Senate Bill No. 579
(By Senators Chafin and Green)
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[Introduced March 13, 2009; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18-5-18a 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 pupil-teacher
ratios; providing for additional payment to classroom aides in
prekindergarten or kindergarten classes for any pupils over
the twenty maximum pupil-teacher ratios; establishing a pupil-
teacher ratio of twenty to one in all prekindergarten classes;
creating two new job titles pf "bus operator II" and "bus
operator III"; increasing the service personnel pay scales;
upgrading the pay grades of certain aids, bus operators, cooks
and custodians; and use of seniority in certain positions.
Be it enacted by the Legislature of West Virginia:
That §18-5-18a 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:
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
1983-1984, 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 1984-85, 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 1986-87, 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 January 1, 1983:
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 1984-85, 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 schoolwide 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 July 1,
1994, 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 July 1,
1995, 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 July 1,
1996, 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 January 1 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 not be 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) 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.
(1) A maintenance person is defined as 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) "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;
(10) "Aide III" means a service person referred to in the
"Aide I" 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) "Aide IV" means a service person referred to in the "Aide
I" 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) "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) "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) "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) "Bus operator
I" means a person 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 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) (20) "Cabinetmaker" means a person employed to construct
cabinets, tables, bookcases and other furniture;
(19) (21) "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) (22) "Carpenter I" means a person classified as a
carpenter's helper;
(21) (23) "Carpenter II" means a person classified as a
journeyman carpenter;
(22) (24) "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) (25) "Clerk I" means a person employed to perform
clerical tasks;
(24) (26) "Clerk II" means a person employed to perform
general clerical tasks, prepare reports and tabulations and operate
office machines;
(25) (27) "Computer operator" means a qualified person employed to operate computers;
(26) (28) "Cook I" means a person employed as a cook's helper;
(27) (29) "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) (30) "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;
(29) (31) "Crew leader" means a person employed to organize
the work for a crew of maintenance employees to carry out assigned
projects;
(30) (32) "Custodian I" means a person employed to keep
buildings clean and free of refuse;
(31) (33) "Custodian II" means a person employed as a watchman
or groundsman;
(32) (34) "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) (35) "Custodian IV" means a person employed as head
custodians. In addition to providing services as defined in
"custodian III," duties may include supervising other custodian
personnel;
(34) (36) "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; and
(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;
(35) (37) "Draftsman" means a person employed to plan, design
and produce detailed architectural/engineering drawings;
(36) (38) "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) (39) "Electrician II" means a person employed as an
electrician journeyman or one who holds a journeyman electrician
license issued by the State Fire Marshal;
(38) (40) "Electronic technician I" means a person employed at the apprentice level to repair and maintain electronic equipment;
(39) (41) "Electronic technician II" means a person employed
at the journeyman level to repair and maintain electronic
equipment;
(40) (42) "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) (43) "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;
(42) (44) "Foreman" means a skilled person employed to
supervise personnel who work in the areas of repair and maintenance
of school property and equipment;
(43) (45) "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;
(44) (46) "Glazier" means a person employed to replace glass
or other materials in windows and doors and to do minor carpentry tasks;
(45) (47) "Graphic artist" means a person employed to prepare
graphic illustrations;
(46) (48) "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) (49) "Handyman" means a person employed to perform
routine manual tasks in any operation of the county school system;
(48) (50) "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) (51) "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;
(50) (52) "Heavy equipment operator" means a person employed
to operate heavy equipment;
(51) (53) "Inventory supervisor" means a person employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies;
(52) (54) "Key punch operator" means a qualified person employed to operate key punch machines or verifying machines;
(53) (55) "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) (56) "Locksmith" means a person employed to repair and
maintain locks and safes;
(55) (57) "Lubrication man" means a person employed to
lubricate and service gasoline or diesel-powered equipment of a
county school system;
(56) (58) "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) (59) "Mail clerk" means a person employed to receive,
sort, dispatch, deliver or otherwise handle letters, parcels and
other mail;
(58) (60) "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) (61) "Mason" means a person employed to perform tasks
connected with brick and block laying and carpentry tasks related to these activities;
(60) (62) "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;
(61) (63) "Mechanic assistant" means a person employed as a
mechanic apprentice and helper;
(62) (64) "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) (65) "Office equipment repairman I" means a person
employed as an office equipment repairman apprentice or helper;
(64) (66) "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) (67) "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) (68) "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) (69) "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) (70) "Plumber I" means a person employed as an apprentice
plumber and helper;
(69) (71) "Plumber II" means a person employed as a journeyman
plumber;
(70) (72) "Printing operator" means a person employed to
operate duplication equipment, and to cut, collate, staple, bind
and shelve materials as required;
(71) (73) "Printing supervisor" means a person employed to
supervise the operation of a print shop;
(72) (74) "Programmer" means a person employed to design and
prepare programs for computer operation;
(73) (75) "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) (76) "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) (77) "School bus supervisor" means a qualified person
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;
(76) (78) "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) (79) "Secretary II" means a person 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,
stenotype, 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. Nothing in this subdivision prevents a
service person from holding or being elevated to a higher
classification;
(78) (80) "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) (81) "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) (82) "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;
(81) (83) "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;
(82) (84) "Truck driver" means a person employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(83) (85) "Warehouse clerk" means a person employed to be
responsible for receiving, storing, packing and shipping goods;
(84) (86) "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) (87) "Welder" means a person employed to provide
acetylene or electric welding services for a school system; and
(86) (88) "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.
