H. B. 2760
(By Delegate Leggett)
[Introduced March 27, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section three, article two, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting
county boards of education or principals from requiring
classroom teachers to substitute for absent teachers.
Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-3. Employment of substitute teachers.
The county superintendent, subject to approval of the county
board, shall have authority to employ and assign substitute
teachers to any of the following duties: (a) To fill the
temporary absence of any teacher or an unexpired school term made
vacant by resignation, death, suspension or dismissal; (b) to
fill a teaching position of a regular teacher on leave ofabsence; and (c) to perform the instructional services of any
teacher who is authorized by law to be absent from class without
loss of pay, providing such absence is approved by the board of
education in accordance with the law. Such substitute shall be
a duly certified teacher. No county board of education or
principal may require a classroom teacher, as defined in
paragraph (1), subdivision (c), section one, article one of this
chapter to substitute for an absent teacher:
Provided,
That
nothing herein should be construed to prohibit a classroom
teacher from voluntarily substituting for an absent teacher where
such action will not result in major disruption of the
volunteering employee's duties and assignment.
NOTE: The purpose of this bill is to prohibit boards of
education or principals from requiring teachers and other
professionals to fill in for absent teachers.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.