Senate Bill No. 481
(By Senator Miller)
____________
[Introduced February 19, 1996; referred to the Committee
on Education; and then to the Committee on Finance.]
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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; to amend and reenact
section thirteen, article two, chapter eighteen-a of said
code; to amend and reenact sections eight, eight-a, eight-g,
fifteen and sixteen, article four of said chapter; to
further amend said article by adding thereto a new section,
designated section eight-h; and to amend and reenact section
eight, article five of said chapter, all relating to school
service personnel; summer employment; scheduling of cooks;
class titles; increasing minimum salaries; seniority
determination; limitation on number of school service
personnel positions to be held by an employee; substitutes;
extracurricular assignments; and compensation and transfers
of aids exercising control over pupils.
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; that section thirteen,
article two, chapter eighteen-a of said code be amended and
reenacted; that sections eight, eight-a, eight-g, fifteen and
sixteen, article four of said chapter, be amended and reenacted;
that said article be further amended by adding thereto a new
section, designated section eight-h; and that section eight,
article five of said chapter be amended and reenacted, all to
read as follows:
CHAPTER 18. EDUCATION.
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
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 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
school term.
The county boards may employ as teachers for this 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 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 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 and persons employed in
such positions shall be entitled to all rights, privileges, and
benefits provided in sections five-b, eight, eight-a, ten and
fourteen, article four, chapter eighteen-a: Provided, That such
persons shall not be entitled to a minimum employment term of
two-hundred days for their summer position.
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
service personnel shall be 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.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-13. Guidelines for full-day and half-day cooks.
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
1-90112.00
91-1351.512.00
136-180212.00
181-2252.512.00
226-270312.00
271-3153.512.00
316-360412.00
361-4054.512.00
406-450512.00
451-4955.512.00
496-540612.00
541-5856.512.00
586-630712.00
631-6757.512.00
676-720812.00
721-7658.512.00
766-810912.00
811-8559.512.00
856-9001012.00
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; definitions.
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel shall 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 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
term.
No service employee, without his or her agreement, shall 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 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
as follows:
"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
service personnel.
"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
operations.
"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 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
education.
"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
accounts.
"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
students.
"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
carpenter.
"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 machines.
"Computer operator" means qualified personnel employed to
operate computers.
"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 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.
"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
groundsman.
"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
shall 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 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 or as a secretary who is
assigned to a position characterized by significant administrative duties.
"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
illustrations.
"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
equipment.
"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
system.
"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
mail.
"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
laying.
"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,
however, That if any employee has held or holds an aide title and
becomes employed as a paraprofessional, autism mentor or braille
sign language specialist, the employee shall hold a
multiclassification title that includes an aide classification
title.
"Plumber I" means personnel employed as an apprentice
plumber and helper.
"Plumber II" means personnel employed as a journeyman
plumber.
"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
environmental protection.
"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
would prevent such 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
duties.
"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 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
the order.
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
article.
§18A-4-8a. Service personnel minimum monthly salaries.
