency; and (iii)
declaring that the office of the county superintendent is vacant.
(l) Notwithstanding any other provision of this section, the
state board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (k) of this section, if
the state board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and
(2) That delaying intervention for any period of time would
not be in the best interests of the students of the county school
system.
(m) Capacity. -- The process for improving education includes
a process for targeting resources strategically to improve the
teaching and learning process. Development of unified school and
school system improvement plans, pursuant to subsection (b) of this
section, is intended, in part, to provide mechanisms to target
resources strategically to the teaching and learning process to
improve student, school and school system performance. When
deficiencies are detected through the assessment and accountability
processes, the revision and approval of school and school system
unified improvement plans shall ensure that schools and school
systems are efficiently using existing resources to correct the
deficiencies. When the state board determines that schools and
school systems do not have the capacity to correct deficiencies,
the state board shall work with the county board to develop or
secure the resources necessary to increase the capacity of schools
and school systems to meet the standards and, when necessary, seek
additional resources in consultation with the Legislature and the
governor.
The state board shall recommend to the appropriate body
including, but not limited to, the Legislature, county boards,
schools and communities, methods for targeting resources
strategically to eliminate deficiencies identified in the
assessment and accountability processes by:
(1) Examining reports and unified improvement plans regarding
the performance of students, schools and school systems relative to
the standards and identifying the areas in which improvement is
needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance of
students or the deficiencies of the school or school system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and promoting their emulation throughout the system;
(4) Requesting technical assistance from the school building
authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building
authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development, higher education, regional
educational service agencies and county boards based on identified needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
(n) Review of accountability system.
(1) The Legislature finds that the effective implementation of
a standards based accountability system is an important issue for
the state's public education system. In order for the state to
make improvements in its standards based accountability system, it
is essential to review the standards based accountability system
currently in place to identify areas of possible improvements that
may exist. It is the intent of the Legislature that each area of
the standards based accountability system be reviewed in accordance
with nationally recognized standards.
(2) The state board shall conduct a comprehensive review of
the current standards based accountability system and report the
findings to the legislative oversight commission on education
accountability with recommendations for improvements on or before
the first day of January, two thousand one. The review shall
include, but not be limited to, the following:
(A) The extent to which accountability goals and strategies
focus on academic performance, and the extent that other purposes
are clarified in terms of coherent, specific goals to be achieved;
(B) The extent to which designated authorities are charged
with the efficient governance of the accountability system;
(C) The extent to which specific responsibilities for student
learning and performance are assigned to designated agents;
(D) The extent to which accountability is based on accurate
measures of performance as informed by assessments that are
administered equitably to all students;
(E) The extent to which those responsible for governing
accountability regularly report student and school performance
information in useful terms and on a timely basis to school staff,
students and their families, and local policymakers, and the news
media;
(F) The extent to which incentives are established that
effectively motivate agents to improve student learning, and the extent that consequences, which could include rewards,
interventions or sanctions, are predictably applied in response to
performance results;
(G) The extent to which agents are provided sufficient support
and assistance to ensure they have the capacity necessary to help
students achieve high performance standards;
(H) The extent to which policy makers work to ensure that
education policies, mandated programs, financial resources, and the
accountability system are well aligned so that consistent messages
are communicated about education goals and priorities;
(I) The extent to which the accountability system has
widespread support; and
(J) The extent to which various established partnerships work
together to support districts, schools and teachers in their
efforts to improve student achievement.
§18-2E-5a. County superintendent employment contract.
(a) The Legislature previously granted authority to the state
board to intervene in the operation of a county school system in
section five, article two-e of this chapter. Part of the authority
given is the authority of the state board to declare that the
office of the county superintendent is vacant. County boards enter
into contracts to employ persons as superintendents for a term of
years which creates substantial rights and obligations. Although the statute provides that the state board may declare the office of
the county superintendent vacant, the statute did not specifically
give the state board authority to void the contract of the county
superintendent. The intent of this section is to clarify what
contractual obligations continue after removal.
(b) Whenever the state board intervenes in the operation of a
school system and the office of the county superintendent is
declared vacant pursuant to section five, article two-e of this
chapter, the state board may, for any intervention which is
instituted after the effective date of this section, void any
existing employment contract between the county board and the
county superintendent.
(c) Whenever a county board elects a county superintendent and
enters into a written contract of employment with the
superintendent, the county board shall include within the contract
a conspicuous clause that informs the superintendent that if the
state board intervenes in the operation of the county school system
pursuant to section five, article two-e of this chapter, the state
board has the authority to vacate the office and void the
employment contract.
§18-2E-5b. Principal's contract.
(a) Section five of this article grants authority to the state
board to intervene in the operation of a school. Part of the authority given is the authority of the state board to declare that
the position of principal is vacant. County boards enter into
contracts to employ persons as principals which creates substantial
rights and obligations. The intent of this section is to clarify
what contractual obligations continue after removal.
(b) Whenever the state board intervenes in the operation of a
school and the position of principal is declared vacant pursuant to
section five, article two-e of this chapter, the state board may,
for any intervention which is instituted after the effective date
of this section, void any existing provision in an employment
contract which relates to being a principal.
(c) Whenever a county board employs a principal and enters
into a written contract of employment with the principal, the
county board shall include within the contract a conspicuous clause
that informs the principal that if the state board intervenes in
the operation of the school pursuant to section five, article two-e
of this chapter, the state board has the authority to vacate the
position and void any provision in the employment contract that
relates to being a principal.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-2. Qualifications; health certificate; disability; acting
superintendent.
Superintendents employed prior to the twenty-eighth day of June, one thousand nine hundred eighty-eight shall hold a
certificate valid in West Virginia and an approved master's degree
including at least twelve semester hours in school administration
and supervision, and at least five years experience in public
school teaching and/or supervision.
Any superintendent appointed as superintendent after the
twenty-seventh day of June, one thousand nine hundred eighty-eight,
shall meet requirements for the professional administrative or
first class permit certificate endorsed for superintendent by the
first day of July, one thousand nine hundred ninety-three two
thousand one: Any new superintendent appointed as of the thirtieth
day of August, one thousand nine hundred ninety, shall hold a
professional administrative certificate endorsed for
superintendent: Provided,
That any candidate for superintendent
who possesses an earned doctorate from an accredited institution of
higher education, has completed three successful years of teaching
in public education and has the equivalent of three years of
experience in management or supervision, upon employment by the
county board of education shall be granted a permanent
administrative certificate and shall be a licensed county
superintendent. Any person employed as assistant superintendent or
educational administrator prior to the twenty-seventh day of June,
one thousand nine hundred eighty-eight, and who was previously employed as superintendent shall not be required to hold the
professional administrative certificate endorsed for
superintendent.
Before entering upon the discharge of his or her duties the
superintendent shall file with the president of the board a health
certificate from a reputable physician, on a form prescribed by the
state department of education, certifying that he or she is
physically fit for the duties of his or her office and that he or
she has no infectious or contagious disease; and if the
superintendent, due to accident or illness, should become
incapacitated to an extent that could lead to a prolonged absence,
the board, upon unanimous vote, has the authority to enter an order
declaring the incapacity and it shall appoint an acting
superintendent until such time as a majority of the members of the
board determine that the incapacity no longer exists. However, an
acting superintendent shall not serve as such for more than one
year, or later than the expiration date of the superintendent's
term, whichever is less, without being reappointed by the board of
education.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13. Authority of boards generally.
