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.