H. B. 4618


(By Delegates Brum, Fealy, Browning,

Pethtel, D. Cook and Anderson)

[Introduced February 28, 1994; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact section thirty-nine, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing county boards of education to establish mandatory summer school programs and to require attendance in summer school programs for students who meet certain criteria; and prohibiting county boards from charging tuition for mandatory summer school programs.
Be it enacted by the Legislature of West Virginia:

That section, thirty-nine, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§ 18 - 5 - 39. Establishment of summer school programs; tuition.

Inasmuch as the present county school facilities for the most part lie dormant and unused during the summer months, and inasmuch as there are many students who are in need of remedial instruction and others who desire accelerated instruction, it is the purpose of this section to provide for the establishment of a summer school program, which program is to be separate and apart from the full school term as established by each county.

The board of education of any county shall have authority to establish a summer school program utilizing the public school facilities and to charge tuition for students who attend such summer school, such tuition not to exceed in any case the actual cost of operation of such summer school program: Provided, That any deserving pupil whose parents, in the judgment of the board, are unable to pay such tuition, may attend at a reduced charge or without charge. The county board of education shall have the authority to determine the term and curriculum of such summer schools based upon the particular needs of the individual county. The curriculum may include, but is not limited to, remedial instruction, accelerated instruction, and the teaching of manual arts. The term of such summer school program may not be established in such a manner as to interfere with the regular school term.
In addition to the foregoing, the board of education of any county shall have authority to establish a mandatory remedial summer school program. Any county board of education which chooses to establish a mandatory remedial summer school program shall have the authority to require attendance in that program by all students who have a grade point average below one point five (1.5) out of a four (4) point scale and all students who have been retained in the same grade level from one school year to the next. Any county board of education that establishes a mandatory remedial summer school program shall have authority to compel the attendance of students who meet the foregoing criteria according to the provisions of article eight of this chapter: Provided, That all exemptions set forth in article eight of this chapter shall also apply to mandatory summer school attendance. County boards of education shall not charge tuition to students required to attend a mandatory remedial summer school program and the term of such program shall not be established in such a manner as to interfere with the regular school term.
The county boards may employ as teachers for this any summer school program any certified teacher. Certified teachers employed by the county board to teach in the summer school program shall be paid an amount to be determined by the county board and shall enter into a contract of employment in such form as is prescribed by the county board: Provided, That teachers who teach summer courses of instruction which are offered for credit and which are taught during the regular school year and teachers who teach summer courses in mandatory remedial summer school programs shall be paid at the same daily rate such teacher would receive if paid in accordance with the then current minimum monthly salary in effect for teachers in that county.
Any funds accruing from such tuitions shall be credited to and expended within the existing framework of the general current expense fund of the county board.
Notwithstanding any other provision of this code to the contrary, the board shall fill professional positions established pursuant to the provisions of this section on the basis of certification and length of time the professional has been employed in the county's summer school program. In the event that no employee who has been previously employed in the summer school program holds a valid certification or licensure, a board shall fill the position as a classroom teaching position in accordance with section eight-b, article four, chapter eighteen-a of this code.
Notwithstanding any other provision of the code to the contrary, the county board of education is authorized to employ school service personnel to perform any related duties outside the regular school term as defined in section eight, article four, chapter eighteen-a of this code. An employee who was employed in any service personnel job or position during the immediate previous summer shall have the option of retaining such job or position if such exists during any succeeding summer. If such employee is unavailable or if the position is newly created, the position shall be filled pursuant to section eight-b, article four, chapter eighteen-a of this code. When any summer employee who is employed in a summer position is granted a leave of absence for the summer months, the board shall give regular employment status to such employee for that summer position which shall be filled under the procedure set forth in section eight-b, article four, chapter eighteen-a of this code. The summer employee on leave of absence shall have the option of returning to that summer position if such exists the succeeding summer or whenever such position is reestablished if it were abolished. The salary of a summer employee shall be in accordance with the salary schedule of persons regularly employed in the same position in the county where employed.
If a county board reduces in force the number of employees to be employed in a particular summer program or classification from the number employed in such position in previous summers, such reductions in force and priority in reemployment to such summer positions shall be based upon the length of service time in the particular summer program or classification.
For the purpose of this section, summer employment for service personnel shall be defined, but not limited to, filling jobs and positions as defined in section eight, article four, chapter eighteen-a of this code and especially established for and which are to be predominantly performed during the summer months to meet the needs of a county board of education.



NOTE: The purpose of this bill is to authorize county boards of education to establish mandatory summer school programs and to require attendance in summer school programs for students who meet certain criteria. The bill prohibits county boards from charging tuition for mandatory summer school programs.

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