ENROLLED
H. B. 2782
(By Delegate Ashcraft
)
[Passed April 8, 1993; in effect from passage.]
AN ACT to amend and reenact section eight, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said
article by adding thereto a new section, designated section
eight-g; and to amend and reenact sections two and eight,
article five of said chapter, all relating to providing
additional compensation for certain service personnel who
work interrupted schedules; redefining "director or
coordinator of services"; eliminating the provision
authorizing the state board of education to establish other
class titles and providing the attendant pay grades;
providing additional methods of determining and further
specifying service personnel seniority; designating West
Virginia Day as a legal school holiday; and deleting a
provision addressing the basis upon which an aide may be
hired.
Be it enacted by the Legislature of West Virginia:
That section eight, article four, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
eight-g; and that sections two and eight, article five of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service
personnel; definitions.
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel shall be no less than ten months, a month
being defined as twenty employment days:
Provided,
That the
county board of education may contract with all or part of these
personnel for a longer term. The beginning and closing dates of
the ten-month employment term shall not exceed forty-three weeks.
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 shall be applicable.
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.
No service employee, without his agreement, shall be
required to report for work more than five days per week and nopart of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
Should an employee whose regular work week is scheduled from
Monday through Friday agree 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 such day he reports for work, and if
the employee works more than three and one-half hours on any
Saturday or Sunday, he shall be paid for a at least a full day of
work for each such day.
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 which shall be 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.
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
his 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 his advanced
classification and allowable years of employment.
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 theminimum requirements of this article.
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:
"Pay grade" means the monthly salary applicable to class
titles of service personnel.
"Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board of education 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 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.
"Class title" means the name of the position or job held by
service personnel.
"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.
"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.
"Accountant III" means personnel who are employed in the
county board of education office to manage and supervise accounts
payable and/or payroll procedures.
"Aide I" means those personnel selected and trained forteacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide.
"Aide II" means those personnel referred to in the "Aide I"
classification who have completed a training program approved by
the state board of education, or who hold a high school diploma
or have received a general educational development certificate.
Only personnel classified in an Aide II class title shall be
employed as an aide in any special education program.
"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.
"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.
"Audiovisual technician" means personnel employed to perform
minor maintenance on audiovisual equipment, films, supplies and
the filling of requests for equipment.
"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.
"Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board:
Provided,
That the state board shall
determine these standards and experience on or before the first
day of July, one thousand nine hundred ninety-two.
"Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
students.
"Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board of education.
"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.
"Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture.
"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.
"Carpenter I" means personnel classified as a carpenter's
helper.
"Carpenter II" means personnel classified as a journeyman
carpenter.
"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.
"Clerk I" means personnel employed to perform clerical
tasks.
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
office machines.
"Computer operator" means qualified personnel employed to
operate computers.
"Cook I" means personnel employed as a cook's helper.
"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 such personnel have not been elevated
to this classification within that period of time.
"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.
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned
projects.
"Custodian I" means personnel employed to keep buildingsclean and free of refuse.
"Custodian II" means personnel employed as a watchman or
groundsman.
"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.
"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.
"Director or coordinator of services" means personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, who are assigned to
direct a department or division.
"Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued
by the state fire marshal.
"Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment.
"Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is
assigned to a position characterized by significantadministrative duties.
"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.
"Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of
school property and equipment.
"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.
"Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic
illustrations.
"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.
"Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system.
"Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintainheating and air conditioning plants and related electrical
equipment.
"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.
"Heavy equipment operator" means personnel employed to
operate heavy equipment.
"Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain
locks and safes.
"Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
system.
"Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer,
shaper, threading machine and wheel press. Such personnel should
also have ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail.
"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.
"Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
laying.
"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.
"Mechanic assistant" means personnel employed as a mechanic
apprentice and helper.
"Multi-classification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section or as created by the West Virginia board of
education. In such instances the minimum salary scale shall be
the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as
an office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment.
Personnel shall be responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair.
"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.
"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 inthe 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.
"Plumber I" means personnel employed as an apprentice
plumber and helper.
"Plumber II" means personnel employed as a journeyman
plumber.
"Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials.
"Printing supervisor" means personnel employed to supervise
the operation of a print shop.
"Programmer" means personnel employed to design and prepare
programs for computer operation.
"Roofing/sheet metal mechanic" means personnel employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation.
"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.
"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 busesand promoting good relationships with parents, pupils, bus
operators and other employees.
"Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines.
"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 herein that
would prevent such employees from holding or being elevated to a
higher classification.
"Secretary III" means personnel assigned to the county board
of education 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"
herein for eight years.
"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 of education.
"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.
"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.
"Truck driver" means personnel employed to operate light or
heavy duty gasoline and diesel-powered vehicles.
"Warehouse clerk" means personnel employed to be responsible
for receiving, storing, packing and shipping goods.
"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.
"Welder" means personnel employed to provide acetylene or
electric welding services for a school system.
