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Introduced Version House Bill 3240 History

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hb3240 intr
H. B. 3240


(By Delegate Marshall)
[Introduced March 25, 2005; referred to the
Committee on Education then Finance.]




A BILL to amend and reenact §18-5-18 a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A-4-8a , all relating to the employment and compensation of school service personnel generally; increasing the service personnel pay scales; upgrading the pay grades of certain aides, bus operators, cooks and custodians; relating to the employment and compensation of school service personnel by creating two new job titles; providing for additional payment to classroom aides in pre-kindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratio; and establishing a pupil-teacher ratio of twenty to one in all pre-kindergarten classes.

Be it enacted by the Legislature of West Virginia:
That
§8-5-18a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18A-4-8 and §18A-4-8a of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-18a. Maximum teacher-pupil ratio.

County boards of education shall provide, by the school year one thousand nine hundred eighty-three--eighty-four, and thereafter, sufficient personnel, equipment and facilities as will ensure that each first and second grade classroom, or classrooms having two or more grades that include either the first or second grades shall not have more than twenty-five pupils for each teacher of the grade or grades and shall not have more than twenty pupils for each prekindergarten or kindergarten teacher per session, unless the State Superintendent has excepted a specific classroom upon application therefor by a county board.
County boards shall provide by the school year one thousand nine hundred eighty-four--eighty-five, and continue thereafter, sufficient personnel, equipment and facilities as will ensure that each third, fourth, fifth and sixth grade classroom, or classrooms having two or more grades that include one or more of the third, fourth, fifth and sixth grades, shall not have more than twenty-five pupils for each teacher of the grade or grades.
Beginning with the school year one thousand nine hundred eighty-six--eighty-seven, and thereafter, no county shall maintain a greater number of classrooms having two or more grades that include one or more of the grade levels referred to in this section than were in existence in said county as of the first day of January, one thousand nine hundred eighty-three: Provided,
That for the prior school years, and only if there is insufficient classroom space available in the school or county, a county may maintain one hundred ten percent of such number of classrooms.
During the school year one thousand nine hundred eighty-four-eighty-five, and thereafter, the State Superintendent is authorized, consistent with sound educational policy, (a) to permit on a statewide basis, in grades four through six, more than twenty-five pupils per teacher in a classroom for the purposes of instruction in physical education, and (b) to permit more than twenty pupils per teacher in a specific kindergarten classroom and twenty-five pupils per teacher in a specific classroom in grades one through six during a school year in the event of extraordinary circumstances as determined by the State Superintendent after application by a county board of education.
The State Board shall establish guidelines for the exceptions authorized in this section, but in no event shall the Superintendent except classrooms having more than three pupils above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the twenty pupils per prekindergarten or
kindergarten teacher per session limit or the twenty-five pupils per teacher limit in grades one through six is waived in schools where the schooltime pupil-teacher ratio is twenty-five or less in grades one through six: Provided, That a teacher shall not have more than three pupils above the teacher/pupil ratio as set forth in this section. Any prekindergarten or kindergarten teacher who has more than twenty pupils per session and any classroom teacher of grades one through six who has more than twenty-five pupils shall be paid additional compensation based on the affected classroom teacher's average daily salary divided by twenty for prekindergarten or kindergarten teachers or twenty-five for teachers of grades one through six for every day times the number of additional pupils enrolled up to the maximum pupils permitted in the teacher's classroom. Any classroom aide assigned to a prekindergarten or kindergarten classroom wherein there are more than twenty pupils enrolled shall also be paid additional compensation based upon his or her daily rate of pay and otherwise utilizing the same calculation used for prekindergarten and kindergarten teachers. All such additional compensation shall be paid from county funds exclusively.
Notwithstanding any other provision of this section to the contrary, commencing with the school year beginning on the first day of July, one thousand nine hundred ninety-four, a teacher in grades one, two or three or classrooms having two or more such grade levels, shall not have more than two pupils above the teacher/pupil ratio as set forth in this section: Provided,
That commencing with the school year beginning on the first day of July, one thousand nine hundred ninety-five, such teacher shall not have more than one pupil above the teacher/pupil ratio as set forth in this section: Provided, however, That commencing with the school year beginning on the first day of July, one thousand nine hundred ninety-six, such teacher shall not have any pupils above the teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number of pupils per teacher in a classroom for the purpose of instruction in choral, band or orchestra music.
Each school principal shall assign students equitably among the classroom teachers, taking into consideration reasonable differences due to subject areas and/or grade levels.
The State Board shall collect from each county board of education information on class size and the number of pupils per teacher for all classes in grades seven through twelve. The State Board shall report such information to the Legislative Oversight Commission on Education Accountability before the first day of January of each year.
CHAPTER 18A. SCHOOL PERSONNEL.

