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Introduced Version House Bill 2968 History

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hb2968 intr
H. B. 2968


(By Delegates Perry, Williams, Crosier, Sumner,
Beach, Poling, Paxton, Wysong, Stephens and Duke)

[Introduced March 10, 2005; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, be amended; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-3-2b of said code; and to amend and reenact §18A-4-7b of said code, all relating to long-term substitute professional educators; defining long-term substitute professional educators for the purposes of eligibility for Public Employee's Insurance coverage; orientation and supervision of long-term substitute professional educators; and including long-term substitute professional educators as experienced permanently employed personnel for the purposes of filling vacancies.

Be it enacted by the Legislature of West Virginia:
That §5-16-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18A-1-1 of said code be amended and reenacted; that §18A-3-2b of said code be amended and reenacted; and that §18A-4-7b of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-2. Definitions.
The following words and phrases as used in this article, unless a different meaning is clearly indicated by the context, have the following meanings:
(1) "Agency" means the Public Employees Insurance Agency created by this article.
(2) "Director" means the Director of the Public Employees Insurance Agency created by this article.
(3) "Employee" means any person, including elected officers, who works regularly full time or as a long-term substitute in the service of the state of West Virginia and, for the purpose of this article only, the term "employee" also means any person, including elected officers, who works regularly full time in the service of a county board of education; a county, city or town in the state; any separate corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community mental health center or comprehensive mental retardation facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to section one, article two-a, chapter twenty-seven of this code, and which is supported in part by state, county or municipal funds; any person who works regularly full time in the service of the University of West Virginia Board of Trustees or the Board of Directors of the state college system; and any person who works regularly full time in the service of a combined city-county health department created pursuant to article two, chapter sixteen of this code. On and after the first day of January, one thousand nine hundred ninety-four, and upon election by a county board of education to allow elected board members to participate in the Public Employees Insurance Program pursuant to this article, any person elected to a county board of education shall be considered to be an "employee" during the term of office of the elected member: Provided, That the elected member shall pay the entire cost of the premium if he or she elects to be covered under this article. Any matters of doubt as to who is an employee within the meaning of this article shall be decided by the Director.
On or after the first day of July, one thousand nine hundred ninety-seven, a person shall be considered an "employee" if that person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in section one, article one, chapter eighteen-a of this code;
(ii) Has been designated, in writing, by all other participants in that job-sharing arrangement as the "employee" for purposes of this section; and
(iii) Works at least one-third of the time required for a full-time employee.
(4) "Employer" means the State of West Virginia, its boards, agencies, commissions, departments, institutions or spending units; a county board of education; a county, city or town in the state; any separate corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community mental health center or comprehensive mental retardation facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to section one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county or municipal funds; and a combined city-county health department created pursuant to article two, chapter sixteen of this code. Any matters of doubt as to who is an "employer" within the meaning of this article shall be decided by the Director. The term "employer" does not include within its meaning the National Guard.
(5) "Finance Board" means the Public Employees Insurance Agency Finance Board created by this article.
(6) "Person" means any individual, company, association, organization, corporation or other legal entity, including, but not limited to, hospital, medical or dental service corporations; health maintenance organizations or similar organizations providing prepaid health benefits; or individuals entitled to benefits under the provisions of this article.
(7) "Plan", unless the context indicates otherwise, means the medical indemnity plan, the managed care plan option or the Group Life Insurance Plan offered by the Agency.
(8) "Retired employee" means an employee of the state who retired after the twenty-ninth day of April, one thousand nine hundred seventy-one, and an employee of the University of West Virginia Board of Trustees or the Board of Directors of the state college system or a county board of education who retires on or after the twenty-first day of April, one thousand nine hundred seventy-two, and all additional eligible employees who retire on or after the effective date of this article, meet the minimum eligibility requirements for their respective State Retirement System and whose last employer immediately prior to retirement under the State Retirement System is a participating employer: Provided, That for the purposes of this article, the employees who are not covered by a State Retirement System shall, in the case of education employees, meet the minimum eligibility requirements of the State Teachers Retirement System and in all other cases, meet the minimum eligibility requirements of the Public Employees Retirement System.
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 to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a county board 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 requirements of the state, licensing requirements of the state or both and includes the professional educator and other professional employees;
(c) "Professional educator" 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" means a professional educator who has direct instructional or counseling relationship with pupils, spending the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who, as agent of the county board, has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. The major area of the responsibility shall be the general supervision of all the schools and all school activities involving pupils, teachers and other school personnel;
(3) "Supervisor" means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and
(4) "Central office administrator" means a 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 countywide school system; and
(5) "Long-term substitute" means a professional educator who is not employed as a regular professional educator, but who is employed in the same teaching position for thirty consecutive days or who is at the time of employment, anticipated to be employed for ninety consecutive days within the employment term.
(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, 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 employees 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;
(j) "Dangerous student" means a pupil who is substantially likely to cause serious bodily injury to himself, herself or another individual within that pupil's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and
(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-2b. Beginning teacher internships.

