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SB434 SUB1 Senate Bill 434 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 434

(By Senators Plymale, Unger, Foster, Jenkins and Stollings)

____________

[Originating in the Committee on Education;

reported February 11, 2011.]

____________

 

A BILL to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to public education service personnel; requiring county boards to bear the cost of certification renewal for personnel with the class title of educational sign language interpreter I or II under certain conditions; declaring that time devoted to the process of maintaining or acquiring certification that is a condition of employment constitutes continuing education; deleting certain defined class titles and including certain service personnel employed under certain deleted class titles under other existing class titles or new class titles; prohibiting employment for the first time of a service person as a food services supervisor after a certain date; allowing service personnel classified as a foreman to be assigned work within the classification; changing the class title graphic artist to graphic designer and expanding definition; changing the class title mail clerk to mail carrier; amending certain class title definitions; adding new class titles and assigning pay grades; amending pay grade for cafeteria manager; adding to the minimum monthly pay of a service person classified as cook or cafeteria manager for certain college hours in the area of child nutrition; and amending class titles that are to be considered as a single classification of employment.

Be it enacted by the Legislature of West Virginia:

    That §18A-2-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18A-4-8, §18A-4-8a and §18A-4-8b of said code be amended and reenacted, all to read as follows:

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-4. Commercial driver's license for school personnel; intrastate waiver for bus operators diagnosed with diabetes mellitus requiring insulin; reimbursement of electrician's commercial driver's license and educational sign language interpreter certification when required.

    (a) If a commercial driver's license is required as a condition of employment for any school employee or qualified applicant who becomes an employee by a county board, of education the cost shall be paid in full by the employer.

    It is unlawful for any county board of education to require any employee or applicant who becomes an employee of the board to pay the cost of acquiring a commercial driver's license as a condition of employment.

    (b) The Division of Motor Vehicles shall accept the West Virginia Department of Education physical and psychomotor test result forms in lieu of the Division of Motor Vehicles vision report form.

    (c) A school Bus Operator who is currently employed by a county board of education or who is otherwise subject to state board rules governing school Bus Operators and who is diagnosed with diabetes mellitus requiring insulin is not ineligible for employment as a school Bus Operator because of the diagnosis if the operator is issued a passenger endorsement for his or her commercial driver license through the intrastate waiver program pertaining to diabetes of the West Virginia Division of Motor Vehicles, subject to the following:

    (1) A copy of the information required to be submitted to the Division of Motor Vehicles for waiver application and proof of passenger endorsement under the waiver program is submitted to his or her employer; and

    (2) The operator remains in compliance with the stipulations of and grounds for eligibility for the intrastate waiver.

    (d) If a county board of education requires of any employee who is employed as an electrician any license renewal when the employee is exempt from renewing the license pursuant to section three, article three-b, chapter twenty-nine of this code, the cost of such the license renewal shall be paid in full by the county board. of education

    (e) If an employee who is employed as an Educational Sign Language Interpreter I or II is required to undertake any training or continuing education in order to renew or maintain certification as an Educational Sign Language Interpreter I or II, the cost of the certification renewal shall be paid in full by the county board.

    (f) Time devoted to the process of maintaining or acquiring certification, including instructional time, training and testing, that is a condition of employment for a service person shall constitute continuing education for meeting the annual continuing education requirements required by state board rule.

    (e) (g) Compliance with or failure to comply by a health care provider licensed and authorized pursuant to chapter thirty of this code, with the reporting requirements of the Division of Motor Vehicles regarding the provisions of subsection (c) of this section does not constitute negligence, nor may compliance or noncompliance with the requirements of this section be admissible as evidence of negligence in any civil or criminal action.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8. Employment term and class titles of service personnel; definitions.

    (a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be less than ten months. A month is defined as twenty employment days. The county board may contract with all or part of these service personnel for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.

    (b) Service personnel employed on a yearly or twelve-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable.

    (c) Service personnel employed in the same classification for more than the two hundred-day minimum employment term shall be paid for additional employment at a daily rate of not less than the daily rate paid for the two hundred-day minimum employment term.

    (d) A service person may not be required to report for work more than five days per week without his or her agreement, and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.

    (e) If a service person whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the service person shall be paid for at least one-half day of work for each day he or she reports for work. If the service person works more than three and one-half hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each day.

    (f) A custodian, aide, maintenance, office and school lunch service person required to work a daily work schedule that is interrupted shall be paid additional compensation in accordance with this subsection.

    (1) A maintenance person means a person who holds a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.

    (2) A service person’s schedule is considered to be interrupted if he or she does not work a continuous period in one day. Aides are not regarded as working an interrupted schedule when engaged exclusively in the duties of transporting students;

    (3) The additional compensation provided for in this subsection:

    (A) Is equal to at least one-eighth of a service person’s total salary as provided by the state minimum pay scale and any county pay supplement; and

    (B) Is payable entirely from county board funds.

    (g) When there is a change in classification or when a service person meets the requirements of an advanced classification, his or her salary shall be made to comply with the requirements of this article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person’s advanced classification and allowable years of employment.

    (h) A service person’s contract, as provided in section five, article two of this chapter, shall state the appropriate monthly salary the employee is to be paid, based on the class title as provided in this article and on any county salary schedule in excess of the minimum requirements of this article.

