H. B. 2661
(By Delegate Yeager)
[Introduced February 23, 1995; referred to the Committee
Health and Human Resources then Finance.]
A BILL to amend and reenact section twenty-two, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section thirteen, article two, chapter eighteen-a of said
codes; to amend and reenact sections eight and eight-a,
article four of said chapter; and to amend and reenact
section eight, article five of said chapter, all relating to
medical and dental inspections; school nurses; specialized
health procedures; council of school nurses; guidelines for
school cooks; employment terms and class titles of service
personnel; service personnel minimum monthly salaries;
public school personnel; aides exercising control over pupils.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article five, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that section thirteen,
article two, chapter eighteen-a of said code be amended and
reenacted; that sections eight and eight-a, article four of said
chapter be amended and reenacted; and that section eight, article
five of said chapter, be amended and reenacted, all to read as
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of
council of school nurses.
County boards of education shall provide proper medical and
dental inspections for all pupils attending the schools of their
county and shall further have the authority to take any other
action necessary to protect the pupils from infectious diseases,
including the authority to require from all school personnel
employed in their county, certificates of good health and of
Each county board of education shall employ full time at
least one school nurse for every one thousand five hundred
kindergarten through seventh grade pupils in net enrollment or
major fraction thereof: Provided, That each county shall employ
full time at least one school nurse: Provided, however, That a
county board may contract with a public health department for
services deemed equivalent to those required by this section in
accordance with a plan to be approved by the state board:
Provided further, That the state board shall promulgate rules and
regulations requiring the employment of school nurses in excess
of the number required by this section to ensure adequate
provision of services to severely handicapped pupils.
Any person employed as a school nurse shall be a registered
professional nurse properly licensed by the West Virginia board
of examiners for registered professional nurses in accordance
with article seven, chapter thirty of this code.
Beginning with the school year one thousand nine hundred
ninety-one, specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional, shall
be performed only by school nurses, other licensed school health care providers as provided for in this section, or school
employees who have been trained and retrained every two years and
subject to the supervision and approval by school nurses. After
assessing the health status of the individual student, a school
nurse, in collaboration with the student's physician, parents and
in some instances an individualized education program team, may
delegate certain health care procedures to a school employee who
shall be trained pursuant to this section, deemed competent, have
consultation with, and be monitored or supervised by the school
nurse: Provided, That nothing herein
shall may prohibit any
school employee from providing specialized health procedures or
any other prudent action to aid any person who is in acute
physical distress or requires emergency assistance. For the
purposes of this section "specialized health procedures" means,
but is not limited to, catheterization, suctioning of
tracheostomy, naso-gastric tube feeding or gastrostomy tube
feeding. and "School employee" means teachers as defined in
section one, article one of this chapter and aides as defined in
section eight, article four-a, chapter eighteen-a of this code.
Any school employee who elects or is required by this section to undergo training or retraining to provide, in the
manner specified herein,
such the specialized health care
procedures and for whom such the selection has been approved by
both the principal and the county board, may shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: at the discretion of
the county board Provided, That any training may be considered
in lieu of required in-service training of such the school
employee and a school employee cannot may not be required to
elect to undergo the training or retraining: Provided, however,
That commencing with the first day of July, one thousand nine
hundred eighty-nine, any newly employed school employee in the
field of special education shall be required to undergo the
training and retraining as provided for in this section.
Each county school nurse, as designated and defined by this
section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional
educational service agency, prepare recommendations and elect a
representative to serve on the council of school nurses.
There shall be established a council of school nurses which shall be convened by the state board of education. This council
shall prepare a procedural manual and shall provide
recommendations regarding a training course to the director of
the state department of health who shall consult with the state
department of education. The state department of health shall
then have the authority to promulgate rules
and regulations to
implement the training and to create standards used by those
performing specialized health procedures. The council shall meet
every two years to review the certification and training program
regarding school employees.
