H. B. 4081
(By Delegates Ennis, C. White and Damron)
[Introduced Janaury 26, 1998; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section thirteen, article two,
chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact sections eight and eight-a, article four of said
chapter, all relating to school personnel; requiring
guidelines for full-day and half-day cooks; employment term
and class title of service personnel; requiring a Cook III
and Custodian IV in schools; establishing number of
secretaries at a school; additional pay for drug test; and
bus operator to have aide in certain situations.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article two, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that sections eight and eight-a, article four of said chapter be amended and reenacted,
all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-13. Guidelines for full-day and half-day cooks.
The following guidelines are
optional guidelines that county
may shall use 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.
No less than twenty percent of these guideline ratios shall
be made effective cumulatively for each of the school years of
one thousand nine hundred ninety-eight, ninety-nine; one thousand
nine hundred ninety-nine, two thousand; two thousand, two
thousand one; two thousand one, two thousand two; two thousand
two, two thousand three.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel;
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel may be no less than ten months. A month is
defined as twenty employment days: Provided, That the county
board may contract with all or part of these service personnel
for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.
Service personnel employed on a yearly or twelve-month basis
may be employed by calendar months. Whenever there is a change
in job assignment during the school year, the minimum pay scale
and any county supplement are 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, may 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 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 day.
Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation 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.
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
the employee's 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
the employee's advanced classification and allowable years of
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 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 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, or who hold a high school diploma or have
received a general educational development certificate. Only
personnel classified in an Aide II class title 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: Provided,
however, That if any employee has held or holds an aide title and
becomes employed as an autism mentor, the employee shall hold a
multiclassification status that includes aide and autism mentor
titles, in accordance with section eight-b of this article.
"Braille or sign language specialist" means personnel
employed to provide braille and
/or sign language assistance to
students: Provided, That if any employee has held or holds an
aide title and becomes employed as a braille or sign language
specialist, the employee shall hold a multiclassification status that includes aide and braille or sign language specialist title,
in accordance with section eight-b of this article.
"Bus operator" means personnel employed to operate school
buses and other school transportation vehicles as provided by the
"Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs.
"Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture.
"Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial
reports and keeping records pertinent to food services of a
"Carpenter I" means personnel classified as a carpenter's
"Carpenter II" means personnel classified as a journeyman
"Chief mechanic" means personnel employed to be responsible for directing activities which ensure that student transportation
or other board-owned vehicles are properly and safely maintained.
"Clerk I" means personnel employed to perform clerical
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
"Computer operator" means qualified personnel employed to
"Cook I" means personnel employed as a cook's helper.
"Cook II" means personnel employed to interpret menus, to
prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for
a period of four years, if the personnel have not been elevated
to this classification within that period of time.
"Cook III" means personnel employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order
equipment and repairs for a food service program of a school
system. There shall be at least one "Cook III" employed in each
school where meals are prepared.
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned
"Custodian I" means personnel employed to keep buildings
clean and free of refuse.
"Custodian II" means personnel employed as a watchman or
"Custodian III" means personnel employed to keep buildings
clean and free of refuse, to operate the heating or cooling
systems and to make minor repairs.
"Custodian IV" means personnel employed as head custodians.
In addition to providing services as defined in "Custodian III",
their duties may include supervising other custodian personnel.
There shall be at least one "Custodian IV" employed in each
"Director or coordinator of services" means personnel who
are assigned to direct a department or division. Nothing herein
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 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, 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 service
"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
this article: Provided further, That once an employee who holds
an aide title becomes certified as a paraprofessional and is
required to perform duties that may not be performed by an aide
without paraprofessional certification, he or she shall receive
the paraprofessional title pay grade.
"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
would prevent the employees from holding or being elevated to a
"Secretary III" means personnel assigned to the county board 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
"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.