§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.
Effective July 1, 2009, through June 30, 2010, each service employee shall receive the amount prescribed in the 2008-09 State
Minimum Salary Schedule as set forth in this section, specific
additional amounts prescribed in this section or article and any
county supplement in effect in a county pursuant to section five-a
of this article during the contract year.
Effective July 1, 2010, through June 30, 2011, each service
employee shall receive the amount prescribed in the 2009-10 State
Minimum Pay Scale as set forth in this section, specific additional
amounts prescribed in this section or article and any county
supplement in effect in a county pursuant to section five-a of this
article during the contract year.
Effective July 1, 2011, and thereafter, each service employee
shall receive the amount prescribed in the 2010-11 State Minimum
Pay Scale as set forth in this section, specific additional amounts
prescribed in this section or article and any county supplement in
effect in a county pursuant to section five-a of this article
during the contract year.
|
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
|
|
2009-10
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
0
|
1656
|
1678
|
1721
|
1776
|
1830
|
1895
|
1928
|
2003
|
|
1
|
1689
|
1712
|
1755
|
1809
|
1864
|
1929
|
1961
|
2037
|
|
2
|
1723
|
1745
|
1788
|
1843
|
1897
|
1962
|
1995
|
2071
|
|
3
|
1757
|
1779
|
1822
|
1876
|
1931
|
1996
|
2029
|
2104
|
|
4
|
1790
|
1812
|
1855
|
1910
|
1965
|
2030
|
2062
|
2139
|
|
5
|
1824
|
1846
|
1889
|
1944
|
1998
|
2063
|
2096
|
2172
|
|
6
|
1857
|
1880
|
1924
|
1977
|
2032
|
2097
|
2129
|
2206
|
|
7
|
1892
|
1913
|
1957
|
2011
|
2065
|
2130
|
2163
|
2240
|
|
8
|
1926
|
1947
|
1991
|
2044
|
2099
|
2164
|
2197
|
2273
|
|
9
|
1959
|
1980
|
2024
|
2079
|
2133
|
2198
|
2230
|
2307
|
|
10
|
1993
|
2015
|
2058
|
2113
|
2166
|
2232
|
2265
|
2340
|
|
11
|
2027
|
2049
|
2092
|
2146
|
2200
|
2266
|
2298
|
2374
|
|
12
|
2060
|
2082
|
2125
|
2180
|
2234
|
2300
|
2332
|
2408
|
|
13
|
2094
|
2116
|
2159
|
2213
|
2268
|
2333
|
2366
|
2441
|
|
14
|
2127
|
2149
|
2192
|
2247
|
2302
|
2367
|
2399
|
2475
|
|
15
|
2161
|
2183
|
2226
|
2281
|
2335
|
2400
|
2433
|
2508
|
|
16
|
2195
|
2217
|
2260
|
2314
|
2369
|
2434
|
2466
|
2543
|
|
17
|
2228
|
2250
|
2294
|
2348
|
2402
|
2468
|
2500
|
2577
|
|
18
|
2262
|
2284
|
2328
|
2381
|
2436
|
2501
|
2534
|
2610
|
|
19
|
2296
|
2317
|
2361
|
2415
|
2470
|
2535
|
2567
|
2644
|
|
20
|
2330
|
2351
|
2395
|
2450
|
2503
|
2568
|
2601
|
2678
|
|
21
|
2364
|
2385
|
2429
|
2483
|
2537
|
2602
|
2634
|
2711
|
|
22
|
2397
|
2419
|
2462
|
2517
|
2570
|
2637
|
2669
|
2745
|
|
23
|
2431
|
2453
|
2496
|
2550
|
2605
|
2670
|
2703
|
2778
|
|
24
|
2464
|
2486
|
2529
|
2584
|
2639
|
2704
|
2736
|
2812
|
|
25
|
2498
|
2520
|
2563
|
2618
|
2672
|
2737
|
2770
|
2846
|
|
26
|
2532
|
2554
|
2597
|
2651
|
2706
|
2771
|
2804
|
2879
|
|
27
|
2565
|
2587
|
2630
|
2685
|
2739
|
2805
|