The boards, subject to the provisions of this chapter and the
rules of the state board, have authority:
(1) To control and manage all of the schools and school
interests for all school activities and upon all school property,
whether owned or leased by the county, including the authority to
require that records be kept of all receipts and disbursements of
all funds collected or received by any principal, teacher, student
or other person in connection with the schools and school
interests, any programs, activities or other endeavors of any
nature operated or carried on by or in the name of the school, or
any organization or body directly connected with the school, to
audit the records and to conserve the funds, which shall be
considered quasi-public moneys, including securing surety bonds by
expenditure of board moneys;
(2) To establish schools, from preschool through high school,
inclusive of vocational schools; and to establish schools and
programs, or both, for post high school instruction, subject to
approval of the state board of education;
(3) To close any school which is unnecessary and to assign the
pupils of the school to other schools: Provided, That the closing
shall be officially acted upon and teachers and service personnel
involved notified on or before the first Monday in April, in the
same manner as provided in section four of this article, except in
an emergency, subject to the approval of the state superintendent,
or under subdivision (5) of this section;
(4) To consolidate schools;
(5) To close any elementary school whose average daily
attendance falls below twenty pupils for two months in succession
and send the pupils to other schools in the district or to schools
in adjoining districts. If the teachers in the closed school are
not transferred or reassigned to other schools, they shall receive
one month's salary;
(6) (a) To provide at public expense adequate means of
transportation, including transportation across county lines, for
all children of school age who live more than two miles distance
from school by the nearest available road; to provide at public
expense and according to such rules as the board may establish,
adequate means of transportation for school children participating
in board-approved curricular and extracurricular activities; and to
provide in addition thereto at public expense, by rules and within
the available revenues, transportation for those within two miles
distance; to provide in addition thereto, at no cost to the board
and according to rules established by the board, transportation for
participants in projects operated, financed, sponsored or approved
by the commission on aging: Provided, That all costs and expenses
incident in any way to transportation for projects connected with
the commission on aging shall be borne by the commission, or the
local or county chapter of the commission: Provided, however, That in all cases the school buses owned by the board of education
shall be driven or operated only by drivers regularly employed by
the board of education: Provided further, That the county board
may provide, under rules established by the state board, for the
certification of professional employees as drivers of board-owned
vehicles with a seating capacity of less than ten passengers used
for the transportation of pupils for school-sponsored activities
other than transporting students between school and home: And
provided further, That the use of the vehicles shall be limited to
one for each school-sponsored activity: And provided further, That
buses shall be used for extracurricular activities as provided in
this section only when the insurance provided for by this section
is in effect;
(b) To enter into agreements with one another to provide, on
a cooperative basis, adequate means of transportation across county
lines for children of school age subject to the conditions and
restrictions of subdivisions (6) and (8) of this section;
(7) (a) To lease school buses operated only by drivers
regularly employed by the board to public and private nonprofit
organizations or private corporations to transport school-age
children to and from camps or educational activities in accordance
with rules established by the board. All costs and expenses
incurred by or incidental to the transportation of the children shall be borne by the lessee;
(b) To contract with any college or university or officially
recognized campus organizations to provide transportation for
college or university students, faculty or staff to and from the
college or university: Provided, That only college and university
students, faculty and staff are being transported. The contract
shall include consideration and compensation for bus operators,
repairs and other costs of service, insurance and any rules
concerning student behavior;
(8) To provide at public expense for insurance against the
negligence of the drivers of school buses, trucks or other vehicles
operated by the board; and if the transportation of pupils is
contracted, then the contract for the transportation shall provide
that the contractor shall carry insurance against negligence in an
amount specified by the board;
(9) To provide solely from county funds for all regular
full-time employees of the board all or any part of the cost of a
group plan or plans of insurance coverage not provided or available
under the West Virginia public employees insurance act;
(10) To employ teacher aides, to provide in-service training
for teacher aides, the training to be in accordance with rules of
the state board and, in the case of service personnel assuming
duties as teacher aides in exceptional children programs, to provide a four-clock-hour program of training prior to the
assignment which shall, in accordance with rules of the state
board, consist of training in areas specifically related to the
education of exceptional children;
(11) To establish and conduct a self-supporting dormitory for
the accommodation of the pupils attending a high school or
participating in a post high school program and of persons employed
to teach in the high school or post high school program;
(12) To employ legal counsel;
(13) To provide appropriate uniforms for school service
personnel;
(14) To provide at public expense and under rules as
established by any county board of education for the payment of
traveling expenses incurred by any person invited to appear to be
interviewed concerning possible employment by the county board of
education;
(15) To allow or disallow their designated employees to use
publicly provided carriage to travel from their residences to their
workplace and return: Provided, That the usage is subject to the
supervision of the board and is directly connected with and
required by the nature and in the performance of the employee's
duties and responsibilities;
(16) To provide, at public expense, adequate public liability insurance, including professional liability insurance for board
employees;
(17) To enter into agreements with one another to provide, on
a cooperative basis, improvements to the instructional needs of
each county. The cooperative agreements may be used to employ
specialists in a field of academic study or support functions or
services, for the academic study. The agreements are subject to
approval by the state board of education;
(18) To provide information about vocational or higher
education opportunities to students with handicapping conditions.
The board shall provide in writing to the students and their
parents or guardians information relating to programs of vocational
education and to programs available at state funded institutions of
higher education. The information may include sources of available
funding, including grants, mentorships and loans for students who
wish to attend classes at institutions of higher education;
(19) To enter into agreements with one another, with the
approval of the state board, for the transfer and receipt of any
and all funds determined to be fair when students are permitted or
required to attend school in a county other than the county of
their residence; and
(20) To enter into job-sharing arrangements, as defined in
section one, article one, chapter eighteen-a of this code, with its professional employees and service personnel: Provided, That a job
sharing arrangement shall meet all the requirements relating to
posting, qualifications and seniority, as provided for in article
four, chapter eighteen-a of this code: Provided, however, That,
notwithstanding any provisions of this code to the contrary, a
county board which enters into a job-sharing arrangement wherein
two or more professional employees or two or more service personnel
voluntarily share an authorized full-time position shall provide
the mutually agreed upon employee coverage but shall not offer
insurance coverage to more than one of the job sharing employees,
including any group plan or group plans available under the state
public employees insurance act: Provided further, That all
employees involved in the job-sharing agreement meet the
requirements of subdivision (4), section two, article sixteen,
chapter five of this code.
"Quasi-public funds" as used in this section means any money
received by any principal, teacher, student or other person for the
benefit of the school system as a result of curricular or
noncurricular activities.
The board of each county shall expend under rules it
establishes for each child an amount not to exceed the proportion
of all school funds of the district that each child would be
entitled to receive if all the funds were distributed equally among all the children of school age in the district upon a per capita
basis.
§18-5-15. School term; exception; levies; ages of persons to whom
schools are open.
(a) The board shall provide a school term for its schools
which shall be comprised of:
(1) An employment term for teachers; and
(2) An employment term for principals and assistant
principals; and
(3) An instructional term for pupils.
Nothing in this section shall prohibit prohibits the
establishment of year-round schools in accordance with rules to be
established by the state board.
(b) The employment term for teachers shall be no less than ten
months. The employment term for principals shall be no less than
eleven months. A month to be defined as means twenty employment
days exclusive of Saturdays and Sundays: Provided, That the board
may contract with all or part of the personnel for a longer term.
The employment term shall be fixed within such beginning and
closing dates as established by the state board: Provided,
however, That the time between the beginning and closing dates does
not exceed forty-three weeks for the employment term for teachers
and the instructional term for pupils, and does not exceed forty-four weeks for the employment term for principals.
(c) Within the employment term there shall be an instructional
term for pupils of not less than one hundred eighty nor more than
one hundred eighty-five instructional days: Provided, That the
minimum instructional term may be decreased, by order of the state
superintendent of schools, in any West Virginia county declared to
be a federal disaster area by the federal emergency management
agency. Instructional and noninstructional activities may be
scheduled during the same employment day. Noninstructional
interruptions to the instructional day shall be minimized to allow
the classroom teacher to teach. The instructional term shall
commence no earlier than the twenty-sixth day of August and shall
terminate no later than the eighth day of June. Provided, however,
That the state board of education shall evaluate data which shall
be submitted by each county by the first of June, one thousand nine
hundred ninety-four, regarding the climate control conditions, such
as air conditioning and related information at each school in the
county, and how these conditions impact on the instructional term.
The criterion referenced test mandated in section two, article
two-e of this chapter shall not be required to be given during
school year one thousand nine hundred ninety-three--ninety-four.
(d) Noninstructional days in the employment term may be used
for making up canceled instructional days, curriculum development, preparation for opening and closing of the instructional term,
in-service and professional training of teachers, teacher-pupil-
parent conferences, professional meetings and other related
activities. In addition, each board shall designate and schedule
for teachers and service personnel six days to be used by the
employee outside the school environment. However, no more than
eight noninstructional days, except holidays, may be scheduled
prior to the first day of January in a school term.
(e) Notwithstanding any other provisions of the law to the
contrary, if the board has canceled instructional days equal to the
difference between the total instructional days scheduled and one
hundred seventy-eight, each succeeding instructional day canceled
shall be rescheduled, utilizing only the remaining noninstructional
days, except holidays, following such cancellation, which are
available prior to the second day before the end of the employment
term established by such county board.
(f) Where the employment term overlaps a teacher's or service
personnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, such participation for not
more than five of the noninstructional days of the employment term.
(g) The board may extend the instructional term beyond one hundred eighty-five instructional days provided the employment term
is extended an equal number of days. If the state revenues and
regular levies, as provided by law, are insufficient to enable the
board of education to provide for the school term, the board may at
any general or special election, if petitioned by at least five
percent of the qualified voters in the district, submit the
question of additional levies to the voters. If at the election a
majority of the qualified voters cast their ballots in favor of the
additional levy, the board shall fix the term and lay a levy
necessary to pay the cost of the additional term. The additional
levy fixed by the election shall may not continue longer than five
years without submission to the voters. The additional rate shall
may not exceed by more than one hundred percent the maximum school
rate prescribed by article eight, chapter eleven of the code, as
amended.
