H. B. 2447
(By Delegates Williams, Martin, G., Osborne, and Hubbard)
[Introduced February 10. 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 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
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:
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 (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 may compel
the attendance of students who meet the foregoing criteria
according to the provisions of article eight of this chapter:
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:
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 has 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 has 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 have 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 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.