The state board of education shall work in conjunction with
county boards to provide training and retraining every two years
as recommended by the council of school nurses and implemented by
the state department of health.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-13. Recommended guidelines for full-day and one-half-day
Each county board of education shall: (1) Require each
school to report: (a) The number of meals served; (b) the number
of cooks employed; and (c) the average number of meals served per
cooks hours worked; and (2) submit a county-wide report to the state superintendent of schools delineating the above information
by the first day of November, one thousand nine hundred ninety-
four. The state superintendent of schools shall report such
information to the legislative oversight commission on education
accountability by the first day of January, one thousand nine
hundred ninety-five.The following guidelines are recommended to be used when
scheduling full-day and one-half-day cooks:
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cooks Hours Worked
A meal prepared for a school lunch shall be established as
a whole meal. Other meals shall be equal to three-fourths of a
school lunch meal.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel
shall may be no less than ten months, a
month being defined as twenty employment days: Provided, That the
county board of education may contract with all or part of these
personnel for a longer term. The beginning and closing dates of
the ten-month employment term shall may not exceed forty-three weeks.
Service personnel employed on a yearly or twelve-month basis
may be employed by calendar months. Whenever there is a change
in job assignment during the school year, the minimum pay scale
and any county supplement shall be applicable.
Service personnel employed in the same classification for
more than the two hundred day minimum employment term shall be
paid for additional employment at a daily rate of not less than
the daily rate paid for the two hundred day minimum employment
No service employee, without his or her agreement,
be required to report for work more than five days per week and
no part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
Should an employee whose regular work week is scheduled from
Monday through Friday agree to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least
one-half day of work for each such day he or she reports for
work, and if the employee works more than three and one-half
hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each such day.
Custodians, aides, maintenance, office and school lunch
employees Service personnel required to work a daily work
schedule that is interrupted, that is, who do not work a
continuous period in one day, shall be paid additional
compensation which shall be equal to at least one-eighth of their
total salary as provided by their state minimum salary and any
county pay supplement, and payable entirely from county funds:
Provided, That when engaged in duties of transporting students
exclusively, aides shall may not be regarded as working an
interrupted schedule: Provided, however, That bus operators may
not be regarded as working an interrupted schedule unless they
hold a multiclassification title. Bus operator interrupted work
schedule additional pay may be no less than whichever is the
greater of the one-eighth pay as provided herein or at the
federal minimum hourly rate of pay for each hour worked other
than as a bus operator.
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
his or her salary shall be made to comply with the requirements of this article, and to any county salary schedule in excess of
the minimum requirements of this article, based upon his or her
advanced classification and allowable years of employment.
An employee's contract as provided in section five, article
two of this chapter shall state the appropriate monthly salary
the employee is to be paid, based on the class title as provided
in this article and any county salary schedule in excess of the
minimum requirements of this article.
The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined
"Pay grade" means the monthly salary applicable to class
titles of service personnel.
"Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board of education in any position prior to or subsequent to the
effective date of this section and including service in the armed
forces of the United States if the employee were employed at the
time of his or her induction. For the purpose of section eight-a
of this article, years of employment shall be limited to the number of years shown and allowed under the state minimum pay
scale as set forth in section eight-a of this article.
"Class title" means the name of the position or job held by
"Accountant I" means personnel employed to maintain payroll
records and reports and perform one or more operations relating
to a phase of the total payroll.
"Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting
process associated with billing, budgets, purchasing and related
"Accountant III" means personnel who are employed in the
county board of education office to manage and supervise accounts
payable and/or payroll procedures.
"Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide.
"Aide II" means those personnel referred to in the "Aide I"
classification who have completed a training program approved by
the state board of education, or who hold a high school diploma or have received a general educational development certificate.
Only personnel classified in an Aide II class title
shall may be
employed as an aide in any special education program.
"Aide III" means those personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate, and have completed six
semester hours of college credit at an institution of higher
education or are employed as an aide in a special education
program and have one year's experience as an aide in special
"Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed
eighteen hours of state board-approved college credit at a
regionally accredited institution of higher education, or who
have completed fifteen hours of state board-approved college
credit at a regionally accredited institution of higher education
and successfully completed an in-service training program
determined by the state board to be the equivalent of three hours
of college credit.
"Audiovisual technician" means personnel employed to perform
minor maintenance on audiovisual equipment, films, supplies and
the filling of requests for equipment.
"Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
"Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board: Provided, That the state board shall
determine these standards and experience on or before the first
day of July, one thousand nine hundred ninety-two.
"Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
"Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board of education.
"Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined
specifications at the lowest available costs.
"Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture.
"Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial
reports and keeping records pertinent to food services of a
"Carpenter I" means personnel classified as a carpenter's
"Carpenter II" means personnel classified as a journeyman
"Chief mechanic" means personnel employed to be responsible
for directing activities which ensure that student transportation
or other board-owned vehicles are properly and safely maintained.
"Clerk I" means personnel employed to perform clerical
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
"Computer operator" means qualified personnel employed to
"Cook I" means personnel employed as a cook's helper.
"Cook II" means personnel employed to interpret menus, to
prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for
a period of four years, if
such the personnel have not been
elevated to this classification within that period of time.
"Cook III" means personnel employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school
system. There shall be at least one "Cook III" employed in each
school where meals are prepared.
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned
"Custodian I" means personnel employed to keep buildings clean and free of refuse.
"Custodian II" means personnel employed as a watchman or
"Custodian III" means personnel employed to keep buildings
clean and free of refuse, to operate the heating or cooling
systems and to make minor repairs.
"Custodian IV" means personnel employed as head custodians.
In addition to providing services as defined in "Custodian III,"
their duties may include supervising other custodian personnel.
There shall be at least one "Custodian IV" employed in each
"Director or coordinator of services" means personnel who
are assigned to direct a department or division. Nothing herein
shall may prohibit professional personnel or professional
educators as defined in section one, article one of this chapter,
from holding this class title, but professional personnel shall
may not be defined or classified as service personnel unless the
professional personnel held a service personnel title under this
section prior to holding class title of "director or coordinator
of services:" Provided, That funding for professional personnel in positions classified as directors or coordinators of services
who were assigned prior to the first day of May, one thousand
nine hundred ninety-four, shall may not be required to be
redirected from service personnel categories as a result of this
provision until the first day of July, one thousand nine hundred
ninety-six. Thereafter, directors or coordinators of service
positions shall be classified as either a professional personnel
or service personnel position for state aid formula funding
purposes and funding for directors or coordinators of service
positions shall be based upon the employment status of the
director or coordinator either as a professional personnel or
"Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued
by the state fire marshal.
"Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment.
"Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant
"Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and
supervise a county school system's food service program. The
duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency, and
keeping aggregate records and reports.
"Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of
school property and equipment.
"General maintenance" means personnel employed as helpers to skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system.
"Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic
"Groundsmen" means personnel employed to perform duties that
relate to the appearance, repair and general care of school
grounds in a county school system. Additional assignments may
include the operation of a small heating plant and routine
cleaning duties in buildings.
"Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system.
"Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
"Heating and air conditioning mechanic II" means personnel
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical equipment.
"Heavy equipment operator" means personnel employed to
operate heavy equipment.
"Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain
locks and safes.
"Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
"Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer,
shaper, threading machine and wheel press. Such personnel should
also have ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
"Maintenance clerk" means personnel employed to maintain and
control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts.
"Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
"Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of
automobiles, school buses and other mechanical and mobile
equipment to use in a county school system.
"Mechanic assistant" means personnel employed as a mechanic
apprentice and helper.
"Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section. In such instances the minimum salary scale shall
be the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as
an office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment. Personnel shall be responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair.
"Painter" means personnel employed to perform duties of
painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system.
"Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of pupils
under the direction of a principal, a teacher, or another
designated professional educator: Provided, That no person
employed on the effective date of this section in the position of
an aide may be reduced in force or transferred to create a
vacancy for the employment of a paraprofessional: Provided, That
if any employee has held or holds an aide title and becomes
employed as a paraprofessional, the employee shall hold a multi-
classification status that includes aide and paraprofessional
"Plumber I" means personnel employed as an apprentice
plumber and helper.
"Plumber II" means personnel employed as a journeyman
"Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials.
"Printing supervisor" means personnel employed to supervise
the operation of a print shop.
"Programmer" means personnel employed to design and prepare
programs for computer operation.