(b)(h) The public schools shall be open for the full
instructional term to all persons who have attained the entrance
age as stated in section five, article two and section eighteen,
article five, chapter eighteen of this code: Provided, That any
student suspended or expelled from public or private school shall
only be permitted to enroll in public school upon the approval of
the superintendent of the county where the student seeks
enrollment: Provided, however, That in making such decision, the principal of the school in which the student may enroll shall be
consulted by the superintendent and the principal may make a
recommendation to the superintendent concerning the student's
enrollment in his or her new school: Provided further, That if
enrollment to public school is denied by the superintendent, the
student may petition the board of education where the student seeks
enrollment.
(i) Persons over the age of twenty-one may enter only those
programs or classes authorized by the state board of education and
deemed considered appropriate by the county board of education
conducting any such program or class: Provided, That authorization
for such programs or classes shall in no way serve to affect or
eliminate programs or classes offered by county boards of education
at the adult level for which fees are charged to support such
programs or classes.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 1. GENERAL PROVISIONS.
§18A-1-1. Definitions.
The definitions contained in section one, article
one, chapter eighteen of this code apply to this chapter. In
addition, the following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed
by a county board of education whether employed on a regular full-
time basis, an hourly basis or otherwise. School personnel shall
be comprised of two categories: Professional personnel and service
personnel.
(b) "Professional personnel" means persons who meet
the certification and/or licensing requirements of the state, and
includes the professional educator and other professional
employees.
(c) "Professional educator" is synonymous with and
has the same meaning as "teacher" as defined in section one,
article one, chapter eighteen of this code. Professional educators
shall be classified as:
(1) "Classroom teacher". -- The professional educator
who has direct instructional or counseling relationship with
pupils, spending the majority of his or her time in this capacity.
(2) "Principal". -- The professional educator who as
agent of the board has responsibility for the supervision,
management and control of a school or schools within the guidelines
established by said board. The major area of such responsibility
shall be the general supervision of all the schools and all school
activities involving pupils, teachers and other school personnel.
(3) "Supervisor". -- The professional educator who, whether by this or other appropriate title, is responsible for
working primarily in the field with professional and/or other
personnel in instructional and other school improvement.
(4) "Central office administrator". -- The
superintendent, associate superintendent, assistant superintendent
and other professional educators, whether by these or other
appropriate titles, who are charged with the administering and
supervising of the whole or some assigned part of the total
program of the county-wide school system.
(d) "Other professional employee" means that person
from another profession who is properly licensed and is employed to
serve the public schools and includes a registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has completed either a two-year (sixty-four semester
hours) or a three-year (ninety-six semester hours) nursing program.
(e) "Service personnel" means those who serve the
school or schools as a whole, in a nonprofessional capacity,
including such areas as secretarial, custodial, maintenance,
transportation, school lunch and as aides.
(f) "Principals academy" or "academy" means the
academy created pursuant to section two-b, article three-a of this
chapter.
(g) "Center for professional development" means the
center created pursuant to section one, article three-a of this
chapter.
(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its professional employees or two or more service personnel
who wish to divide between them the duties and responsibilities of
one authorized full-time position.
(i) "Prospective employable professional personnel"
means certified professional educators who:
(1) Have been recruited on a reserve list of a county
board;
(2) Have been recruited at a job fair or as a result
of contact made at a job fair;
(3) Have not obtained regular employee status through
the job posting process provided for in section seven-a, article
four of this chapter; and
(4) Have obtained a baccalaureate degree from an
accredited institution of higher education within the past year.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-3a. Payment of tuition, registration and other fees for
teachers; maximum payment per teacher.
(a) As used in this section, "teacher" has the meaning as
defined in section one, article one, chapter eighteen of this
code.
(b) The West Virginia department of education shall establish
in its annual budget a separate line item and shall pay from the
appropriations therefor, to the extent that appropriations are
provided, the tuition, registration and other required fees of
teachers as provided in subsections (e) and (f) of this section.
the teachers, as defined in section one, article one, chapter
eighteen of this code, with continuing contracts who have completed
any courses meeting the requirements of the department for renewal
of certification as required in section three of this article in
any college or university within the state.
(c) A teacher may enroll for such courses in a college or
university outside the state and, upon receiving prior approval
from the department, be reimbursed for tuition, registration and
other required fees upon completion thereof.
(d) However Payment for any single fee made by the
department pursuant to the provisions of this section shall may
not exceed the amount of the highest corresponding fee charged at
a West Virginia state-supported college or university. Provided,
That: the
(e) Payment for tuition, registration or other required fees under this section shall be limited to payment of such fees for up
to a maximum of fifteen semester hours per teacher and may only be
made:
(1) To a teacher who has completed any course meeting the
requirements of the department for additional endorsement as
required in section three of this article in any college or
university within the state;
(2) To a teacher who holds a valid West Virginia professional
or provisional professional teaching service or administrative
certificate, or its equivalent;
(3) To a teacher who has completed coursework toward an
additional endorsement in a shortage area, as defined by state
board policy; and
(4) In accordance with rules and regulations promulgated by
the department pursuant to this section.
(f) Payment may not be made to any teacher who:
(1) Is employed as a teacher in another state;
(2) Is employed as a teacher in a private school in this
state; or
(3) Resides in another state and is not employed regularly
for instructional purposes in a public school in this state.
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 I" 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: Provided, That
beginning on the first day of the second half of the teacher's
employment term in the school year two thousand one-two thousand
two, and thereafter, each teacher shall receive the amount
prescribed in "state minimum salary schedule II" as set forth in
this section, specific additional amounts prescribed in this
section or article, and any county supplement in effect in a county
pursuant to section five-a of this article during the contract
year.
STATE MINIMUM SALARY SCHEDULE I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd A.B. M.A. M.A. M.A. Doc-
Exp.Class Class Class A.B. +15 M.A. +15 +30 +45 trate
|
0
|
18,572
|
19,209
|
19,464
|
20,674
|
