COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 613
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
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[Originating in the Committee on Education;
reported February 27, 1998.]
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A BILL to amend and reenact section eighteen-a, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section six, article nine-a of said chapter; to further
amend said article by adding thereto a new section,
designated section twenty-six; to amend and reenact section
twelve, article two, chapter eighteen-a of said code; to
amend and reenact sections eight, eight-a, eight-b and
fifteen, article four of said chapter; and to amend and
reenact section one-a, article two, chapter twenty-three of
said code, all relating to providing extra compensation to
aides who are assigned to kindergarten teachers who have
more than twenty pupils per session in the classroom; computing allowance for workers' compensation; providing
workers' compensation coverage for work-based learning;
evaluating service personnel; clarifying status of
multiclassified bus operators; defining class titles;
requiring Cook III in each school; increasing state minimum
salary schedule for service personnel; increasing monthly
pay for college or comparable credit; prohibiting
requirement that service personnel consent to changes in
daily work schedule as a condition of employment; adding to
related duties for asbestos removal; retaining pay grade of
involuntarily transferred service personnel; providing
additional pay for certain drug tests, alcohol tests or
both; providing additional salary increases for service
personnel; clarifying seniority accumulation of autism
mentor, braille or sign language specialist or
paraprofessional who are multiclassified as aides; providing
that requests for leaves of absence and approval of leaves
of absence be in writing; and specifying that service
personnel are not required to request leave of absence.
Be it enacted by the Legislature of West Virginia:
That section eighteen-a, article five, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that section six, article
nine-a of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section,
designated section twenty-six; that section twelve, article two,
chapter eighteen-a of said code be amended and reenacted; that
sections eight, eight-a, eight-b and fifteen, article four of
said chapter be amended and reenacted; and that section one-a,
article two, chapter twenty-three of said code be amended and
reenacted, all
to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18a. Maximum teacher-pupil ratio.
County boards of education shall provide, by the school year
one thousand nine hundred eighty-three--eighty-four, and
thereafter, sufficient personnel, equipment and facilities as
will ensure that each first and second grade classroom, or
classrooms having two or more grades that include either the
first or second grades shall not have more than twenty-five
pupils for each teacher of the grade or grades and shall not have
more than twenty pupils for each kindergarten teacher per
session, unless the state superintendent has excepted a specific
classroom upon application therefor by a county board.
County boards shall provide by the school year one thousand
nine hundred eighty-four--eighty-five, and continue thereafter, sufficient personnel, equipment and facilities as will ensure
that each third, fourth, fifth and sixth grade classroom, or
classrooms having two or more grades that include one or more of
the third, fourth, fifth and sixth grades, shall not have more
than twenty-five pupils for each teacher of the grade or grades.
Beginning with the school year one thousand nine hundred
eighty-six--eighty-seven, and thereafter, no county shall
maintain a greater number of classrooms having two or more grades
that include one or more of the grade levels referred to in this
section than were in existence in said county as of the first day
of January, one thousand nine hundred eighty-three: Provided,
That for the prior school years, and only if there is
insufficient classroom space available in the school or county,
a county may maintain one hundred ten percent of such number of
classrooms.
During the school year one thousand nine hundred eighty- four--eighty-five, and thereafter, the state superintendent is
authorized, consistent with sound educational policy, (a) to
permit on a statewide basis, in grades four through six, more
than twenty-five pupils per teacher in a classroom for the
purposes of instruction in physical education, and (b) to permit
more than twenty pupils per teacher in a specific kindergarten
classroom and twenty-five pupils per teacher in a specific
classroom in grades one through six during a school year in the event of extraordinary circumstances as determined by the state
superintendent after application by a county board of education.
