H. B. 2588
(By Delegates Nichols, Talbott and Williams)
[Introduced February 21, 1995; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section eleven, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article nine-a,
chapter eighteen of said code by adding thereto a new
section, designated section twenty-five, all relating to
providing that if the teacher of the year chooses to work
with programs being carried on by the West Virginia
department of education and the arts or decides to go back
to school and further his or her own education, then he or
she shall be given a sabbatical, and in such case, the state
shall provide for an allowance for the teacher's salary to
the county from which the teacher worked.
Be it enacted by the Legislature of West Virginia:
That section eleven, article two, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article nine-a,
chapter eighteen of said code be amended by adding thereto a new
section, designated section twenty-five, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-11. Sabbatical leaves for teachers and certain aides.
(a) The state board shall by the first day of December, one
thousand nine hundred eighty-eight, establish by policy a
sabbatical leave program. Such program participation shall be
considered optional for each county board. Individuals employed
as professional educators, as defined in section one, article
one, chapter eighteen-a of this code, and aides shall be eligible
for the sabbatical leave program: Provided, That such aides
have a cumulative grade point of three and two-tenths on a
possible four point scale pursuant to successful completion of at
least sixty-four semester hours of course work at an approved
institution of higher education. Such policy shall establish the
educational objectives, peer selection criteria and other
guidelines the board deems necessary. The sabbatical leave
policy shall provide that not less than ninety-five percent of
sabbatical leaves granted shall be for classroom teachers and
such policy shall not provide for the granting of sabbatical
leave to any employee who has fewer than ten years of West
Virginia public school service, nor shall compensation during
such leave be more than one half of the employee's regular salary. While on sabbatical leave the employee shall be deemed
to be a full-time employee for purposes of years of experience
and participation in the teachers retirement system and the
public employee insurance program. Any employee receiving a
sabbatical leave shall be required to return to employment by the
board which granted the leave for a period of at least one year
or repay the compensation and benefits received during that time
and have deducted the retirement credit and years of service
credit accrued during sabbatical leave: Provided, however, That
sabbatical leaves for teachers and certain aides shall be
optional by the respective boards of education.
(b) Notwithstanding any other provision of law to the
contrary, if a teacher of the year either works with programs
carried on by the West Virginia department of education and the
arts or attends school at a college or university to further his
or her own education, the teacher shall receive a sabbatical from
his or her position until the time that he or she completes the
program that he or she is working on or obtains the degree that
he or she plans to achieve.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-25. State allowance for teacher of the year salary.
If a teacher of the year is given a sabbatical to work with
a program carried on by the West Virginia department of education
and the arts or attends school at a college or university to further his or her own education, then the state shall pay an
allowance to the county from which the teacher worked for the
full amount of the teacher's salary.
NOTE: The purpose of this bill is to allow teachers of the
year to take a year's sabbatical, and in such case, to provide
for the state to give the county an allowance for the full amount
of the teacher's salary.
Section twenty-five, article nine-a, chapter eighteen is
new; therefore, strike-throughs and underscoring have been
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.