In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee shall, notwithstanding any provisions in this code to
the contrary, be entitled to all service personnel employee
rights, privileges and benefits provided under this or any other
chapter of this code without regard to such employee's hours of
employment or the methods or sources of compensation.
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 is employed.
The county boards shall review each service personnel
employee job classification annually and shall reclassify all
service employees as required by such job classifications. The
state superintendent of schools is hereby authorized to withhold
state funds appropriated pursuant to this article for salaries
for service personnel who are improperly classified by such
county boards. Further, he 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 such order.
No service employee, without his written consent, may be
reclassified by class title, nor may a service employee, without
his written consent, be relegated to any condition of employment
which would result in a reduction of his salary, rate of pay,
compensation or benefits earned during the current fiscal year or
which would result in a reduction of his salary, rate of pay,
compensation or benefits for which he would qualify by continuing
in the same job position and classification held during said
fiscal year and subsequent years.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and shall be
liable to any party prevailing against the board for court costsand his reasonable attorney fee, as determined and established by
the court.
Notwithstanding any provisions in this code to the contrary,
service personnel who hold a continuing contract in a specific
job classification and 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-4-8g. Determination of seniority for service personnel.
The seniority for service personnel shall be determined in
the following manner:
Seniority accumulation for a regular school service employee
shall begin on the date such employee enters upon regular
employment duties pursuant to a contract as provided in section
five, article two of this chapter and shall continue until the
employee's employment as a regular employee is severed with the
county board of education. Seniority shall not cease to
accumulate when an employee is absent without pay as authorized
by the county board or the absence is due to illness or other
reasons over which the employee has no control as authorized by
the county board. Seniority accumulation for a substitute
employee shall begin upon the date the employee enters upon the
duties of a substitute as provided in section fifteen, article
four of this chapter, after executing with the board a contract
of employment as provided in section five, article two of this
chapter. The seniority of a substitute employee, onceestablished, shall continue until such employee enters into the
duties of a regular employment contract as provided in section
five, article two of this chapter or employment as a substitute
with the county board of education is severed. Seniority of a
regular or substitute employee shall continue to accumulate
except during the time when an employee is willfully absent from
employment duties because of a concerted work stoppage or strike
or is suspended without pay.
For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article: Provided, That when implementing a reduction in
force, an employee with the least seniority within a particular
classification category shall be properly released and placed on
the preferred recall list. The particular classification title
held by an employee within the classification category shall not
be taken into consideration when implementing a reduction in
force.
On or before the first day of September and the fifteenth
day of January of each school year, county boards of education
shall post at each county school or working station the current
seniority list or lists of each school service classification.
Each list shall contain the name of each regularly employed
school service personnel employed in each classification and the
date that each employee began performing his assigned duties in
each classification. Current seniority lists of substitute
school service personnel shall be available to employees uponrequest at the county board of education office.
The seniority of an employee who transfers out of a class
title or classification category of employment and subsequently
returns to said class title or classification category of
employment shall be calculated as follows:
The county board of education shall establish the number of
calendar days between the date the employee left the class title
or category of employment in question and the date of return to
the class title or classification category of employment. This
number of days shall be added to the employee's initial seniority
date to establish a new beginning seniority date within the class
title or classification category. The employee shall then be
considered as having held uninterrupted service within the class
title or classification category from the newly established
seniority date. The seniority of an employee who has had a break
in the accumulation of seniority as a result of being willfully
absent from employment duties because of a concerted work
stoppage or strike shall be calculated in a like manner.
A substitute school service employee may acquire regular
employment status and seniority if said employee receives a
position pursuant to section fifteen, subsections (2) and (5)
article four of this chapter. County boards of education shall
not be prohibited from providing any benefits of regular
employment for substitute employees, but such benefits shall not
include regular employee status and seniority.
If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system
established by the employees and approved by the county board.
A board of education shall conduct such random selection within
thirty days upon said employees establishing an identical
seniority date. All employees with an identical seniority date
within the same class title or classification category shall
participate in the random selection. As long as the affected
employees hold identical seniority within the same classification
category, the initial random selection conducted by the board of
education shall be permanent for the duration of the employment
within the same classification category of said employees by the
board of education. This random selection priority shall apply
to the filling of vacancies and to the reduction in force of
school service personnel.
Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in
the same classification category of employment shall be given
first opportunity to fill such vacancy.
Seniority acquired as a substitute and as a regular employee
shall be calculated separately and shall not be combined for any
purpose. Seniority acquired within different classification
categories shall be calculated separately:
Provided
, That when
a school service employee makes application for a position
outside of the classification category currently held, if the
vacancy is not filled by an applicant within the classification
category of the vacancy, the applicant shall combine all regular
employment seniority acquired for the purposes of bidding on the
position.