The state board shall establish guidelines for the
exceptions authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils
above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the
twenty pupils per kindergarten teacher per session limit or the
twenty-five pupils per teacher limit in grades one through six is
waived in schools where the schoolwide pupil-teacher ratio is
twenty-five or less in grades one through six: Provided,
That a
teacher shall not have more than three pupils above the
teacher/pupil ratio as set forth in this section. Any
kindergarten teacher who has more than twenty pupils per session
and any classroom teacher of grades one through six who has more
than twenty-five pupils shall be paid additional compensation
based on the affected classroom teacher's average daily salary
divided by twenty for kindergarten teachers or twenty-five for
teachers of grades one through six for every day times the number
of additional pupils enrolled up to the maximum pupils permitted
in the teacher's classroom. Any aide assigned to a kindergarten
teacher who has more than twenty pupils per session shall be paid
additional compensation based on the affected aide's average
daily salary divided by twenty for every day times the number of additional pupils enrolled up to the maximum pupils permitted in
the teacher's classroom. All such additional compensation shall
be paid from county funds exclusively.
Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-four, a teacher in
grades one, two or three or classrooms having two or more such
grade levels, shall not have more than two pupils above the
teacher/pupil ratio as set forth in this section: Provided,
That
commencing with the school year beginning on the first day of
July, one thousand nine hundred ninety-five, such teacher shall
not have more than one pupil above the teacher/pupil ratio as set
forth in this section: Provided, however,
That commencing with
the school year beginning on the first day of July, one thousand
nine hundred ninety-six, such teacher shall not have any pupils
above the teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number
of pupils per teacher in a classroom for the purpose of
instruction in choral, band or orchestra music.
Each school principal shall assign students equitably among
the classroom teachers, taking into consideration reasonable
differences due to subject areas and/or grade levels.
The state board shall collect from each county board of
education information on class size and the number of pupils per teacher for all classes in grades seven through twelve. The
state board shall report such information to the legislative
oversight commission on education accountability before the first
day of January of each year.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-6. Foundation allowance for fixed charges.
The total allowance for fixed charges shall be the sum of
the following:
(1) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
current social security rate of contribution; plus
(2) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by four
hundredths of one percent as an allowance for unemployment
compensation contribution; plus
(3) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
rate which is derived by dividing the total estimated
contributions for workers' compensation for all county boards by
the sum of the foundation allowance for professional educators and other personnel, as determined in sections four and five
above. The total estimated contribution for workers' compensation
is determined by multiplying each county board's allowance for
professional educators and other personnel, as determined by
sections four and five above, by the county's actual contribution
rate by using data of the most recent year for which it is
available: Provided, That for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-nine, the
distribution of the allowance for workers' compensation shall be
made to each county based upon either the lower of the rate as
determined by this section or the county's actual rate for the
most recent year for which it is available: Provided, however,
That as an incentive for maintaining a rate that is lower than
the rate as determined by this section, each county whose actual
rate is lower than the rate determined by this section shall also
receive one half of the difference in the amounts determined by
using the county's actual rate and the rate determined by this
section: Provided, further, That the remainder of the allowance
for workers' compensation shall be distributed proportional to
the difference between the amount allocated using the rate as
determined by this section and the amount actually required to
those counties with an actual rate that is greater than the rate
determined in this section; plus
(4) The teachers retirement fund allowance as determined in section six-a of this article.
§18-9A-26.Allowance for workers' compensation for unpaid
student work-based learning.
(a) The workers' compensation division shall create a
classification and calculate a base premium tax rate for students
participating in an unpaid work-based learning experience off
school premises as a part of the school curriculum with employers
other than the county board of education. The workers'
compensation division shall report to the state department of
education:
(1) The amount of the base premium tax rate for the class;
and
(2) The amount of wages per student to be used to provide
the minimum weekly benefits required by section six, article
four, chapter twenty-three of this code.
(b) The state department of education shall communicate the
amount of the premium to the governor and Legislature by the
first day of December of each year, beginning the first day of
December, one thousand nine hundred ninety-eight.
(c) The base premium tax rate reported to the state
department of education shall be that which was published by the
workers' compensation division prior to the first day of the
immediately preceding July. That premium tax rate, however,
shall not be implemented by the workers' compensation division until the first day of January and shall remain in effect through
the last day of the next December. The workers' compensation
division shall make no merit rate adjustment, as otherwise
provided for in paragraph (A), subdivision (1),subsection (a),
section four, article two, chapter twenty-three of this code, for
the members of the class required to be created by subsection (a)
of this section.