"Roofing/sheet metal mechanic" means personnel employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation.
"Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
"School bus supervisor" means qualified personnel employed
to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses
and promoting good relationships with parents, pupils, bus
operators and other employees.
"Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines.
"Secretary II" means personnel employed in any elementary,
secondary, kindergarten, nursery, special education, vocational
or any other school as a secretary. The duties may include
performing general clerical tasks, transcribing from notes or
stenotype or mechanical equipment or a sound-producing machine,
preparing reports, receiving callers and referring them to proper
persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied herein that
such the employees from holding or being elevated
to a higher classification.
"Secretary III" means personnel assigned to the county board
of education office administrators in charge of various
instructional, maintenance, transportation, food services, operations and health departments, federal programs or
departments with particular responsibilities of purchasing and
financial control or any personnel who have served in a position
which meets the definition of "Secretary II" or "Secretary III"
herein for eight years.
"Supervisor of maintenance" means skilled personnel not
defined as professional personnel or professional educators as in
section one, article one of this chapter. The responsibilities
would include directing the upkeep of buildings and shops,
issuing instructions to subordinates relating to cleaning,
repairs and maintenance of all structures and mechanical and
electrical equipment of a board of education.
"Supervisor of transportation" means qualified personnel
employed to direct school transportation activities, properly and
safely, and to supervise the maintenance and repair of vehicles,
buses, and other mechanical and mobile equipment used by the
county school system.
"Switchboard operator-receptionist" means personnel employed
to refer incoming calls, to assume contact with the public, to
direct and to give instructions as necessary, to operate switchboard equipment and to provide clerical assistance.
"Truck driver" means personnel employed to operate light or
heavy duty gasoline and diesel-powered vehicles.
"Warehouse clerk" means personnel employed to be responsible
for receiving, storing, packing and shipping goods.
"Watchman" means personnel employed to protect school
property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning
"Welder" means personnel employed to provide acetylene or
electric welding services for a school system.
In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee shall, notwithstanding any provisions in this code to
the contrary, be entitled to all service personnel employee
rights, privileges and benefits provided under this or any other
chapter of this code without regard to
such the employee's hours
of employment or the methods or sources of compensation.
Service personnel whose years of employment exceed the
number of years shown and provided for under the state minimum pay scale set forth in section eight-a of this article may not be
paid less than the amount shown for the maximum years of
employment shown and provided for in the classification in which
he or she is employed.
The county boards shall review each service personnel
employee job classification annually and shall reclassify all
service employees as required by
such the job classifications.
The state superintendent of schools is hereby authorized to
withhold state funds appropriated pursuant to this article for
salaries for service personnel who are improperly classified by
such the county boards. Further, he or she shall order county
boards to correct immediately any improper classification matter
and with the assistance of the attorney general shall take any
legal action necessary against any county board to enforce such
No service employee, without his or her written consent, may
be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the current fiscal year or which would result in a reduction of his
or her salary, rate of pay, compensation or benefits for which he
or she would qualify by continuing in the same job position and
classification held during said fiscal year and subsequent years.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and shall be
liable to any party prevailing against the board for court costs
and his or her reasonable attorney fee, as determined and
established by the court.
Notwithstanding any provisions in this code to the contrary,
service personnel who hold a continuing contract in a specific
job classification and are physically unable to perform the job's
duties as confirmed by a physician chosen by the employee shall
be given priority status over any employee not holding a
continuing contract in filling other service personnel job
vacancies if qualified as provided in section eight-e of this
§18A-4-8a. Service personnel minimum monthly salaries.
