Senate Bill No. 145
(By Senator Schoonover)
____________
[Introduced January 14, 1999;
referred to the Committee
on Education; and then to the Committee on Finance.]
____________
A BILL to amend and reenact sections eight, eight-a, eight-b,
eight-g, fifteen and sixteen, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to education;
wages, salaries and other benefits; employment term and
class titles of service personnel and monthly salaries;
definitions, including sheet metal mechanic and roofer;
seniority rights; employment of service personnel
substitutes; and extracurricular assignments.
Be it enacted by the Legislature of West Virginia:
That sections eight, eight-a, eight-b, eight-g, fifteen and
sixteen, article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, all to read as follows:
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
titles.
"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 titles.
"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, and 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
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
steno type 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.
(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 I" and the minimum monthly pay for
each service employee whose employment is for a period of three
and one-half hours or less a day shall be at least one-half the
amount indicated in the "state minimum pay scale pay grade I" set
forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE I
A B C D E F G H
0 1,100 1,120 1,160 1,210 1,260 1,320 1,350 1,420
1 1,127 1,147 1,187 1,237 1,287 1,347 1,377 1,447
2 1,154 1,174 1,214 1,264 1,314 1,374 1,404 1,474
3 1,181 1,201 1,241 1,291 1,341 1,401 1,431 1,501
4 1,208 1,228 1,268 1,318 1,368 1,428 1,458 1,528
5 1,235 1,255 1,295 1,345 1,395 1,455 1,485 1,555
6 1,262 1,282 1,322 1,372 1,422 1,482 1,512 1,582
7 1,289 1,309 1,349 1,399 1,449 1,509 1,539 1,609
8 1,316 1,336 1,376 1,426 1,476 1,536 1,566 1,636
9 1,343 1,363 1,403 1,453 1,503 1,563 1,593 1,663
10 1,370 1,390 1,430 1,480 1,530 1,590 1,620 1,690
11 1,397 1,417 1,457 1,507 1,557 1,617 1,647 1,717
12 1,424 1,444 1,484 1,534 1,584 1,644 1,674 1,744
13 1,451 1,471 1,511 1,561 1,611 1,671 1,701 1,771
14 1,478 1,498 1,538 1,588 1,638 1,698 1,728 1,798
15 1,505 1,525 1,565 1,615 1,665 1,725 1,755 1,825
16 1,532 1,552 1,592 1,642 1,692 1,752 1,782 1,852
17 1,559 1,579 1,619 1,669 1,719 1,779 1,809 1,879
18 1,586 1,606 1,646 1,696 1,746 1,806 1,836 1,906
19 1,613 1,633 1,673 1,723 1,773 1,833 1,863 1,933
20 1,640 1,660 1,700 1,750 1,800 1,860 1,890 1,960
21 1,667 1,687 1,727 1,777 1,827 1,887 1,917 1,987
22 1,694 1,714 1,754 1,804 1,854 1,914 1,944 2,014
23 1,721 1,741 1,781 1,831 1,881 1,941 1,971 2,041
24 1,748 1,768 1,808 1,858 1,908 1,968 1,998 2,068
25 1,775 1,795 1,835 1,885 1,935 1,995 2,025 2,095
26 1,802 1,822 1,862 1,912 1,962 2,022 2,052 2,122
27 1,829 1,849 1,889 1,939 1,989 2,049 2,079 2,149
28 1,856 1,876 1,916 1,966 2,016 2,076 2,106 2,176
29 1,883 1,903 1,943 1,993 2,043 2,103 2,133 2,203
30 1,910 1,930 1,970 2,020 2,070 2,130 2,160 2,230
