COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 194
(By Senators Wooton, Walker, White, Jackson, Buckalew,
Anderson, Ball, Hunter, Schoonover, Macnaughtan, Bowman, Snyder,
Love, Plymale and Ross)
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[Originating in the Committee on Education;
reported February 25, 1998.]
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A BILL to amend and reenact section seventeen, article four,
chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
article five-e, chapter forty-nine of said code by adding
thereto a new section, designated section six, all relating
to the provision of education opportunities to juveniles in
secure predispositional detention centers; providing that
the state department of education is responsible for
providing education opportunities to such juveniles; and
providing seniority rights to certain education employees
working at the secure predispositional detention centers.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article four, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that article five-e,
chapter forty-nine of said code be amended by adding thereto a
new section, designated section six, all to read as follows:
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-17. Health and other facility employee salaries.
(a) The minimum salary scale for professional personnel and
service personnel employed by the state department of education
to provide education and support services to residents of state
department of health and human resources facilities, corrections
facilities providing services to juvenile and youthful offenders
and in the West Virginia schools for the deaf and the blind shall
be the same as set forth in sections two, three and eight-a of
this article. Additionally, such personnel shall receive the
equivalent of salary supplements paid to professional and service
personnel employed by the county board of education in the county
wherein each facility is located, as set forth in sections five- a and five-b of this article. Professional personnel and service
personnel in these facilities who earn advanced classification of
training after the effective date of this section shall be paid
such advanced salary from the date such classification of training is earned. Such professional personnel shall be
required to be certified, licensed or trained, and/or shall meet
other eligibility classifications as may be required by the
provisions of this chapter and by state board regulations for
comparable instructional personnel who are employed by county
boards of education, and shall be paid at the equivalent rate of
pay of teachers as set forth in section two of this article, but
outside the public support plan, plus the equivalent of the
salary supplement paid to teachers employed by the county board
of education in the county wherein each facility is located, as
set forth in section five-a of this article.
(b) Professional personnel employed by the department to
provide educational service to residents in state department of
health and human resources facilities, corrections facilities
providing services to juvenile and youthful offenders or in the
West Virginia schools for the deaf and the blind shall be
afforded all the rights, privileges and benefits established for
such professional personnel under this article: Provided, That
such benefits shall apply only within the facility at which
employed: Provided, however, That benefits shall exclude
salaries unless explicitly provided for under this or other
sections of this article: Provided further, That seniority for
such professional personnel shall be determined on the basis of
the length of time that the employee has been professionally employed at the facility, regardless of which state agency was
the actual employer.
(c) Nothing contained in this section shall be construed to
mean that professional personnel and service personnel employed
by the department of education to provide educational and support
services to residents in state department of health and human
resources facilities, corrections facilities providing services
to juvenile and youthful offenders and the West Virginia schools
for the deaf and the blind are other than state employees.
(d) Notwithstanding any other provision of this section,
professional and service personnel employed in an educational
facility operated by the West Virginia department of education
pursuant to the terms of section six, article five-e, chapter
forty-nine shall accrue seniority at that facility on the basis
of the length of time the employee has been employed at the
facility, except that any professional or service personnel whose
employment at the facility was preceded immediately by employment
with the county board previously providing education services at
the facility or whose employment contract was with the county
board previously providing education services at the facility:
(1) shall retain any seniority accrued during employment by said
county board; (2) shall accrue seniority as a regular employee
with said county board during employment at the facility; (3)
shall attain continuing contract status in accordance with chapter eighteen-a, article two, section two with both the county
and the facility if the sum of the years employed by the county
and the facility equals the statutory number required for
continuing contract status; and (4) shall retain and continue to
accrue county and facility seniority in the event of reemployment
by said county as a result of direct transfer from the facility
or recall from the preferred list.
Reductions in work force in the facility or employment by
the facility or county board shall be made in accordance with the
provisions of chapter eighteen-a, article four, sections seven-a
and eight-b: Provided, That only years of employment within the
facility shall be considered for purposes of reduction in force
within the facility.
The seniority conferred herein shall apply retroactively to
all affected professional and service personnel, but the rights
incidental thereto shall commence as of the effective date of
this section.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-6. Provision of educational services for juveniles placed
in predispositional detention facilities.
(a) The state board of education and the division of
juvenile services are authorized to provide for adequate and
appropriate education opportunities for juveniles placed in secure predispositional detention centers operated by or under
contract with the division of juvenile services.
