Senate Bill No. 91
(By Senator Miller)
[Originating in the Committee on Education;
reported February 9, 1996.]
A BILL to amend and reenact sections twenty-two and 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-b, 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 salaries for school service
personnel providing specialized health procedures; salary of
summer employees; optional guidelines for school cooks;
employment terms and class titles of service personnel; service personnel minimum monthly salaries; seniority rights
for school service personnel; public school personnel;
duties for asbestos removal; determination of seniority for
substitute employees; limitation of number of school service
personnel positions to be held by an employee;
extracurricular assignments; salaries of aides who have been
designated by the principal; and providing technical cleanup
of existing language of the code.
Be it enacted by the Legislature of West Virginia:
That sections twenty-two and 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-b,
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.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of council of school nurses.
County boards of education shall provide proper medical and
dental inspections for all pupils attending the schools of their
county and shall further have the authority to take any other
action necessary to protect the pupils from infectious diseases,
including the authority to require from all school personnel
employed in their county, certificates of good health and of
Each county board of education shall employ full time at
least one school nurse for every one thousand five hundred
kindergarten through seventh grade pupils in net enrollment or
major fraction thereof: Provided, That each county shall employ
full time at least one school nurse: Provided, however, That a
county board may contract with a public health department for
services deemed equivalent to those required by this section in
accordance with a plan to be approved by the state board:
Provided further, That the state board shall promulgate rules
regulations requiring the employment of school nurses in excess
of the number required by this section to ensure adequate
provision of services to severely handicapped pupils.
Any person employed as a school nurse shall be a registered
professional nurse properly licensed by the West Virginia board of examiners for registered professional nurses in accordance
with article seven, chapter thirty of this code.
Beginning with the school year one thousand nine hundred
ninety-one, specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional, shall
be performed only by school nurses, other licensed school health
care providers as provided for in this section, or school
employees who have been trained and retrained every two years and
subject to the supervision and approval by school nurses. After
assessing the health status of the individual student, a school
nurse, in collaboration with the student's physician, parents and
in some instances an individualized education program team, may
delegate certain health care procedures to a school employee who
shall be trained pursuant to this section, deemed competent, have
consultation with, and be monitored or supervised by the school
nurse: Provided, That nothing herein
shall prohibit prohibits
any school employee from providing specialized health procedures
or any other prudent action to aid any person who is in acute
physical distress or requires emergency assistance. For the
purposes of this section "specialized health procedures" means,
but is not limited to, catheterization, suctioning of
tracheostomy, naso-gastric tube feeding or gastrostomy tube feeding. and "School employee" means teachers "teachers", as
defined in section one, article one of this chapter and aides as
defined in section eight, article four -a, chapter eighteen-a of
Any school employee who elects or is required by this
section to undergo training or retraining to provide, in the
manner specified herein,
such the specialized health care
procedures and for whom such the selection has been approved by
both the principal and the county board, may shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: at the discretion of
the county board Provided, That any training may be considered
in lieu of required in-service training of such the school
employee and a school employee cannot may not be required to
elect to undergo the training or retraining: Provided, however,
That commencing with the first day of July, one thousand nine
hundred eighty-nine, any newly employed school employee in the
field of special education shall be required to undergo the
training and retraining as provided for in this section.
Each county school nurse, as designated and defined by this
section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional educational service agency, prepare recommendations and elect a
representative to serve on the council of school nurses.
There shall be established a council of school nurses which
shall be convened by the state board of education. This council
shall prepare a procedural manual and shall provide
recommendations regarding a training course to the director of
the state department of health who shall consult with the state
department of education. The state department of health shall
then have the authority to promulgate rules
and regulations to
implement the training and to create standards used by those
performing specialized health procedures. The council shall meet
every two years to review the certification and training program
regarding school employees.
The state board of education shall work in conjunction with
county boards to provide training and retraining every two years
as recommended by the council of school nurses and implemented by
the state department of health.