31 1,937 1,957 1,997 2,047 2,097 2,157 2,187 2,257
32 1,964 1,984 2,024 2,074 2,124 2,1842,2142,284
33 1,991 2,011 2,051 2,101 2,151 2,2112,2412,311
34 2,018 2,038 2,078 2,128 2,178 2,2382,2682,338
35 2,045 2,0652,105 2,155 2,205 2,2652,2952,365
36 2,072 2,092 2,132 2,182 2,232 2,2922,3222,392
Subject to a recommendation by the governor for a pay raise
through the delivery of an executive message to the Legislature
and an appropriation by the Legislature for a pay raise,
effective the first day of July, one thousand nine hundred
ninety-nine and thereafter, 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 II" 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 II" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A B C D E F G H
0 1,160 1,180 1,220 1,270 1,320 1,380 1,410 1,480
1 1,188 1,208 1,248 1,298 1,348 1,408 1,438 1,508
2 1,216 1,236 1,276 1,326 1,376 1,436 1,466 1,536
3 1,244 1,264 1,304 1,354 1,404 1,464 1,494 1,564
4 1,272 1,292 1,332 1,382 1,432 1,492 1,522 1,592
5 1,300 1,320 1,360 1,410 1,460 1,520 1,550 1,620
6 1,328 1,348 1,388 1,438 1,488 1,548 1,578 1,648
7 1,356 1,376 1,416 1,466 1,516 1,576 1,606 1,676
8 1,384 1,404 1,444 1,494 1,544 1,604 1,634 1,704
9 1,412 1,432 1,472 1,522 1,572 1,632 1,662 1,732
10 1,440 1,460 1,500 1,550 1,600 1,660 1,690 1,760
11 1,468 1,488 1,528 1,578 1,628 1,688 1,718 1,788
12 1,496 1,516 1,556 1,606 1,656 1,716 1,746 1,816
13 1,524 1,544 1,584 1,634 1,684 1,744 1,774 1,844
14 1,552 1,572 1,612 1,662 1,712 1,772 1,802 1,872
15 1,580 1,600 1,640 1,690 1,740 1,800 1,830 1,900
16 1,608 1,628 1,668 1,718 1,768 1,828 1,858 1,928
17 1,636 1,656 1,696 1,746 1,796 1,856 1,886 1,956
18 1,664 1,684 1,724 1,774 1,824 1,884 1,914 1,984
19 1,692 1,712 1,752 1,802 1,852 1,912 1,942 2,012
20 1,720 1,740 1,780 1,830 1,880 1,940 1,970 2,040
21 1,748 1,768 1,808 1,858 1,908 1,968 1,998 2,068
22 1,776 1,796 1,836 1,886 1,936 1,996 2,026 2,096
23 1,804 1,824 1,864 1,914 1,964 2,024 2,054 2,124
24 1,832 1,852 1,892 1,942 1,992 2,052 2,082 2,152
25 1,860 1,880 1,920 1,970 2,020 2,080 2,110 2,180
26 1,888 1,908 1,948 1,998 2,048 2,108 2,138 2,208
27 1,916 1,936 1,976 2,026 2,076 2,136 2,166 2,236
28 1,944 1,964 2,004 2,054 2,104 2,164 2,194 2,264
29 1,972 1,992 2,032 2,082 2,132 2,192 2,222 2,292
30 2,000 2,020 2,060 2,110 2,160 2,220 2,250 2,320
31 2,028 2,048 2,088 2,138 2,188 2,248 2,278 2,348
32 2,056 2,076 2,116 2,166 2,216 2,276 2,306 2,376
33 2,084 2,104 2,144 2,194 2,244 2,304 2,334 2,404
34 2,112 2,132 2,172 2,222 2,272 2,332 2,362 2,432
35 2,140 2,160 2,200 2,250 2,300 2,360 2,390 2,460
36 2,168 2,188 2,228 2,278 2,328 2,388 2,418 2,488
If "state minimum pay scale pay grade II" becomes effective
on the first day of July, one thousand nine hundred ninety-nine,
and the governor recommends a pay raise through the delivery of
an executive message to the Legislature and the Legislature
appropriates money for a pay raise, 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 III" 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 III" set forth in this section.