STATE MINIMUM PAY SCALE PAY GRADE
Years
of
Employment
A B C D E F G H
0 950 970 1,010 1,060 1,110 1,170 1,200 1,270
1 972 992 1,032 1,082 1,132 1,192 1,222 1,292
2 994 1,014 1,054 1,104 1,154 1,214 1,244 1,314
3 1,016 1,036 1,076 1,126 1,176 1,236 1,266 1,336
4 1,038 1,058 1,098 1,148 1,198 1,258 1,288 1,358
5 1,060 1,080 1,120 1,170 1,220 1,280 1,310 1,380
6 1,082 1,102 1,142 1,192 1,242 1,302 1,332 1,402
7 1,104 1,124 1,164 1,214 1,264 1,324 1,354 1,424
8 1,126 1,146 1,186 1,236 1,286 1,346 1,376 1,446
9 1,148 1,168 1,208 1,258 1,308 1,368 1,398 1,468
10 1,170 1,190 1,230 1,280 1,330 1,390 1,420 1,490
11 1,192 1,212 1,252 1,302 1,352 1,412 1,442 1,512
12 1,214 1,234 1,274 1,324 1,374 1,434 1,464 1,534
13 1,236 1,256 1,296 1,346 1,396 1,456 1,486 1,556
14 1,258 1,278 1,318 1,368 1,418 1,478 1,508 1,578
15 1,280 1,300 1,340 1,390 1,440 1,500 1,530 1,600
16 1,302 1,322 1,362 1,412 1,462 1,522 1,552 1,622
17 1,324 1,344 1,384 1,434 1,484 1,544 1,574 1,644
18 1,346 1,366 1,406 1,456 1,506 1,566 1,596 1,666
19 1,368 1,388 1,428 1,478 1,528 1,588 1,618 1,688
20 1,390 1,410 1,450 1,500 1,550 1,610 1,640 1,710
21 1,412 1,432 1,472 1,522 1,572 1,632 1,662 1,732
22 1,434 1,454 1,494 1,544 1,594 1,654 1,684 1,754
23 1,456 1,476 1,516 1,566 1,616 1,676 1,706 1,776
24 1,478 1,498 1,538 1,588 1,638 1,698 1,728 1,798
25 1,500 1,520 1,560 1,610 1,660 1,720 1,750 1,820
26 1,522 1,542 1,582 1,632 1,682 1,742 1,772 1,842
27 1,544 1,564 1,604 1,654 1,704 1,764 1,794 1,864
28 1,566 1,586 1,626 1,676 1,726 1,786 1,816 1,886
29 1,588 1,608 1,648 1,698 1,748 1,808 1,838 1,908
30 1,610 1,630 1,670 1,720 1,770 1,830 1,860 1,930
STATE MINIMUM PAY SCALE PAY GRADE I
Years
of
employ-
ment A B C D E F G H
0 1,010 1,030 1,070 1,120 1,170 1,230 1,260 1,330
1 1,035 1,055 1,095 1,145 1,195 1,255 1,285 1,355
2 1,060 1,080 1,120 1,170 1,220 1,280 1,310 1,380
3 1,085 1,105 1,145 1,195 1,245 1,305 1,335 1,405
4 1,110 1,130 1,170 1,220 1,270 1,330 1,360 1,430
5 1,135 1,155 1,195 1,245 1,295 1,355 1,385 1,455
6 1,160 1,180 1,220 1,270 1,320 1,380 1,410 1,480
7 1,185 1,205 1,245 1,295 1,345 1,405 1,435 1,505
8 1,210 1,230 1,270 1,320 1,370 1,430 1,460 1,530
9 1,235 1,255 1,295 1,345 1,395 1,455 1,485 1,555
10 1,260 1,280 1,320 1,370 1,420 1,480 1,510 1,580
11 1,285 1,305 1,345 1,395 1,445 1,505 1,535 1,605
12 1,310 1,330 1,370 1,420 1,470 1,530 1,560 1,630
13 1,335 1,355 1,395 1,445 1,495 1,555 1,585 1,655
14 1,360 1,380 1,420 1,470 1,520 1,580 1,610 1,680
15 1,385 1,405 1,445 1,495 1,545 1,605 1,635 1,705
16 1,410 1,430 1,470 1,520 1,570 1,630 1,660 1,730
17 1,435 1,455 1,495 1,545 1,595 1,655 1,685 1,755
18 1,460 1,480 1,520 1,570 1,620 1,680 1,710 1,780
19 1,485 1,505 1,545 1,595 1,645 1,705 1,735 1,805
20 1,510 1,530 1,570 1,620 1,670 1,730 1,760 1,830
21 1,535 1,555 1,595 1,645 1,695 1,755 1,785 1,855
22 1,560 1,580 1,620 1,670 1,720 1,780 1,810 1,880
23 1,585 1,605 1,645 1,695 1,745 1,805 1,835 1,905
24 1,610 1,630 1,670 1,720 1,770 1,830 1,860 1,930
25 1,635 1,655 1,695 1,745 1,795 1,855 1,885 1,955
26 1,660 1,680 1,720 1,770 1,820 1,880 1,910 1,980
27 1,685 1,705 1,745 1,795 1,845 1,905 1,935 2,005
28 1,710 1,730 1,770 1,820 1,870 1,930 1,960 2,030
29 1,735 1,755 1,795 1,845 1,895 1,955 1,985 2,055
30 1,760 1,780 1,820 1,870 1,920 1,980 2,010 2,080
Years
of
employ-
mentABCDEFGH
0
1,0601,0801,1201,1701,2201,2801,3101,380
11,0851,1051,1451,1951,2451,3051,3351,405
21,1101,0301,1701,2201,2701,3301,3601,430
31,1351,1551,1951,2451,2951,3551,3851,455
41,1601,1801,2201,2701,3101,3801,4101,480
51,1851,2051,2451,2951,3451,4051,4351,505
61,2101,2301,2701,3201,3701,4301,4601,530
71,2351,2551,2951,3451,3951,4551,4851,555
81,2601,2801,3201,3701,4201,4801,5101,580
91,2851,3051,3451,3951,4451,5051,5351,605
101,3101,3301,3701,4201,4701,5301,5601,630
111,3351,3551,3951,4451,4951,5551,5851,655
121,3601,3801,4201,4701,5201,5801,6101,680
131,3851,4051,4451,4951,5451,6051,6351,705
141,4101,4301,4701,5201,5701,6301,6601,730
151,4351,4551,4951,5451,5951,6551,6851,755
161,4601,4801,5201,5701,6201,6801,7101,780
171,4851,5051,5451,5951,6451,7051,7351,805
181,5101,5301,5701,6201,6701,7301,7601,830
191,5351,5551,5951,6451,6951,7551,7851,855
201,5601,5801,6201,6701,7201,7801,8101,880
211,5851,6051,6451,6951,7451,8051,8351,905
221,6101,6301,6701,7201,7701,8301,8601,930
231,6351,6551,6951,7451,7951,8551,8851,955
241,6601,6801,7201,7701,8201,8801,9101,980