(d) Notwithstanding anything to the contrary in any rules
adopted to implement the provisions of section four, article two,
chapter twenty-three of this code and for the sole purposes of
this section, the workers' compensation division shall permit any
county board of education affected by this section to be
classified in accordance with this section and to be also
classified as otherwise required by any rules adopted to
implement the provisions of section four, article two, chapter
twenty-three of this code.
(e) Subject to an appropriation by the Legislature, funds
shall be provided to the department of education to distribute to
the county boards. If the appropriation is less than the total
premium calculated, the county boards, individually, shall either
reduce the number of students participating in work-based
learning experiences off school premises or the county boards
shall pay the difference between the amount of the premium
calculated by the workers' compensation division and the amount allocated to the county board by the department of education.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The state board of education shall adopt a written
system for the evaluation of the employment performance of
personnel, which system shall be applied uniformly by county
boards of education in the evaluation of the employment
performance of personnel employed by the board.
(b) The system adopted by the state board for evaluating
the employment performance of service personnel as defined in
section one, article one of this chapter shall conform to, but
not be limited by, the following:
(1) All school service personnel shall be evaluated by
their immediate supervisor: Provided, That if the county board or
superintendent can show that good cause exists to have the
evaluation of a particular service person performed by someone
other than the immediate supervisor, the board or superintendent
shall designate another professional employee to evaluate the
service person;
(2) School service personnel who hold continuing contract
status shall receive at least one evaluation by their immediate supervisor annually to be completed on or before the first day of
June of the current school year;
(3) On or before the first day of January, one thousand
nine hundred ninety-nine, the state board shall design and
provide an evaluation form which shall be the only form used by
the county boards; and
(4) To the extent feasible, the state board shall cause
policies regarding service personnel to be consistent with the
policies regarding professional personnel.
(b) (c) The system adopted by the state board of education
for evaluating the employment performance of professional
personnel shall be in accordance with the provisions of this
section. Professional personnel means professional personnel as
defined in section one, article one of this chapter. In
developing the professional personnel performance evaluation
system, and amendments thereto, the state board shall consult
with the professional development project of the center for
professional development created in section three, article
three-a of this chapter. The center shall actively participate
with the state board in developing written standards for
evaluation which clearly specify satisfactory performance and the
criteria to be used to determine whether the performance of each
professional personnel meets such standards.
The performance evaluation system shall contain, but shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated,
whether they be teachers, substitute teachers, administrators,
principals or others;
(2) The frequency and duration of the evaluations, which
shall be on a regular basis and of such frequency and duration as
to ensure the collection of a sufficient amount of data from
which reliable conclusions and findings may be drawn;
(3) The purposes of the evaluation, which shall serve as a
basis for the improvement of the performance of the personnel in
their assigned duties, serve as an indicator of satisfactory
performance for individual professional personnel and serve as
documentation for a dismissal on the grounds of unsatisfactory
performance, and serve as a basis for programs to increase the
professional growth and development of professional personnel;
(4) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards
and other criteria for evaluation for each professional position
evaluated; and
(5) Provisions for a written improvement plan, which shall
be specific as to what improvements, if any, are needed in the
performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for additional education and training during the professional's
recertification process.
A professional whose performance is deemed to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by
the employing county board of education and the professional.
The professional shall be given a reasonable period of time for
remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
No person may evaluate professional personnel for the
purposes of this section unless such person has an administrative
certificate issued by the state superintendent and has
successfully completed education and training in evaluation
skills through the center for professional development, or
equivalent education training approved by the state board, which
will enable the person to make fair, professional and credible
evaluations of the personnel whom the person is responsible for
evaluating. After the first day of July, one thousand nine
hundred ninety-four, no person may be issued an administrative
certificate or have an administrative certificate renewed unless
the state board determines that such person has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education and training approved by the state board.
Any professional personnel whose performance evaluation
includes a written improvement plan shall be given an opportunity
to improve his or her performance through the implementation of
the plan. If the next performance evaluation shows that the
professional is now performing satisfactorily, no further action
shall be taken concerning the original performance evaluation.
If such evaluation shows that the professional is still not
performing satisfactorily, the evaluator shall either make
additional recommendations for improvement or may recommend the
dismissal of such professional in accordance with the provisions
of section eight of this article.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel 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
term.