§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
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 of this code: 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. Recommended guidelines for full-day and half-day
Each county board of education shall: (1) Require each
school to report: (a) The number of meals served; (b) the number
of cooks employed; and (c) the average number of meals served per
cooks hours worked; and (2) submit a county-wide report to the state superintendent of schools delineating the above information
by the first day of November, one thousand nine hundred ninety-
four. The state superintendent of schools shall report such
information to the legislative oversight commission on education
accountability by the first day of January, one thousand nine
hundred ninety-five.The following guidelines are optional guidelines that may be
used when scheduling full- day and half-day cooks:
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cook's Hours Worked
A meal prepared for a school lunch shall be established as
a whole meal. Other meals shall be equal to three fourths of a
school lunch meal.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel
shall may be no less than ten months, a
month being defined as twenty employment days: Provided, That the
county board of education may contract with all or part of these
personnel for a longer term. The beginning and closing dates of
the ten-month employment term shall may not exceed forty-three
Service personnel employed on a yearly or twelve-month basis
may be employed by calendar months. Whenever there is a change
in job assignment during the school year, the minimum pay scale and any county supplement shall be applicable.
Service personnel employed in the same classification for
more than the two hundred day minimum employment term shall be
paid for additional employment at a daily rate of not less than
the daily rate paid for the two hundred day minimum employment
No service employee, without his or her agreement,
be required to report for work more than five days per week and
no part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
Should an employee whose regular work week is scheduled from
Monday through Friday agree to perform any work assignments on a
Saturday or Sunday, the employee shall be paid for at least
one-half day of work for each such day he or she reports for
work, and if the employee works more than three and one-half
hours on any Saturday or Sunday, he or she shall be paid for at
least a full day of work for each such day.
Custodians, aides, maintenance, office and school lunch
employees Service personnel required to work a daily work
schedule that is interrupted, that is, who do not work a
continuous period in one day, shall be paid additional
compensation which shall be equal to at least one-eighth of their total salary as provided by their state minimum salary and any
county pay supplement, and payable entirely from county funds:
Provided, That when engaged in duties of transporting students
exclusively, aides shall may not be regarded as working an
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
his or her salary shall be made to comply with the requirements
of this article, and to any county salary schedule in excess of
the minimum requirements of this article, based upon his or her
advanced classification and allowable years of employment.
An employee's contract as provided in section five, article
two of this chapter shall state the appropriate monthly salary
the employee is to be paid, based on the class title as provided
in this article and any county salary schedule in excess of the
minimum requirements of this article.
The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined
"Pay grade" means the monthly salary applicable to class
titles of service personnel.
"Years of employment" means the number of years which an employee classified as service personnel has been employed by a
board of education in any position prior to or subsequent to the
effective date of this section and including service in the armed
forces of the United States if the employee were employed at the
time of his or her induction. For the purpose of section eight-a
of this article, years of employment shall be limited to the
number of years shown and allowed under the state minimum pay
scale as set forth in section eight-a of this article.
"Class title" means the name of the position or job held by
"Accountant I" means personnel employed to maintain payroll
records and reports and perform one or more operations relating
to a phase of the total payroll.
"Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting
process associated with billing, budgets, purchasing and related
"Accountant III" means personnel who are employed in the
county board of education office to manage and supervise accounts
payable and/or payroll procedures.
"Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide.
"Aide II" means those personnel referred to in the "Aide I"
classification who have completed a training program approved by
the state board of education, or who hold a high school diploma
or have received a general educational development certificate.
Only personnel classified in an Aide II class title
shall may be
employed as an aide in any special education program.
"Aide III" means those personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate, and have completed six
semester hours of college credit at an institution of higher
education or are employed as an aide in a special education
program and have one year's experience as an aide in special
"Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed
eighteen hours of state board-approved college credit at a
regionally accredited institution of higher education, or who
have completed fifteen hours of state board-approved college
credit at a regionally accredited institution of higher education
and successfully completed an in-service training program determined by the state board to be the equivalent of three hours
of college credit.