2837
|
2913
|
|
28
|
2599
|
2621
|
2664
|
2718
|
2773
|
2838
|
2871
|
2947
|
|
29
|
2632
|
2654
|
2699
|
2752
|
2807
|
2872
|
2904
|
2981
|
|
30
|
2667
|
2688
|
2732
|
2786
|
2840
|
2905
|
2938
|
3015
|
|
31
|
2701
|
2722
|
2766
|
2819
|
2874
|
2939
|
2972
|
3048
|
|
32
|
2734
|
2755
|
2799
|
2854
|
2907
|
2973
|
3005
|
3082
|
|
33
|
2768
|
2789
|
2833
|
2888
|
2941
|
3006
|
3040
|
3115
|
|
34
|
2801
|
2823
|
2867
|
2921
|
2975
|
3041
|
3073
|
3149
|
|
35
|
2835
|
2857
|
2900
|
2955
|
3009
|
3074
|
3107
|
3183
|
|
36
|
2869
|
2891
|
2934
|
2988
|
3043
|
3108
|
3141
|
3216
|
|
37
|
2902
|
2924
|
2967
|
3022
|
3077
|
3142
|
3174
|
3250
|
|
38
|
2936
|
2958
|
3001
|
3056
|
3110
|
3175
|
3208
|
3283
|
|
39
|
2969
|
2991
|
3035
|
3089
|
3144
|
3209
|
3241
|
3317
|
|
40
|
3003
|
3025
|
3068
|
3123
|
3177
|
3242
|
3275
|
3352
|
|
2010-11
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
0
|
1,739
|
1,762
|
1,807
|
1,864
|
1,922
|
1,990
|
2,024
|
2,104
|
|
1
|
1,774
|
1,797
|
1,842
|
1,900
|
1,957
|
2,025
|
2,059
|
2,139
|
|
2
|
1,809
|
1,832
|
1,878
|
1,935
|
1,992
|
2,061
|
2,095
|
2,174
|
|
3
|
1,844
|
1,868
|
1,913
|
1,970
|
2,027
|
2,096
|
2,130
|
2,209
|
|
4
|
1,880
|
1,903
|
1,948
|
2,005
|
2,063
|
2,131
|
2,165
|
2,246
|
|
5
|
1,915
|
1,938
|
1,983
|
2,041
|
2,098
|
2,166
|
2,201
|
2,281
|
|
6
|
1,950
|
1,973
|
2,020
|
2,076
|
2,133
|
2,202
|
2,236
|
2,316
|
|
7
|
1,987
|
2,009
|
2,055
|
2,111
|
2,169
|
2,237
|
2,271
|
2,352
|
|
8
|
2,022
|
2,044
|
2,090
|
2,147
|
2,204
|
2,272
|
2,306
|
2,387
|
|
9
|
2,057
|
2,079
|
2,126
|
2,183
|
2,239
|
2,308
|
2,342
|
2,422
|
|
10
|
2,093
|
2,116
|
2,161
|
2,218
|
2,274
|
2,344
|
2,378
|
2,457
|
|
11
|
2,128
|
2,151
|
2,196
|
2,254
|
2,310
|
2,379
|
2,413
|
2,493
|
|
12
|
2,163
|
2,186
|
2,231
|
2,289
|
2,346
|
2,414
|
2,449
|
2,528
|
|
13
|
2,198
|
2,222
|
2,267
|
2,324
|
2,381
|
2,450
|
2,484
|
2,563
|
|
14
|
2,234
|
2,257
|
2,302
|
2,359
|
2,417
|
2,485
|
2,519
|
2,599
|
|
15
|
2,269
|
2,292
|
2,337
|
2,395
|
2,452
|
2,520
|
2,554
|
2,634
|
|
16
|
2,304
|
2,327
|
2,373
|
2,430
|
2,487
|
2,556
|
2,590
|
2,670
|
|
17
|
2,340
|
2,363
|
2,409
|
2,465
|
2,523
|
2,591
|
2,625
|
2,706
|
|
18
|
2,375
|
2,398
|
2,444
|
2,500
|
2,558
|
2,626
|
2,660
|
2,741
|
|
19
|
2,411
|
2,433
|
2,480
|
2,536
|
2,593
|
2,661
|
2,696
|
2,776
|
|
20
|
2,446
|
2,468
|
2,515
|
2,572
|
2,628
|
2,697
|
2,731
|
2,811
|
|
21
|
2,482
|
2,504
|
2,550
|
2,607
|
2,664
|
2,732
|
2,766
|
2,847
|
|
22
|
2,517
|
2,540
|
2,585
|
2,643
|
2,699
|
2,768
|
2,803
|
2,882
|
|
23
|
2,552
|
2,575
|
2,621
|
2,678
|
2,735
|
2,804
|
2,838
|
2,917
|
|
24
|
2,588
|
2,611
|
2,656
|
2,713
|
2,771
|
2,839
|
2,873
|
2,952
|
|
25
|
2,623
|
2,646
|
2,691
|
2,749
|
2,806
|
2,874
|
2,908
|
2,988
|
|
26
|
2,658
|
2,681
|
2,726
|
2,784
|
2,841
|
2,909
|
2,944
|
3,023
|
|
27
|
2,693
|
2,717
|
2,762
|
2,819
|
2,876
|
2,945
|
2,979
|
3,058
|
|
28
|
2,729
|
2,752
|
2,797
|
2,854
|
2,912
|
2,980
|
3,014
|
3,095
|
|
29
|
2,764
|
2,787
|
2,833
|
2,890
|
2,947
