H. B. 2805
(By Delegates Riggs and Fealy)
[Introduced March 31, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections five-a and five-b, article
four, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
county salary supplements for teachers and school service
personnel.
Be it enacted by the Legislature of West Virginia:
That sections five-a and five-b, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-5a. County salary supplements for teachers.
County boards of education in fixing the salaries of
teachers shall use at least the state minimum salaries
established under the provisions of this article. The board may
establish salary schedules which shall be in excess of the state
minimums fixed by this article, such the county schedules to beuniform throughout the county as to the classification of
training, experience, responsibility and other requirements.
Counties may fix higher salaries for teachers placed in
special instructional assignments, for those assigned to or
employed for duties other than regular instructional duties, and
for teachers of one-teacher schools, and they may provide
additional compensation for any teacher assigned duties in
addition to the teacher's regular instructional duties wherein
such the instructional duties are not a part of the scheduled
hours of the regular school day. Uniformity also shall apply to
such the additional salary increments or compensation for all
persons performing like assignments and duties within the county:
Provided,
That in establishing such the local salary schedules,
no a county shall not reduce local funds allocated for salaries
in effect on the first day of January, one thousand nine hundred
ninety, 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 such reduction
In the event that a reduction in salary supplement must
occur as a result of the defeat of an excess levy, the state
will, beginning with the fiscal year next following the defeat of
the excess levy, assume payment of the salary supplement in an
amount equal to the supplement that was being paid through excess
levy funds, not to exceed the amount paid to achieve equity inthose counties not having excess levies.
Counties may provide, in a uniform manner, benefits for
teachers which require an appropriation from local funds
including, but not limited to, dental, optical, health and income
protection insurance, vacation time and retirement plans
excluding the state teachers retirement system. Nothing herein
shall prohibit the maintenance nor result in the reduction of any
benefits in effect on the first day of January, one thousand nine
hundred eighty-four, by any county board of education.
§18A-4-5b. County salary supplements for school service
personnel.
The county board of education may establish salary schedules
which shall be in excess of the state minimums fixed by this
article.
These county schedules shall be uniform throughout the
county with regard to any training classification, experience,
years of employment, responsibility, duties, pupil participation,
pupil enrollment, size of buildings, operation of equipment or
other requirements. Further, uniformity shall apply to all
salaries, rates of pay, benefits, increments or compensation for
all persons regularly employed and performing like assignments
and duties within the county:
Provided,
That in establishing
such the local salary schedules, no a county shall not reduce
local funds allocated for salaries in effect on the first day of
January, one thousand nine hundred ninety, and used in
supplementing the state minimum salaries as provided for in thisarticle. 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 such reduction
In the event that a reduction in salary supplement must
occur as a result of the defeat of an excess levy, the state
will, beginning with the fiscal year next following the defeat of
the excess levy, assume payment of the salary supplement in an
amount equal to the supplement that was being paid through excess
levy funds, not to exceed the amount paid to achieve equity in
those counties not having excess levies.
Counties may provide, in a uniform manner, benefits for
service personnel which require an appropriation from local funds
including, but not limited to, dental, optical, health and income
protection insurance, vacation time and retirement plans
excluding the state teachers retirement system. Nothing herein
shall prohibit the maintenance nor result in the reduction of any
benefits in effect on the first day of January, one thousand nine
hundred eighty-four, by any county board of education.
NOTE: The purpose of this bill is to maintain equity in
personnel salaries in the event of a failure of an excess levy.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.