(b) Subject to appropriations by the Legislature, the state
board is authorized: (1) To provide education programs and
services for juveniles on the grounds of secure predispositional
detention centers; (2) to hire classroom teachers and other
school personnel necessary to provide adequate and appropriate
education opportunities to these juveniles; and (3) to provide
education services for such detained juveniles on a twelve-month
basis.
(c) The division of juvenile services shall cooperate with
the state board and the state superintendent in the establishment
and maintenance of education programs authorized under this
section. Subject to appropriations by the Legislature, the
division of juvenile services shall provide, or cause to be
provided, adequate space and facilities for such education
programs. The state board may not be required to construct,
improve or maintain any building, other improvement to real
estate or fixtures attached thereto at any secure
predispositional detention center for the purpose of establishing
and maintaining an education program.
(d) The state board is authorized to develop and approve
rules for the education of juveniles in secure predispositional
detention centers.
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FINANCE COMMITTEE AMENDMENTS
On page __, section seventeen, line__ , by striking out the
words "shall be" and inserting in lieu thereof the word "is";
On page __, section seventeen, line __, by striking out the
word "such" and inserting in lieu thereof the word "those";
On page __, section seventeen, line__ , after the word
"paid", by striking out the word "such" and inserting in lieu
thereof the word "the";
On page __, section seventeen, line __, after the word
"date" by striking out the word "such" and inserting in lieu
thereof the word "the";
On page __, section seventeen, line __, by striking out the
word "Such" and inserting in lieu thereof the word "The";
On page __, section seventeen, line __, by striking out the
words "be required to";
On page __, section seventeen, line __, by striking out the
word "and/or" and inserting in lieu thereof the word "and";
On page __, section seventeen, line __, by striking out the
words "education, and" and inserting in lieu thereof the words
"education. The professional personnel";
On page __, section seventeen, line __, by striking out the
word "wherein" and inserting in lieu thereof the words "in
which";
On page __, section seventeen, line __, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, after the word
"which" by inserting the words "the professional personnel are";
On page __, section seventeen, line __, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, after "(d)" by
inserting "(1)";
On page __, section seventeen, line __, after the word
"section" by inserting the words "to the contrary";
On page __, section seventeen, line __, by striking out the
word "terms" and inserting in lieu thereof the word "provisions";
On page __, section seventeen, line __, after the word
"forty-nine" by inserting in lieu thereof the words "of this
code";
On page __, section seventeen, line __, by striking out the
words "facility, except that any" and inserting in lieu thereof
the words "facility. Any";
On page __, section seventeen, line __, by striking out
"(1)" and inserting in lieu thereof "(A)";
On page __, section seventeen, line __, by striking out the
word "said" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, by striking out
"(2)" and inserting in lieu thereof "(B)";
On page __, section seventeen, line __, by striking out the
word "said" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, by striking out
"(3)" and inserting in lieu thereof "(C)";
On page __, section seventeen, line __, by striking out the
words "chapter eighteen-a, article two, section two" and
inserting in lieu thereof the words "section two, article two,
chapter eighteen-a of this code";
On page __, section seventeen, line __, by striking out
"(4)" and inserting in lieu thereof "(D)";
On page __, section seventeen, line __, by striking out the
word "said" and inserting in lieu thereof the word "the";
On page __, section seventeen, line __, before the word
"Reductions" by inserting "(2)";
On page __, section seventeen, lines __ and __, by striking
out the words "chapter eighteen-a, article four, sections seven-a
and eight-b" and inserting in lieu thereof the words "sections
seven-a and eight-b, article four, chapter eighteen-a of this
code";
On page __, section seventeen, line __, before the word
"The" by inserting "(3)";
On page __, section seventeen, line __, by striking out the words "herein shall apply" and inserting in lieu thereof the
words "in this section applies";
On page __, section seventeen, line __, by striking out the
word "thereto" and inserting in lieu thereof the words "to the
seniority";
On page __, section six, lines __ and __, by striking out
the words "and the division of juvenile services are" and
inserting in lieu thereof the word "is";
On page __, section six, line __, by striking out the word
"such" and inserting in lieu thereof the word "the";
On page __, section six, line __, by striking out the word
"such" and inserting in lieu thereof the word "the";
On page __, section six, line __, by striking out the words
"is authorized to" and inserting in lieu thereof the word "may";
And,
On page __, section six, line __, after the word "rules" by
inserting the words "in accordance with article three-a, chapter
twenty-nine-a of this code".