"Audiovisual technician" means personnel employed to perform
minor maintenance on audiovisual equipment, films, supplies and
the filling of requests for equipment.
"Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
"Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board: Provided, That the state board shall
determine these standards and experience on or before the first
day of July, one thousand nine hundred ninety-two.
"Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
"Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
state board of education.
"Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined
specifications at the lowest available costs.
"Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture.
"Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial
reports and keeping records pertinent to food services of a
"Carpenter I" means personnel classified as a carpenter's
"Carpenter II" means personnel classified as a journeyman
"Chief mechanic" means personnel employed to be responsible
for directing activities which ensure that student transportation
or other board-owned vehicles are properly and safely maintained.
"Clerk I" means personnel employed to perform clerical
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate office machines.
"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
"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
shall may prohibit professional personnel or professional
educators as defined in section one, article one of this chapter,
from holding this class title, but professional personnel shall
may not be defined or classified as service personnel unless the
professional personnel held a service personnel title under this
section prior to holding class title of "director or coordinator
of services": Provided, That funding for professional personnel
in positions classified as directors or coordinators of services
who were assigned prior to the first day of May, one thousand
nine hundred ninety-four, shall may not be required to be
redirected from service personnel categories as a result of this
provision until the first day of July, one thousand nine hundred
ninety-six. Thereafter, directors or coordinators of service
positions shall be classified as either a professional personnel
or service personnel position for state aid formula funding
purposes and funding for directors or coordinators of service positions shall be based upon the employment status of the
director or coordinator either as a professional personnel or
"Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued
by the state fire marshal.
"Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment.
"Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant
"Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and supervise a county school system's food service program. The
duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency, and
keeping aggregate records and reports.
"Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of
school property and equipment.
"General maintenance" means personnel employed as helpers to
skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system.
"Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic
"Groundsmen" means personnel employed to perform duties that
relate to the appearance, repair and general care of school
grounds in a county school system. Additional assignments may
include the operation of a small heating plant and routine
cleaning duties in buildings.
"Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system.
"Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
"Heating and air conditioning mechanic II" means personnel
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
"Heavy equipment operator" means personnel employed to
operate heavy equipment.
"Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain
locks and safes.
"Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
"Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. Such personnel should
also have ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
"Maintenance clerk" means personnel employed to maintain and
control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts.
"Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
"Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of
automobiles, school buses and other mechanical and mobile
equipment to use in a county school system.
"Mechanic assistant" means personnel employed as a mechanic
apprentice and helper.
"Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section. In such instances the minimum salary scale shall
be the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as an office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment.
Personnel shall be responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair.
"Painter" means personnel employed to perform duties of
painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system.
"Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of pupils
under the direction of a principal, a teacher, or another
designated professional educator: Provided, That no person
employed on the effective date of this section in the position of
an aide may be reduced in force or transferred to create a
vacancy for the employment of a paraprofessional: Provided,
however, That if any employee has held or holds an aide title and
becomes employed as a paraprofessional, the employee shall hold
a multiclassification status that includes aide and paraprofessional titles in accordance with section eight-b of
"Plumber I" means personnel employed as an apprentice
plumber and helper.
"Plumber II" means personnel employed as a journeyman
"Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials.
"Printing supervisor" means personnel employed to supervise
the operation of a print shop.
"Programmer" means personnel employed to design and prepare
programs for computer operation.
"Roofing/sheet metal mechanic" means personnel employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation.
"Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
"School bus supervisor" means qualified personnel employed
to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses
and promoting good relationships with parents, pupils, bus
operators and other employees.
"Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines.
"Secretary II" means personnel employed in any elementary,
secondary, kindergarten, nursery, special education, vocational
or any other school as a secretary. The duties may include
performing general clerical tasks, transcribing from notes or
stenotype or mechanical equipment or a sound-producing machine,
preparing reports, receiving callers and referring them to proper
persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied herein that
such the employees from holding or being elevated
to a higher classification.
