H. B. 2551


(By Delegates Compton, Williams, Brum, Pethtel,
Dempsey, Varner and Anderson)

[Introduced March 11, 1993; referred to the
Committee on Education then Finance.]



A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-b; and to amend section fourteen, article four, chapter eighteen-a of said code, all relating to providing instruction in specialized curriculum areas to elementary students; and provide for planning periods within the instruction day.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven-b; and that section fourteen, article four, chapter eighteen-a of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-7b. Course of study and specialized instruction for elementary students.

In all public schools located within this state, every student in grades kindergarten through six shall receive instruction within three instructional days each week of the instructional term in one or more specialized instructional areas, including, but not limited to, art, music, physical education or library/media. Such specialized instruction shall be provided by a teacher who is properly certified and/or licensed in the particular specialty area offered.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-14. Duty-free lunch and daily planning period for certain employees.

(1) Notwithstanding the provisions of section seven, article two of this chapter, every teacher who is employed for a period of time more than one-half the class periods of the regular school day and every service personnel whose employment is for a period of more than three and one-half hours per day and whose pay is at least the amount indicated in the "state minimum pay scale" as set forth in section eight-a of this article shall be provided a daily lunch recess of not less than thirty consecutive minutes, and such employee shall not be assigned any responsibilities during this recess. Such recess shall be included in the number of hours worked, and no county shall increase the number of hours to be worked by an employee as aresult of such employee being granted a recess under the provisions of this section.
(2) Every teacher who is regularly employed for a period of time more than one-half the class periods of the regular school day shall be provided at least one planning period within each regular school instructional day to be used to complete necessary preparations for the instruction of pupils. Such planning period shall be the length of the usual class period in the school to which such teacher is assigned, and shall be not less than thirty minutes. No teacher shall be assigned any responsibilities during this period, and no county shall increase the number of hours to be worked by a teacher as a result of such teacher being granted a planning period subsequent to the adoption of this section (March 13, 1982).
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection, including, but not limited to, assuming control of the class period or supervision of students during the time the teacher is engaged in the planning period. Substitute teachers may also be utilized to assist with classroom responsibilities under this subsection: Provided, That any substitute teacher who is employed to teach a minimum of two consecutive days in the same position shall be granted a planning period pursuant to this section.
(3) Nothing in this section shall be construed to prevent any teacher from exchanging his lunch recess or a planning periodor any service personnel from exchanging his lunch recess for any compensation or benefit mutually agreed upon by the employee and the county superintendent of schools or his agent: Provided, That a teacher and the superintendent or his agent may not agree to terms which are different from those available to any other teacher granted rights under this section within the individual school or to terms which in any way discriminate among such teachers within the individual school, and that service personnel granted rights under this section and the superintendent or his agent may not agree to terms which are different from those available to any other service personnel within the same classification category granted rights under this section within the individual school or to terms which in any way discriminate among such service personnel within the same classification category within the individual school.



NOTE: The purpose of this bill is to provide elementary school students with instruction in specialized areas by properly certified instructors and to require that planning periods be provided during the instructional day as is presently the practice in most counties.

§18-2-7b is new; therefore, strike-throughs and underscoring have been omitted

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