21,409
|
23,117
|
23,852
|
24,587
|
25,322
|
26,322
|
|
1
|
18,853
|
19,490
|
19,745
|
21,139
|
21,874
|
23,582
|
24,317
|
25,052
|
25,787
|
26,787
|
|
2
|
19,134
|
19,772
|
20,027
|
21,604
|
22,339
|
24,047
|
24,782
|
25,517
|
26,252
|
27,252
|
|
3
|
19,416
|
20,053
|
20,308
|
22,069
|
22,804
|
24,512
|
25,247
|
25,982
|
26,717
|
27,717
|
|
4
|
19,933
|
20,570
|
20,826
|
22,770
|
23,505
|
25,213
|
25,948
|
26,683
|
27,418
|
28,418
|
|
5
|
20,214
|
20,852
|
21,107
|
23,235
|
23,970
|
25,678
|
26,413
|
27,148
|
27,883
|
28,883
|
|
6
|
20,496
|
21,133
|
21,388
|
23,700
|
24,435
|
26,143
|
26,878
|
27,613
|
28,348
|
29,348
|
|
7
|
20,496
|
21,414
|
21,670
|
24,165
|
24,900
|
26,608
|
27,343
|
28,078
|
28,813
|
29,813
|
|
8
|
20,496
|
21,696
|
21,951
|
24,630
|
25,365
|
27,073
|
27,808
|
28,543
|
29,278
|
30,278
|
|
9
|
20,496
|
|
22,232
|
25,095
|
25,830
|
27,538
|
28,273
|
29,008
|
29,743
|
30,743
|
|
10
|
20,496
|
|
22,513
|
25,561
|
26,296
|
28,004
|
28,739
|
29,474
|
30,209
|
31,209
|
|
11
|
20,496
|
|
|
26,026
|
26,761
|
28,469
|
29,204
|
29,939
|
30,674
|
31,674
|
|
12
|
20,496
|
|
|
26,491
|
27,226
|
28,934
|
29,669
|
30,404
|
31,139
|
32,139
|
|
13
|
20,496
|
|
|
26,956
|
27,691
|
29,399
|
30,134
|
30,869
|
31,604
|
32,604
|
|
14
|
20,496
|
|
|
|
|
29,864
|
30,599
|
31,334
|
32,069
|
33,069
|
15
|
20,496
|
|
|
|
|
30,329
|
31,064
|
31,799
|
32,534
|
33,534
|
16
|
20,496
|
|
|
|
|
30,794
|
31,529
|
32,264
|
32,999
|
33,999
|
17
|
20,496
|
|
|
|
|
|
|
32,729
|
33,464
|
34,464
|
18
|
20,496
|
|
|
|
|
|
|
33,194
|
33,929
|
34,929
|
19
|
20,496
|
|
|
|
|
|
|
33,659
|
34,394
|
35,394
|
Subject to a recommendation by the governor for a pay raise through
the delivery of an executive message to the Legislature and an
appropriation by the Legislature for a pay raise, each teacher shall
receive, effective the first day of July, one thousand nine hundred
ninety-nine, and thereafter, the amount prescribed in "state minimum
salary schedule II" as set forth 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 I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd A.B. M.A. M.A. M.A. Doc-
Exp.Class Class Class A.B. +15 M.A. +15 +30 +45 trate
|
0
|
19,328
|
19,965
|
20,220
|
21,430
|
22,165
|
23,873
|
24,608
|
25,343
|
26,078
|
27,078
|
|
1
|
19,609
|
20,246
|
20,501
|
21,895
|
22,630
|
24,338
|
25,073
|
25,808
|
26,543
|
27,543
|
|
2
|
19,890
|
20,528
|
20,783
|
22,360
|
23,095
|
24,803
|
25,538
|
26,273
|
27,008
|
28,008
|
|
3
|
20,172
|
20,809
|
21,064
|
22,825
|
23,560
|
25,268
|
26,003
|
26,738
|
27,473
|
28,473
|
|
4
|
20,689
|
21,326
|
21,582
|
23,526
|
24,261
|
25,969
|
26,704
|
27,439
|
28,174
|
29,174
|
|
5
|
20,970
|
21,608
|
21,863
|
23,991
|
24,726
|
26,434
|
27,169
|
27,904
|
28,639
|
29,639
|
|
6
|
21,252
|
21,889
|
22,144
|
24,456
|
25,191
|
26,899
|
27,634
|
28,369
|
29,104
|
30,104
|
|
7
|
21,252
|
22,170
|
22,426
|
24,921
|
25,656
|
27,364
|
28,099
|
28,834
|
29,569
|
30,569
|
|
8
|
21,252
|
22,452
|
22,707
|
25,386
|
26,121
|
27,829
|
28,564
|
29,299
|
30,034
|
31,034
|
|
9
|
21,252
|
|
22,988
|
25,851
|
26,586
|
28,294
|
29,029
|
29,764
|
30,499
|
31,499
|
|
10
|
21,252
|
|
23,269
|
26,317
|
27,052
|
28,760
|
29,495
|
30,230
|
30,965
|
31,965
|
|
11
|
21,252
|
|
|
26,782
|
27,517
|
29,225
|
29,960
|
30,695
|
31,430
|
32,430
|
|
12
|
21,252
|
|
|
27,247
|
27,982
|
29,690
|
30,425
|
31,160
|
31,895
|
32,895
|
|
13
|
21,252
|
|
|
27,712
|
28,447
|
30,155
|
30,890
|
31,625
|
32,360
|
33,360
|
|
14
|
21,252
|
|
|
|
|
30,620
|
31,355
|
32,090
|
32,825
|
33,825
|
15
|
21,252
|
|
|
|
|
31,085
|
31,820
|
32,555
|
33,290
|
34,290
|
16
|
21,252
|
|
|
|
|
31,550
|
32,285
|
33,020
|
33,755
|
34,755
|
17
|
21,252
|
|
|
|
|
|
|
33,485
|
34,220
|
35,220
|
18
|
21,252
|
|
|
|
|
|
|
33,950
|
34,685
|
35,685
|
19
|
21,252
|
|
|
|
|
|
|
34,415
|
35,150
|
36,150
|
If "state minimum salary schedule II" becomes effective on the
first day of July, one thousand nine hundred ninety-nine, and the
governor recommends a pay raise through the delivery of an executive
message to the Legislature and the Legislature appropriates money for
a pay raise, each teacher shall receive, effective the first day of
July, two thousand, and thereafter, the amount prescribed in "state
minimum salary schedule III" as set forth 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 I
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd A.B. M.A. M.A. M.A. Doc-
Exp.Class Class Class A.B. +15 M.A. +15 +30 +45 trate
|
0
|
20,084
|
20,721
|
20,976
|
22,186
|
22,921
|
24,629
|
25,364
|
26,099
|
26,834
|
27,834
|
|
1
|
20,365
|
21,002
|
21,257
|
22,651
|
23,386
|
25,094
|
25,829
|
26,564
|
27,299
|
28,299
|
|
2
|
20,646
|
21,284
|
21,539
|
23,116
|
23,851
|
25,559
|
26,294
|
27,029
|
27,764
|
28,764
|
|
3
|
20,928
|
21,565
|
21,820
|
23,581
|
24,316
|
26,024
|
26,759
|
27,494
|
28,229
|
29,229
|
|
4
|
21,445
|
22,082
|
22,338
|
24,282
|
25,017
|
26,725
|
27,460
|
28,195
|
28,930
|
29,930
|
|
5
|
21,726
|
22,364
|
22,619
|
24,747
|
25,482
|
27,190
|
27,925
|
28,660
|
29,395
|
30,395
|
|
6
|
22,008
|
22,645
|
22,900
|
25,212
|
25,947
|
27,655
|
28,390
|
29,125
|
29,860
|
30,860
|
|
7
|
22,008
|
22,926
|
23,182
|
25,677
|
26,412
|
28,120
|
28,855
|
29,590
|
30,325
|
31,325
|
|
8
|
22,008
|
23,208
|
23,463
|
26,142
|
26,877
|
28,585
|
29,320
|
30,055
|
30,790
|
31,790
|
|
9
|
22,008
|
|
23,744
|
26,607
|
27,342
|
29,050
|
29,785
|
30,520
|
31,255
|
32,255
|
|
10
|
22,008
|
|
24,025
|
27,073
|
27,808
|
29,516
|
30,251
|
30,986
|
31,721
|
32,721
|
|
11
|
22,008
|
|
|
27,538
|
28,273
|
29,981
|
30,716
|
31,451
|
32,186
|
33,186
|
|
12
|
22,008
|
|
|
28,003
|
28,738
|
30,446
|
31,181
|
31,916
|
32,651
|
33,651
|
|
13
|
22,008
|
|
|
28,468
|
29,203
|
30,911
|
31,646
|
32,381
|
33,116
|
34,116
|
|
14
|
22,008
|
|
|
|
|
31,376
|
32,111
|
32,846
|
33,581
|
34,581
|
|
15
|
22,008
|
|
|
|
|
31,841
|
32,576
|
33,311
|
34,046
|
35,046
|
|
16
|
22,008
|
|
|
|
|
32,306
|
33,041
|
33,776
|
34,511
|
35,511
|
|
17
|
22,008
|
|
|
|
|
|
|
34,241
|
34,976
|
35,976
|
|
18
|
22,008
|
|
|
|
|
|
|
34,706
|
35,441
|
36,441
|
|
19
|
22,008
|
|
|
|
|
|
|
35,171
|
35,906
|
36,906
|
STATE MINIMUM SALARY SCHEDULE II
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd A.B. M.A. M.A. M.A. Doc-
Exp. Class Class Class A.B. +15 M.A. +15 +30 +45 trate
|
0
|
21,084
|
21,721
|
21,976
|
23,186
|
23,921
|
25,629
|
26,364
|
27,099
|
27,834
|
28,834
|
|
1
|
21,365
|
22,002
|
22,257
|
23,651
|
24,386
|
26,094
|
26,829
|
27,564
|
28,299
|
29,299
|
|
2
|
21,646
|
22,284
|
22,539
|
24,116
|
24,851
|
26,559
|
27,294
|
28,029
|
28,764
|
29,764
|
|
3
|
21,928
|
22,565
|
22,820
|
24,581
|
25,316
|
27,024
|
27,759
|
28,494
|
29,229
|
30,229
|
|
4
|
22,445
|
23,082
|
23,338
|
25,282
|
26,017
|
27,725
|
28,460
|
29,195
|
29,930
|
30,930
|
|
5
|
22,726
|
23,364
|
23,619
|
25,747
|
26,482
|
28,190
|
28,925
|
29,660
|
30,395
|
31,395
|
|
6
|
23,008
|
23,645
|
23,900
|
26,212
|
26,947
|
28,655
|
29,390
|
30,125
|
30,860
|
31,860
|
|
7
|
22,008
|
23,926
|
24,182
|
26,677
|
27,412
|
29,120
|
29,855
|
30,590
|
31,325
|
32,325
|
|
8
|
22,008
|
24,208
|
24,463
|
27,142
|
27,877
|
29,585
|
30,320
|
31,055
|
31,790
|
32,790
|
|
9
|
22,008
|
|
24,744
|
27,607
|
28,342
|
30,050
|
30,785
|
31,520
|
32,255
|
33,255
|
|
10
|
22,008
|
|
25,025
|
28,073
|
28,808
|
30,516
|
31,251
|
31,986
|
32,721
|
33,721
|
|
11
|
22,008
|
|
|
28,538
|
29,273
|
30,981
|
31,716
|
32,451
|
33,186
|
34,186
|
|
12
|
22,008
|
|
|
29,003
|
29,738
|
31,446
|
32,181
|
32,916
|
33,651
|
34,651
|
|
13
|
22,008
|
|
|
29,468
|
30,203
|
31,911
|
32,646
|
33,381
|
34,116
|
35,116
|
|
14
|
22,008
|
|
|
|
|
32,376
|
33,111
|
33,846
|
34,581
|
35,581
|
|
15
|
22,008
|
|
|
|
|
32,841
|
33,576
|
34,311
|
35,046
|
36,046
|
|
16
|
22,008
|
|
|
|
|
33,306
|
34,041
|
34,776
|
35,511
|
36,511
|
|
17
|
22,008
|
|
|
|
|
|
|
35,241
|
35,976
|
36,976
|
|
18
|
22,008
|
|
|
|
|
|
|
35,706
|
36,441
|
37,441
|
|
19
|
22,008
|
|
|
|
|
|
|
36,171
|
36,906
|
37,906
|
(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
applicable 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-4-2a. State minimum salary bonus for classroom teachers with
national board certification.