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 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 equal to at least one eighth of their total salary as provided by their state minimum salary and any county pay
supplement, and payable entirely from county funds: Provided,
That when engaged in duties of transporting students exclusively,
aides shall not be regarded as working an interrupted schedule:
Provided, however, That bus operators may not be regarded as
working an interrupted schedule unless they hold a
multiclassification title. Bus operator interrupted work
schedule additional pay may be no less than whichever is the
greater of the one-eighth pay as provided in this section or at
the federal minimum hourly rate of pay for each hour worked other
than as a bus operator.
Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
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
employment.
An employee's contract as provided in section five, article
two of this chapter shall state the appropriate monthly salary
the employee is to be paid, based on the class title as provided
in this article and any county salary schedule in excess of the
minimum requirements of this article.
The column heads of the state minimum pay scale and class titles, set forth in section eight-a of this article, are defined
as follows:
"Pay grade" means the monthly salary applicable to class
titles of service personnel.
"Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board in any position prior to or subsequent to the effective
date of this section and including service in the armed forces of
the United States, if the employee were employed at the time of
his or her induction. For the purpose of section eight-a of this
article, years of employment shall be limited to the number of
years shown and allowed under the state minimum pay scale as set
forth in section eight-a of this article.
"Class title" means the name of the position or job held by
service personnel.
"Accountant I" means personnel employed to maintain payroll
records and reports and perform one or more operations relating
to a phase of the total payroll.
"Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting
process associated with billing, budgets, purchasing and related
operations.
"Accountant III" means personnel who are employed in the
county board 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
education.
"Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed
eighteen hours of state board-approved college credit at a
regionally accredited institution of higher education, or who
have completed fifteen hours of state board-approved college
credit at a regionally accredited institution of higher education and successfully completed an in-service training program
determined by the state board to be the equivalent of three hours
of college credit.
"Audiovisual technician" means personnel employed to perform
minor maintenance on audiovisual equipment, films, supplies and
the filling of requests for equipment.
"Auditor" means personnel employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts.
"Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board: Provided, That the state board shall
determine these standards and experience on or before the first
day of July, one thousand nine hundred ninety-two: 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
state board.
"Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs.
"Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture.
"Cafeteria manager" means personnel employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial
reports and keeping records pertinent to food services of a
school.
"Carpenter I" means personnel classified as a carpenter's
helper.
"Carpenter II" means personnel classified as a journeyman
carpenter.
"Chief mechanic" means personnel employed to be responsible
for directing activities which ensure that student transportation or other board-owned vehicles are properly and safely maintained.
"Clerk I" means personnel employed to perform clerical
tasks.
"Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
office machines.
"Computer operator" means qualified personnel employed to
operate computers.
"Cook I" means personnel employed as a cook's helper.
"Cook II" means personnel employed to interpret menus, to
prepare and serve meals in a food service program of a school and
shall include personnel who have been employed as a "Cook I" for
a period of four years, if 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.
"Crew leader" means personnel employed to organize the work
for a crew of maintenance employees to carry out assigned
projects.
"Custodian I" means personnel employed to keep buildings
clean and free of refuse.
"Custodian II" means personnel employed as a watchman or groundsman.
"Custodian III" means personnel employed to keep buildings
clean and free of refuse, to operate the heating or cooling
systems and to make minor repairs.
"Custodian IV" means personnel employed as head custodians.
In addition to providing services as defined in "Custodian III",
their duties may include supervising other custodian personnel.
"Director or coordinator of services" means personnel who
are assigned to direct a department or division. Nothing herein
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
personnel.
"Draftsman" means personnel employed to plan, design and
produce detailed architectural/engineering drawings.
"Electrician I" means personnel employed as an apprentice
electrician helper or who holds an electrician helper license
issued by the state fire marshal.
"Electrician II" means personnel employed as an electrician
journeyman or who holds a journeyman electrician license issued
by the state fire marshal.
"Electronic technician I" means personnel employed at the
apprentice level to repair and maintain electronic equipment.
"Electronic technician II" means personnel employed at the
journeyman level to repair and maintain electronic equipment.
"Executive secretary" means personnel employed as the county
school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant
administrative duties.