    (i) The column heads of the state minimum pay scale and class titles, set forth in section eight-a of this article, are defined as follows:

    (1) “Pay grade” means the monthly salary applicable to class titles of service personnel;

    (2) “Years of employment” means the number of years which an employee classified as a service person has been employed by a county board in any position prior to or subsequent to the effective date of this section and includes service in the Armed Forces of the United States, if the employee was employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment is limited to the number of years shown and allowed under the state minimum pay scale as set forth in section eight-a of this article;

    (3) “Class title” means the name of the position or job held by a service person;

    (4) “Accountant I” means a person employed to maintain payroll records and reports and perform one or more operations relating to a phase of the total payroll;

    (5) “Accountant II” means a person employed to maintain accounting records and to be responsible for the accounting process associated with billing, budgets, purchasing and related operations;

    (6) “Accountant III” means a person employed in the county board office to manage and supervise accounts payable, payroll procedures, or both;

    (7) “Accounts Payable Supervisor” means a person employed in the county board office who has primary responsibility for the accounts payable function and who either has completed twelve college hours of accounting courses from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;

    (8) “Aide I” means a person selected and trained for a teacher-aide classification such as monitor aide, clerical aide, classroom aide or general aide;

    (9) (8) “Aide II” means a service person referred to in the “Aide I” classification who has completed a training program approved by the state board, or who holds a high school diploma or has received a general educational development certificate. Only a person classified in an Aide II class title may be employed as an aide in any special education program selected and trained as a teacher-aide in such areas of responsibility as monitor aide, clerical aide, classroom aide or general aide, subject to the following:

    (A) Any employee holding the Aide I classification title on June 30, 2011, shall have that classification deleted from his or her contract of employment and replaced with the classification title of Aide II. This action does not require the employee to take the aide competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Aide I prior to July 1, 2011, shall continue to be credited as seniority earned in the aide classification category;

    (10) (9) “Aide III” means a service person referred to in the “Aide I” “Aide II” classification who holds a high school diploma or a general educational development certificate; and

    (A) Has completed six semester hours of college credit at an institution of higher education; or

    (B) Is employed as an aide in a special education program and has one year’s experience as an aide in special education;

    (11) (10) “Aide IV” means a service person referred to in the “Aide I” “Aide II” classification who holds a high school diploma or a general educational development certificate; and

    (A) Has completed eighteen hours of state board-approved college credit at a regionally accredited institution of higher education; or

    (B) Has completed fifteen hours of state board-approved college credit at a regionally accredited institution of higher education; and has successfully completed an in-service training program determined by the state board to be the equivalent of three hours of college credit;

    (12) “Audiovisual technician” means a person employed to perform minor maintenance on audiovisual equipment, films, and supplies and who fills requests for equipment;

    (13) (11) “Auditor” means a person employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;

    (14) (12) “Autism Mentor” means a person who works with autistic students and who meets standards and experience to be determined by the state board. A person who has held or holds an aide title and becomes employed as an Autism Mentor shall hold a multiclassification status that includes both aide and Autism Mentor titles, in accordance with section eight-b of this article;

    (15) (13) “Braille or sign language Specialist” means a person employed to provide braille and/or sign language assistance to students. A service person who has held or holds an aide title and becomes employed as a braille or sign language specialist shall hold a multiclassification status that includes both aide and braille or sign language specialist title, in accordance with section eight-b of this article;

    (16) (14) “Bus Operator” means a person employed to operate school buses and other school transportation vehicles as provided by the state board;

    (17) (15) “Buyer” means a person employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;

    (18) (16) “Cabinetmaker” means a person employed to construct cabinets, tables, bookcases and other furniture;

    (19) (17) “Cafeteria Manager” means a person employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;

    (20) “Carpenter I” means a person classified as a carpenter’s helper;

    (21) (18) “Carpenter II” means a person classified as a journeyman carpenter, subject to the following:

    (A) Any employee holding the classification title of Carpenter I on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Carpenter II. This action does not require the employee to take the carpenter competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Carpenter I prior to July 1, 2011 shall be credited as seniority earned in the carpenter classification category;

    (22) (19) “Chief Mechanic” means a person employed to be responsible for directing activities which ensure that student transportation or other county board-owned vehicles are properly and safely maintained;

    (23) “Clerk I” means a person employed to perform clerical tasks;

    (24) (20) “Clerk II” means a person employed to perform general clerical tasks, prepare reports and tabulations and operate office machines, subject to the following:

    (A) Any employee holding the classification title of Clerk I on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Clerk II. This action does not require the employee to take the clerk competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Clerk I prior to July 1, 2011, shall be credited as seniority earned in the clerk classification category;

    (25) (21) “Computer Operator” means a qualified person employed to operate computers;

    (26) “Cook I” means a person employed as a cook’s helper;

    (27) “Cook II” means a person employed to interpret menus and to prepare and serve meals in a food service program of a school. This definition includes a service person who has been employed as a “Cook I” for a period of four years

    (28) “Cook III” means a person employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system;

    (22) “Cook” means a person employed to prepare and serve meals and to make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system under the direction of a cafeteria manager, subject to the following:

    (A) Any employee holding the classification title of Cook I, II or III on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Cook. This action does not require the employee to take the Cook competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Cook I, II or III prior to July 1, 2011 shall be credited as seniority earned in the Cook classification category;;

    (29) “Crew leader” means a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;

    (30) “Custodian I” means a person employed to keep buildings clean and free of refuse;

    (31) (23) “Custodian II” means a person employed as a watchman or groundsman too keep buildings clean and free of refuse, to ensure that school buildings and grounds are secure and to maintain the grounds of the facility to which the employee is assigned, subject to the following:

    (A) Any employee holding the classification title of Custodian I on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Custodian II. This action does not require the employee to take the custodian competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Custodian I prior to July 1, 2011, shall continue to be credited as seniority earned in the custodian classification category;

    (32) (24) “Custodian III” means a person employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;

    (33) (25) “Custodian IV” means a person employed as head custodian. In addition to providing services as defined in “custodian III,” duties may include supervising other custodian personnel;

    (34) (26) “Director or Coordinator of Services” means an employee of a county board who is assigned to direct a department or division.