(a) The Legislature hereby finds and declares that the rigorous
standards and processes for certification by the national board for
professional teaching standards (NBPTS) helps to promote the quality of
teaching and learning. Therefore, classroom teachers in the public
schools of West Virginia should be encouraged to achieve national board
certification through a reimbursement of expenses and an additional
salary bonus which reflects their additional certification, to be paid
in accordance with the provisions of this section.
(b)
Beginning on the first day of July, one thousand nine hundred ninety-eight, and subject to legislative appropriation, one thousand Two
thousand five hundred dollars shall be paid annually
at the conclusion
of the first semester to each classroom teacher who holds a valid
certificate issued by the national board of professional teaching
standards for the life of the certification, but in no event more than
ten years for any one certification.
(c) The payments: (i) Shall be in addition to any amounts
prescribed in the applicable 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.
(c) (d) Subject to legislative appropriation One-half the
certification fee one thousand dollars shall be paid for reimbursement
once to each teacher who enrolls in the program for the national board
for professional teaching standards certification and
one-half the
certification fee one thousand dollars shall be paid for reimbursement
once to each teacher who completes the national board for professional
teaching standards certification. Teachers who achieve national board
for professional teaching standards certification may be reimbursed a
maximum of six hundred dollars for expenses actually incurred while
obtaining the national board for professional teaching standards
certification.
(d) (e) The state board shall limit the number of teachers who
receive the initial reimbursements
of the certification fees set forth in subsection (d) to
one two hundred teachers annually. The state board
shall establish selection criteria for the
one two hundred teachers by
the legislative rule required pursuant to subsection (g) of this
section.
(e) (f) Subject to the provisions of subsection (e) of this
section, funding for
reimbursement of the
certification fee and expenses
actually incurred while obtaining the national board for professional
teaching standards certifications shall be administered by the state
department of education from an appropriation established for that
purpose by the Legislature. If funds appropriated by the Legislature
to accomplish the purposes of this
section subsection are insufficient,
the state department shall prorate the reimbursements for expenses
and
salary bonuses and shall request of the Legislature, at its next regular
session, funds sufficient to accomplish the purposes of this
section
subsection, including needed retroactive payments.
(f) Nothing is this section shall be construed to require any level
of appropriation by the Legislature nor to create any entitlement for
payments pursuant to the provisions of this section.
(g) (g) The state board shall promulgate legislative rules pursuant
to article three-b, chapter twenty-nine-a of this code to implement the
provisions of this section.
§18A-4-2b. Principal salary adjustment.
The state minimum salary for teachers, as set forth in section two of this article, shall be adjusted for principals. This adjustment
shall be determined by establishing a daily rate of pay based on the
appropriate schedule in section two of this article and a ten month
employment term. Each principal shall receive that daily rate of pay
for each day of the eleven month employment term set forth in section
fifteen, article five, chapter eighteen of this code.
§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, as adjusted for the additional month of salary pursuant to section two-b, of 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
and except that
the additional salary for principals set forth in section two-b of this
article shall not be included in the calculation of the assistant
principal's salary increment.
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-4-7a. Employment, promotion and transfer of professional
personnel; seniority.
(a) A county board of education shall make decisions affecting the
hiring of professional personnel other than classroom teachers on the
basis of the applicant with the highest qualifications.
(b) Further, the The county board shall make decisions affecting
the hiring of new classroom teachers on the basis of the applicant with
the highest qualifications.
(c) In judging qualifications for hiring new employees pursuant to
subsections (a) and (b) of this section, consideration shall be given
to each of the following:
(1) Appropriate certification and/or licensure;
(2) amount Amount of experience relevant to the position; or, in
the case of a classroom teaching position, the amount of teaching
experience in the subject area;
(3) the The amount of course work and/or degree level in the
relevant field and degree level generally;
(4) academic Academic achievement;
(5) relevant Relevant specialized training;
(6) past Past performance evaluations conducted pursuant to section
twelve, article two of this chapter; and
(7) other Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional personnel
apply for a classroom teaching position and meet the standards set forth in the job posting, the county board of education shall make decisions
affecting the filling of such positions on the basis of the following
criteria:
(1) Appropriate certification and/or licensure;
(2) total Total amount of teaching experience;
(3) the The existence of teaching experience in the required
certification area;
(4) degree Degree level in the required certification area;
(5) specialized Specialized training directly related to the
performance of the job as stated in the job description;
(6) receiving Receiving an overall rating of satisfactory in
evaluations over the previous two years;
(7) seniority Seniority;
(8) Consideration shall be given to each criterion with each
criterion being given equal weight; and
(9) If the applicant with the most seniority is not selected for
the position, upon the request of the applicant a written statement of
reasons shall be given to the applicant with suggestions for improving
the applicant's qualifications.
(e) The seniority of classroom teachers, as defined in section one,
article one of this chapter, with the exception of guidance counselors,
shall be determined on the basis of the length of time the employee has
been employed as a regular full-time certified and/or licensed professional educator by the county board of education and shall be
granted in all areas that the employee is certified and/or licensed.
(f) Upon completion of one hundred thirty-three days of employment
in any one school year, substitute teachers shall accrue seniority
exclusively for the purpose of applying for employment as a permanent,
full-time professional employee. One hundred thirty-three days or more
of said employment shall be prorated and shall vest as a fraction of the
school year worked by the permanent, full-time teacher.
(g) Guidance counselors and all other professional employees, as
defined in section one, article one of this chapter, except classroom
teachers, shall gain seniority in their nonteaching area of professional
employment on the basis of the length of time the employee has been
employed by the county board of education in that area: Provided, That
if an employee is certified as a classroom teacher, the employee accrues
classroom teaching seniority for the time that that employee is employed
in another professional area. For the purposes of accruing seniority
under this paragraph, employment as principal, supervisor or central
office administrator, as defined in section one, article one of this
chapter, shall be considered one area of employment.
(h) Employment for a full employment term shall equal one year of
seniority, but no employee may accrue more than one year of seniority
during any given fiscal year. Employment for less than the full
employment term shall be prorated. A random selection system established by the employees and approved by the board shall be used to
determine the priority if two or more employees accumulate identical
seniority: Provided, That when two or more principals have accumulated
identical seniority, decisions on reductions in force shall be based on
qualifications.
(i) Whenever a county board is required to reduce the number of
professional personnel in its employment, the employee with the least
amount of seniority shall be properly notified and released from
employment pursuant to the provisions of section two, article two of
this chapter. The provisions of this subsection are subject to the
following:
(1) Provided, That all All persons employed in a certification area
to be reduced who are employed under a temporary permit shall be
properly notified and released before a fully certified employee in such
a position is subject to release;
(2) Provided, however, That an An employee subject to release shall
be employed in any other professional position where such employee is
certified and was previously employed or to any lateral area for which
such employee is certified and/or licensed, if such employee's seniority
is greater than the seniority of any other employee in that area of
certification and/or licensure; and
(3) Provided further, That if If an employee subject to release
holds certification and/or licensure in more than one lateral area and if such employee's seniority is greater than the seniority of any other
employee in one or more of those areas of certification and/or
licensure, the employee subject to release shall be employed in the
professional position held by the employee with the least seniority in
any of those areas of certification and/or licensure.
(j) For the purpose of this article, all positions which meet the
definition of classroom teacher as defined in section one, article one
of this chapter, shall be lateral positions. For all other professional
positions the county board of education shall adopt a policy by the
thirty-first day of October, one thousand nine hundred ninety-three, and
may modify said policy thereafter as necessary, which defines which
positions shall be lateral positions. The board shall submit a copy of
its policy to the state board within thirty days of adoption or any
modification, and the state board shall compile a report and submit same
to the legislative oversight commission on education accountability by
the thirty-first day of December, one thousand nine hundred
ninety-three, and by such date in any succeeding year in which any
county board submits a modification of its policy relating to lateral
positions. In adopting such a policy, the board shall give
consideration to the rank of each position in terms of title, nature of
responsibilities, salary level, certification and/or licensure, and days
in the period of employment.