STATE MINIMUM PAY SCALE PAY GRADE III
Years of
EmploymentPay Grade
A B C DE F G H
0 1,220 1,240 1,280 1,330 1,380 1,440 1,470 1,540
1 1,249 1,269 1,309 1,359 1,409 1,469 1,499 1,569
2 1,278 1,298 1,338 1,388 1,438 1,498 1,528 1,598
3 1,307 1,327 1,367 1,417 1,467 1,527 1,557 1,627
4 1,336 1,356 1,396 1,446 1,496 1,556 1,586 1,656
5 1,365 1,385 1,425 1,475 1,525 1,585 1,615 1,685
6 1,394 1,414 1,454 1,504 1,554 1,614 1,644 1,714
7 1,423 1,443 1,483 1,533 1,583 1,643 1,673 1,743
8 1,452 1,472 1,512 1,562 1,612 1,672 1,702 1,772
9 1,481 1,501 1,541 1,591 1,641 1,701 1,731 1,801
10 1,510 1,530 1,570 1,620 1,670 1,730 1,760 1,830
11 1,539 1,559 1,599 1,649 1,699 1,759 1,789 1,859
12 1,568 1,588 1,628 1,678 1,728 1,788 1,818 1,888
13 1,597 1,617 1,657 1,707 1,757 1,817 1,847 1,917
14 1,626 1,646 1,686 1,736 1,786 1,846 1,876 1,946
15 1,655 1,675 1,715 1,765 1,815 1,875 1,905 1,975
16 1,684 1,704 1,744 1,794 1,844 1,904 1,934 2,004
17 1,713 1,733 1,773 1,823 1,873 1,933 1,963 2,033
18 1,742 1,762 1,802 1,852 1,902 1,962 1,992 2,062
19 1,771 1,791 1,831 1,881 1,931 1,991 2,021 2,091
20 1,800 1,820 1,860 1,910 1,960 2,020 2,050 2,120
21 1,829 1,849 1,889 1,939 1,989 2,049 2,079 2,149
22 1,858 1,878 1,918 1,968 2,018 2,078 2,108 2,178
23 1,887 1,907 1,947 1,997 2,047 2,107 2,137 2,207
24 1,916 1,936 1,976 2,026 2,076 2,136 2,166 2,236
25 1,945 1,965 2,005 2,055 2,105 2,165 2,195 2,265
26 1,974 1,994 2,034 2,084 2,134 2,194 2,224 2,294
27 2,003 2,023 2,063 2,113 2,163 2,223 2,253 2,323
28 2,032 2,052 2,092 2,142 2,192 2,252 2,282 2,352
29 2,061 2,081 2,121 2,171 2,221 2,281 2,311 2,381
30 2,090 2,110 2,150 2,200 2,250 2,310 2,340 2,410
31 2,119 2,139 2,179 2,229 2,279 2,339 2,369 2,439
32 2,148 2,168 2,208 2,258 2,308 2,368 2,398 2,468
33 2,177 2,197 2,237 2,287 2,337 2,397 2,427 2,497
34 2,206 2,226 2,266 2,316 2,366 2,426 2,456 2,526
35 2,235 2,255 2,295 2,345 2,395 2,455 2,485 2,555
36 2,264 2,284 2,324 2,374 2,424 2,484 2,514 2,584
CLASS TITLEPAY GRADE
Accountant ID
Accountant IIE
Accountant IIIF
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language Specialist E
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Roofer. . . . . . . . . . . . . . . . . . . . . . . . . . . F
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Sheet Metal Mechanic. . . . . . . . . . . . . . . . . . . . F
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
(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 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 of
education;
(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 of
education;
(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 of
education;
(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 of
education.
(4) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p.m. and
five o'clock a.m. 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 employee to give written consent to a
potential 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 or designated
as holding itinerant status.
(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 decontamination of the
work site, placing and removal of equipment, making any reports,
preparation of postproject reports necessary for completion of
the project, and removal of structures from the site. If any
member of an asbestos crew is engaged in asbestos related duties
outside of the employee's regular employment county, the daily
rate of pay shall be no less than the minimum amount as
established in the employee's regular employment county for
asbestos removal and an additional thirty dollars per each day
the employee is engaged in asbestos removal and related duties.
The additional pay for asbestos removal and related duties shall
be payable entirely from county funds. Before service personnel
employees may be utilized in the removal of asbestos material or
related duties, they shall have completed a federal environmental
protection act approved training program and be licensed. The
employer shall provide all necessary protective equipment and
maintain all records required by the environmental protection act.