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 be no less than ten months. A month is defined as twenty employment days: Provided, That 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) No service employee, without his or her agreement, may be required to report for work more than five days per week and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.
(e) If an employee whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the employee shall be paid for at least one-half day of work for each day he or she reports for work, and if the employee 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) Custodians, aides, maintenance, office and school lunch employees required to work a daily work schedule that is interrupted, that is, who do not work a continuous period in one day, shall be paid additional compensation equal to at least one eighth of their total salary as provided by their state minimum salary and any county pay supplement, and payable entirely from county funds: Provided, That when engaged in duties of transporting students exclusively, aides shall not be regarded as working an interrupted schedule. Maintenance personnel are defined as personnel who hold 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.
(g) Upon the change in classification or upon meeting the requirements of an advanced classification of or by any employee, the employee's salary shall be made to comply with the requirements of this article, and to any county salary schedule in excess of the minimum requirements of this article, based upon the employee's advanced classification and allowable years of employment.
(h) An employee'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 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 service personnel has been employed by a board in any position prior to or subsequent to the effective date of this section and including service in the armed forces of the United States, if the employee were employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment shall be 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 service personnel;
(4) "Accountant I" means personnel 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 personnel 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 personnel who are employed in the county board office to manage and supervise accounts payable and/or payroll procedures;
(7) "Accounts payable supervisor" means personnel who are employed in the county board office who have primary responsibility for the accounts payable function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting courses from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide;
(9) "Aide II" means those personnel referred to in the "Aide I" classification who have completed a training program approved by the State Board, or who hold a high school diploma or have received a general educational development certificate. Only personnel classified in an Aide II class title may be employed as an aide in any special education program;
(10) "Aide III" means those personnel referred to in the "Aide I" classification who hold a high school diploma or a general educational development certificate and have completed six semester hours of college credit at an institution of higher education or are employed as an aide in a special education program and have one year's experience as an aide in special education;
(11) "Aide IV" means personnel referred to in the "Aide I" classification who hold a high school diploma or a general educational development certificate and who have completed eighteen hours of State Board-approved college credit at a regionally accredited institution of higher education, or who have completed fifteen hours of State Board-approved college credit at a regionally accredited institution of higher education and 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 personnel employed to perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment;
(13) "Auditor" means personnel 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) "Autism mentor" means personnel who work with autistic students and who meet standards and experience to be determined by the State Board: Provided, That if any employee has held or holds an aide title and becomes employed as an autism mentor, the employee shall hold a multiclassification status that includes aide and autism mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means personnel employed to provide braille and/or sign language assistance to students: Provided, That if any employee has held or holds an aide title and becomes employed as a braille or sign language specialist, the employee shall hold a multiclassification status that includes aide and braille or sign language specialist title, in accordance with section eight-b of this article;
(16) "Bus operator I" means personnel employed to operate school buses and other school transportation vehicles as provided by the State Board;
(17) "Bus operator II" means personnel employed to operate school buses and other transportation vehicles as provided by the State Board of Education, who have served in a position which meets the definition of "Bus operator I" for ten years;
(18) "Bus operator III" means personnel employed to operate school buses and other school transportation vehicles as provided by the State Board of Education, who have served in a position which meets the definition of "Bus operator I" or "Bus operator II" for twenty years;
(17) (19) "Buyer" means personnel 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) (20) "Cabinetmaker" means personnel employed to construct cabinets, tables, bookcases and other furniture;
(19) (21) "Cafeteria manager" means personnel 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) (22) "Carpenter I" means personnel classified as a carpenter's helper;
(21) (23) "Carpenter II" means personnel classified as a journeyman carpenter;