(k) After the fifth day prior to the beginning of the instructional term, or after the first day of the second half of the instructional
term, no person employed and assigned to a professional position may
transfer to another professional position in the county during that half
of the instructional term. The provisions of this subsection are
subject to the following:
(1) Provided, That such The person may apply for any posted, vacant
positions with the successful applicant assuming the position at the
beginning of the next half of the instructional term;
(2) Provided, however, That professional Professional personnel who
have been on an approved leave of absence may fill these vacancies prior
to the next semester; and
(3) The superintendent may fill a position before the next
instructional term when it is determined to be in the best interest of
the students.
(l) All professional personnel 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. As to any professional position opening within the area where
they had previously been employed or to any lateral area for which they
have certification and/or licensure, such the employee shall be recalled
on the basis of seniority if no regular, full-time professional
personnel, or those returning from leaves of absence with greater
seniority, are qualified, apply for and accept such position.
(m) Before position openings that are known or expected to extend
for twenty consecutive employment days or longer for professional
personnel may be filled by the board, the board shall be required to
notify all qualified professional personnel on the preferred list and
give them an opportunity to apply, but failure to apply shall not cause
such the employee to forfeit any right to recall. The notice shall be
sent by certified mail to the last known address of the employee, and
it shall be the duty of each professional personnel to notify the board
of continued availability annually, of any change in address or of any
change in certification and/or licensure.
(n) Openings in established, existing or newly created positions
shall be processed as follows:
(1) Boards shall be required to post and date notices of all
openings in established, existing or newly created positions which shall
be subject to the following:
(A) The notices shall be posted in conspicuous working places for
all professional personnel to observe for at least five working days;
(B) The notice shall be posted within twenty working days of such
the position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and
directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall be written so as to insure that the largest possible pool of qualified
applicants may apply; and
(E) Job postings may not require criteria which are not necessary
for the successful performance of the job and may not be written with
the intent to favor a specific applicant;
(2) No vacancy shall be filled until after the five-day minimum
posting period;
(3) If one or more applicants meets the qualifications listed in
the job posting, the successful applicant to fill the vacancy shall be
selected by the board within thirty working days of the end of the
posting period;
(4) Provided, That a A position held by a certified and/or licensed
teacher who has been issued a permit for full-time employment and is
working toward certification in the permit area shall not be subject to
posting if the certificate is awarded within five years; and
(5) Nothing provided herein shall prevent the county board of
education from eliminating a position due to lack of need.
(o) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in an
elementary school does not increase from one school year to the next,
but there exists in that school a need to realign the number of teachers
in one or more grade levels, kindergarten through six, teachers at the
school may be reassigned to grade levels for which they are certified without that position being posted: Provided, That the employee and the
county board of education mutually agree to the reassignment.
(p) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in an
elementary school needs to be reduced, such the reduction shall be made
on the basis of seniority with the least senior classroom teacher being
recommended for transfer; and
(2) Provided, That a When a specified grade level needs to be
reduced and the least senior employee in the school is not in that grade
level, the least senior classroom teacher in the grade level that needs
to be reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school without
that position being posted: Provided, however, That the employee is
certified and/or licensed and agrees to the reassignment.
(q) Any board failing to comply with the provisions of this article
may be compelled to do so by mandamus and shall be liable to any party
prevailing against the board for court costs and reasonable attorney
fees 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 retroactive to the date
of the violation and payable entirely from local funds. Further, the
board shall be liable to any party prevailing against the board for any court reporter costs including copies of transcripts.
§18A-4-8a. Service personnel minimum monthly salaries.
(1) The minimum monthly pay for each service employee whose
employment is for a period of more than three and one-half hours a day
shall be at least the amounts indicated in the "state minimum pay scale
pay grade I" and the minimum monthly pay for each service employee whose
employment is for a period of three and one-half hours or less a day
shall be at least one-half the amount indicated in the "state minimum
pay scale pay grade I" set forth in this section: Provided, That
beginning the first day of the second half of the employment term in the
school year two thousand one-two thousand two the minimum monthly pay
for each service employee whose employment is for a period of more than
three and one-half hours a day shall be at least the amounts indicated
in the "state minimum pay scale pay grade II" and the minimum monthly
pay for each service employee whose employment is for a period of three
and one-half hours or less a day shall be at least one-half the amount
indicated in the "state minimum pay scale pay grade II" set forth in
this section.
STATE MINIMUM PAY SCALE PAY GRADE I
AB CD EF G H
0 1,1001,1201,160 1,210 1,260 1,320 1,3501,420
1 1,1271,1471,187 1,237 1,287 1,347 1,377 1,447
2 1,1541,1741,214 1,264 1,314 1,374 1,404 1,474
3 1,1811,2011,241 1,291 1,341 1,401 1,431 1,501
4 1,2081,2281,268 1,318 1,368 1,428 1,458 1,528
5 1,2351,2551,295 1,345 1,395 1,455 1,485 1,555
6 1,2621,2821,322 1,372 1,422 1,482 1,512 1,582
7 1,2891,3091,349 1,399 1,449 1,509 1,539 1,609
8 1,3161,3361,376 1,426 1,476 1,536 1,566 1,636
9 1,3431,3631,403 1,453 1,503 1,563 1,593 1,663
10 1,3701,3901,430 1,480 1,530 1,590 1,620 1,690
11 1,3971,4171,457 1,507 1,557 1,617 1,647 1,717
12 1,4241,4441,484 1,534 1,584 1,644 1,674 1,744
13 1,4511,4711,511 1,561 1,611 1,671 1,701 1,771
14 1,4781,4981,538 1,588 1,638 1,698 1,728 1,798
15 1,5051,5251,565 1,615 1,665 1,725 1,755 1,825
16 1,5321,5521,592 1,642 1,692 1,752 1,782 1,852
17 1,5591,5791,619 1,669 1,719 1,779 1,809 1,879
18 1,5861,6061,646 1,696 1,746 1,806 1,836 1,906
19 1,6131,6331,673 1,723 1,773 1,833 1,863 1,933
20 1,6401,6601,700 1,750 1,800 1,860 1,890 1,960
21 1,6671,6871,727 1,777 1,827 1,887 1,917 1,987
22 1,6941,7141,754 1,804 1,854 1,914 1,944 2,014
23 1,7211,7411,781 1,831 1,881 1,941 1,971 2,041
24 1,7481,7681,808 1,858 1,908 1,968 1,998 2,068
25 1,7751,7951,835 1,885 1,935 1,995 2,025 2,095
26 1,8021,8221,862 1,912 1,962 2,022 2,052 2,122
27 1,8291,8491,889 1,939 1,989 2,049 2,079 2,149
28 1,8561,8761,916 1,966 2,016 2,076 2,106 2,176
29 1,8831,9031,943 1,993 2,043 2,103 2,133 2,203
30 1,9101,9301,970 2,020 2,070 2,130 2,160 2,230
31 1,9371,9571,997 2,047 2,097 2,157 2,187 2,257
32 1,9641,9842,024 2,074 2,124 2,184 2,214 2,284
33 1,9912,0112,051 2,101 2,151 2,211 2,241 2,311
34 2,0182,0382,078 2,128 2,178 2,238 2,268 2,338
35 2,0452,0652,105 2,155 2,205 2,265 2,295 2,365
36 2,0722,0922,132 2,182 2,232 2,292 2,322 2,392
Subject to a recommendation by the governor for a pay raise through
the delivery of an executive message to the Legislature and an
appropriation by the Legislature for a pay raise, effective the first
day of July, one thousand nine hundred ninety-nine and thereafter, the
minimum monthly pay for each service employee whose employment is for
a period of more than three and one-half hours a day shall be at least
the amounts indicated in the "state minimum pay scale pay grade II" and
the minimum monthly pay for each service employee whose employment is