|
3,015
|
3,050
|
3,130
|
|
30
|
2,800
|
2,822
|
2,869
|
2,925
|
2,982
|
3,051
|
3,085
|
3,165
|
|
31
|
2,836
|
2,858
|
2,904
|
2,960
|
3,018
|
3,086
|
3,120
|
3,201
|
|
32
|
2,871
|
2,893
|
2,939
|
2,997
|
3,053
|
3,121
|
3,155
|
3,236
|
|
33
|
2,906
|
2,928
|
2,975
|
3,032
|
3,088
|
3,156
|
3,192
|
3,271
|
|
34
|
2,941
|
2,965
|
3,010
|
3,067
|
3,123
|
3,193
|
3,227
|
3,306
|
|
35
|
2,977
|
3,000
|
3,045
|
3,102
|
3,160
|
3,228
|
3,262
|
3,342
|
|
36
|
3,012
|
3,035
|
3,080
|
3,138
|
3,195
|
3,263
|
3,298
|
3,377
|
|
37
|
3,047
|
3,070
|
3,116
|
3,173
|
3,230
|
3,299
|
3,333
|
3,412
|
|
38
|
3,083
|
3,106
|
3,151
|
3,208
|
3,266
|
3,334
|
3,368
|
3,448
|
|
39
|
3,118
|
3,141
|
3,186
|
3,244
|
3,301
|
3,369
|
3,403
|
3,483
|
|
40
|
3,153
|
3,176
|
3,222
|
3,279
|
3,336
|
3,405
|
3,439
|
3,519
|
|
2011-12
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
0
|
1,826
|
1,850
|
1,897
|
1,958
|
2,018
|
2,090
|
2,125
|
2,209
|
|
1
|
1,863
|
1,887
|
1,934
|
1,995
|
2,055
|
2,127
|
2,162
|
2,246
|
|
2
|
1,900
|
1,924
|
1,971
|
2,032
|
2,092
|
2,164
|
2,199
|
2,283
|
|
3
|
1,937
|
1,961
|
2,008
|
2,069
|
2,129
|
2,201
|
2,237
|
2,320
|
|
4
|
1,974
|
1,998
|
2,046
|
2,106
|
2,166
|
2,238
|
2,274
|
2,358
|
|
5
|
2,011
|
2,035
|
2,083
|
2,143
|
2,203
|
2,275
|
2,311
|
2,395
|
|
6
|
2,048
|
2,072
|
2,121
|
2,180
|
2,240
|
2,312
|
2,348
|
2,432
|
|
7
|
2,086
|
2,109
|
2,158
|
2,217
|
2,277
|
2,349
|
2,385
|
2,469
|
|
8
|
2,123
|
2,146
|
2,195
|
2,254
|
2,314
|
2,386
|
2,422
|
2,506
|
|
9
|
2,160
|
2,183
|
2,232
|
2,292
|
2,351
|
2,423
|
2,459
|
2,543
|
|
10
|
2,197
|
2,221
|
2,269
|
2,329
|
2,388
|
2,461
|
2,497
|
2,580
|
|
11
|
2,234
|
2,259
|
2,306
|
2,366
|
2,425
|
2,498
|
2,534
|
2,617
|
|
12
|
2,271
|
2,296
|
2,343
|
2,403
|
2,463
|
2,535
|
2,571
|
2,654
|
|
13
|
2,308
|
2,333
|
2,380
|
2,440
|
2,500
|
2,572
|
2,608
|
2,691
|
|
14
|
2,345
|
2,370
|
2,417
|
2,477
|
2,538
|
2,609
|
2,645
|
2,729
|
|
15
|
2,382
|
2,407
|
2,454
|
2,514
|
2,575
|
2,646
|
2,682
|
2,766
|
|
16
|
2,419
|
2,444
|
2,491
|
2,551
|
2,612
|
2,683
|
2,719
|
2,804
|
|
17
|
2,456
|
2,481
|
2,529
|
2,588
|
2,649
|
2,720
|
2,756
|
2,841
|
|
18
|
2,494
|
2,518
|
2,566
|
2,625
|
2,686
|
2,757
|
2,793
|
2,878
|
|
19
|
2,532
|
2,555
|
2,603
|
2,663
|
2,723
|
2,795
|
2,830
|
2,915
|
|
20
|
2,569
|
2,592
|
2,641
|
2,701
|
2,760
|
2,832
|
2,867
|
2,952
|
|
21
|
2,606
|
2,629
|
2,678
|
2,738
|
2,797
|
2,869
|
2,904
|
2,989
|
|
22
|
2,643
|
2,667
|
2,715
|
2,775
|
2,834
|
2,907
|
2,943
|
3,026
|
|
23
|
2,680
|
2,704
|
2,752
|
2,812
|
2,872
|
2,944
|
2,980
|
3,063
|
|
24
|
2,717
|
2,741
|
2,789
|
2,849
|
2,909
|
2,981
|
3,017
|
3,100
|
|
25
|
2,754
|
2,778
|
2,826
|
2,886
|
2,946
|
3,018
|
3,054
|
3,137
|
|
26
|
2,791
|
2,815
|
2,863
|
2,923
|
2,983
|
3,055
|
3,091
|
3,174
|
|
27
|
2,828
|
2,852
|
2,900
|
2,960
|
3,020
|
3,092
|
3,128
|
3,211
|
|
28
|
2,865
|
2,889
|
2,937
|
2,997
|
3,057
|
3,129
|
3,165
|
3,249
|
|
29
|
2,902
|
2,926
|
2,975
|
3,034
|
3,094
|
3,166
|
3,202
|
3,286