(22) (24) "Chief mechanic" means personnel employed to be responsible for directing activities which ensure that student transportation or other board-owned vehicles are properly and safely maintained;
(23) (25) "Clerk I" means personnel employed to perform clerical tasks;
(24) (26) "Clerk II" means personnel employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) (27) "Computer operator" means qualified personnel employed to operate computers;
(26) (28) "Cook I" means personnel employed as a cook's helper;
(27) (29) "Cook II" means personnel employed to interpret menus, to prepare and serve meals in a food service program of a school and shall include personnel who have been employed as a "Cook I" for a period of four years, if the personnel have not been elevated to this classification within that period of time;
(28) (30) "Cook III" means personnel 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;
(29) (31) "Crew leader" means personnel employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) (32) "Custodian I" means personnel employed to keep buildings clean and free of refuse;
(31) (33) "Custodian II" means personnel employed as a watchman or groundsman;
(32) (34) "Custodian III" means personnel employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) (35) "Custodian IV" means personnel employed as head custodians. In addition to providing services as defined in "custodian III," their duties may include supervising other custodian personnel;
(34) (36) "Director or coordinator of services" means personnel who are assigned to direct a department or division. Nothing in this subdivision may prohibit professional personnel or professional educators as defined in section one, article one of this chapter, from holding this class title, but professional personnel may not be defined or classified as service personnel unless the professional personnel held a service personnel title under this section prior to holding class title of "director or coordinator of services." Directors or coordinators of service positions shall be classified as either a professional personnel or service personnel position for state aid formula funding purposes and funding for directors or coordinators of service positions shall be based upon the employment status of the director or coordinator either as a professional personnel or service personnel;
(35) (37) "Draftsman" means personnel employed to plan, design and produce detailed architectural/engineering drawings;
(36) (38) "Electrician I" means personnel employed as an apprentice electrician helper or who holds an electrician helper license issued by the State Fire Marshal;
(37) (39) "Electrician II" means personnel employed as an electrician journeyman or who holds a journeyman electrician license issued by the State Fire Marshal;
(38) (40) "Electronic technician I" means personnel employed at the apprentice level to repair and maintain electronic equipment;
(39) (41) "Electronic technician II" means personnel employed at the journeyman level to repair and maintain electronic equipment;
(40) (42)"Executive secretary" means personnel employed as the county school superintendent's secretary or as a secretary who is assigned to a position characterized by significant administrative duties;
(41) (43) "Food services supervisor" means qualified personnel not defined as professional personnel or professional educators in section one, article one of this chapter, employed to manage and supervise a county school system's food service program. The duties would 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;
(42) (44) "Foremen" means skilled persons employed for supervision of personnel who work in the areas of repair and maintenance of school property and equipment;
(43) (45) "General maintenance" means personnel employed as helpers to skilled maintenance employees and to perform minor repairs to equipment and buildings of a county school system;
(44) (46) "Glazier" means personnel employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) (47) "Graphic artist" means personnel employed to prepare graphic illustrations;
(46) (48) "Groundsmen" means personnel 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) (49) "Handyman" means personnel employed to perform routine manual tasks in any operation of the county school system;
(48) (50) "Heating and air conditioning mechanic I" means personnel employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(49) (51) "Heating and air conditioning mechanic II" means personnel employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(50) (52) "Heavy equipment operator" means personnel employed to operate heavy equipment;
(51) (53) "Inventory supervisor" means personnel who are employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) (54) "Key punch operator" means qualified personnel employed to operate key punch machines or verifying machines;
(53) (55) "Locksmith" means personnel employed to repair and maintain locks and safes;
(54) (56) "Lubrication man" means personnel employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(55) (57) "Machinist" means personnel employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. These personnel should also have, the ability to work from blueprints and drawings;
(56) (58) "Mail clerk" means personnel employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
(57) (59) "Maintenance clerk" means personnel employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
(58) (60) "Mason" means personnel employed to perform tasks connected with brick and block laying and carpentry tasks related to such laying;
(59) (61) "Mechanic" means personnel employed who can independently perform skilled duties in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use in a county school system;
(60) (62) "Mechanic assistant" means personnel employed as a mechanic apprentice and helper;
(61) (63) "Multiclassification" means personnel 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;