"Secretary III" means personnel assigned to the county board
of education office administrators in charge of various
instructional, maintenance, transportation, food services,
operations and health departments, federal programs or
departments with particular responsibilities of purchasing and financial control or any personnel who have served in a position
which meets the definition of "Secretary II" or "Secretary III"
herein for eight years.
"Supervisor of maintenance" means skilled personnel not
defined as professional personnel or professional educators as in
section one, article one of this chapter. The responsibilities
would include directing the upkeep of buildings and shops,
issuing instructions to subordinates relating to cleaning,
repairs and maintenance of all structures and mechanical and
electrical equipment of a board of education.
"Supervisor of transportation" means qualified personnel
employed to direct school transportation activities, properly and
safely, and to supervise the maintenance and repair of vehicles,
buses, and other mechanical and mobile equipment used by the
county school system.
"Switchboard operator-receptionist" means personnel employed
to refer incoming calls, to assume contact with the public, to
direct and to give instructions as necessary, to operate
switchboard equipment and to provide clerical assistance.
"Truck driver" means personnel employed to operate light or
heavy duty gasoline and diesel-powered vehicles.
"Warehouse clerk" means personnel employed to be responsible for receiving, storing, packing and shipping goods.
"Watchman" means personnel employed to protect school
property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning
"Welder" means personnel employed to provide acetylene or
electric welding services for a school system.
In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee shall, notwithstanding any provisions in this code to
the contrary, be entitled to all service personnel employee
rights, privileges and benefits provided under this or any other
chapter of this code without regard to
such the employee's hours
of employment or the methods or sources of compensation.
Service personnel whose years of employment exceed the
number of years shown and provided for under the state minimum
pay scale set forth in section eight-a of this article may not be
paid less than the amount shown for the maximum years of
employment shown and provided for in the classification in which
he or she is employed.
The county boards shall review each service personnel
employee job classification annually and shall reclassify all service employees as required by
such the job classifications.
The state superintendent of schools is hereby authorized to
withhold state funds appropriated pursuant to this article for
salaries for service personnel who are improperly classified by
such the county boards. Further, he or she shall order county
boards to correct immediately any improper classification matter
and with the assistance of the attorney general shall take any
legal action necessary against any county board to enforce such
No service employee, without his or her written consent, may
be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the
current fiscal year or which would result in a reduction of his
or her salary, rate of pay, compensation or benefits for which he
or she would qualify by continuing in the same job position and
classification held during said fiscal year and subsequent years.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and shall be
liable to any party prevailing against the board for court costs
and his or her reasonable attorney fee, as determined and established by the court.
Notwithstanding any provisions in this code to the contrary,
service personnel who hold a continuing contract in a specific
job classification and are physically unable to perform the job's
duties as confirmed by a physician chosen by the employee shall
be given priority status over any employee not holding a
continuing contract in filling other service personnel job
vacancies if qualified as provided in section eight-e of this
§18A-4-8a. Service personnel minimum monthly salaries.
STATE MINIMUM PAY SCALE PAY GRADE
A B C D E F G H
0 950 9701,0101,0601,1101,1701,2001,270
1 972 9921,0321,0821,1321,1921,2221,292
STATE MINIMUM PAY SCALE PAY GRADE I
A B C D E F G H
CLASS TITLE PAY GRADE
ntant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Autism Mentor . . . . . . . . . . . . . . . . . . . E
Braille or Sign Language Specialist . . . . . . . . E
Bus Operator D
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
General Maintenance C
Graphic Artist D
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Lubrication Man C
Mail Clerk D
Maintenance Clerk C
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
(1) The minimum monthly pay for each service employee whose
employment is for a period of more than three and one-half hours
a day shall be at least the amounts indicated in the "state
minimum pay scale pay grade" and the minimum monthly pay and the
minimum monthly pay for each service employee whose employment is
for a period of three and one half hours or less a day shall be
at least one-half the amount indicated in the "state minimum pay
scale pay grade" set forth in this section: Provided, That on
and after the first day of July, one thousand nine hundred
ninety-four, the minimum monthly pay for each service employee
whose employment is for a period of more than three and one-half
hours a day shall be at least the amounts indicated in the "state
minimum pay scale pay grade I" as set forth in this section, and
the minimum monthly pay for each service employee whose
employment is for a period of three and one-half hours or less a
day shall be at least one half the amount indicated in the "state
minimum pay scale pay grade I" set forth in this section.