    (A) Nothing in this subdivision prohibits a professional person or a professional educator from holding this class title;

    (B) Professional personnel holding this class title may not be defined or classified as service personnel unless the professional person held a service personnel title under this section prior to holding the class title of “Director or Coordinator of Services.”

    (C) The Director or Coordinator of Services shall be classified either as a professional person or a service person for state aid formula funding purposes;

    (D) Funding for the position of Director or Coordinator of Services is based upon the employment status of the director or coordinator either as a professional person or a service person; and

    (E) A person employed under the class title “Director or Coordinator of Services” may not be exclusively assigned to perform the duties ascribed to any other class title as defined in this subsection: Provided, That nothing in this paragraph prohibits a person in this position from being multiclassified;

    (35) (27) “Draftsman” means a person employed to plan, design and produce detailed architectural/engineering drawings;

    (28) “Educational Sign Language Interpreter I” means a person employed by a county board or a regional education service agency to provide sign language interpretation, both receptively and expressively, for students who are deaf or hard of hearing, are able to access environments through audition, and use signed communication systems as a supplement to the communication process. An Educational Sign Language Interpreter I is a related service provider and a professional member of the education team, fluent in the languages used by deaf, hard of hearing and hearing persons, who works with the team to implement the IEP. The educational interpreter uses signed communication systems and spoken languages in public school settings for purposes of providing students with access to the general curriculum, classroom dynamics, extracurricular activities and social interactions. The duties of this employee shall include, but not be limited to, facilitating communication between spoken and signed languages for and between deaf or hard of hearing students and faculty, staff and other students. Employees within this classification title must meet the requirements for initial certification as a paraprofessional/education interpreter as provided by state board rule.

    (29) “Educational Sign Language Interpreter II” means a person employed by a county board or a regional education service agency to provide sign language interpretation, both receptively and expressively, for students who are deaf or hard of hearing, are not able to access the environment through audition and use signed communication systems as the sole or primary means of communication. An Educational Sign Language Interpreter II is a related service provider and a professional member of the education team, fluent in the languages used by deaf, hard of hearing and hearing persons, who works with the team to implement the IEP. The educational interpreter uses signed communication systems and spoken languages in public school settings for purposes of providing students with access to the general curriculum, classroom dynamics, extracurricular activities, and social interactions. The duties of this employee include, but are not limited to, facilitating communication between spoken and signed languages for and between deaf or hard of hearing students and faculty, staff and other students. Employees within this classification title must meet the requirements for permanent certification as a paraprofessional/education interpreter as provided by state board rule;

    (36) “Electrician I” means a person employed as an apprentice electrician helper or one who holds an electrician helper license issued by the State Fire Marshal;

    (37) (30) “Electrician II” means a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the State Fire Marshal, subject to the following:

    (A) Any employee holding the classification titles of Electrician I on June 30, 2011 shall have that class title deleted from his or her contract of employment and replaced with the classification title of Electrician II. This action does not require the employee to take the electrician competency test or to obtain any additional licensure. This action does not result in a loss or reduction of the employee’s salary or supplement;

    (B) Seniority earned in the classification titles of Electrician I prior to July 1, 2011 shall continue to be credited as seniority earned in the electrician classification category;

    (38) “Electronic technician I” means a person employed at the apprentice level to repair and maintain electronic equipment;

    (39) “Electronic technician II” means a person employed at the journeyman level to repair and maintain electronic equipment;

    (40) (31) “Executive Secretary” means a person employed as secretary to the county school superintendent or as a secretary who is assigned to a position characterized by significant administrative duties;

    (41) (32) “Food Services Supervisor” means a qualified person who is not a professional person or professional educator as defined in section one, article one of this chapter. The Food Services Supervisor is employed to manage and supervise a county school system’s food service program. The duties include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports: Provided, That after June 30, 2011, no employee may be employed as a Food Services Supervisor for the first time. An employee who holds this classification retains the classification at the same pay grade as provided by section eight-a of this article and an employee who previously held that classification retains the seniority earned in that classification category;

    (42) (33) “Foreman” means a skilled person employed to supervise personnel who work in the areas of repair and maintenance of school property and equipment, subject to the following:

    (A) Nothing in this definition prohibits a service person classified as a Foreman from being assigned work within the classification in addition to supervision of other employees;

    (B) Any employee holding the classification title of Crew Leader on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Foreman. This action does not require the employee to take the foreman competency test and does not result in a loss or reduction of the employee’s salary or supplement;

    (C) Seniority earned in the classification titles of Crew Leader prior to July 1, 2011, shall be credited as seniority earned in the Foreman classification category;

    (43) (34) “General Maintenance” means a person employed as a helper to skilled maintenance employees, and to perform minor repairs to equipment and buildings of a county school system, to perform routine manual tasks in any operation of the county school system, to replace glass or other materials in windows and doors and to do minor carpentry tasks, to maintain the appearance, repair and general care of school grounds in a county school system and to protect school property against damage or theft, subject to the following:

