H. B. 2062
(By Delegate Staton)
[Introduced February 9, 2005; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18A-2-5
of the code of West Virginia,
1931, as amended, relating to giving priority to teacher's
aide applicants with college credits.
Be it enacted by the Legislature of West Virginia:
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-5. Employment of service personnel; limitation.
The board is authorized to employ such service personnel,
including substitutes, as is deemed necessary for meeting the needs
of the county school system: Provided, That the board may not
employ a number of such personnel whose minimum monthly salary
under section eight-a, article four of this chapter is specified as
pay grade "H", which number exceeds the number employed by the
board on the first day of March, one thousand nine hundred eighty-eight.
Effective the first day of July, one thousand nine hundred
eighty-eight, a county board shall not employ for the first time
any person who has not obtained a high school diploma or general
educational development certificate (GED) or who is not enrolled in
an approved adult education course by the date of employment in
preparation for obtaining a GED: Provided, That such employment is
contingent upon continued enrollment or successful completion of
the GED program.
A county board shall give priority to teacher's aide
employment applicants with college credits. In the event two or
more applicants for teacher's aide have college credits, the
applicant with the most college credits shall be given the highest
Before entering upon their duties service personnel shall
execute with the board a written contract which shall be in the
"COUNTY BOARD OF EDUCATION
SERVICE PERSONNEL CONTRACT OF EMPLOYMENT
THIS (Probationary or Continuing) CONTRACT OF EMPLOYMENT, made
and entered into this _________ day of _____________,
by and between THE BOARD OF EDUCATION OF THE COUNTY OF
_______________, a corporation, hereinafter called the 'Board,' and
(Name and Social Security Number of Employee), of (Mailing Address), hereinafter called the 'Employee.'
WITNESSETH, that whereas, at a lawful meeting of the Board of
Education of the County of ___________ held at the offices of said
Board, in the City of _____________________, ________________
County, West Virginia, on the ______ day of ___________________,
____, the Employee was duly hired and appointed for
employment as a (Job Classification) at (Place of Assignment) for
the school year commencing __________ for the employment term and
at the salary and upon the terms hereinafter set out.
NOW, THEREFORE, pursuant to said employment, Board and
Employee mutually agree as follows:
(1) The Employee is employed by the Board as a (Job
Classification) at (Place of Assignment) for the school year or
remaining part thereof commencing _____________,
period of employment is _______ days at an annual salary of
$_______ at the rate of $________ per month.
(2) The Board hereby certifies that the Employee's employment
has been duly approved by the Board and will be a matter of the
Board's minute records.
(3) The services to be performed by the Employee shall be such
services as are prescribed for the job classification set out above
in paragraph (1) and as defined in Section 8, Article 4, Chapter
18A of the Code of West Virginia, as amended.
(4) The Employee may be dismissed at any time for immorality, incompetency, cruelty, insubordination, intemperance or willful
neglect of duty pursuant to the provisions of Section 8, Article 2,
Chapter 18A of the Code of West Virginia, as amended.
(5) The Superintendent of the ____________ County Board of
Education, subject to the approval of the Board, may transfer and
assign the Employee in the manner provided by Section 7, Article 2,
Chapter 18A of the Code of West Virginia, as amended.
(6) This contract shall at all times be subject to any and all
existing laws, or such laws as may hereafter be lawfully enacted,
and such laws shall be a part of this contract.
(7) This contract may be terminated or modified at any time by
the mutual consent of the Board and the Employee.
(8) This contract must be signed and returned to the Board at
its address of __________________________________ within thirty
days after being received by the Employee.
(9) By signing this contract the Employee accepts employment
upon the terms herein set out.
WITNESS the following signatures as of the day, month and year
first above written:
_____________, (President, ______ County Board of Education)
_____________, (Secretary, ______ County Board of Education)
The use of this form shall not be interpreted to authorize
boards to discontinue any employee's contract status with the board or rescind any rights, privileges or benefits held under contract
or otherwise by any employee prior to the effective date of this
Each contract of employment shall be designated as a
probationary or continuing contract. The employment of service
personnel shall be made a matter of minute record. The employee
shall return the contract of employment to the county board of
education within thirty days after receipt or otherwise he shall
forfeit his or her
right to employment.
Under such regulation and policy as may be established by
the county board, service personnel selected and trained for
teacher-aide classifications, such as monitor aide, clerical aide,
classroom aide and general aide, shall work under the direction of
the principal and teachers to whom assigned.
NOTE: The purpose of this bill is to require county boards of
education to give priority to teacher's aide applicants for
employment with college credits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would