(10) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a
supervisory aide and control over pupils if the aide is required
to supervise, control, direct, monitor, escort or render service
to a child or children when not under the direct supervision of
certificated professional personnel within the classroom,
library, hallway, lunchroom, gymnasium, school building, school
grounds or wherever 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 personnel 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, 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 or 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 of an
hour engaged in taking the test.
(13) The regular work day of a bus operator shall consist of
the transportation of students from home to school and the
transportation of students from school to home. Any bus operator
with a daily schedule consisting of transporting students from
home to school and transporting students from school to home
shall be considered a full-day employee. The bus operator's
place of assignment shall consist of the actual physical route
traveled by the bus operator in performing the regular daily
assignment.
§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 or her 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 or her 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 or her
employment that the employee deems to improve his or her working
circumstance within his or their 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 or her 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-4-8g. Determination of seniority for service personnel.
The seniority for service personnel shall be determined in
the following manner:
Seniority accumulation for a regular school service employee
begins on the date the employee enters upon regular employment
duties pursuant to a contract as provided in section five,
article two of this chapter and continues until the employee's
employment as a regular employee is severed with the county
board. Seniority shall not cease to accumulate when an employee
is absent without pay as authorized by the county board or the
absence is due to illness or other reasons over which the
employee has no control as authorized by the county board.
Seniority accumulation for a substitute employee shall begin upon
the date the employee enters upon the duties of a substitute as
provided in section fifteen of this article, after executing with the board a contract of employment as provided in section five,
article two of this chapter. The seniority of a substitute
employee, once established, shall continue until such employee
enters into the duties of a regular employment contract as
provided in section five, article two of this chapter or
employment as a substitute with the county board is severed.
Seniority of a regular or substitute employee shall continue to
accumulate except during the time when an employee is willfully
absent from employment duties because of a concerted work
stoppage or strike or is suspended without pay.
For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article: Provided, That when implementing a reduction in
force, an employee with the least seniority within a particular
classification category shall be properly released and placed on
the preferred recall list. The particular classification title
held by an employee within the classification category shall not
be taken into consideration when implementing a reduction in
force.
On or before the first day of September and the fifteenth
day of January of each school year, county boards shall post at
each county school or working station the current seniority list
or lists of each school service classification. Each list shall
contain the name of each regularly employed school service
personnel employed in each classification and the date that each
employee began performing his or her assigned duties in each
classification. Current seniority lists of substitute school
service personnel shall be available to employees upon request at
the county board office.
The seniority of an employee who transfers out of a class
title or classification category of employment and subsequently
returns to that class title or classification category of
employment shall be calculated as follows:
The county board shall establish the number of calendar days
between the date the employee left the class title or category of
employment in question and the date of return to the class title
or classification category of employment. This number of days
shall be added to the employee's initial seniority date to
establish a new beginning seniority date within the class title
or classification category. The employee shall then be considered as having held uninterrupted service within the class
title or classification category from the newly established
seniority date. The seniority of an employee who has had a break
in the accumulation of seniority as a result of being willfully
absent from employment duties because of a concerted work
stoppage or strike shall be calculated in the same manner.
A substitute school service employee shall acquire regular
employment status and seniority if said employee receives a
position pursuant to subsections (2) and (5), section fifteen of
this article: Provided, That a substitute employee who
accumulates regular employee seniority while holding a position
acquired pursuant to said subsections shall simultaneously
accumulate substitute seniority. County boards shall not be
prohibited from providing any benefits of regular employment for
substitute employees, but the benefits shall not include regular
employee status and seniority.
If two or more employees accumulate identical seniority, the
priority shall be determined by a random selection system
established by the employees and approved by the county board.
A board shall conduct the random selection within thirty days
upon the employees establishing an identical seniority date. All employees with an identical seniority date within the same class
title or classification category shall participate in the random
selection. As long as the affected employees hold identical
seniority within the same classification category, the initial
random selection conducted by the board shall be permanent for
the duration of the employment within the same classification
category of the employees by the board. This random selection
priority shall apply to the filling of vacancies and to the
reduction in force of school service personnel: Provided, That
if another employee or employees subsequently acquire seniority
identical to the employees involved in the original random
selection, a second random selection shall be held within thirty
days to determine the seniority ranking of the new employee or
employees within the group. The priority between the employees
who participated in the original random selection shall remain
the same. The second random selection will be performed by
placing numbered pieces of paper equal to the number of employees
with identical seniority in a container. The employees who were
not involved in the original random selection will draw a number
from the container which will determine their seniority within
the group as a whole. This process will be repeated if additional employees subsequently acquire identical seniority.