    (A) Any employee holding the classification title of Groundsman, Handyman, Glazier or Watchman on June 30, 2011 shall have that class title deleted from his or her contract of employment and replaced with the classification title of General Maintenance. This action does not require the employee to take the general maintenance competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Groundsman, Handyman, Glazier or Watchman prior to July 1, 2011, shall be credited as seniority earned in the General Maintenance classification category;

    (44) “Glazier” means a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;

    (35) “Graphic Communications Operator” means a person employed to operate and maintain printing equipment and to prepare and distribute materials, subject to the following:

    (A) Any employee holding the classification title of Printing Operator or Printing Supervisor on June 30, 2011 shall have that class title deleted from his or her contract of employment and replaced with the classification title of Graphic Communication Operator. This action does not require the employee to take the Graphic Communications Operator competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Printing Operator or Printing Supervisor prior to July 1, 2011, shall be credited as seniority earned in the Graphic Communications Operator classification category;

    (45) (36) “Graphic artist Designer” means a person employed to prepare graphic illustrations and communications using color type, illustration, photography, animation, various print and layout techniques for print and other media including web publications;

    (46) “Groundsman” means a person employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;

    (47) “Handyman” means a person employed to perform routine manual tasks in any operation of the county school system;

    (48) “Heating and air conditioning mechanic I” means a person employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;

    (49) (37) “Heating and Air Conditioning Mechanic II” means a person employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment, subject to the following:

    (A) Any employee holding the classification titles of Heating and Air Conditioning Mechanic I on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Heating and Air Condition Mechanic II. This action does not require the employee to take the heating and air conditioning mechanic competency test and does not require the employee to acquire any additional licensure. This action also does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Heating and Air Conditioning Mechanic I prior to July, 2001, shall continue to be credited as seniority earned in heating and air conditioning mechanic classification category;

    (50) (38) “Heavy Equipment Operator” means a person employed to operate heavy equipment;

    (51) (39) “Inventory Supervisor” means a person employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;

    (52) “Key punch operator” means a qualified person employed to operate key punch machines or verifying machines;

    (53) (40) “Licensed Practical Nurse” means a nurse, licensed by the West Virginia Board of Examiners for Licensed Practical Nurses, employed to work in a public school under the supervision of a school nurse;

    (54) (41) “Locksmith” means a person employed to repair and maintain locks and safes;

    (55) “Lubrication man” means a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;

    (56) (42) “Machinist” means a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. A person holding this class title also should have the ability to work from blueprints and drawings;

    (57) (43) “Mail clerk Courier” means a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail, subject to the following:

    (A) Any employee holding the classification tile of Mail Clerk on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Mail Courier. This action does not require the employee to take the Mail Courier competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Mail Clerk prior to July 1, 2011, shall be credited as seniority earned in the Mail Courier classification category;

    (58) “Maintenance clerk” means a person employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;

    (59) (44)“Mason” means a person employed to perform tasks connected with brick and block laying and carpentry tasks related to these activities;

    (60) (45) “Mechanic” means a person employed to perform skilled duties independently in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use in a county school system, subject to the following:

    (A) Any employee holding the classification titles of Lubrication Man or Mechanic Assistant on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Mechanic. This action does not require the employee to take the Mechanic competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Lubrication Man and Mechanic Assistant prior to July 1, 2011, shall be credited as seniority earned in the Mechanic classification category;

    (61) “Mechanic assistant” means a person employed as a mechanic apprentice and helper;

    (62) (46) “Multiclassification” means a person employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be the higher pay grade of the class titles involved;

    (63) “Office equipment repairman I” means a person employed as an office equipment repairman apprentice or helper;

    (64) “Office equipment repairman II” means a person responsible for servicing and repairing all office machines and equipment. A person holding this class title is responsible for the purchase of parts necessary for the proper operation of a program of continuous maintenance and repair;

    (65) (47) “Painter” means a person employed to perform duties painting, finishing and decorating wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;

    (66) (48) “Paraprofessional” means a person certified pursuant to section two-a, article three of this chapter to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of students under the direction of a principal, a teacher or another designated professional educator.

    (A) A person employed on the effective date of this section in the position of an aide may not be subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional;

    (B) A person who has held or holds an aide title and becomes employed as a paraprofessional shall hold a multiclassification status that includes both aide and paraprofessional titles in accordance with section eight-b of this article; and

    (C) When a service person who holds an aide title becomes certified as a paraprofessional and is required to perform duties that may not be performed by an aide without paraprofessional certification, he or she shall receive the paraprofessional title pay grade;

    (67) (49) “Payroll Supervisor” means a person employed in the county board office who has primary responsibility for the payroll function and who either has completed twelve college hours of accounting from an accredited institution of higher education or has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;

    (68) “Plumber I” means a person employed as an apprentice plumber and helper;

    (69) (50) “Plumber II” means a person employed as a journeyman plumber to provide general repair, maintenance and installation of utility lines and systems necessary for heat, water and sewage disposal in school system facilities for the efficient maintenance and preventive maintenance of school system plans, subject to the following:

    (A) Any employee holding the classification titles of Plumber I on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Plumber II. This action does not require the employee to take the plumber competency test and does not require the employee to acquire any additional licensure. This action also does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification title of Plumber I prior to July 1, 2011, shall continue to be credited as seniority earned in the plumber classification category;

    (70) “Printing operator” means a person employed to operate duplication equipment, and to cut, collate, staple, bind and shelve materials as required;

