H. B. 4414
(By Delegates Mezzatesta, Williams, Paxton, Susman and Willis)
(Originating in the Committee on Education)
[February 4, 2000]
A BILL to amend and reenact section one, article one, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section three, article two of said chapter, all relating to
county boards of education; defined terms; employment of
substitute teachers; and allowing the county superintendents
to hire prospective employable professional personnel.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that
article two of said chapter be amended and reenacted, all
ARTICLE 1. GENERAL PROVISIONS.
The definitions contained in section one, article one,
shall be applicable of this code apply to this chapter. In addition, the following words used in this chapter
and in any proceedings pursuant thereto shall, unless the context
clearly indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a
county board of education whether employed on a regular full-time
basis, an hourly basis or otherwise. School personnel shall be
comprised of two categories: Professional personnel and service
(b) "Professional personnel" means persons who meet the
certification and/or licensing requirements of the state, and
shall include includes the professional educator and other
(c) "Professional educator"
shall be is synonymous with and
shall have has the same meaning as "teacher" as defined in
section one, article one, chapter eighteen of this code.
Professional educators shall be classified as:
(1) "Classroom teacher" -- The professional educator who has
direct instructional or counseling relationship with pupils,
spending the majority of his or her time in this capacity.
(2) "Principal" -- The professional educator who as agent of
the board has responsibility for the supervision, management and
control of a school or schools within the guidelines established
by said board. The major area of such responsibility shall be
the general supervision of all the schools and all school
activities involving pupils, teachers and other school personnel.
(3) "Supervisor" -- The professional educator who, whether by this or other appropriate title, is responsible for working
primarily in the field with professional and/or other personnel
in instructional and other school improvement.
(4) "Central office administrator" -- The superintendent,
associate superintendent, assistant superintendent and other
professional educators, whether by these or other appropriate
titles, who are charged with the administering and supervising of
the whole or some assigned part of the total program of the
county-wide school system.
(d) "Other professional employee" means that person from
another profession who is properly licensed and is employed to
serve the public schools and
shall include includes a registered
professional nurse, licensed by the West Virginia board of
examiners for registered professional nurses and employed by a
county board of education, who has completed either a two-year
(sixty-four semester hours) or a three-year (ninety-six semester
hours) nursing program.
(e) "Service personnel" means those who serve the school or
schools as a whole, in a nonprofessional capacity, including such
areas as secretarial, custodial, maintenance, transportation,
school lunch and as aides.
(f) "Principals academy" or "academy" means the academy
created pursuant to section two-b, article three-a of this
(g) "Center for professional development" means the center
created pursuant to section one, article three-a of this chapter.
(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its professional employees who wish to divide between
them the duties and responsibilities of one authorized full-time
(i) "Prospective employable professional personnel" means
certified professional educators who have been recruited on a
reserve list of a county board but who have not obtained regular
employee status through the job posting process provided for in
section seven-a, article four of this chapter.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-3. Employment of substitute teachers and prospective
employable professional personnel
The county superintendent, subject to approval of the county
shall have authority to may employ and assign substitute
teachers to any of the following duties: (a) To fill the
temporary absence of any teacher or an unexpired school term made
vacant by resignation, death, suspension or dismissal; (b) to
fill a teaching position of a regular teacher on leave of
absence; and (c) to perform the instructional services of any
teacher who is authorized by law to be absent from class without
loss of pay, providing such the absence is approved by the board
of education in accordance with the law. Such The substitute
shall be a duly certified teacher.
As an aid in recruiting teachers in the state, and
notwithstanding any other provision of this code to the contrary, a county superintendent may employ up to twenty-five full-time
prospective employable professional personnel each year on a
reserve list at the county level
. Such personnel may be granted
benefits at a cost to the county board and as a condition of the
employment contract as approved by the county board. Regular
employment status for such personnel may be obtained only in
accordance with the provision of section seven-a, article four of