The same process will be utilized if additional employees are
subsequently discovered to have the same seniority as the
original group of employees but who did not participate in the
original random selection through oversight or mistake.
Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in
the same classification category of employment shall be given
first opportunity to fill the vacancy.
Seniority acquired as a substitute and as a regular employee
shall be calculated separately and shall not be combined for any
purpose. Seniority acquired within different classification
categories shall be calculated separately: Provided, That when
a school service employee makes application for a position
outside of the classification category currently held, if the
vacancy is not filled by an applicant within the classification
category of the vacancy, the applicant shall combine all regular
employment seniority acquired for the purposes of bidding on the
position.
School service personnel who hold multiclassification
titles shall accrue seniority in each classification category of employment which said employee holds and shall be considered an
employee of each classification category contained within his or
her multiclassification title. Multiclassified employees shall
be subject to reduction in force in any category of employment
contained within their multiclassification title based upon the
seniority accumulated within said category of employment:
Provided, That if a multiclassified employee is reduced in force
in one classification category, said employee shall retain
employment in any of the other classification categories that he
holds they hold within his their multiclassification title. In
such a case, the county board shall delete the appropriate
classification title or classification category from the contract
of the multiclassified employee: Provided, That an autism
mentor, braille or sign language specialist, or paraprofessional,
who spends the majority of that person's employment time in one
of these classifications, but who is also multiclassified as an
aide, pursuant to section eight of this article, need not be
reduced in force. These employees may retain their positions and
continue to accumulate seniority in each classification category
without either classification title being deleted.
When applying to fill a vacancy outside the classification categories held by the multiclassified employee, seniority
acquired simultaneously in different classification categories
shall be calculated as if accrued in one classification category
only.
The seniority conferred in this section applies
retroactively to all affected school service personnel, but the
rights incidental thereto shall commence as of the effective date
of this section.
§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
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. For
the purpose of this section, a leave of absence means that the
employee requests an extended leave of absence without pay for
any period of time not exceeding one year and is granted the
leave in writing after board approval;
(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 or her
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 they began his their 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 or her 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 they are
employed.
Before any substitute service employee enters upon his or
her their duties, he or she 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.
§18A-4-16. Extracurricular assignments.
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual
agreement of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular
duties shall mean, but not be limited to, any activities that
occur at times other than regularly scheduled working hours,
which include the instructing, coaching, chaperoning, escorting,
providing support services or caring for the needs of students,
and which occur on a regularly scheduled basis: Provided, That
all school service personnel assignments shall be considered
extracurricular assignments, except such assignments as are
considered either regular positions, as provided by section eight
or section eight-a of this article, or extra-duty assignments, as
provided by section eight-b of this article.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in
each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the employee and the board shall be in writing and signed by both
parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in
this section and shall not be conditioned upon the employee's
acceptance or continuance of any extracurricular assignment
proposed by the superintendent, a designated representative, or
the board.
(5) The board shall fill extracurricular school service
personnel assignments and vacancies in accordance with section
eight-b of this article: Provided, That an alternative procedure
for making extracurricular school service personnel assignments
within a particular classification category of employment may be
utilized if the alternative procedure is approved both by the
county board and by an affirmative vote of two thirds of the
employees within that classification category of employment.
(6) A county board of education may terminate any school
service personnel extracurricular assignment for lack of need
pursuant to section seven, article two of this chapter. If an
extracurricular contract has been terminated and is reestablished
in any succeeding school year, it shall be offered to the employee who held the assignment at the time of its termination.
If the employee declines the assignment, the extracurricular
assignment shall be posted and filled pursuant to section eight-b
of this chapter.
NOTE: This bill deals with service personnel wages,
salaries and other benefits, the employment term and class titles
of service personnel and monthly salaries. It adds definitions
for sheet metal mechanic and roofer. And deals with seniority
rights, employment of service personnel substitutes and
extracurricular assignments.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.