    (71) “Printing supervisor” means a person employed to supervise the operation of a print shop;

    (72) (51) “Programmer” means a person employed to design and prepare programs for computer operation;

    (73) (52) “Roofing/Sheet Metal Mechanic” means a person employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;

    (74) (53) “Sanitation Plant Operator” means a person employed to operate and maintain a water or sewage treatment plant to ensure the safety of the plant’s effluent for human consumption or environmental protection;

    (75) (54) “School Bus Supervisor” means a qualified person:

    (A) Employed to assist in selecting school Bus Operators and routing and scheduling school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promote good relationships with parents, students, bus operators and other employees; and

    (B) Certified to operate a bus or previously certified to operate a bus;

    (76) “Secretary I” means a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;

    (77) (55) “Secretary II” means a person employed in any elementary, secondary, kindergarten, nursery, special education, vocational career or technical or any other school as a secretary. The duties may include performing general clerical tasks; transcribing from notes, audio and/or electronic stenotype, mechanical equipment; or a sound-producing machine preparing reports; receiving callers and referring them to proper persons; operating switchboard equipment; operating office machines; keeping records and handling routine correspondence. Nothing in this subdivision prevents a service person from holding or being elevated to a higher classification.

    (A) Any employee holding the classification title of Secretary I or Switchboard Operator-Receptionist on June 30, 2011, shall have that class title deleted from his or her contract of employment and the classification title of Secretary II added to his or her contract of employment. This action will not require the employee to take the secretary competency test and shall not result in a loss or reduction of salary or supplement by the employee.

    (B) Seniority earned in the classification titles of Secretary I or Switchboard Operator-Receptionist prior to July 1, 2011, shall be credited as seniority earned in the Secretary classification category;

    (78) (56) “Secretary III” means a person assigned to the county board office administrators in charge of various instructional, maintenance, transportation, food services, operations and health departments, federal programs or departments with particular responsibilities in purchasing and financial control or any person who has served for eight years in a position which meets the definition of “secretary II” or “secretary III”;

    (79) (57) “Supervisor of Maintenance” means a skilled person who is not a professional person or professional educator as defined in section one, article one of this chapter. The responsibilities include directing the upkeep of buildings and shops, and issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a county board;

    (80) (58) “Supervisor of Transportation” means a qualified person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses and other mechanical and mobile equipment used by the county school system. After July 1, 2010, all persons employed for the first time in a position with this classification title or in a multiclassification position that includes this title shall have five years of experience working in the transportation department of a county board. Experience working in the transportation department shall consist of serving as a Bus Operator, bus aide, assistant mechanic, Mechanic, Chief Mechanic or in a clerical position within the transportation department;

    (81) “Switchboard operator-receptionist” means a person employed to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate switchboard equipment and to provide clerical assistance;

    (59) “Technology System Specialist” means a qualified person employed to perform hands-on repair, service, maintenance and installation of local area networks, servers, computers, computer work stations, printers, computer related equipment, computer related systems, computer related technologies and other office electronic equipment used in the areas of data sharing, communication, printing, visual teaching aids and security in the school system, subject to the following:

    (A) Any employee holding the classification title of Audiovisual Technician, Electronic Technician I or II, Office Equipment Repairman I or Office Equipment Repairman II on June 30, 2011 shall have that class title deleted from his or her contract of employment and replaced with the classification title of Technology System Specialist. This action does not require the employee to take the Technology Systems Specialist competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Audiovisual Technician, Electronic Technician I or Electronic Technician II, Office Equipment Repairman I or Office Equipment Repairman II prior to July 1, 2011, shall be credited as seniority earned in the Technology Systems Specialist classification category;

    (82) (60) “Truck Driver” means a person employed to operate light or heavy duty gasoline and diesel-powered vehicles;

    (83) (61) “Warehouse Clerk” means a person employed to be responsible for receiving, storing, packing and shipping goods, subject to the following:

    (A) Any employee holding the classification title of Maintenance Clerk on June 30, 2011, shall have that class title deleted from his or her contract of employment and replaced with the classification title of Warehouse Clerk. This action does not require the employee to take the Warehouse Clerk competency test and does not result in a loss or reduction of the employee’s salary or supplement; and

    (B) Seniority earned in the classification titles of Maintenance Clerk prior to July 1, 2011, shall be credited as seniority earned in the Warehouse Clerk classification category; and

    (84) “Watchman” means a person employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;

    (85) (62) “Welder” means a person employed to provide acetylene or electric welding services for a school system. and

    (86) “WVEIS data entry and administrative clerk” means a person employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia Education Information System, and to perform other administrative duties assigned by the principal.

    (j) Notwithstanding any provision in this code to the contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, each service person is entitled to all service personnel employee rights, privileges and benefits provided under this or any other chapter of this code without regard to the employee’s hours of employment or the methods or sources of compensation.

    (k) A service person whose years of employment exceeds the number of years shown and provided for under the state minimum pay scale set forth in section eight-a of this article may not be paid less than the amount shown for the maximum years of employment shown and provided for in the classification in which he or she is employed.

    (l) Each county board shall review each service person’s job classification annually and shall reclassify all service persons as required by the job classifications. The state superintendent may withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, the state superintendent shall order a county board to correct immediately any improper classification matter and, with the assistance of the Attorney General, shall take any legal action necessary against any county board to enforce the order.

    (m) Without his or her written consent, a service person may not be:

    (1) Reclassified by class title; or

    (2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits earned during the current fiscal year; or for which he or she would qualify by continuing in the same job position and classification held during that fiscal year and subsequent years.