251,6851,7051,7451,7951,8451,9051,9351,005
261,7101,7301,7701,8201,8701,9301,9602,030
271,7351,7551,7951,8451,8951,9551,9852,055
281,7601,7801,8201,8701,9201,9802,0102,080
291,7851,8051,8451,8951,9452,0052,0352,105
301,8101,8301,8701,9201,9702,0302,0602,130
311,8351,8551,8951,9451,9552,0552,0852,155
321,8601,8801,9201,9702,0202,0802,1102,180
331,8851,9051,9451,9952,0452,1052,1352,205
341,9101,9301,9702,0202,0702,1302,1602,230
351,9351,9551,9952,0452,0952,1552,1852,255
CLASS TITLE
PAY GRADE
Accountant I ................................................. D
Accountant II ................................................ E
Accountant III ............................................... F
Aide I ....................................................... A
Aide II ...................................................... B
Aide III ..................................................... C
Aide IV ...................................................... D
Audiovisual Technician ....................................... C
Auditor ...................................................... G
Autism Mentor ................................................ E
Braille or Sign Language Specialist .......................... E
Bus Operator ................................................. D
Buyer ........................................................ F
Cabinetmaker ................................................. G
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
Draftsman .................................................... D
Electrician I ................................................ F
Electrician II ............................................... G
Electronic Technician I ...................................... F
Electronic Technician II ..................................... G
Executive Secretary .......................................... G
Food Services Supervisor ..................................... G
Foreman ...................................................... G
General Maintenance .......................................... C
Glazier ...................................................... D
Graphic Artist ............................................... D
Groundsman ................................................... B
Handyman ..................................................... B
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
Locksmith .................................................... G
Lubrication Man .............................................. C
Machinist .................................................... F
Mail Clerk ................................................... D
Maintenance Clerk ............................................ C
Mason ........................................................ G
Mechanic ..................................................... F
Mechanic Assistant ........................................... E
Office Equipment Repairman I ................................. F
Office Equipment Repairman II ................................ G
Painter ...................................................... E
Paraprofessional ............................................. F
Plumber I .................................................... E
Plumber II ................................................... G
Printing Operator ............................................ B
Printing Supervisor .......................................... D
Programmer ................................................... H
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
Watchman ..................................................... B
Welder ....................................................... F
(1) On and after the first day of July, one thousand nine hundred ninety-six, 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 such 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 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
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 have his or her daily work
schedule changed during the school year without such employee's
written consent, and such employee's required daily work hours
shall 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 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 out 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 certified professional personnel means that
certificated professional personnel is present, with and
accompanying the aide.