STATE MINIMUM PAY SCALE PAY GRADE
A B C D E F G H
0 950 9701,0101,0601,1101,1701,2001,270
1 972 9921,0321,0821,1321,1921,2221,292
STATE MINIMUM PAY SCALE PAY GRADE I
A B C D E F G H
CLASS TITLE PAY GRADE
ntant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Autism Mentor . . . . . . . . . . . . . . . . . . . E
Braille or Sign Language Specialist . . . . . . . . E
Bus Operator D
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
General Maintenance C
Graphic Artist D
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Lubrication Man C
Mail Clerk D
Maintenance Clerk C
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
(1) The minimum monthly pay for each service employee whose
employment is for a period of more than three and one-half hours
a day shall be at least the amounts indicated in the "state
minimum pay scale pay grade" and the minimum monthly pay and the
minimum monthly pay for each service employee whose employment is
for a period of three and one half hours or less a day shall be
at least one-half the amount indicated in the "state minimum pay
scale pay grade" set forth in this section: Provided, That on
and after the first day of July, one thousand nine hundred
ninety-four, the minimum monthly pay for each service employee
whose employment is for a period of more than three and one-half
hours a day shall be at least the amounts indicated in the "state
minimum pay scale pay grade I" as set forth in this section, and
the minimum monthly pay for each service employee whose
employment is for a period of three and one-half hours or less a day shall be at least one half the amount indicated in the "state
minimum pay scale pay grade I" set forth in this section.
(2) An additional ten dollars per month shall be added to
the minimum monthly pay of each service employee who holds a high
school diploma or its equivalent.
(3) An additional ten dollars per month shall also be added
to the minimum monthly pay of each service employee who holds
twelve college hours or comparable credit obtained in a trade or
vocational school as approved by the state board of education.
(4) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p.m. and
five o'clock a.m. following, the employee shall be paid no less
than an additional ten dollars per month and one half of
pay shall be paid with local funds.
(5) Any service employee required to work on any legal
school holiday shall be paid at a rate one and one-half times
such the employee's usual hourly rate.
(6) Any full-time service personnel required to work in
excess of their normal working day during any week which contains
a school holiday for which they are paid shall be paid for
such the additional hours or fraction thereof at a rate of one and
one-half times their usual hourly rate and paid entirely from
county board of education funds.
(7) No service employee
shall may have his or her daily work
schedule changed during the school year without such the
employee's written consent, and such the employee's required
daily work hours shall may not be changed to prevent the payment
of time and one-half wages or the employment of another employee.
(8) The minimum hourly rate of pay for extra duty
assignments as defined in section eight-b of this article shall
be no less than one seventh of the employee's daily total salary
for each hour the employee is involved in performing the
assignment and paid entirely from local funds: Provided, That an
alternative minimum hourly rate of pay for performing extra duty
assignments within a particular category of employment may be
utilized if the alternate hourly rate of pay is approved both by
the county board of education and by the affirmative vote of a
two-thirds majority of the regular full-time employees within
that classification category of employment within that county:
Provided, however, That the vote shall be by secret ballot if so requested by a service personnel employee within that
classification category within that county. The salary for any
fraction of an hour the employee is involved in performing the
assignment shall be prorated accordingly. When performing extra
duty assignments, employees who are regularly employed on a
one-half day salary basis shall receive the same hourly extra
duty assignment pay computed as though
such an the employee were
employed on a full-day salary basis.
(9) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties
required for asbestos removal shall be their regular total daily
rate of pay and no less than an additional three dollars per hour
or no less than five dollars per hour for service personnel
supervising asbestos removal responsibilities for each hour these
employees are involved in asbestos related duties. Related
duties required for asbestos removal shall include, but not be
limited to planning for the removal of asbestos, preparation of
proposals, plans or other relevant documents required for
approval of an asbestos project, travel, preparation of the work
site including taking test samples and filling reports concerning the results of the tests, removal of asbestos and other
byproducts and transportation of this material to the storage
site, decontamination of the work site, placing and removal of
equipment, making any reports, preparation of post-project
reports necessary for completion of the project, and removal of
structures from the site. If any member of an asbestos crew is
engaged in asbestos related duties outside of the employee's
regular employment county, the daily rate of pay shall be no less
than the minimum amount as established in the employee's regular
employment county for asbestos removal and an additional thirty
dollars per each day the employee is engaged in asbestos removal
and related duties. The additional pay for asbestos removal and
related duties shall be payable entirely from county funds.
