H. B. 2760
(By Delegate Proudfoot)
(Originating in the House Committee on Education)
[February 24, 1995]
A BILL to amend and reenact section thirteen, article two, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eight, article four of said chapter, all relating to
recommending guidelines for school cooks; and employment
terms and class titles of service personnel.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article two, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section eight,
article four of said chapter be amended and reenacted, all to read
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 may 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 personnel;
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
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 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.
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
"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 school.
"Carpenter I" means personnel classified as a carpenter's helper.
"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 tasks.
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate office
"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
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned projects.
"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.
"Director or coordinator of services" means personnel who are
assigned to direct a department or division. Nothing herein
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 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 service personnel.
"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, as a secretary at a multi-
county vocational technical center or as a secretary who is
assigned to a position characterized by significant administrative
"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
"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
"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
holds an aide title and becomes employed as a paraprofessional,
the employee shall hold a multi-classification status that
includes aide and paraprofessional titles.
"Plumber I" means personnel employed as an apprentice plumber
"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
"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
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
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 article.