    (n) Any county 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.

    (o) Notwithstanding any provision of this code to the contrary, a service person who holds a continuing contract in a specific job classification and who is physically unable to perform the job’s duties as confirmed by a physician chosen by the employee, shall be given priority status over any employee not holding a continuing contract in filling other service personnel job vacancies if the service person is qualified as provided in section eight-e of this article.

    (p) Any person employed in an aide position on the effective date of this section may not be transferred or subject to a reduction in force for the purpose of creating a vacancy for the employment of a licensed practical nurse.

    (q) Without the written consent of the service person, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the bus operator or transportation aide commences at the bus at the designated beginning work station and ends when the employee is able to leave the bus at the designated beginning work station, unless he or she agrees otherwise in writing. The application or acceptance of a posted position may not be construed as the written consent referred to in this subsection.

    (r) Itinerant status means a service person who does not have a fixed work site and may be involuntarily reassigned to another work site. A service person is considered to hold itinerant status if he or she has bid upon a position posted as itinerant or has agreed to accept this status. A county board may establish positions with itinerant status only within the aide and autism mentor classification categories and only when the job duties involve exceptional students. A service person with itinerant status may be assigned to a different work site upon written notice ten days prior to the reassignment without the consent of the employee and without posting the vacancy. A service person with itinerant status may be involuntarily reassigned no more than twice during the school year. At the conclusion of each school year, the county board shall post and fill, pursuant to section eight-b of this article, all positions that have been filled without posting by a service person with itinerant status. A service person who is assigned to a beginning and ending work site and travels at the expense of the county board to other work sites during the daily schedule, shall not be considered to hold itinerant status.

§18A-4-8a. Service personnel minimum monthly salaries.

    (a) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the state minimum pay scale pay grade and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the state minimum pay scale pay grade set forth in this section.

STATE MINIMUM PAY SCALE PAY GRADE

Years

Exp.