"Food services supervisor" means qualified personnel not
defined as professional personnel or professional educators in
section one, article one of this chapter, employed to manage and
supervise a county school system's food service program. The duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency and keeping
aggregate records and reports.
"Foremen" means skilled persons employed for supervision of
personnel who work in the areas of repair and maintenance of
school property and equipment.
"General maintenance" means personnel employed as helpers to
skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system.
"Glazier" means personnel employed to replace glass or other
materials in windows and doors and to do minor carpentry tasks.
"Graphic artist" means personnel employed to prepare graphic
illustrations.
"Groundsmen" means personnel employed to perform duties that
relate to the appearance, repair and general care of school
grounds in a county school system. Additional assignments may
include the operation of a small heating plant and routine
cleaning duties in buildings.
"Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system.
"Heating and air conditioning mechanic I" means personnel
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical equipment.
"Heating and air conditioning mechanic II" means personnel
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment.
"Heavy equipment operator" means personnel employed to
operate heavy equipment.
"Inventory supervisor" means personnel who are employed to
supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies.
"Key punch operator" means qualified personnel employed to
operate key punch machines or verifying machines.
"Locksmith" means personnel employed to repair and maintain
locks and safes.
"Lubrication man" means personnel employed to lubricate and
service gasoline or diesel-powered equipment of a county school
system.
"Machinist" means personnel employed to perform machinist
tasks which include the ability to operate a lathe, planer,
shaper, threading machine and wheel press. Such personnel should
also have ability to work from blueprints and drawings.
"Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail.
"Maintenance clerk" means personnel employed to maintain and
control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts.
"Mason" means personnel employed to perform tasks connected
with brick and block laying and carpentry tasks related to such
laying.
"Mechanic" means personnel employed who can independently
perform skilled duties in the maintenance and repair of
automobiles, school buses and other mechanical and mobile
equipment to use in a county school system.
"Mechanic assistant" means personnel employed as a mechanic
apprentice and helper.
"Multiclassification" means personnel employed to perform
tasks that involve the combination of two or more class titles in
this section. In such instances the minimum salary scale shall
be the higher pay grade of the class titles involved.
"Office equipment repairman I" means personnel employed as
an office equipment repairman apprentice or helper.
"Office equipment repairman II" means personnel responsible
for servicing and repairing all office machines and equipment.
Personnel shall be responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair.
"Painter" means personnel employed to perform duties of painting, finishing and decorating of wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system.
"Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of pupils
under the direction of a principal, a teacher or another
designated professional educator: Provided, That no person
employed on the effective date of this section in the position of
an aide may be reduced in force or transferred to create a
vacancy for the employment of a paraprofessional: Provided,
however, That if any employee has held or holds an aide title and
becomes employed as a paraprofessional, 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 plumber.
"Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials.
"Printing supervisor" means personnel employed to supervise
the operation of a print shop.
"Programmer" means personnel employed to design and prepare
programs for computer operation.
"Roofing/sheet metal mechanic" "Roofer" means personnel
employed to install, repair, fabricate and maintain roofs,
gutters and flashing. and duct work for heating and ventilation.
"Sanitation plant operator" means personnel employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
environmental protection.
"School bus supervisor" means qualified personnel employed
to assist in selecting school bus operators and routing and
scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses
and promoting good relationships with parents, pupils, bus
operators and other employees.
"Secretary I" means personnel employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines.
"Secretary II" means personnel employed in any elementary,
secondary, kindergarten, nursery, special education, vocational
or any other school as a secretary. The duties may include
performing general clerical tasks, transcribing from notes or
stenotype or mechanical equipment or a sound-producing machine,
preparing reports, receiving callers and referring them to proper
persons, operating office machines, keeping records and handling
routine correspondence. There is nothing implied herein that
would prevent the employees from holding or being elevated to a
higher classification.
"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
years.
"Sheet metal mechanic" means personnel employed to install,
repair, fabricate and maintain gutters, flashing and duct work
for heating and ventilation.
"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
duties.
"Welder" means personnel employed to provide acetylene or
electric welding services for a school system.
In addition to the compensation provided for in section eight-a of this article, for service personnel, each service
employee 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
order.
