Senate Bill No. 258

(By Senators Lucht, Humphreys, Felton, Grubb, Withers,

Blatnik, Wagner and Craigo)

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[Introduced March 3, 1993; referred to the Committee
Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section seventeen, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to salaries and benefits of department of education personnel; establishing the minimum salary scale for such professional and service personnel providing education and support services in facilities operated by the department of health and human resources and the division of corrections; minimum salary scale for professional personnel providing education services operated by the division of rehabilitation services; specifying seniority rights of such professional personnel; and designating that such professional and service personnel providing services in said facilities are state department of education employees.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article four, 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 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-17. Health and other facility employee salaries.

(a) The minimum salary scale for professional personnel and service personnel employed by the state department of education to provide educational and support services to residents of state department of health and human resources facilities, division of corrections facilities, and in the West Virginia schools for the deaf and the blind; and the minimum salary scale for professional personnel employed at state division of rehabilitation services facilities who are required to hold a teaching certificate issued by the state superintendent of schools shall be the same as set forth in sections two, three and eight-a of this article. Additionally, such personnel shall receive the equivalent of salary supplements paid to professional and service personnel employed by the county board of education in the county wherein each facility is located, as set forth in sections five-a and five-b of this article. Professional personnel and service personnel in these facilities who earn advance classification of training after the effective date of this section shall be paid such advanced salary from the date such classification of training is earned.
(b) Professional personnel employed by the department to provide educational service to residents in state department of health and human resources facilities, division of corrections facilities, division of rehabilitation services facilities, or in the West Virginia schools for the deaf and the blind, shall beafforded all the rights, privileges and benefits established for such professional personnel under this article: Provided, That such benefits shall apply only within the facility at which employed: Provided, however, That under circumstances requiring a reduction in force of the professional personnel at a state department of health facility, the rights, privileges and benefits of the professional personnel at such facility shall be transferable for the purposes of employment at employment at other department of health facilities Provided, however, That seniority for such professional personnel shall be determined on the basis of the length of time that the employee has been professionally employed at the facility, regardless of which state agency was the actual employer.
(c) Nothing contained in this section shall be construed to mean that professional personnel and service personnel employed by the department of education to provide educational and support services to residents in state department of health and human resources facilities, division of corrections facilities, and the West Virginia schools for the deaf and the blind, or professional personnel employed by the department of education to provide professional education services in division of rehabilitation services facilities are other than state department of education employees.



NOTE: The purpose of this bill is to specify the minimum salary scale for state Department of Education employees who provide professional and support services at facilities operatedby the Department of Health and Human Resources and the Division of Corrections and those providing professional educational services for which a teaching certificate issued by the state superintendent of schools who work at division of rehabilitation services facilities. The bill also specifies seniority rights for such professional personnel, and it designates such professional and service personnel as employees of the Department of Education.

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