H. B. 4621


(By Delegate Fealy (By Request))
[Introduced February 28, 1994; referred to the
Committee on Education.]




A BILL to amend and reenact section sixteen, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to extracurricular assignments of professional and service personnel and prohibiting the board of education, superintendent or designated representative from discontinuing the assignment of service personnel to an extracurricular assignment and allowing professional personnel to take over the assignment when both are certified for the position and good cause for removal is not shown.
Be it enacted by the Legislature of West Virginia:

That section sixteen, 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:
§ 18A - 4 - 16. Extracurricular assignments.

(1) The assignment of teachers and service personnel to extracurricular assignments shall be made only by mutual agreement of the employee and the superintendent, or designated representative, subject to board approval. Extracurricular duties shall mean, but not be limited to, any activities that occur at times other than regularly scheduled working hours, which include the instructing, coaching, chaperoning, escorting, providing support services or caring for the needs of students, and which occur on a regularly scheduled basis.

(2) The employee and the superintendent, or a designated representative, subject to board approval, shall mutually agree upon the maximum number of hours of extracurricular assignment in each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the employee and the board of education shall be in writing and signed by both parties.
(4) An employee's contract of employment shall be separate from the extracurricular assignment agreement provided for in this section and shall not be conditioned upon the employee's acceptance or continuance of any extracurricular assignment proposed by the superintendent, a designated representative, or the board.
(5) In the event that a member of the professional personnel desires to take over an assignment currently assigned to a member of service personnel, the extracurricular assignment agreement between the member of service personnel and the board, superintendent, or designated representative shall not be terminated without the showing of good cause when both employees are certified or qualified for the position.



NOTE: The purpose of this bill is to prohibit the board of education, superintendent, or designated representative from removing service personnel from an assignment to an extracurricular activity and allowing professional personnel to take over the assignment when the professional and service personnel are both qualified or certified for the assignment and good cause has not been shown for the removal.

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