No service employee, without his or her written consent, may be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the
current fiscal year or which would result in a reduction of his
or her salary, rate of pay, compensation or benefits for which he
or she would qualify by continuing in the same job position and
classification held during 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.
There shall be at least one "Cook III" employed in each
school where meals are prepared.
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
article.
§18A-4-8a. Service personnel minimum monthly salaries.
Each service person shall receive the amount prescribed in
"state minimum pay scale pay grade I": Provided, That effective
the first day of July, one thousand nine hundred ninety-eight,
and thereafter, each service person shall receive the amount
prescribed in the "state minimum salary schedule II" as set forth
in this section.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
Employ-
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
10 1,300.00 1,320.00 1,360.00 1,410.00 1,460.00 1,520.00
11 1,326.00 1,346.00 1,386.00 1,436.00 1,486.00 1,546.00
12 1,352.00 1,372.00 1,412.00 1,462.00 1,512.00 1,572.00
13 1,378.00 1,398.00 1,438.00 1,488.00 1,538.00 1,598.00
14 1,404.00 1,424.00 1,464.00 1,514.00 1,564.00 1,624.00
15 1,430.00 1,450.00 1,490.00 1,540.00 1,590.00 1,650.00
16 1,456.00 1,476.00 1,516.00 1,566.00 1,616.00 1,676.00
17 1,482.00 1,502.00 1,542.00 1,592.00 1,642.00 1,702.00
18 1,508.00 1,528.00 1,568.00 1,618.00 1,668.00 1,728.00
19 1,534.00 1,554.00 1,594.00 1,644.00 1,694.00 1,754.00
20 1,560.00 1,580.00 1,620.00 1,670.00 1,720.00 1,780.00
21 1,586.00 1,606.00 1,646.00 1,696.00 1,746.00 1,806.00
22 1,612.00 1,632.00 1,672.00 1,722.00 1,772.00 1,832.00
23 1,638.00 1,658.00 1,698.00 1,748.00 1,798.00 1,858.00
24 1,664.00 1,684.00 1,724.00 1,774.00 1,824.00 1,884.00
25 1,690.00 1,710.00 1,750.00 1,800.00 1,850.00 1,910.00
26 1,716.00 1,736.00 1,776.00 1,826.00 1,876.00 1,936.00
27 1,742.00 1,762.00 1,802.00 1,852.00 1,902.00 1,962.00
28 1,768.00 1,788.00 1,828.00 1,878.00 1,928.00 1,988.00
29 1,794.00 1,814.00 1,854.00 1,904.00 1,954.00 2,014.00
30 1,820.00 1,840.00 1,880.00 1,930.00 1,980.00 2,040.00
Years of
Employ-
ment G H
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
10 1,550.00 1,620.00
11 1,576.00 1,646.00
12 1,602.00 1,672.00
13 1,628.00 1,698.00
14 1,654.00 1,724.00
15 1,680.00 1,750.00
16 1,706.00 1,776.00
17 1,732.00 1,802.00
18 1,758.00 1,828.00
19 1,784.00 1,854.00
20 1,810.00 1,880.00
21 1,836.00 1,906.00
22 1,862.00 1,932.00
23 1,888.00 1,958.00
24 1,914.00 1,984.00
25 1,940.00 2,010.00
26 1,966.00 2,036.00
27 1,992.00 2,062.00
28 2,018.00 2,088.00
29 2,044.00 2,114.00
30 2,070.00 2,140.00
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A BC D E F GH
01,1001,1201,1601,2101,2601,3201,3501,420
11,1271,1471,1871,2371,2871,3471,3771,447
21,1541,1741,2141,2641,3141,3741,4041,474
31,1811,2011,2411,2911,3411,4011,4311,501
41,2081,2281,2681,3181,3681,4281,4581,528
51,2351,2551,2951,3451,3951,4551,4851,555
61,2621,2821,3221,3721,4221,4821,5121,582
71,2891,3091,3491,3991,4491,5091,5391,609
81,3161,3361,3761,4261,4761,5361,5661,636
91,3431,3631,4031,4531,5031,5631,5931,663
101,3701,3901,4301,4801,5301,5901,6201,690
111,3971,4171,4571,5071,5571,6171,6471,717
121,4241,4441,4841,5341,5841,6441,6741,744
131,4511,4711,5111,5611,6111,6711,7011,771
141,4781,4981,5381,5881,6381,6981,7281,798
151,5051,5251,5651,6151,6651,7251,7551,825
161,5321,5521,5921,6421,6921,7521,7821,852
171,5591,5791,6191,6691,7191,7791,8091,879
181,5861,6061,6461,6961,7461,8061,8361,906
191,6131,6331,6731,7231,7731,8331,8631,933
201,6401,6601,7001,7501,8001,8601,8901,960
211,6671,6871,7271,7771,8271,8871,9171,987
221,6941,7141,7541,8041,8541,9141,9442.014
231,7211,7411,7811,8311,8811,9411,9712,041
241,7481,7681,8081,8581,9081,9681,9982.068
251,7751,7951,8351,8851,9351,9952,0252,095
261,8021,8221,8621,9121,9622,0222,0522,122
271,8291,8491,8891,9391,9892,0492,0792,149
281,8561,8761,9161,9662,0162,0762,1062,176
291,8831,9031,9431,9932,0432,1032,1332,203
301,9101,9301,9702,0202,0702,1302,1602,230
311,9371,9571,9972,0472,0972,1572,1872,257
321,9641,9842,0242,0742,1242,1842,2142,284
331,9912,0112,0512,1012,1512,2112,2412,311