for a period of three and one-half hours or less a day shall be at least
one-half the amount indicated in the "state minimum pay scale pay grade
II" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
Employment
Pay Grade
A B C D E F G H
0 1,160 1,180 1,220 1,270 1,320 1,3801,4101,480
1 1,188 1,208 1,248 1,298 1,348 1,4081,438 1,508
2 1,216 1,236 1,276 1,326 1,376 1,4361,466 1,536
3 1,244 1,264 1,304 1,354 1,404 1,4641,494 1,564
4 1,272 1,292 1,332 1,382 1,432 1,4921,522 1,592
5 1,300 1,320 1,360 1,410 1,460 1,5201,550 1,620
6 1,328 1,348 1,388 1,438 1,488 1,5481,578 1,648
7 1,356 1,376 1,416 1,466 1,516 1,5761,606 1,676
8 1,384 1,404 1,444 1,494 1,544 1,6041,634 1,704
9 1,412 1,432 1,472 1,522 1,572 1,6321,662 1,732
10 1,440 1,460 1,500 1,550 1,600 1,6601,690 1,760
11 1,468 1,488 1,528 1,578 1,628 1,6881,718 1,788
12 1,496 1,516 1,556 1,606 1,656 1,7161,746 1,816
13 1,524 1,544 1,584 1,634 1,684 1,7441,774 1,844
14 1,552 1,572 1,612 1,662 1,712 1,7721,802 1,872
15 1,580 1,600 1,640 1,690 1,740 1,8001,830 1,900
16 1,608 1,628 1,668 1,718 1,768 1,8281,858 1,928
17 1,636 1,656 1,696 1,746 1,796 1,8561,886 1,956
18 1,664 1,684 1,724 1,774 1,824 1,8841,914 1,984
19 1,692 1,712 1,752 1,802 1,852 1,9121,942 2,012
20 1,720 1,740 1,780 1,830 1,880 1,9401,970 2,040
21 1,748 1,768 1,808 1,858 1,908 1,9681,998 2,068
22 1,776 1,796 1,836 1,886 1,936 1,9962,026 2,096
23 1,804 1,824 1,864 1,914 1,964 2,0242,054 2,124
24 1,832 1,852 1,892 1,942 1,992 2,0522,082 2,152
25 1,860 1,880 1,920 1,970 2,020 2,0802,110 2,180
26 1,888 1,908 1,948 1,998 2,048 2,1082,138 2,208
27 1,916 1,936 1,976 2,026 2,076 2,1362,166 2,236
28 1,944 1,964 2,004 2,054 2,104 2,1642,194 2,264
29 1,972 1,992 2,032 2,082 2,132 2,1922,222 2,292
30 2,000 2,020 2,060 2,110 2,160 2,2202,250 2,320
31 2,028 2,048 2,088 2,138 2,188 2,2482,278 2,348
32 2,056 2,076 2,116 2,166 2,216 2,2762,306 2,376
33 2,084 2,104 2,144 2,194 2,244 2,3042,334 2,404
34 2,112 2,132 2,172 2,222 2,272 2,3322,362 2,432
35 2,140 2,160 2,200 2,250 2,300 2,3602,390 2,460
36 2,168 2,188 2,228 2,278 2,328 2,3882,418 2,488
If "state minimum pay scale pay grade II" becomes effective on the
first day of July, one thousand nine hundred ninety-nine, and the
governor recommends a pay raise through the delivery of an executive
message to the Legislature and the Legislature appropriates money for
a pay raise, the minimum monthly pay for each service employee whose
employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale
pay grade III" and the minimum monthly pay for each service employee
whose employment is for a period of three and one-half hours or less a
day shall be at least one-half the amount indicated in the "state
minimum pay scale pay grade III" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE III I
Years of
EmploymentPay Grade
A B C DE F G H
0
1,220
1,240 1,280 1,330 1,380 1,4401,4701,540
1
1,249
1,269
1,309
1,359
1,409
1,469
1,499
1,569
2
1,278
1,298
1,338
1,388
1,438
1,498
1,528
1,598
3
1,307
1,327
1,367
1,417
1,467
1,527
1,557
1,627
4
1,336
1,356
1,396
1,446
1,496
1,556
1,586
1,656
5
1,365
1,385
1,425
1,475
1,525
1,585
1,615
1,685
6
1,394
1,414
1,454
1,504
1,554
1,614
1,644
1,714
7
1,423
1,443
1,483
1,533
1,583
1,643
1,673
1,743
8
1,452
1,472
1,512
1,562
1,612
1,672
1,702
1,772
9
1,481
1,501
1,541
1,591
1,641
1,701
1,731
1,801
10
1,510
1,530
1,570
1,620
1,670
1,730
1,760
1,830
11
1,539
1,559
1,599
1,649
1,699
1,759
1,789
1,859
12
1,568
1,588
1,628
1,678
1,728
1,788
1,818
1,888
13
1,597
1,617
1,657
1,707
1,757
1,817
1,847
1,917
14
1,626
1,646
1,686
1,736
1,786
1,846
1,876
1,946
15
1,655
1,675
1,715
1,765
1,815
1,875
1,905
1,975
16
1,684
1,704
1,744
1,794
1,844
1,904
1,934
2,004
17
1,713
1,733
1,773
1,823
1,873
1,933
1,963
2,033
18
1,742
1,762
1,802
1,852
1,902
1,962
1,992
2,062
19
1,771
1,791
1,831
1,881
1,931
1,991
2,021
2,091
20
1,800
1,820
1,860
1,910
1,960
2,020
2,050
2,120
21
1,829
1,849
1,889
1,939
1,989
2,049
2,079
2,149
22
1,858
1,878
1,918
1,968
2,018
2,078
2,108
2,178
23
1,887
1,907
1,947
1,997
2,047
2,107
2,137
2,207
24
1,916
1,936
1,976
2,026
2,076
2,136
2,166
2,236
25
1,945
1,965
2,005
2,055
2,105
2,165
2,195
2,265
26
1,974
1,994
2,034
2,084
2,134
2,194
2,224
2,294
27
2,003
2,023
2,063
2,113
2,163
2,223
2,253
2,323
28
2,032
2,052
2,092
2,142
2,192
2,252
2,282
2,352
29
2,061
2,081
2,121
2,171
2,221
2,281
2,311
2,381
30
2,090
2,110
2,150
2,200
2,250
2,310
2,340
2,410
31
2,119
2,139
2,179
2,229
2,279
2,339
2,369
2,439
32
2,148
2,168
2,208
2,258
2,308
2,368
2,398
2,468
33
2,177
2,197
2,237
2,287
2,337
2,397
2,427
2,497
34
2,206
2,226
2,266
2,316
2,366
2,426
2,456
2,526
35
2,235
2,255
2,295
2,345
2,395
2,455
2,485
2,555
36
2,264
2,284
2,324
2,374
2,424
2,484
2,514
2,584
37
2,293
2,313
2,353
2,403
2,453
2,513
2,543
2,613
38
2,322
2,342
2,382
2,432
2,482
2,542
2,572
2,642
39
2,351
2,371
2,411
2,461
2,511
2,571
2,601
2,671
40
2,380
2,400
2,440
2,490
2,540
2,600
2,630
2,700
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
Employment
Pay Grade
|
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
|
|
|
|
|
|
|
|
|
|
0
|
1,295
|
1,315
|
1,355
|
1,405
|
1,455
|
1,515
|
1,545
|
1,615
|
|
1
|
1,325
|
1,345
|
1,385
|
1,435
|
1,485
|
1,545
|
1,575
|
1,645
|
|
2
|
1,355
|
1,375
|
1,415
|
1,465
|
1,515
|
1,575
|
1,605
|
1,675
|
|
3
|
1,385
|
1,405
|
1,445
|
1,495
|
1,545
|
1,605
|
1,635
|
1,705
|
|
4
|
1,415
|
1,435
|
1,475
|
1,525
|
1,575
|
1,635
|
1,665
|
1,735
|
|
5
|
1,445
|
1,465
|
1,505
|
1,555
|
1,605
|
1,665
|
1,695
|
1,765
|
|
6
|
1,475
|
1,495
|
1,535
|
1,585
|
1,635
|
1,695
|
1,725
|
1,795
|
|
7
|
1,505
|
1,525
|
1,565
|
1,615
|
1,665
|
1,725
|
1,755
|
1,825
|
|
8
|
1,535
|
1,555
|
1,595
|
1,645
|
1,695
|
1,755
|
1,785
|
1,855
|
|
9
|
1,565
|
1,585
|
1,625
|
1,675
|
1,725
|
1,785
|
1,815
|
1,885
|
|
10
|
1,595
|
1,615
|
1,655
|
1,705
|
1,755
|
1,815
|
1,845
|
1,915
|
|
11
|
1,625
|
1,645
|
1,685
|
1,735
|
1,785
|
1,845
|
1,875
|
1,945
|
|
12
|
1,655
|
1,675
|
1,715
|
1,765
|
1,815
|
1,875
|
1,905
|
1,975
|
|
13
|
1,685
|
1,705
|
1,745
|
1,795
|
1,845
|
1,905
|
1,935
|
2,005
|
|
14
|
1,715
|
1,735
|
1,775
|
1,825
|
1,875
|
1,935
|
1,965
|
2,035
|
|
15
|
1,745
|
1,765
|
1,805
|
1,855
|
1,905
|
1,965
|
1,995
|
2,065
|
|
16
|
1,775
|
1,795
|
1,835
|
1,885
|
1,935
|
1,995
|
2,025
|
2,095
|
|
17
|
1,805
|
1,825
|
1,865
|
1,915
|
1,965
|
2,025
|
2,055
|
2,125
|
|
18
|
1,835
|
1,855
|
1,895
|
1,945
|
1,995
|
2,055
|
2,085
|
2,155
|
|
19
|
1,865
|
1,885
|
1,925
|
1,975
|
2,025
|
2,085
|
2,115
|
2,185
|
|
20
|
1,895
|
1,915
|
1,955
|
2,005
|
2,055
|
2,115
|
2,145
|
2,215
|
|
21
|
1,925
|
1,945
|
1,985
|
2,035
|
2,085
|
2,145
|
2,175
|
2,245
|
|
22
|
1,955
|
1,975
|
2,015
|
2,065
|
2,115
|
2,175
|
2,205
|
2,275
|
|
23
|
1,985
|
2,005
|
2,045
|
2,095
|
2,145
|
2,205
|
2,235
|
2,305
|
|
24
|
2,015
|
2,035
|
2,075
|
2,125
|
2,175
|
2,235
|
2,265
|
2,335
|
|
25
|
2,045
|
2,065
|
2,105
|
2,155
|
2,205
|
2,265
|
2,295
|
2,365
|
|
26
|
2,075
|
2,095
|
2,135
|
2,185
|
2,235
|
2,295
|
2,325
|
2,395
|
|
27
|
2,105
|
2,125
|
2,165
|
2,215
|
2,265
|
2,325
|
2,355
|
2,425
|
|
28
|
2,135
|
2,155
|
2,195
|
2,245
|
2,295
|
2,355
|
2,385
|
2,455
|
|
29
|
2,165
|
2,185
|
2,225
|
2,275
|
2,325
|
2,385
|
2,415
|
2,485
|
|
30
|
2,195
|
2,215
|
2,255
|
2,305
|
2,355
|
2,415
|
2,445
|
2,515
|
|
31
|
2,225
|
2,245
|
2,285
|
2,335
|
2,385
|
2,445
|
2,475
|
2,545
|
|
32
|
2,255
|
2,275
|
2,315
|
2,365
|
2,415
|
2,475
|
2,505
|
2,575
|
|
33
|
2,285
|
2,305
|
2,345
|
2,395
|
2,445
|
2,505
|
2,535
|
2,605
|
|
34
|
2,315
|
2,335
|
2,375
|
2,425
|
2,475
|
2,535
|
2,565
|
2,635
|
|
35
|
2,345
|
2,365
|
2,405
|
2,455
|
2,505
|
2,565
|
2,595
|
2,665
|
|
36
|
2,375
|
2,395
|
2,435
|
2,485
|
2,535
|
2,595
|
2,625
|
2,695
|
|
37
|
2,405
|
2,425
|
2,465
|
2,515
|
2,565
|
2,625
|
2,655
|
2,725
|
|
38
|
2,435
|
2,455
|
2,495
|
2,545
|
2,595
|
2,655
|
2,685
|
2,755
|
|
39
|
2,465
|
2,485
|
2,525
|
2,575
|
2,625
|
2,685
|
2,715
|
2,785
|
|
40
|
2,495
|
2,515
|
2,555
|
2,605
|
2,655
|
2,715
|
2,745
|
2,815
|
CLASS TITLE PAY GRADE
Accountant ID
Accountant IIE
Accountant IIIF
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
(2) An additional ten dollars per month shall be added to the
minimum monthly pay of each service employee who holds a high school
diploma or its equivalent.
(3) An additional ten dollars per month also shall be added to the
minimum monthly pay of each service employee for each of the following:
(A) A service employee who holds twelve college hours or comparable
credit obtained in a trade or vocational school as approved by the state
board;
(B) A service employee who holds twenty-four college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(C) A service employee who holds thirty-six college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(D) A service employee who holds forty-eight college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(E) A service employee who holds sixty college hours or comparable