(2) An additional ten dollars per month shall be added to
the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) An additional ten dollars per month shall also be added
to the minimum monthly pay of each service employee who holds
twelve college hours or comparable credit obtained in a trade or
vocational school as approved by the state board of education.
(4) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p.m. and
five o'clock a.m. following, the employee shall be paid no less
than an additional ten dollars per month and one half of
pay shall be paid with local funds.
(5) Any service employee required to work on any legal
school holiday shall be paid at a rate one and one-half times
such the employee's usual hourly rate.
(6) Any full-time service personnel required to work in
excess of their normal working day during any week which contains
a school holiday for which they are paid shall be paid for
the additional hours or fraction thereof at a rate of one and
one-half times their usual hourly rate and paid entirely from
county board of education funds.
(7) No service employee
shall may have his or her daily work
schedule changed during the school year without such the
employee's written consent, and such the employee's required daily work hours shall may not be changed to prevent the payment
of time and one-half wages or the employment of another employee.
(8) The minimum hourly rate of pay for extra duty
assignments as defined in section eight-b of this article shall
be no less than one seventh of the employee's daily total salary
for each hour the employee is involved in performing the
assignment and paid entirely from local funds: Provided, That an
alternative minimum hourly rate of pay for performing extra duty
assignments within a particular category of employment may be
utilized if the alternate hourly rate of pay is approved both by
the county board of education and by the affirmative vote of a
two-thirds majority of the regular full-time employees within
that classification category of employment within that county:
Provided, however, That the vote shall be by secret ballot if so
requested by a service personnel employee within that
classification category within that county. The salary for any
fraction of an hour the employee is involved in performing the
assignment shall be prorated accordingly. When performing extra
duty assignments, employees who are regularly employed on a
one-half day salary basis shall receive the same hourly extra
duty assignment pay computed as though
such an the employee were
employed on a full-day salary basis.
(9) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties
required for asbestos removal shall be their regular total daily
rate of pay and no less than an additional three dollars per hour
or no less than five dollars per hour for service personnel
supervising asbestos removal responsibilities for each hour these
employees are involved in asbestos related duties. Related
duties required for asbestos removal shall include, but not be
limited, to planning for the removal of asbestos, preparation of
proposals, plans or other relevant documents required for
approval of an asbestos project, travel, preparation of the work
site including taking test samples and filing 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 postproject 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. For purposes of
this section, "under the direct supervision of certificated
professional personnel" means that certificated professional
personnel is present, with and accompanying the aide.
§18A-4-8b. Seniority rights for school service personnel.
A county board of education shall make decisions affecting promotion and filling of any service personnel positions of
employment or jobs occurring throughout the school year that are
to be performed by service personnel as provided in section
eight, article four of this chapter, on the basis of seniority,
qualifications and evaluation of past service.
Qualifications shall mean that the applicant holds a
classification title in his category of employment as provided in
this section and must be given first opportunity for promotion
and filling vacancies. Other employees then must be considered
and shall qualify by meeting the definition of the job title as
defined in section eight, article four of this chapter, that
relates to the promotion or vacancy. If the employee so
requests, the board must show valid cause why an employee with
the most seniority is not promoted or employed in the position
for which he applies. Applicants shall be considered in the
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued
in accordance with this section;
(3) Professional personnel who held temporary service
personnel jobs or positions prior to the ninth day of June, one
thousand nine hundred eighty-two, and who apply only for such temporary jobs or positions;
(4) Substitute service personnel; and
(5) New service personnel.