(62) (64) "Office equipment repairman I" means personnel employed as an office equipment repairman apprentice or helper;
(63) (65) "Office equipment repairman II" means personnel responsible for servicing and repairing all office machines and equipment. Personnel are responsible for parts being purchased necessary for the proper operation of a program of continuous maintenance and repair;
(64) (66) "Painter" means personnel employed to perform duties of painting, finishing and decorating of wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
(65) (67) "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 pupils under the direction of a principal, a teacher or another designated professional educator: Provided, That no person employed on the effective date of this section in the position of an aide may be reduced in force or transferred to create a vacancy for the employment of a paraprofessional: Provided, however, That if any employee has held or holds an aide title and becomes employed as a paraprofessional, the employee shall hold a multiclassification status that includes aide and paraprofessional titles in accordance with section eight-b of this article: Provided further, That once an employee 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;
(66) (68) "Payroll supervisor" means personnel who are employed in the county board office who have primary responsibility for the payroll function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(67) (69) "Plumber I" means personnel employed as an apprentice plumber and helper;
(68) (70) "Plumber II" means personnel employed as a journeyman plumber;
(69) (71) "Printing operator" means personnel employed to operate duplication equipment, and as required, to cut, collate, staple, bind and shelve materials;
(70) (72) "Printing supervisor" means personnel employed to supervise the operation of a print shop;
(71) (73) "Programmer" means personnel employed to design and prepare programs for computer operation;
(72) (74) "Roofing/sheet metal mechanic" means personnel employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
(73) (75) "Sanitation plant operator" means personnel 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;
(74) (76) "School bus supervisor" means qualified personnel employed to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promoting good relationships with parents, pupils, bus operators and other employees;
(75) (77) "Secretary I" means personnel employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(76) (78) "Secretary II" means personnel employed in any elementary, secondary, kindergarten, nursery, special education, vocational or any other school as a secretary. The duties may include performing general clerical tasks, transcribing from notes or stenotype or mechanical equipment or a sound-producing machine, preparing reports, receiving callers and referring them to proper persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied in this subdivision that would prevent the employees from holding or being elevated to a higher classification;
(77) (79) "Secretary III" means personnel 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 of purchasing and financial control or any personnel who have served in a position which meets the definition of "secretary II" or "secretary III" in this section for eight years;
(78) (80) "Supervisor of maintenance" means skilled personnel not defined as professional personnel or professional educators as in section one, article one of this chapter. The responsibilities would include directing the upkeep of buildings and shops, issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a board;
(79) (81) "Supervisor of transportation" means qualified personnel 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;
(80) (82) "Switchboard operator-receptionist" means personnel 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;
(81) (83) "Truck driver" means personnel employed to operate light or heavy duty gasoline and diesel-powered vehicles;
(82) (84) "Warehouse clerk" means personnel employed to be responsible for receiving, storing, packing and shipping goods;
(83) (85) "Watchman" means personnel employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties; and
(84) (86) "Welder" means personnel employed to provide acetylene or electric welding services for a school system.
(85) (87) "WVEIS data entry and administrative clerk" means personnel 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) In addition to the compensation provided for in section eight-a of this article, for service personnel, each service employee is, notwithstanding any provisions in this code to the contrary, 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) Service personnel whose years of employment exceed 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) The county boards shall review each service personnel employee job classification annually and shall reclassify all service employees as required by the job classifications. The State Superintendent of Schools 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 county boards 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) No service employee, without his or her written consent, may be reclassified by class title, nor may a service employee, without his or her written consent, be 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 which would result in a reduction of his or her salary, rate of pay, compensation or benefits 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 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 provisions in this code to the contrary, service personnel who hold a continuing contract in a specific job classification and who are 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 qualified as provided in section eight-e of this article.
§18A-4-8a. Service personnel minimum monthly salaries.