"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 is, notwithstanding any provisions in this code to the
contrary, entitled to all service personnel employee rights,
privileges and benefits provided under this or any other chapter
of this code without regard to 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 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 the county
boards. Further, the state superintendent 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 the
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 that 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 is liable to
any party prevailing against the board for court costs and the prevailing party's 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 who 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
ment AB C D E F
0 1,040.00 1,060.00 1,100.00 1,150.00 1,200.00 1,260.00
1 1,066.00 1,086.00 1,126.00 1,176.00 1,226.00 1,286.00
2 1,092.00 1,112.00 1,152.00 1,202.00 1,252.00 1,312.00
3 1,118.00 1,138.00 1,178.00 1,228.00 1,278.00 1,338.00
4 1,144.00 1,164.00 1,204.00 1,254.00 1,304.00 1,364.00
5 1,170.00 1,190.00 1,230.00 1,280.00 1,330.00 1,390.00
6 1,196.00 1,216.00 1,256.00 1,306.00 1,356.00 1,416.00
7 1,222.00 1,242.00 1,282.00 1,332.00 1,382.00 1,442.00
8 1,248.00 1,268.00 1,308.00 1,358.00 1,408.00 1,468.00
9 1,274.00 1,294.00 1,334.00 1,384.00 1,434.00 1,494.00
101,300.00 1,320.00 1,360.00 1,410.00 1,460.00 1,520.00
111,326.00 1,346.00 1,386.00 1,436.00 1,486.00 1,546.00
121,352.00 1,372.00 1,412.00 1,462.00 1,512.00 1,572.00
131,378.00 1,398.00 1,438.00 1,488.00 1,538.00 1,598.00
141,404.00 1,424.00 1,464.00 1,514.00 1,564.00 1,624.00
151,430.00 1,450.00 1,490.00 1,540.00 1,590.00 1,650.00
161,456.00 1,476.00 1,516.00 1,566.00 1,616.00 1,676.00
171,482.00 1,502.00 1,542.00 1,592.00 1,642.00 1,702.00
181,508.00 1,528.00 1,568.00 1,618.00 1,668.00 1,728.00
191,534.00 1,554.00 1,594.00 1,644.00 1,694.00 1,754.00
201,560.00 1,580.00 1,620.00 1,670.00 1,720.00 1,780.00
211,586.00 1,606.00 1,646.00 1,696.00 1,746.00 1,806.00
221,612.00 1,632.00 1,672.00 1,722.00 1,772.00 1,832.00
231,638.00 1,658.00 1,698.00 1,748.00 1,798.00 1,858.00
241,664.00 1,684.00 1,724.00 1,774.00 1,824.00 1,884.00
251,690.00 1,710.00 1,750.00 1,800.00 1,850.00 1,910.00
261,716.00 1,736.00 1,776.00 1,826.00 1,876.00 1,936.00
271,742.00 1,762.00 1,802.00 1,852.00 1,902.00 1,962.00
281,768.00 1,788.00 1,828.00 1,878.00 1,928.00 1,988.00
291,794.00 1,814.00 1,854.00 1,904.00 1,954.00 2,014.00
301,820.00 1,840.00 1,880.00 1,930.00 1,980.00 2,040.00
0 1,290.00 1,360.00
1 1,316.00 1,386.00
2 1,342.00 1,412.00
3 1,368.00 1,438.00
4 1,394.00 1,464.00
5 1,420.00 1,490.00
6 1,446.00 1,516.00
7 1,472.00 1,542.00
8 1,498.00 1,568.00
9 1,524.00 1,594.00
CLASS TITLEPAY GRADE
Accountant I D
Accountant II E
Accountant III F
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 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.
(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.
(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. the following day, the employee shall be paid
no less than an additional ten dollars per month and one half of
the 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 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 of the additional hours at a rate
of one and one-half times their usual hourly rate and paid
entirely from county board funds.
(7) No service employee may have his or her daily work
schedule changed during the school year without the employee's
written consent, and the employee's required daily work hours 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 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 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 include, but are not limited
to, travel, preparation of the work site, removal of asbestos
decontamination of the work site, placing and removal of
equipment 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 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.
(11) The minimum clerical help in schools shall be provided
as follows: Schools with up to three hundred students, one
full-day secretary; schools with three hundred to five hundred
students, one full-day secretary and one half-day additional clerical help and schools with more than five hundred students,
one full-day secretary and one full-day additional clerical help.
(12) Notwithstanding the provisions of section six, article
two of this chapter, county boards of education shall be
prohibited from reducing the employment terms of school service
personnel without the written consent of the affected employee in
the current fiscal year or for subsequent fiscal years. County
boards of education may not circumvent this prohibition by
terminating the contract of employment of a school service
personnel and issuing a new contract of employment to the
employee at a reduced term of employment.
(13) An employee who is required to take the drug-alcohol
test at any time other than during an employee's regular work day
shall be paid an additional amount of no less than one seventh of
the employee's daily rate of pay for each hour or fraction
thereof engaged in taking the test.
(14) Any school bus used to provide transportation of a
student or students enrolled in an alternative school or any
student who has a drug or alcohol related problem shall have an
aide on the bus to assist the bus operator.
NOTE: The purpose of this bill is to require schools to
follow guidelines for full-day and half-day cooks and requires at
least one Class III cook at a school that prepares meals. Provides for Class IV custodian at school and establishes number
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.