Senate Bill No. 584
(By Senators Jackson, Blatnik, Plymale, Boley, Minear, Wagner,
Dugan, White, Bailey, Oliverio, Schoonover, Helmick, Miller and
Grubb)
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[Originating in the Committee on Education;
reported February 27, 1996.]
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A BILL to amend article ten-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section two-a; and to
amend and reenact section seventeen, article four, chapter
eighteen-a of said code, all relating to personnel employed by
the division of rehabilitation services.
Be it enacted by the Legislature of West Virginia:
That article ten-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section two-a;
and that section seventeen, article four, chapter eighteen-a of
said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 10A. VOCATIONAL REHABILITATION.
§18-10A-2a. Rehabilitation teachers.
Notwithstanding any other provision of this code to the
contrary, beginning the first day of July, one thousand nine hundred ninety-six, rehabilitation teachers shall be paid at the
equivalent rate of pay of teachers, pursuant to section two,
article four of this chapter: Provided, That rehabilitation
teachers shall be paid outside the public school support plan,
defined in section one, article nine-a of this chapter, and shall
receive the equivalent of the salary supplement paid to teachers
employed by the county board within the county where the facility
of the division is located, pursuant to section five-a, article
four of this chapter: Provided, however, That any person who
received an increase in salary, pursuant to section seventeen,
article four, chapter eighteen-a of this code, prior to the first
day of July, one thousand nine hundred ninety-six, shall continue
to receive the increased salary level.
For purposes of this section, the following words shall be
construed as follows:
(a) "Rehabilitation teacher" means any person employed by the
division and who meets the certification requirements of section
two-a, article three, chapter eighteen-a of this code, or who has
been certified to teach by a state or nationally recognized
organization, as approved by the office of the secretary of
education and the arts. Such teachers shall maintain current
certification in their teaching areas in order to remain employed.
Such persons also shall teach only in the areas in which they are
certified: Provided, That teachers who were employed on or before
the first day of April, one thousand nine hundred ninety-five,
shall be exempt from the following requirements: (1) Certification pursuant to section two-a, article three, chapter eighteen-a of
this code; (2) maintenance of current certification in their
teaching areas in order to remain employed; and (3) teaching only
in the areas in which they are certified.
(b) "Equivalent rate of pay" means an annualized rate based
on a two hundred forty-day teaching schedule and includes pay for
vacation and legal state holidays.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-17. Health and other facility employee salaries.
(a) The minimum salary scale for professional personnel and
service personnel employed by the state department of education to
provide educational and support services to residents of state
department of health and human resources facilities, corrections
facilities providing services to juvenile and youthful offenders
and in the West Virginia schools for the deaf and the blind or
professional personnel employed by the division of rehabilitation
services facilities, shall be the same as set forth in sections
two, three and eight-a of this article. Additionally, such
personnel shall receive the equivalent of salary supplements paid
to professional and service personnel employed by the county board
of education in the county wherein each facility is located, as set
forth in sections five-a and five-b of this article. Professional
personnel and service personnel in these facilities who earn
advanced classification of training after the effective date of
this section shall be paid such advanced salary from the date such classification of training is earned. Provided, That beginning on
the first day of July, one thousand nine hundred ninety-four,
teachers employed at the state division of rehabilitation services
facilities Such professional personnel shall be required to be
certified, licensed or trained, and/or shall meet other eligibility
classifications as may be required by the provisions of this
chapter and by state board regulations for comparable instructional
personnel who are employed by county boards of education, and shall
be paid at the equivalent rate of pay of teachers as set forth in
section two of this article, but outside the public support plan,
plus the equivalent of the salary supplement paid to teachers
employed by the county board of education in the county wherein
each facility is located, as set forth in section five-a of this
article.
(b) Professional personnel employed by the department to
provide educational service to residents in state department of
health and human resources facilities, corrections facilities
providing services to juvenile and youthful offenders or in the
West Virginia schools for the deaf and the blind, or professional
personnel employed by the division of rehabilitation services
facilities, shall be afforded all the rights, privileges and
benefits established for such professional personnel under this
article: Provided, That such benefits shall apply only within the
facility at which employed: Provided, however, That benefits shall
exclude salaries unless explicitly provided for under this or other
sections of this article: Provided further, That seniority for such professional personnel shall be determined on the basis of the
length of time that the employee has been professionally employed
at the facility, regardless of which state agency was the actual
employer.
(c) Nothing contained in this section shall be construed to
mean that professional personnel and service personnel employed by
the department of education to provide educational and support
services to residents in state department of health and human
resources facilities, corrections facilities providing services to
juvenile and youthful offenders and the West Virginia schools for
the deaf and the blind, or professional personnel employed to
provide professional education services in the division of
rehabilitation services facilities are other than state employees.
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(Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18-10A-2a is new; therefore, strike-throughs and underscoring
have been omitted.)