(11) After fifteen years of service as a bus operator, the
employee shall be paid one pay grade higher salary.
§18A-4-8g. Determination of seniority for service personnel.
The seniority for service personnel shall be determined in
the following manner:
Seniority accumulation for a regular school service employee
shall begin on the date such employee enters upon regular
employment duties pursuant to a contract as provided in section
five, article two of this chapter and shall continue until the
employee's employment as a regular employee is severed with the
county board of education. Seniority shall not cease to
accumulate when an employee is absent without pay as authorized
by the county board or the absence is due to illness or other
reasons over which the employee has no control as authorized by
the county board. Seniority accumulation for a substitute
employee shall begin upon the date the employee enters upon the
duties of a substitute as provided in section fifteen, article
four of this chapter, after executing with the board a contract of employment as provided in section five, article two of this
chapter. The seniority of a substitute employee, once
established, shall continue until such employee enters into the
duties of a regular employment contract as provided in section
five, article two of this chapter or employment as a substitute
with the county board of education is severed. Seniority of a
regular or substitute employee shall continue to accumulate
except during the time when an employee is willfully absent from
employment duties because of a concerted work stoppage or strike
or is suspended without pay.
For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article: Provided, That when implementing a reduction in
force, an employee with the least seniority within a particular
classification category shall be properly released and placed on
the preferred recall list. The particular classification title
held by an employee within the classification category shall not
be taken into consideration when implementing a reduction in
force.
On or before the first day of September and the fifteenth
day of January of each school year, county boards of education
shall post at each county school or working station the current
seniority list or lists of each school service classification. Each list shall contain the name of each regularly employed
school service personnel employed in each classification and the
date that each employee began performing his or her assigned
duties in each classification. Current seniority lists of
substitute school service personnel shall be available to
employees upon request at the county board of education office.
The seniority of an employee who transfers out of a class
title or classification category of employment and subsequently
returns to said class title or classification category of
employment shall be calculated as follows:
The county board of education shall establish the number of
calendar days between the date the employee left the class title
or category of employment in question and the date of return to
the class title or classification category of employment. This
number of days shall be added to the employee's initial seniority
date to establish a new beginning seniority date within the class
title or classification category. The employee shall then be
considered as having held uninterrupted service within the class
title or classification category from the newly established
seniority date. The seniority of an employee who has had a break
in the accumulation of seniority as a result of being willfully
absent from employment duties because of a concerted work
stoppage or strike shall be calculated in a like manner.
A substitute school service employee shall acquire regular
employment status and seniority if said employee receives a position pursuant to subsections (2) and (5), section fifteen,
article four of this chapter: Provided, That a substitute
employee who accumulates regular employee seniority while holding
a position acquired pursuant to subsections two and five, section
fifteen, article four of this chapter shall simultaneously
accumulate substitute seniority. County boards of education
shall not be prohibited from providing any benefits of regular
employment for substitute employees, but such benefits shall not
include regular employee status and seniority.
If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system
established by the employees and approved by the county board.