School service personnel who hold multi-classification
titles shall accrue seniority in each classification category ofemployment which said employee holds and shall be considered an
employee of each classification category contained within his
multi-classification title. Multi-classified employees shall be
subject to reduction in force in any category of employment
contained within their multi-classification title based upon the
seniority accumulated within said category of employment:
Provided,
That if a multi-classified employee is reduced in force
in one classification category, said employee shall retain
employment in any of the other classification categories that he
holds within his multi-classification title. In such a case, the
county board of education shall delete the appropriate
classification title or classification category from the contract
of the multi-classified employee.
When applying to fill a vacancy outside the classification
categories held by the multi-classified employee, seniority
acquired simultaneously in different classification categories
shall be calculated as if accrued in one classification category
only.
The seniority conferred herein shall apply retroactively to
all affected school service personnel, but the rights incidental
thereto shall commence as of the effective date of this section.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-2. Holidays; closing of schools; time lost because of
such; special Saturday classes.
Schools shall not be kept open on any Saturday nor on the
following days which are designated as legal school holidays,
namely: Independence Day, Labor Day, Veterans Day, Thanksgiving
Day, Christmas Day, New Year's Day, Martin Luther King'sbirthday, Memorial Day, West Virginia Day, and any day on which
a primary election, general election or special election is held
throughout the state or school district and any day appointed and
set apart by the president or the governor as a holiday of
special observance by the people of the state.
When any such holiday falls within the employment term, it
shall be considered as a day of the employment term and the full-
time school personnel shall receive his or her pay for same.
When any of the above designated holidays, except a special
election, falls on Saturday, the schools shall be closed on the
preceding Friday; when any such falls on Sunday, the schools
shall be closed on the following Monday.
Special classes may be conducted on Saturdays, provided they
are conducted on a voluntary basis, for pupils and by teachers
and service personnel, and that such teachers and service
personnel shall be remunerated in ratio to the regularly
contracted pay.
Any school or schools may be closed by proper authorities on
account of the prevalence of contagious disease, conditions of
weather or any other calamitous cause over which the board has no
control. Under any or all of the above provisions, the time lost
by the closing of schools is counted as days of employment and as
meeting a part of the requirements of the minimum term of one
hundred eighty days of instruction. On such day or days, county
boards of education may provide appropriate alternate work
schedules for professional and service personnel affected by the
closing of any school or schools under any or all of the above
provisions. Professional and service personnel shall receive paythe same as if school were in session. Insofar as funds are
available or can be made available during the school year, the
board may extend the employment term for the purpose of making up
time that might affect the instructional term.
In addition to any other provisions of this chapter, the
board is further authorized to provide in its annual budget for
meetings, workshops, vacation time or other holidays through
extended employment of personnel at the same rate of pay.
§18A-5-8. Authority of certain aides to exercise control over
pupils; compensation; transfers.
(a) Within the limitations provided herein, any aide who
agrees to do so shall stand in the place of the parent or
guardian and shall exercise such authority and control over
pupils as is required of a teacher as defined and provided in
section one of this article. The principal shall designate such
aides in the school who agree to exercise such authority on the
basis of seniority as an aide and shall enumerate the instances
in which such authority shall be exercised by an aide when
requested by the principal, assistant principal or professional
employee to whom the aide is assigned:
Provided,
That such
authority does not extend to suspending or expelling any pupil,
participating in the administration of corporal punishment or
performing instructional duties as a teacher or substitute
teacher.
An aide designated by the principal under this subsection
shall receive a salary not less than one pay grade above the
minimum salary to which said aide would otherwise be entitled
under section eight-a, article four of this chapter, and anycounty salary schedule in excess of the minimum requirements of
this article.
(b) An aide shall not be required by the operation of this
section to perform noninstructional duties for an amount of time
which exceeds that required under the aide's contract of
employment or that required of other aides in the same school,
unless the assignment of such duties is mutually agreed upon by
the aide and the county superintendent, or the superintendent's
designated representative, subject to board approval. The terms
and conditions of such agreement shall be in writing, signed by
both parties, and may include additional benefits. Such
agreement shall be uniform as to aides assigned similar duties
for similar amounts of time within the same school. Aides shall
have the option of agreeing to supervise students and of renewing
related assignments annually:
Provided,
That should an aide
elect not to renew the previous agreement to supervise students,
the minimum salary of such aide shall revert to the pay grade
specified in section eight-a, article four of this chapter for
the classification title held by the aide and any county salary
schedule in excess of the minimum requirements of this article.
(c) For the purposes of this section, aide shall mean and
include any aide class title as defined in section eight, article
four of this chapter, regardless of numeric classification.
(d) An aide may transfer to another position of employment
one time only during any half of a school term, unless otherwise
mutually agreed upon by the aide and the county superintendent,
or the superintendent's designee, subject to board approval:
Provided,
That during the first year of employment as an aide, anaide shall not transfer to another position of employment during
the first one-half school term of employment, unless mutually
agreed upon by the aide and county superintendent, subject to
board approval.
(e) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall
be required to hold a high school diploma or have received a
general educational development certificate and shall have
opportunity to receive appropriate training pursuant to
subsection (10), section thirteen, article five, chapter eighteen
of this code and section two, article twenty of said chapter.