The county board of education may not prohibit a service
employee from retaining or continuing his employment in any
positions or jobs held prior to the effective date of this
section and thereafter.
A promotion shall be defined as any change in his employment
that the employee deems to improve his working circumstance
within his classification category of employment and shall
include a transfer to another classification category or place
of employment if the position is not filled by an employee who
holds a title within that classification category of employment.
Each class title listed in section eight, article four of this
chapter shall be considered a separate classification category of
employment for service personnel, except for those class titles
having Roman numeral designations, which shall be considered a
single classification of employment. The cafeteria manager class
title shall be included in the same classification category as
cooks. The executive secretary class title shall be included in
the same classification category as secretaries. The
paraprofessional class title shall be included in the same classification category as aides.
For purposes of determining seniority under this section an
employee's seniority begins on the date that he enters into his
Notwithstanding any other provisions of this chapter to the
contrary, decisions affecting such personnel with respect to
extra-duty assignments shall be made in the following manner:
An employee with the greatest length of service time in a
particular category of employment shall be given priority in
accepting such assignments, followed by other fellow employees
on a rotating basis according to the length of their service time
until all such employees have had an opportunity to perform
similar assignments. The cycle then shall be repeated:
Provided, That an alternative procedure for making extra-duty
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. For the purpose of this
section, extra-duty assignments are defined as irregular jobs
that occur periodically or occasionally such as, but not limited
to, field trips, athletic events, proms, banquets and band festival trips.
Boards shall be required to post and date notices of all job
vacancies of established existing or newly created positions in
conspicuous working places for all school service employees to
observe for at least five working days. The notice of such job
vacancies shall include the job description, the period of
employment, the amount of pay and any benefits and other
information that is helpful to the employees to understand the
particulars of the job. After the five day minimum posting
period all vacancies shall be filled within twenty working days
from the posting date notice of any job vacancies of established
existing or newly created positions.
All decisions by county boards of education concerning
reduction in work force of service personnel shall be made on the
basis of seniority, as hereinafter provided.
The seniority of any such service personnel shall be
determined on the basis of the length of time the employee has
been employed by the county board of education within a
particular job classification. For the purpose of establishing
seniority for a preferred recall list as hereinafter provided,
when an employee has been employed in one or more
classifications, the seniority accrued in each previous classification shall be retained by the employee.
Should a county board of education be required to reduce the
number of employees within a particular job classification, the
employee with the least amount of seniority within that
classification or grades of classification shall be properly
released and employed in a different grade of that classification
if there is a job vacancy: Provided, That if there is no job
vacancy for employment within such classification or grades of
classification, he shall be employed in any other job
classification which he previously held with the county board if
there is a vacancy and shall retain any seniority accrued in
such job classification or grade of classification.
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.
All employees whose seniority with the county board is
insufficient to allow their retention by the county board during
a reduction in work force shall be placed upon a preferred recall
list and shall be recalled to employment by the county board on
the basis of seniority.
Employees placed upon the preferred list shall be recalled
to any position openings by the county board within the classification(s), where they had previously been employed, or to
any lateral position for which the employee is qualified or to a
lateral area for which an employee has certification and/or
Employees on the preferred recall list shall not forfeit
their right to recall by the county board if compelling reasons
require an employee to refuse an offer of reemployment by the
The county board shall be required to notify all employees
on the preferred recall list of all position openings that from
time to time exist. Such notice shall be sent by certified mail
to the last known address of the employee; it shall be the duty
of each such employee to notify the county board of any change in
the address of such employee.
No position openings may be filled by the county board,
whether temporary or permanent, until all employees on the
preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept
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 reasonable attorney fee, as determined and established by
the court. Further, employees denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactively to the date of the violation
and payable entirely from local funds. Further, the board shall
be liable to any party prevailing against the board for any court
reporter costs including copies of transcripts.
§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
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 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.