A board of education shall conduct such random selection within
thirty days upon said employees establishing an identical
seniority date. All employees with an identical seniority date
within the same class title or classification category shall
participate in the random selection. As long as the affected
employees hold identical seniority within the same classification
category, the initial random selection conducted by the board of
education shall be permanent for the duration of the employment
within the same classification category of said employees by the
board of education. This random selection priority shall apply
to the filling of vacancies and to the reduction in force of
school service personnel: Provided, That if another employee or
employees subsequently acquire seniority identical to the employees involved in the original random selection, a second
random selection shall be held within thirty days to determine
the seniority ranking of the new employee or employees within the
group. The priority between the employees who participated in
the original random selection shall remain the same. The second
random selection will be performed by placing numbered pieces of
paper equal to the number of employees with identical seniority
in a container. The employees who were not involved in the
original random selection will draw a number from the container
which will determine their seniority within the group as a whole.
This process will be repeated if additional employees
subsequently acquire identical seniority. The same process will
be utilized if additional employees are subsequently discovered
to have the same seniority as the original group of employees but
who did not participate in the original random selection through
oversight or mistake.
Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in
the same classification category of employment shall be given
first opportunity to fill such vacancy.
Seniority acquired as a substitute and as a regular employee
shall be calculated separately and shall not be combined for any
purpose. Seniority acquired within different classification
categories shall be calculated separately: Provided, That when
a school service employee makes application for a position outside of the classification category currently held, if the
vacancy is not filled by an applicant within the classification
category of the vacancy, the applicant shall combine all regular
employment seniority acquired for the purposes of bidding on the
position.
School service personnel who hold multiclassification titles
shall accrue seniority in each classification category of
employment which said employee holds and shall be considered an
employee of each classification category contained within his or
her multiclassification title. Multiclassified employees shall
be subject to reduction in force in any category of employment
contained within their multiclassification title based upon the
seniority accumulated within said category of employment:
Provided, That if a multiclassified employee is reduced in force
in one classification category, said employee shall retain
employment in any of the other classification categories that he
or she holds within his or her multiclassification title. In
such a case, the county board of education shall delete the
appropriate classification title or classification category from
the contract of the multiclassified employee.
When applying to fill a vacancy outside the classification
categories held by the multiclassified employee, seniority
acquired simultaneously in different classification categories
shall be calculated as if accrued in one classification category
only.
The seniority conferred herein shall apply retroactively to
all affected school service personnel, but the rights incidental
thereto shall commence as of the effective date of this section.
§18A-4-8h. Limitation of number of school service personnel
positions to be held by an employee.
After the effective date of this section, no school service
personnel shall be permitted to become employed in more than one
regular full-day position nor more than two one-half day
positions at the same time: Provided, That nothing herein shall
be construed to prohibit a school service personnel from holding
an extracurricular assignment or assignments as provided in
section sixteen, article four, or summer position as provided in
section thirty-nine, article five, chapter eighteen of this code,
nor from performing extra-duty assignments as provided in section
eight-b, article four of this code, in addition to his or her
regular position.
§18A-4-15. Employment of service personnel substitutes.
The county board shall employ and the county superintendent,
subject to the approval of the county board of education, shall
assign substitute service personnel on the basis of seniority to
perform any of the following duties:
(1) To fill the temporary absence of another service
employee;
(2) To fill the position of a regular service employee on
leave of absence: Provided, That if such leave of absence is to extend beyond thirty days, the board, within twenty working days
from the commencement of the leave of absence, shall give regular
employee status to a person hired to fill such position. The
person employed on a regular basis shall be selected under the
procedure set forth in section eight-b of this article. The
substitute shall hold such position and regular employee status
only until the regular employee shall be returned to such
position and the substitute shall have and shall be accorded all
rights, privileges and benefits pertaining to such position:
Provided, That if a regular or substitute employee fills a
vacancy that is related to a leave of absence in any manner as
provided herein, upon termination of the leave of absence said
employee shall be returned to his or her original position;
(3) To perform the service of a service employee who is
authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position
caused by severance of employment by the resignation, transfer,
retirement, permanent disability, dismissal pursuant to section
eight, article two of this chapter, or death of the regular
service employee who had been assigned to fill such position:
Provided, That within twenty working days from the commencement
of the vacancy, the board shall fill such vacancy under the
procedures set out in section eight-b of this article and section
five, article two of this chapter and such person hired to fill
the vacancy shall have and shall be accorded all rights, privileges and benefits pertaining to such position;
(5) To fill the vacancy created by a regular employee's
suspension: Provided, That if the suspension is for more than
thirty working days the substitute service employee shall be
assigned to fill the vacancy on a regular basis and shall have
and be accorded all rights, privileges and benefits pertaining to
such position until such termination by the county board of
education becomes final. If the suspended employee is not
returned to his or her job, the board shall fill the vacancy
under the procedures set out in section eight-b of this article
and section five, article two of this chapter; and
(6) To temporarily fill a vacancy in a newly created
position prior to employment of a service personnel on a regular
basis under the procedure set forth in section eight-b of this
article.