|
|
30
|
2,940
|
2,964
|
3,012
|
3,071
|
3,131
|
3,203
|
3,239
|
3,324
|
|
31
|
2,977
|
3,001
|
3,049
|
3,108
|
3,168
|
3,240
|
3,276
|
3,361
|
|
32
|
3,014
|
3,038
|
3,086
|
3,146
|
3,205
|
3,277
|
3,313
|
3,398
|
|
33
|
3,051
|
3,075
|
3,123
|
3,183
|
3,243
|
3,314
|
3,351
|
3,435
|
|
34
|
3,089
|
3,113
|
3,160
|
3,221
|
3,280
|
3,352
|
3,388
|
3,472
|
|
35
|
3,126
|
3,150
|
3,197
|
3,258
|
3,318
|
3,390
|
3,425
|
3,509
|
|
36
|
3,163
|
3,187
|
3,234
|
3,295
|
3,355
|
3,427
|
3,462
|
3,546
|
|
37
|
3,200
|
3,224
|
3,271
|
3,332
|
3,392
|
3,464
|
3,500
|
3,583
|
|
38
|
3,237
|
3,261
|
3,308
|
3,369
|
3,429
|
3,501
|
3,537
|
3,620
|
|
39
|
3,274
|
3,298
|
3,346
|
3,406
|
3,466
|
3,538
|
3,574
|
3,657
|
|
40
|
3,311
|
3,335
|
3,383
|
3,443
|
3,503
|
3,575
|
3,611
|
3,695
|
(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 I ................................................ D
Bus Operator II .............................................. E
Bus Operator III.............................................. F
Buyer ......................................................... F
Cabinetmaker .................................................. G
Cafeteria Manager ........................................... D E
Carpenter I ................................................... E
Carpenter II .................................................. F
Chief Mechanic ................................................ G
Clerk I ....................................................... B
Clerk II....................................................... C
Computer Operator ............................................. E
Cook I ...................................................... A B
Cook II ..................................................... B C
Cook III .................................................... C D
Crew Leader ................................................... F
Custodian I ................................................. A B
Custodian II ................................................ B C
Custodian III ............................................... C D
Custodian IV ................................................ D E
Director or Coordinator of Services ........................... H
Draftsman ..................................................... D
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 Artist ................................................ 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 .................................................... 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
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) 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) 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) 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) 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) 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 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 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.