PAY GRADE

A

B

C

D

E

F

G

H

0

1,577

1,598

1,639

1,691

1,743

1,805

1,836

1,908

1

1,609

1,630

1,671

1,723

1,775

1,837

1,868

1,940

2

1,641

1,662

1,703

1,755

1,807

1,869

1,900

1,972

3

1,673

1,694

1,735

1,787

1,839

1,901

1,932

2,004

4

1,705

1,726

1,767

1,819

1,871

1,933

1,964

2,037

5

1,737

1,758

1,799

1,851

1,903

1,965

1,996

2,069

6

1,769

1,790

1,832

1,883

1,935

1,997

2,028

2,101

7

1,802

1,822

1,864

1,915

1,967

2,029

2,060

2,133

8

1,834

1,854

1,896

1,947

1,999

2,061

2,092

2,165

9

1,866

1,886

1,928

1,980

2,031

2,093

2,124

2,197

10

1,898

1,919

1,960

2,012

2,063

2,126

2,157

2,229

11

1,930

1,951

1,992

2,044

2,095

2,158

2,189

2,261

12

1,962

1,983

2,024

2,076

2,128

2,190

2,221

2,293

13

1,994

2,015

2,056

2,108

2,160

2,222

2,253

2,325

14

2,026

2,047

2,088

2,140

2,192

2,254

2,285

2,357

15

2,058

2,079

2,120

2,172

2,224

2,286

2,317

2,389

16

2,090

2,111

2,152

2,204

2,256

2,318

2,349

2,422

17

2,122

2,143

2,185

2,236

2,288

2,350

2,381

2,454

18

2,154

2,175

2,217

2,268

2,320

2,382

2,413

2,486

19

2,187

2,207

2,249

2,300

2,352

2,414

2,445

2,518

20

2,219

2,239

2,281

2,333

2,384

2,446

2,477

2,550

21

2,251

2,271

2,313

2,365

2,416

2,478

2,509

2,582

22

2,283

2,304

2,345

2,397

2,448

2,511

2,542

2,614

23

2,315

2,336

2,377

2,429

2,481

2,543

2,574

2,646

24

2,347

2,368

2,409

2,461

2,513

2,575

2,606

2,678

25

2,379

2,400

2,441

2,493

2,545

2,607

2,638

2,710

26

2,411

2,432

2,473

2,525

2,577

2,639

2,670

2,742

27

2,443

2,464

2,505

2,557

2,609

2,671

2,702

2,774

28

2,475

2,496

2,537

2,589

2,641

2,703

2,734

2,807

29

2,507

2,528

2,570

2,621

2,673

2,735

2,766

2,839

30

2,540

2,560

2,602

2,653

2,705

2,767

2,798

2,871

31

2,572

2,592

2,634

2,685

2,737

2,799

2,830

2,903

32

2,604

2,624

2,666

2,718

2,769

2,831

2,862

2,935

33

2,636

2,656

2,698

2,750

2,801

2,863

2,895

2,967

34

2,668

2,689

2,730

2,782

2,833

2,896

2,927

2,999

35

2,700

2,721

2,762

2,814

2,866

2,928

2,959

3,031

36

2,732

2,753

2,794

2,846

2,898

2,960

2,991

3,063

37

2,764

2,785

2,826

2,878

2,930

2,992

3,023

3,095

38

2,796

2,817

2,858

2,910

2,962

3,024

3,055

3,127

39

2,828

2,849

2,890

2,942

2,994

3,056

3,087

3,159

40

2,860

2,881

2,922

2,974

3,026

3,088

3,119

3,192

    (Class Title)      Pay Grade                   

Accountant I .................................................. D

Accountant II ................................................. E

Accountant III ................................................ F

Accounts Payable Supervisor ................................... G

Aide I ........................................................ A

Aide II ....................................................... B

Aide III ...................................................... C

Aide IV ....................................................... D

Audiovisual Technician ........................................ C

Auditor ....................................................... G

Autism Mentor ................................................. F

Braille or Sign Language Specialist ........................... E

Bus Operator .................................................. D

Buyer ......................................................... F

Cabinetmaker .................................................. G

Cafeteria Manager ............................................ D F

Carpenter I ................................................... E

Carpenter II .................................................. F

Chief Mechanic ................................................ G

Clerk I ....................................................... B

Clerk II....................................................... C

Computer Operator ............................................. E

Cook I ........................................................ A

Cook II ....................................................... B

Cook III ...................................................... C

Cook .......................................................... D

Crew Leader ................................................... F

Custodian I ................................................... A

Custodian II .................................................. B

Custodian III ................................................. C

Custodian IV .................................................. D

Director or Coordinator of Services ........................... H

Draftsman ..................................................... D

Educational Sign Language Interpreter I ....................... F

Educational Sign Language Interpreter II ...................... G

Electrician I ................................................. F

Electrician II ................................................ G

Electronic Technician I ....................................... F

Electronic Technician II ...................................... G

Executive Secretary ........................................... G

Food Services Supervisor ...................................... G

Foreman ....................................................... G

General Maintenance ........................................... C

Glazier ....................................................... D

Graphic Communication Operator ................................ G

Graphic Artist Designer ....................................... D

Groundsman .................................................... B

Handyman ...................................................... B

Heating and Air Conditioning Mechanic I ....................... E

Heating and Air Conditioning Mechanic II ...................... G

Heavy Equipment Operator ...................................... E

Inventory Supervisor ........................................... D

Key Punch Operator ............................................ B

Licensed Practical Nurse ...................................... F

Locksmith ..................................................... G

Lubrication Man ............................................... C

Machinist ..................................................... F

Mail Clerk Courier ............................................ D

Maintenance Clerk ............................................. C

Mason ......................................................... G

Mechanic ...................................................... F

Mechanic Assistant ............................................ E

Office Equipment Repairman I .................................. F

Office Equipment Repairman II ................................. G

Painter ....................................................... E

Paraprofessional .............................................. F

Payroll Supervisor ............................................ G

Plumber I ..................................................... E

Plumber II .................................................... G

Printing Operator ............................................. B

Printing Supervisor ........................................... D

Programmer .................................................... H

Roofing/Sheet Metal Mechanic .................................. F

Sanitation Plant Operator ..................................... G

School Bus Supervisor ......................................... E

Secretary I ................................................... D

Secretary II .................................................. E

Secretary III ................................................. F

Supervisor of Maintenance ..................................... H

Supervisor of Transportation .................................. H

Switchboard Operator-Receptionist ............................. D

Technology System Specialist .................................. G

Truck Driver .................................................. D

Warehouse Clerk ............................................... C

Watchman ...................................................... B

Welder ........................................................ F

WVEIS Data Entry and Administrative Clerk ..................... B

    (b) An additional §12 per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.

    (c) An additional §11 per month also shall be added to the minimum monthly pay of each service employee for each of the following:

    (1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

    (2) 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;

    (3) 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;

    (4) 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;

    (5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

    (6) 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;

    (7) 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;

    (8) 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;

    (9) 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;

    (10) 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;

    (d) An additional §40 per month also shall be added to the minimum monthly pay of each service employee for each of the following:

    (1) A service employee who holds an associate’s degree;

    (2) A service employee who holds a bachelor’s degree;

    (3) A service employee who holds a master’s degree;

    (4) A service employee who holds a doctorate degree.

    (e) An additional §11 per month shall be added to the minimum monthly pay of each service employee for each of the following:

    (1) A service employee who holds a bachelor’s degree plus fifteen college hours;

    (2) A service employee who holds a master’s degree plus fifteen college hours;

    (3) A service employee who holds a master’s degree plus thirty college hours;

    (4) A service employee who holds a master’s degree plus forty-five college hours; and

    (5) A service employee who holds a master’s degree plus sixty college hours.

    (f) An additional $20 per month shall be added to the minimum monthly pay of each service person classified as a Cook or Cafeteria Manager, either as a single classification title or as part of a multiclassification title who holds three college hours in the area of child nutrition as approved by the West Virginia Department of Education: Provided, That cooks and cafeteria managers shall be paid $20 per month for each additional three hours of college credit up to a total of twelve college hours or $80 per month;

    (f) (g) 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 §10 per month and one half of the pay shall be paid with local funds.

    (g) (h) 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.

    (h) (i) 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.

    (i) (j) 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.

    (j) (k) 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, subject to the following:

    (1) Provided, That An alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used 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 person within that classification category within that county;

    (2) The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly; and

    (3) 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.

    (k) (l) 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 §3 per hour or no less than §5 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 §30 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 used 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.

