H. B. 2408
(By Delegates Williams, Hubbard, G. Martin and Osborne)
[Introduced February 8, 1995; 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 remedial
summer school programs and to compel attendance in such
programs of students who meet specific criteria set out
herein; and prohibiting county boards from charging tuition
for such mandatory summer 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
may 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 may 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
In addition to the foregoing, the board of education of any
county may establish a mandatory remedial summer school program.
Any county board of education which chooses to establish a
mandatory remedial summer school program may require attendance
in that program by all students who have a grade point average
below one point five out of a four point scale, all students who
have been retained in the same grade level from one school year to the next and any student who has failed to pass one or more of
the basic courses required by the state for graduation. Any
county board of education that establishes a mandatory remedial
summer school program may 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 also apply to mandatory
summer school attendance. County boards of education may not
charge tuition to students required to attend a mandatory
remedial summer school program and the term of such program may
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 may
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
shall be is 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 assist students who
need remedial instruction by authorizing county boards of
education to establish mandatory remedial summer school programs
wherein such students will receive remedial instruction.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.