(k) 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) 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 that the applicant holds a
classification title in his or her category of employment as
provided in this section and shall be 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 as defined in section eight of this article, that relates to
the promotion or vacancy. 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. Applicants shall be considered in the following
order:
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued
in accordance with this section;
(3) Professional personnel who held temporary service
personnel jobs or positions prior to June 9, 1982, and who apply
only for these temporary jobs or positions;
(4) Substitute service personnel; and
(5) 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 is defined as 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 shall be 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 class titles are included in the same
classification category as aides; and
(D) The mechanic assistant and chief mechanic class titles are
included in the same classification category as mechanics.
(e) For purposes of determining seniority under this section
an 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 assignments"
are defined as irregular jobs that occur 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 shall be made in the following manner:
(A) A service person with the greatest length of service time
in a particular category of employment shall be 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 such employees have had an opportunity to
perform similar assignments. The cycle then shall be 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 established existing or newly created positions in
conspicuous places for all school service personnel to observe for
at least five working days.
(1) Posting locations shall 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 amount of pay and any benefits and
other information that is helpful to prospective applicants to
understand the particulars of the job. Job postings for vacancies
made pursuant to this section shall be written so as 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 established 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 any service person shall be determined on
the basis of the length of time the employee has been employed by
the county board within a particular job classification:
Provided,
That service personnel who transfers from one job classification to another job classification shall retain the amount of seniority the
service personnel held at the time of transfer for the purposes of
bidding on a job in the previously held job classification and any
reduction in force. For the purpose of establishing seniority for
a preferred recall list as provided in this section, when a service
person has been employed in one or more classifications, the
seniority accrued in each previous classification is retained by
the employee.
(j) If a county board is required to reduce the number of
service personnel within a particular job classification, the
following conditions apply:
Provided, That the employee with the
least amount of seniority within that classification or grades of
classification shall be properly released and employed in a
different grade of that classification if there is a job vacancy.
An employee subject to release shall be employed in any other
classification position where the employee is qualified and was
previously employed . If the employee's seniority is greater than
the seniority of any other employee in that classification, the
employee with the least seniority in that classification shall be
released and the employee with the greater seniority shall be
placed in that position. If there is more than one employee with
less seniority than the person to be released in one or more
classifications where he/she was previously employed, the employee
with the least amount of seniority in any of the affected classifications shall be released and the employee with the greater
seniority shall be placed in that position.
(1) The employee with the least amount of seniority within
that classification or grades of classification shall be 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
shall be employed in any other job classification which he or she
previously held with the county board if there is a vacancy and
shall retain any seniority accrued in the job classification or
grade of classification.
(k) Prior to August 1, after a reduction in force or transfer
is approved:
(1) If the county board in its sole and exclusive judgment
determines that the reason for any particular reduction in force or
transfer no longer exists, the board 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) Within five days of being notified, the affected employee
shall notify the county board of his or her intent to return to the
former position of employment or the right of restoration to the
former position terminates:
(3) The county board shall 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 shall be 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 shall be 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 list shall be
recalled to any position openings by the county board within the
classification(s) where he or she had previously been employed, or
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 shall 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 shall be accorded preferred recall status on July 1, of the
succeeding school year if the 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.
NOTE: The purpose of this bill is to increase service
personnel salaries by five percent for each of the next three years
and to rectify inequities in the salary schedule and pay grades for
service personnel by upgrading the pay grade of cooks and
custodians and adding pay grades to the bus operator
classification. 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 and to allow service personnel to retain their
seniority for purposes of reduction in force when they move from
one classification to another.
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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