(a) Every person to whom a professional teaching certificate is awarded after the first day of January, one thousand nine hundred ninety-two, shall successfully complete a beginning teacher internship program under the provisions of this section, except such persons who were awarded a professional teaching certificate on the basis of at least five years' teaching experience in another state.
The beginning teacher internship program is a school based program intended to provide appropriate staff development activities and supervision to beginning teachers, including long-term substitutes, to assure their competency for licensure to teach in the public schools of this state. The beginning teacher internship program shall consist of the following components:
(1) A professional support team comprised of the school principal, who shall be the chair of the professional support team, a member of the county professional staff development council and an experienced classroom teacher at the school who teaches the same or similar subject and grade level as the beginning teacher and who shall serve as a mentor for the beginning teacher;
(2) An orientation program to be conducted prior to the beginning of the instructional term, but within the employment term, supervised by the mentor teacher: Provided, That a long-term substitute who is hired after the beginning of the instructional term shall receive his or her orientation at a time that is mutually agreed upon by the principal, the mentor and the long-term substitute. If the orientation program is scheduled outside the employment term, the professional employees participating in the orientation session shall be paid their normal daily rate of salary;
(3) The scheduling of joint planning periods for the mentor and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the beginning teacher for at least one hour per week during the first half of the school year and which may be reduced at the discretion of the mentor to one hour every two weeks during the second half of the school year;
(5) Weekly meetings between the mentor and the beginning teacher at which the mentor and the beginning teacher discuss the performance of the beginning teacher and any needed improvements, which meetings may be reduced at the discretion of the mentor to biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to discuss the performance of the beginning teacher which meetings may include all mentor members of all professional support teams at the school if helpful in the judgment of the participants;
(7) In-service professional development programs provided through the professional development project of the center for professional development for beginning teachers and for mentors both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular duties for the mentor teacher, as agreed to by the principal and the mentor teacher, and a stipend of at least six hundred dollars for the mentor teacher for duties as a mentor teacher; and
(9) A final evaluation of the performance of the beginning teacher completed by the principal on a form developed by the State Board of Education.
(b) The final evaluation form shall be submitted by the principal to the county school superintendent and shall include one of the following recommendations:
(1) Full professional status: A recommendation of full professional status indicates that the beginning teacher has successfully completed the internship program and in the judgment of the principal has demonstrated competence as a professional educator;
(2) Continuing internship status: A recommendation of continuing internship status indicates that in the judgment of the principal, the beginning teacher requires further supervision and further employment in the district should be conditioned upon successful completion of an additional year under a beginning teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue employment indicates that, in the judgment of the principal, the beginning teacher has completed two years of employment under supervision in a beginning teacher internship program, has not demonstrated competence as a professional educator and will not benefit from further supervised employment in the district.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-7b. Calculation of seniority for professional personnel.
Notwithstanding any other provision of this code to the contrary, seniority for professional personnel as defined in section one, article one, chapter eighteen-a of this code, shall be calculated pursuant to the provisions of section seven-a of this article as well as the following: Provided, That any recalculation of seniority of a professional personnel employee that may be required in order to remain consistent with the provisions contained herein shall be calculated retroactively, but shall not be utilized for the purposes of reversing any decision that has been made or grievance that has been filed prior to the effective date of this section:
(a) A professional employee shall begin to accrue seniority upon commencement of the employee's duties.
(b) An employee shall receive seniority credit for each day the employee is professionally employed regardless of whether the employee receives pay for that day: Provided, That no employee shall receive seniority credit for any day the employee is suspended without pay pursuant to section eight, article two of this chapter: Provided, however, That an employee who is on an approved leave of absence shall accrue seniority during the period of time that the employee is on the approved leave of absence.
(c) Any professional employee whose employment with a county board of education is terminated either voluntarily or through a reduction-in-force shall, upon reemployment with the same board of education in a regular full-time position, receive credit for all seniority previously accumulated with the board of education at the date the employee's employment was terminated.
(d) Any professional employee whose employment has been terminated through reduction in force and whose name is on the preferred recall list shall retain all accumulated seniority for the purpose of seeking reemployment with the county from which he or she was terminated and nothing in this section may be construed to the contrary.
(e) Any professional employee employed for a full employment term but in a part-time position shall receive seniority credit for each day of employment prorated to the proportion of a full employment day the employee is required to work: Provided, That nothing herein allows a regular full-time employee to be credited with less than a full day of seniority credit for each day the employee is employed by the board: Provided, however, That this calculation of seniority for part-time professional personnel is prospective and does not reduce any seniority credit accumulated by any employee prior to the effective date of this section: Provided further, That for the purposes of this section, a part-time employee shall be defined as an employee who is employed less than three and one-half hours per day.
(f) For the purposes of filling teaching positions pursuant to section seven-a of this article, any applicant who has served as a substitute teacher for one hundred and thirty-three days or more in a single employment term and continues to be employed as a substitute by that board of education filling the teaching position, shall be considered a "permanently employed professional personnel" requiring the criteria set forth in subsection (d) of section seven-a of this article to be utilized in selection of the most qualified applicant.


NOTE: The purpose of this bill is to provide health insurance coverage under the Public Employees Insurance Agency for long-term substitute professional educators and to ensure that newly employed long-term substitutes participate in teacher mentor and orientation programs. The bill also provides that long-term substitute professional educators who work more than 133 days in a school year are granted permanently employed professional personnel status for filling vacancies.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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