342,0182,0382,0782,1282,1782,2382,2682,338
352,0452,0652,1052,1552,2052,2652,2952,365
362,0722,0922,1322,1822,2322,2922,3222,392
CLASS TITLE PAY GRADE
Accountant ID
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor E
Braille or Sign Language Specialist E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
ParaprofessionalF
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
RooferF
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Sheet Metal MechanicF
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
(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 also 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. for
each of the following:
(a) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school or in
a staff development program as approved by the state board;
(b) A service employee who holds twenty-four college hours
or comparable credit obtained in a trade or vocational school or
in a staff development program as approved by the state board;
(c) A service employee who holds thirty-six college hours or
comparable credit obtained in a trade or vocational school or in
a staff development program as approved by the state board; and
(d) A service employee who holds forty-eight college hours
or comparable credit obtained in a trade or vocational school or
in a staff development program 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. A county board may not
require a school service person to give written consent to a
possible change of a future daily work schedule or assigned work
site as a condition of application to fill a vacancy or of
acceptance of a school service personnel position.
(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, 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 tests, removal of asbestos and other byproducts
and transportation of this material to the storage site,
decontamination of the work site, placing and removal of
equipment, making any reports, preparation of post-project
reports necessary for completion of the project, and removal of
structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's
regular employment county, the daily rate of pay shall be no less
than the minimum amount as established in the employee's regular
employment county for asbestos removal and an additional thirty
dollars per each day the employee is engaged in asbestos removal
and related duties. The additional pay for asbestos removal and
related duties shall be payable entirely from county funds.
Before service personnel employees may be utilized in the removal
of asbestos material or related duties, they shall have completed
a federal Environmental Protection Act approved training program
and be licensed. The employer shall provide all necessary
protective equipment and maintain all records required by the
Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a
supervisory aide and control over pupils if the aide is required
to supervise, control, direct, monitor, escort or render service
to a child or children when not under the direct supervision of
certificated professional personnel within the classroom,
library, hallway, lunchroom, gymnasium, school building, school
grounds or wherever 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) Any school service person who is placed involuntarily
on transfer pursuant to article two, section seven of this
chapter shall retain his or her current classification title and
pay grade upon acceptance of a position of a lower class title
and pay grade within his or her classification category:
Provided, however, That the employee may be multiclassified if
necessary to perform the duties of the accepted positions.
(12) An employee who is required to take a drug test,
alcohol test or both 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.
(11) Subject to a recommendation by the governor and an
appropriation by the Legislature therefor, it shall be the intent
to increase the annual salary of service employees by seven
hundred fifty-six dollars in the fiscal year commencing on the
first day of July, one thousand nine hundred ninety-nine, and to
increase annual salaries of service employees again by seven
hundred fifty-six dollars in the fiscal year commencing on the
first day of July, two thousand.