(1) Until the first day of July, two thousand two, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I" and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I" set forth in this section. Beginning the first day of July, two thousand two, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I II" and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I II" set forth in this section: Provided, That beginning the first day of July, two thousand five, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I " plus a four percent across the board increase 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 after the first day of July, two thousand five, shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I" plus a four percent across the board increase as set forth in this section: Provided, however, That beginning the first day of July, two thousand six, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I " plus a nine percent across the board increase 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 after the first day of July, two thousand six, shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I" plus a nine percent across the board increase as set forth in this section: Provided further, That beginning the first day of July, two thousand seven, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I " plus a fifteen percent across the board increase 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 after the first day of July, two thousand seven, shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I" plus a fifteen percent across the board increase as set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE I

Years of
Employment
Pay Grade
A B C D E F G H


0 1,295 1,315 1,355 1,405 1,455 1,515 1,545 1,615
1 1,325 1,345 1,385 1,435 1,485 1,545 1,575 1,645
2 1,355 1,375 1,415 1,465 1,515 1,575 1,605 1,675
3 1,385 1,405 1,445 1,495 1,545 1,605 1,635 1,705
4 1,415 1,435 1,475 1,525 1,575 1,635 1,665 1,735
5 1,445 1,465 1,505 1,555 1,605 1,665 1,695 1,765
6 1,475 1,495 1,535 1,585 1,635 1,695 1,725 1,795
7 1,505 1,525 1,565 1,615 1,665 1,725 1,755 1,825
8 1,535 1,555 1,595 1,645 1,695 1,755 1,785 1,855
9 1,565 1,585 1,625 1,675 1,725 1,785 1,815 1,885
10 1,595 1,615 1,655 1,705 1,755 1,815 1,845 1,915
11 1,625 1,645 1,685 1,735 1,785 1,845 1,875 1,945
12 1,655 1,675 1,715 1,765 1,815 1,875 1,905 1,975
13 1,685 1,705 1,745 1,795 1,845 1,905 1,935 2,005
14 1,715 1,735 1,775 1,825 1,875 1,935 1,965 2,035
15 1,745 1,765 1,805 1,855 1,905 1,965 1,995 2,065
16 1,775 1,795 1,835 1,885 1,935 1,995 2,025 2,095
17 1,805 1,825 1,865 1,915 1,965 2,025 2,055 2,125
18 1,835 1,855 1,895 1,945 1,995 2,055 2,085 2,155
19 1,865 1,885 1,925 1,975 2,025 2,085 2,115 2,185
20 1,895 1,915 1,955 2,005 2,055 2,115 2,145 2,215
21 1,925 1,945 1,985 2,035 2,085 2,145 2,175 2,245
22 1,955 1,975 2,015 2,065 2,115 2,175 2,205 2,275
23 1,985 2,005 2,045 2,095 2,145 2,205 2,235 2,305
24 2,015 2,035 2,075 2,125 2,175 2,235 2,265 2,335
25 2,045 2,065 2,105 2,155 2,205 2,265 2,295 2,365
26 2,075 2,095 2,135 2,185 2,235 2,295 2,325 2,395
27 2,105 2,125 2,165 2,215 2,265 2,325 2,355 2,425
28 2,135 2,155 2,195 2,245 2,295 2,355 2,385 2,455
29 2,165 2,185 2,225 2,275 2,325 2,385 2,415 2,485
30 2,195 2,215 2,255 2,305 2,355 2,415 2,445 2,515
31 2,225 2,245 2,285 2,335 2,385 2,445 2,475 2,545
32 2,255 2,275 2,315 2,365 2,415 2,475 2,505 2,575
33 2,285 2,305 2,345 2,395 2,445 2,505 2,535 2,605
34 2,315 2,335 2,375 2,425 2,475 2,535 2,565 2,635
35 2,345 2,365 2,405 2,455 2,505 2,565 2,595 2,665
36 2,375 2,395 2,435 2,485 2,535 2,595 2,625 2,695
37 2,405 2,425 2,465 2,515 2,565 2,625 2,655 2,725
38 2,435 2,455 2,495 2,545 2,595 2,655 2,685 2,755
39 2,465 2,485 2,525 2,575 2,625 2,685 2,715 2,785
40 2,495 2,515 2,555 2,605 2,655 2,715 2,745 2,815
STATE MINIMUM PAY SCALE PAY GRADE I II

Years of
Employment Pay Grade
A B C D E F G H

0 1,366 1,386 1,426 1,476 1,526 1,586 1,616 1,686
1 1,397 1,417 1,457 1,507 1,557 1,617 1,647 1,717
2 1,428 1,448 1,488 1,538 1,588 1,648 1,678 1,748
3 1,459 1,479 1,519 1,569 1,619 1,679 1,709 1,779
4 1,490 1,510 1,550 1,600 1,650 1,710 1,740 1,810
5 1,521 1,541 1,581 1,631 1,681 1,741 1,771 1,841
6 1,552 1,572 1,612 1,662 1,712 1,772 1,802 1,872
7 1,583 1,603 1,643 1,693 1,743 1,803 1,833 1,903
8 1,614 1,634 1,674 1,724 1,774 1,834 1,864 1,934
9 1,645 1,665 1,705 1,755 1,805 1,865 1,895 1,965
A B C D E F G H