Before service personnel employees may be utilized in the removal
of asbestos material or related duties, they shall have completed
a federal Environmental Protection Act approved training program
and be licensed. The employer shall provide all necessary
protective equipment and maintain all records required by the
Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a
supervisory aide and control over pupils if the aide is required
to supervise, control, direct, monitor, escort or render service
to a child or children when not under the direct supervision of
certificated professional personnel within the classroom,
library, hallway, lunchroom, gymnasium, school building, school
grounds or wherever such supervision is required. Under the
direct supervision of certificated professional personnel means
that certificated professional personnel is present, with and
accompanying the aide.
(11) The minimum clerical help in schools shall be provided
as follows: (A) Schools with up to three hundred students, one
full-day secretary; (B) schools with three hundred to five
hundred students, both inclusive, one full-day secretary and one
half-day additional clerical help; and (C) schools with more than
five hundred students, one full-day secretary and one full-day
additional clerical help.
(12) Notwithstanding the provisions of section six, article
two of this chapter, county boards of education shall be prohibited from reducing the employment terms of school service
personnel without the written consent of the affected employee in
the current fiscal year or for subsequent fiscal years. County
boards of education may not circumvent this prohibition by
terminating the contract of employment of a school service
personnel and issuing a new contract of employment to the
employee at a reduced term of employment.
§18A-5-8. Authority of certain aides to exercise control over
pupils; compensation; transfers.
(a) Within the limitations provided herein, any aide who
agrees to do so shall stand in the place of the parent or
guardian and shall exercise such authority and control over
pupils as is required of a teacher as defined and provided in
section one of this article. The principal shall designate
aides in the school who agree to exercise such that authority on
the basis of seniority as an aide and shall enumerate the
instances in which such the authority shall be exercised by an
aide when requested by the principal, assistant principal or
professional employee to whom the aide is assigned: Provided,
That such the authority does not extend to suspending or
expelling any pupil, participating in the administration of corporal punishment or performing instructional duties as a
teacher or substitute teacher.
An aide designated by the principal under this subsection
shall receive a salary not less than one pay grade above the
minimum salary to which said aide would otherwise be entitled
highest pay grade held by the employee under section eight-a,
article four of this chapter, and any county salary schedule in
excess of the minimum requirements of this article.
(b) An aide
shall may not be required by the operation of
this section to perform noninstructional duties for an amount of
time which exceeds that required under the aide's contract of
employment or that required of other aides in the same school,
unless the assignment of such duties is mutually agreed upon by
the aide and the county superintendent, or the superintendent's
designated representative, subject to board approval. The terms
and conditions of such the agreement shall be in writing, signed
by both parties, and may include additional benefits. Such The
agreement shall be uniform as to aides assigned similar duties
for similar amounts of time within the same school. Aides shall
have the option of agreeing to supervise students and of renewing related assignments annually: Provided, That should an aide
elect not to renew the previous agreement to supervise students,
the minimum salary of such the aide shall revert to the pay grade
specified in section eight-a, article four of this chapter for
the classification title held by the aide and any county salary
schedule in excess of the minimum requirements of this article.
(c) For the purposes of this section, aide shall mean and
include any aide class title as defined in section eight, article
four of this chapter, regardless of numeric classification.
(d) An aide may transfer to another position of employment
one time only during any
half one half of a school term, unless
otherwise mutually agreed upon by the aide and the county
superintendent, or the superintendent's designee, subject to
board approval: Provided, That during the first year of
employment as an aide, an aide shall may not transfer to another
position of employment during the first one-half school term of
employment, unless mutually agreed upon by the aide and county
superintendent, subject to board approval.
(e) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall be required to hold a high school diploma or have received a
general educational development certificate and shall have
opportunity to receive appropriate training pursuant to
subsection (10), section thirteen, article five, chapter eighteen
of this code and section two, article twenty of said chapter.
NOTE: The purpose of this bill is to require that state
personnel who undergo training for health care procedures receive
increased wages at the next highest pay grade; to create
guidelines for the number of cooks and custodians required at
schools; to define which bus operators work interrupted schedules
and the related pay grade; to provide for multiclassification for
an employee who is both an aide and a paraprofessional; to define
the duties of asbestos removal; to provide for minimum number of
clerical personnel in public schools; to provide standards for
reducing employment terms; to increase the pay grade for bus
operators with fifteen years or more service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.