§18A-4-8b. Seniority rights for school service personnel.
A county board shall make decisions affecting promotions and
the 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 of
this article, 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 of this article, that relates to the
promotion or vacancy. If requested by the employee, the board
must show valid cause why an employee with the most seniority is
not promoted or employed in the position for which he or she
applies. Applicants shall be considered in the following order:
(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 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 of this article 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. Paraprofessional, autism
mentor and braille or sign language specialist class titles 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 or she enters
into his assigned duties.
Notwithstanding any other provisions of this chapter to the
contrary, decisions affecting service 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
extra-duty 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 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 the 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 concerning reduction in work
force of service personnel shall be made on the basis of
seniority, as provided in this section.
The seniority of any service personnel shall be determined
on the basis of the length of time the employee has been employed
by the county board within a particular job classification. For
the purpose of establishing seniority for a preferred recall list
as provided in this section, when an employee has been employed
in one or more classifications, the seniority accrued in each
previous classification shall be retained by the employee.
If a county board is 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 the classification or grades of classification,
he or she shall be employed in any other job classification which
he or she previously held with the county board if there is a
vacancy and shall retain any seniority accrued in the 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
licensure.
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
county board.
The county board shall notify all employees on the preferred
recall list of all position openings that from time to time
exist. The notice shall be sent by certified mail to the last
known address of the employee; it is the duty of each such
employee to notify the county board of any change in the address
of the 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
reemployment.
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. 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 shall be paid entirely from local funds. Further,
the board is liable to any party prevailing against the board for
any court reporter costs including copies of transcripts.
§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, shall assign
substitute service personnel on the basis of seniority to perform
any of the following duties:
(1) To fill the temporary absence of another service
employee;
(2) To fill the position of a regular service employee on
who requests a leave of absence from the county board in writing
and who is granted the leave in writing by the county board 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, however, 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:
Provided further, That no service person may be required to
request or to take a leave of absence: And provided further, That
no service person shall be deprived of any right or privilege of
regular employment status for refusal to request or failure to
take a leave of absence;
(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 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
article.
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 or her duties, he shall execute with the county board a written
contract as provided in section five, article two of this
chapter.
To establish a uniform system of providing a fair and
equitable opportunity for substitutes to enter upon their duties
for the first time, the following method shall be used: The
initial order of assigning newly employed substitutes shall be
determined by a random selection system established by the
affected substitute employees and approved by the county board.
This initial priority order shall be in effect only until the
substitute service personnel have entered upon their duties for
the first time.
Substitute service employees who have worked thirty days for
a school system shall have all rights pertaining to suspension,
dismissal and contract renewal as is granted to regular service
personnel in sections six, seven, eight and eight-a, article two
of this chapter.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23-2-1a. Employees subject to chapter.
(a) Employees subject to this chapter are all persons in the
service of employers and employed by them for the purpose of carrying on the industry, business, service or work in which they
are engaged, including, but not limited to:
(1) Persons regularly employed in the state whose duties
necessitate employment of a temporary or transitory nature by the
same employer without the state;
(2) Every person in the service of the state or of any
political subdivision or agency thereof, under any contract of
hire, express or implied, and every appointed official or officer
thereof while performing his or her official duties;
(3) Checkweighmen employed according to law;
(4) All members of rescue teams assisting in mine accidents
with the consent of the owner who, in such case, shall be deemed
the employer, or at the direction of the director of the
department of mines;
(5) All forest fire fighters who, under the supervision of
the director of the department of natural resources or his or her
designated representative, assist in the prevention, confinement
and suppression of any forest fire; and
(6) Students while participating in a work-based learning
experience with an employer approved as a part of the curriculum
by the county board. The county board shall be the employer of
record of students while participating in unpaid work-based
experiences off school premises with employers other than the
county board. Students in unpaid work-based learning experiences shall be considered to be paid the amount of wages so as to
provide the minimum workers' compensation weekly benefits
required by section six, article four of this chapter.
(b) The right to receive compensation under this chapter
shall not be affected by the fact that a minor is employed or is
permitted to be employed in violation of the laws of this state
relating to the employment of minors, or that he or she obtained
his or her employment by misrepresenting his or her age.