10 1,676 1,696 1,736 1,786 1,836 1,896 1,926 1,996
11 1,707 1,727 1,767 1,817 1,867 1,927 1,957 2,027
12 1,738 1,758 1,798 1,848 1,898 1,958 1,988 2,058
13 1,769 1,789 1,829 1,879 1,929 1,989 2,019 2,089
14 1,800 1,820 1,860 1,910 1,960 2,020 2,050 2,120
15 1,831 1,851 1,891 1,941 1,991 2,051 2,081 2,151
16 1,862 1,882 1,922 1,972 2,022 2,082 2,112 2,182
17 1,893 1,913 1,953 2,003 2,053 2,113 2,143 2,213
18 1,924 1,944 1,984 2,034 2,084 2,144 2,174 2,244
19 1,955 1,975 2,015 2,065 2,115 2,175 2,205 2,275
20 1,986 2,006 2,046 2,096 2,146 2,206 2,236 2,306
21 2,017 2,037 2,077 2,127 2,177 2,237 2,267 2,337
22 2,048 2,068 2,108 2,158 2,208 2,268 2,298 2,368
23 2,079 2,099 2,139 2,189 2,239 2,299 2,329 2,399
24 2,110 2,130 2,170 2,220 2,270 2,330 2,360 2,430
25 2,141 2,161 2,201 2,251 2,301 2,361 2,391 2,461
26 2,172 2,192 2,232 2,282 2,332 2,392 2,422 2,492
27 2,203 2,223 2,263 2,313 2,363 2,423 2,453 2,523
28 2,234 2,254 2,294 2,344 2,394 2,454 2,484 2,554
29 2,265 2,285 2,325 2,375 2,425 2,485 2,515 2,585
30 2,296 2,316 2,356 2,406 2,456 2,516 2,546 2,616
31 2,327 2,347 2,387 2,437 2,487 2,547 2,577 2,647
32 2,358 2,378 2,418 2,468 2,518 2,578 2,608 2,678
33 2,389 2,409 2,449 2,499 2,549 2,609 2,639 2,709
34 2,420 2,440 2,480 2,530 2,580 2,640 2,670 2,740
35 2,451 2,471 2,511 2,561 2,611 2,671 2,701 2,771
36 2,482 2,502 2,542 2,592 2,642 2,702 2,732 2,802
37 2,513 2,533 2,573 2,623 2,673 2,733 2,763 2,833
38 2,544 2,564 2,604 2,654 2,704 2,764 2,794 2,864
39 2,575 2,595 2,635 2,685 2,735 2,795 2,825 2,895
40 2,606 2,626 2,666 2,716 2,766 2,826 2,856 2,926
CLASS TITLE
PAY GRADE

Accountant ID
Accountant IIE
Accountant IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
Bus Operator II E
Bus Operator IIIF
BuyerF
CabinetmakerG
Cafeteria Manager D E
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA B
Cook IIB C
Cook IIIC D
Crew LeaderF
Custodian IA B
Custodian IIB C
Custodian IIIC D
Custodian IVD E
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Payroll SupervisorG
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
WVEIS Data Entry and Administrative ClerkB
(2) An additional twelve dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent:
(3) Until the first day of July, two thousand two, an additional ten dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following, and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional eleven dollars per month for each of subdivisions (A) through (J), inclusive, of this subsection only, and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional forty dollars per month for each of subdivisions (K) through (N), inclusive, of this subsection only:
(A) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(B) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(C) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(D) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(E) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(F) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(G) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(H) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(I) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(J) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the State Board;
(K) A service employee who holds an associate's degree;
(L) A service employee who holds a bachelor's degree;
(M) A service employee who holds a master's degree;
(N) A service employee who holds a doctorate degree.
(4) Effective the first day of July, two thousand two, an additional eleven dollars per month shall be added to the minimum monthly pay of each service employee for each of the following:
(A) A service employee who holds a bachelor's degree plus fifteen college hours;
(B) A service employee who holds a master's degree plus fifteen college hours;
(C) A service employee who holds a master's degree plus thirty college hours;
(D) A service employee who holds a master's degree plus forty-five college hours; and
(E) A service employee who holds a master's degree plus sixty college hours.
(5) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional ten dollars per month and one half of the pay shall be paid with local funds.
(6) 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.
(7) 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.
(8) 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.
(9) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one- half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(10) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(11) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, "under the direct supervision of certificated professional personnel" means that certificated professional personnel is present, with and accompanying the aide.


NOTE: The purpose of this bill is to rectify inequities in the salary schedule and pay grades for service personnel by upgrading the pay grade of cooks and custodians. To clarify when aides should be considered supervisory employees for purposes of receiving pay at a higher pay grade and to provide that classroom aides in kindergarten classrooms which have more pupils than the maximum pupil/teacher ratio receive additional compensation as to professional personnel in said classrooms.

Strike throughs indicate language that would be stricken from the present law. Underscoring indicates language that would be added.
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