credit obtained in a trade or vocational school as approved by the state
board; and
(F) A service employee who holds seventy-two college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(G) A service employee who holds eighty-four college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(H) A service employee who holds ninety-six college hours or
comparable credit obtained in a trade or vocational school as approved
by the state board;
(I) A service employee who holds one hundred eight college hours
or comparable credit obtained in a trade or vocational school as
approved by the state board; and
(J) A service employee who holds one hundred twenty 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 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) 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.
(b) Qualifications shall mean that the applicant holds a
classification title in his or her 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.
(c) The county board may not prohibit a service employee from
retaining or continuing his or her employment in any positions or jobs
held prior to the effective date of this section and thereafter.
(d) A promotion shall be defined as any change in his or her
employment that the employee deems considers to improve his or her
working circumstance within his or her 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.
(e) For purposes of determining seniority under this section an
employee's seniority begins on the date that he or she enters into his
or her assigned duties.
(f) 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.
(g) 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. Postings for vacancies shall
be written so as to insure that the largest possible pool of qualified
applicants may apply. Job postings may not require criteria which are
not necessary for the successful performance of the job and may not be
written with the intent to favor a specific applicant. 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.
(h) 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.
(i) 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.
(j) 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 subject to the
following:
(1) Provided, That if 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;
(2) An employee released from employment for lack of need as
provided in sections eight-a or six, article two of this chapter shall be accorded preferred recall status on July first of the succeeding
school year if the employee has not been reemployed as a regular
employee; and
(3) If, prior to the first day of August after a reduction in force
or transfer is approved, the reason for any particular reduction in
force or transfer no longer exists as determined by the county board in
its sole and exclusive judgment, the board shall rescind the reduction
in force or the transfer and shall notify the affected employee in
writing of his or her right to be restored to his or her former position
of employment. Within five days of being so notified, the affected
employee shall notify the board, in writing, of his or her intent to
return to his or her former position of employment or the right of
restoration to the former position shall terminate. Provided, That the
board shall not rescind the reduction in force of an employee until all
employees with more seniority in the classification category on the
preferred recall list have been offered the opportunity for recall to
regular employment as provided in this section. If there are
insufficient vacant positions to permit reemployment of all more senior
employees on the preferred recall list within the classification
category of the reduced in force employee, the position of the released
employee shall be posted and filled in accordance with provisions of
this section.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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-4-19. Alteration of contract.
(a) Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section of this
code to the contrary, any alteration of an employment contract of a
professional educator who is employed for more than two hundred days,
which alteration changes the number of days in the employment term,
shall not require termination of said employment contract as set forth
in section two, article two of this chapter, nor shall not it be deemed
a creation of a new position, nor shall such alteration require the
posting of the position.
Notwithstanding the provisions of section seven-a of this article
relating to professional personnel or any other section of this code to the contrary, any alteration of an employment contract of a professional
educator which reduces or eliminates the local salary supplement or the
benefits provided to such employee due to a 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 such reduction or elimination in accordance with section
five-a of this article, shall not require termination of said employment
contract as set forth in section two, article two of this chapter,
nor shall not it be deemed a creation of a new position, nor shall such
alteration require the posting of the position.
(b) Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section of
this code to the contrary, any alteration of an employment contract of
a service personnel employee who is employed for more than two hundred
days, which alteration changes the number of days in the employment
term, shall not require termination of said employment contract as set
forth in section six, article two of this chapter, nor shall not it be
deemed a creation of a new position, nor shall such alteration require
the posting of the position.
Notwithstanding the provisions of section eight-b of this article
relating to school service personnel or any other section of this code
to the contrary, any alteration of an employment contract of a service
personnel employee which reduces or eliminates the local salary supplement or the benefits provided to such employee due to a 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 such reduction or elimination in accordance
with section five-b of this article, shall not require termination of
said employment contract as set forth in section six, article two of
this chapter, nor shall not it be deemed a creation of a new position,
nor shall such alteration require the posting of the position.
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.
(b) 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) (c) 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) (d) 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.
(e) Notwithstanding any provision of this code to the contrary, no
aide may be transferred from one job position to another position within
a school or to a position in another school unless the aide is the
successful applicant of a posted position as provided in section eight-
b, article four, of this chapter and no aide may be transferred from a
job position unless the aide's classroom job is abolished. Should it
be necessary to reduce the number of aides in a school for the ensuing
school year by eliminating their positions, the affected aides shall be
notified of their being recommended for transfer and subsequent
assignment in compliance with the requirements of section seven, article
two, of this chapter. An aide shall not be required as a condition of
accepting a position to waive any right to which the employee is
entitled under section seven, article two of this chapter or section
eight-b, article four of this chapter nor shall any designation or title
applied to an aide position negate compliance with these provisions.
(d) (f) An aide may transfer to another position of employment one
time only during any one half of a school term, unless otherwise
mutually agreed upon by the aide and the county superintendent, or the
superintendent's designee, subject to board approval: Provided, That
during the first year of employment as an aide, an aide may not transfer
to another position of employment during the first one-half school term of employment, unless mutually agreed upon by the aide and county
superintendent, subject to board approval.
(e) (g) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall hold
a high school diploma or shall have received a general educational
development certificate and shall have the opportunity to receive
appropriate training pursuant to subsection (10), section thirteen,
article five, chapter eighteen of this code and section two, article
twenty of said chapter.
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