Substitutes shall be assigned in the following manner: A
substitute with the greatest length of service time, that is,
from the date he or she began his or her assigned duties as a
substitute in that particular category of employment, shall be
given priority in accepting the assignment throughout the period
of the regular employee's absence or until the vacancy is filled
on a regular basis under the procedures set out in section eight-
b of this article. All substitutes shall be employed on a
rotating basis according to the length of their service time
until each substitute has had an opportunity to perform similar assignments: Provided, That if there are regular service
employees employed in the same building or working station as the
absent employee and who are employed in the same classification
category of employment, such regular employees shall be first
offered the opportunity to fill the position of the absent
employee on a rotating and seniority basis with the substitute
then filling the regular employee's position. A regular employee
assigned to fill the position of an absent employee shall be
given the opportunity to hold that position throughout such
absence.
The salary of a substitute service employee shall be based
upon his or her years of employment as defined in section eight
of this article and as provided in the state minimum pay scale
set forth in section eight-a of this article and shall be in
accordance with the salary schedule of persons regularly employed
in the same position in the county in which he or she is
employed.
Before any substitute service employee enters upon his or
her duties, he or she shall execute with the county board of
education a written contract as provided in section five, article
two of this chapter.
To establish a uniform system of providing a fair and
equitable opportunity for substitutes to enter upon their duties
for the first time, the following method shall be used: The
initial order of assigning newly employed substitutes shall be determined by a random selection system established by the
affected substitute employees and approved by the county board.
This initial priority order shall be in effect only until the
substitute service personnel have entered upon their duties for
the first time.
Substitute service employees who have worked thirty days for
a school system shall have all rights pertaining to suspension,
dismissal and contract renewal as is granted to regular service
personnel in sections six, seven, eight and eight-a, article two
of this chapter.
§18A-4-16. Extracurricular assignments.
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual
agreement of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular
duties shall mean, but not be limited to, any activities that
occur at times other than regularly scheduled working hours,
which include the instructing, coaching, chaperoning, escorting,
providing support services or caring for the needs of students,
and which occur on a regularly scheduled basis: Provided, That
all school service personnel assignments shall be considered
extracurricular assignments except such assignments as are
considered either regular positions as provided by section eight,
article four of this chapter, or extra-duty assignments as
provided by section eight-b, article four of this chapter.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in
each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the
employee and the board of education shall be in writing and
signed by both parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in
this section and shall not be conditioned upon the employee's
acceptance or continuance of any extracurricular assignment
proposed by the superintendent, a designated representative, or
the board.
(5) The board of education shall fill extracurricular and
supplemental school service personnel assignments and vacancies
in accordance with section eight-b, article four of this chapter:
Provided, That an alternative procedure for making
extracurricular and supplemental school service personnel
assignments within a particular classification category of
employment may be utilized if the alternative procedure is
approved both by the county board of education and by an
affirmative vote of two thirds of the employees within that
classification category of employment.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§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 such
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 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 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 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 make numerous changes
in the law governing school personnel. Provisions are changed
effecting summer employment; guidelines for scheduling cooks;
employment class titles; determination of seniority; limitation
of number of positions to be held by one employee; employment of
substitutes; and compensation and transfers of certain aids
exercising control over pupils. Minimum salary levels are
increased.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§18A-4-8h is new; therefore, strike-throughs and
underscoring have been omitted.