    (l) (m) 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 certified 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 certified professional personnel” means that certified 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 means the applicant holds a classification title in his or her category of employment as provided in this section and is given first opportunity for promotion and filling vacancies. Other employees then shall be considered and shall qualify by meeting the definition of the job title that relates to the promotion or vacancy, as defined in section eight of this article. If requested by the employee, the county board shall show valid cause why a service person with the most seniority is not promoted or employed in the position for which he or she applies. Qualified applicants shall be considered in the following order:

    (1) Regularly employed service personnel who hold a classification title within the classification category of the vacancy;

    (2) Service personnel who have held a classification title within the classification category of the vacancy whose employment has been discontinued in accordance with this section;

    (3) Regularly employed service personnel who do not hold a classification title within the classification category of vacancy;

    (4) Service personnel who have not held a classification title within the classification category of the vacancy and whose employment has been discontinued in accordance with this section;

    (5) Substitute service personnel who hold a classification title within the classification category of the vacancy;

    (6) Substitute service personnel who do not hold a classification title within the classification category of the vacancy; and

    (7) New service personnel.

    (c) The county board may not prohibit a service person 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 means any change in employment that the service person considers to improve his or her working circumstance within the classification category of employment.

    (1) A promotion includes 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.

    (2) Each class title listed in section eight of this article is considered a separate classification category of employment for service personnel, except for those class titles having Roman numeral designations, which are considered a single classification of employment:

    (A) The Cafeteria Manager class title is included in the same classification category as cooks;

    (B) The Executive Secretary class title is included in the same classification category as secretaries;

    (C) Paraprofessional, Autism Mentor, and Braille or sign language Specialist and Educational Sign Language Interpreter I and II class titles are included in the same classification category as aides; and

    (D) The mechanic assistant and Chief Mechanic class titles are title is included in the same classification category as mechanics.

    (3) The assignment of an aide to a particular position within a school is based on seniority within the aide classification category if the aide is qualified for the position.

    (4) Assignment of a custodian to work shifts in a school or work site is based on seniority within the custodian classification category.

    (e) For purposes of determining seniority under this section a service person’s seniority begins on the date that he or she enters into the assigned duties.

    (f) Extra-duty assignments. -–

    (1) For the purpose of this section, “extra-duty assignment” means an irregular job that occurs periodically or occasionally such as, but not limited to, field trips, athletic events, proms, banquets and band festival trips.

    (2) Notwithstanding any other provisions of this chapter to the contrary, decisions affecting service personnel with respect to extra-duty assignments are made in the following manner:

    (A) A service person with the greatest length of service time in a particular category of employment is 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 employees have had an opportunity to perform similar assignments. The cycle then is repeated.

    (B) An alternative procedure for making extra-duty assignments within a particular classification category of employment may be used 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.

    (g) County boards shall post and date notices of all job vacancies of existing or newly created positions in conspicuous places for all school service personnel to observe for at least five working days.

    (1) Posting locations include any website maintained by or available for the use of the county board.

    (2) Notice of a job vacancy shall include the job description, the period of employment, the work site, the starting and ending time of the daily shift, the amount of pay and any benefits and other information that is helpful to prospective applicants to understand the particulars of the job. The notice of a job vacancy in the aide classification categories shall include the program or primary assignment of the position. Job postings for vacancies made pursuant to this section shall be written to ensure 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.

    (3) 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 existing or newly created positions.

    (4) The county board shall notify any person who has applied for a job posted pursuant to this section of the status of his or her application as soon as possible after the county board makes a hiring decision regarding the posted position.

    (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 a service person is 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, a service person who has been employed in one or more classifications retains the seniority accrued in each previous classification.

    (j) If a county board is required to reduce the number of service personnel within a particular job classification, the following conditions apply:

    (1) The employee with the least amount of seniority within that classification or grades of classification is properly released and employed in a different grade of that classification if there is a job vacancy;

    (2) If there is no job vacancy for employment within that classification or grades of classification, the service person is employed in any other job classification which he or she previously held with the county board if there is a vacancy and retains any seniority accrued in the job classification or grade of classification.

    (k) After a reduction in force or transfer is approved, but prior to August 1, a county board in its sole and exclusive judgment may determine that the reason for any particular reduction in force or transfer no longer exists.

    (1) If the board makes this determination, it shall rescind the reduction in force or transfer and notify the affected employee in writing of the right to be restored to his or her former position of employment.

    (2) The affected employee shall notify the county board of his or her intent to return to the former position of employment within five days of being notified or lose the right to be restored to the former position.

    (3) The county board may not rescind the reduction in force of an employee until all service personnel 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.

    (4) 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 service person who was subject to reduction in force, the position of the released service person shall be posted and filled in accordance with this section.

    (l) If two or more service persons accumulate identical seniority, the priority is determined by a random selection system established by the employees and approved by the county board.

    (m) All service personnel whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in work force are placed upon a preferred recall list and shall be recalled to employment by the county board on the basis of seniority.

    (n) A service person placed upon the preferred recall list shall be recalled to any position openings by the county board within the classification(s) where he or she had previously been employed, to any lateral position for which the service person is qualified or to a lateral area for which a service person has certification and/or licensure.

    (o) A service person on the preferred recall list does not forfeit the right to recall by the county board if compelling reasons require him or her to refuse an offer of reemployment by the county board.

    (p) The county board shall notify all service personnel on the preferred recall list of all position openings that exist from time to time. The notice shall be sent by certified mail to the last known address of the service person. Each service person shall notify the county board of any change of address.

    (q) No position openings may be filled by the county board, whether temporary or permanent, until all service personnel on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.

    (r) A service person released from employment for lack of need as provided in sections six and eight-a, article two of this chapter is accorded preferred recall status on July 1 of the succeeding school year if he or she has not been reemployed as a regular employee.

    (s) A county 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.

    (1) A service person 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.

    (2) The county board is liable to any party prevailing against the board for any court reporter costs including copies of transcripts.

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