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
School service personnel who hold multi-classification
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
multi-classification title. Multi-classified employees shall be
subject to reduction in force in any category of employment
contained within their multi-classification title based upon the
seniority accumulated within said category of employment:
Provided, That if a multi-classified employee is reduced in force
in one classification category, said employee shall retain
employment in any of the other classification categories that he
holds within his multi-classification title. In such a case, the
county board of education shall delete the appropriate
classification title or classification category from the contract
of the multi-classified employee.
When applying to fill a vacancy outside the classification
categories held by the multi-classified employee, seniority
acquired simultaneously in different classification categories
shall be calculated as if accrued in one classification category
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 on number of school service personnel
positions to be held by an employee.
Upon 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 of this article, or summer positions, 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 of this article, in addition to his or her
§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
(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 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
Substitutes shall be assigned in the following manner: A
substitute with the greatest length of service time, that is,
from the date he began his 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 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 is employed.
Before any substitute service employee enters upon his duties, he shall execute with the county board of education a
written contract as provided in section five, article two of this
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
of this article, or extra-duty assignments, as provided by
section eight-b of this article.
(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
(5) The board of education shall fill extracurricular
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
aides in the school who agree to exercise such that authority on
the basis of seniority as an aide and shall enumerate the
instances in which such the authority shall be exercised by an
aide when requested by the principal, assistant principal or
professional employee to whom the aide is assigned: Provided, That such the authority does not extend to suspending or
expelling any pupil, participating in the administration of
corporal punishment or performing instructional duties as a
teacher or substitute teacher.
An aide designated by the principal under this subsection
shall receive a salary not less than one pay grade above the
minimum salary to which said aide would otherwise be entitled
highest pay grade held by the employee under section eight-a,
article four of this chapter, and any county salary schedule in
excess of the minimum requirements of this article.
(b) An aide
shall may not be required by the operation of
this section to perform noninstructional duties for an amount of
time which exceeds that required under the aide's contract of
employment or that required of other aides in the same school,
unless the assignment of such duties is mutually agreed upon by
the aide and the county superintendent, or the superintendent's
designated representative, subject to board approval. The terms
and conditions of such the agreement shall be in writing, signed
by both parties, and may include additional benefits. Such The
agreement shall be uniform as to aides assigned similar duties
for similar amounts of time within the same school. Aides shall
have the option of agreeing to supervise students and of renewing related assignments annually: Provided, That should an aide
elect not to renew the previous agreement to supervise students,
the minimum salary of such the aide shall revert to the pay grade
specified in section eight-a, article four of this chapter for
the classification title held by the aide and any county salary
schedule in excess of the minimum requirements of this article.
(c) For the purposes of this section, aide shall mean and
include any aide class title as defined in section eight, article
four of this chapter, regardless of numeric classification.
(d) An aide may transfer to another position of employment
one time only during any
half one half of a school term, unless
otherwise mutually agreed upon by the aide and the county
superintendent, or the superintendent's designee, subject to
board approval: Provided, That during the first year of
employment as an aide, an aide shall may not transfer to another
position of employment during the first one-half school term of
employment, unless mutually agreed upon by the aide and county
superintendent, subject to board approval.
(e) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall
be required to hold a high school diploma or have received a
general educational development certificate and shall have opportunity to receive appropriate training pursuant to
subsection (10), section thirteen, article five, chapter eighteen
of this code and section two, article twenty of said chapter.
NOTE: The purpose of this bill is to require that state
personnel who undergo training for health care procedures receive
increased wages at the next highest pay grade; to clarify rights,
privileges and benefits of summer employees; to create optional
guidelines for cooks in schools; to provide for
multiclassification for an employee who is both an aide and a
paraprofessional in order for the seniority for an aide to
continue after becoming a paraprofessional; to define the duties
of asbestos removal; to determine the seniority rights of
substitute employees; to create a limitation on the number of
school service personnel positions to be held by an employee; and
to clarify the conditions as it relates to substitute employees
as well as extracurricular activities; and to require that aides
designated by the principal by paid one pay grade above the
highest pay grade held by the employee.
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.