ENROLLED
H. B. 4777
(By Delegates Mezzatesta,
Williams, Stemple, Davis, Ennis,
Shelton and Romine)
[Passed March 11, 2000; in effect July 1, 2000.]
AN ACT to amend and reenact section thirty-nine, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact sections eight, eight-a, eight-e, eight-g and
fifteen, article four, chapter eighteen-a of said code, all
relating to priority for service personnel working during
the normal school year when selecting a substitute for
summer school personnel; increasing the number of years that
service personnel receive the salary increment; increasing
the number of college hours or comparable credit for which
service personnel receive additional pay; competency tests
for service personnel; defining maintenance personnel;
seniority of substitute service personnel; employment of
service personnel substitutes; leaves of absence;
suspension; and time off for sickness or injury.
Be it enacted by the Legislature of West Virginia:
That section thirty-nine, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that sections eight,
eight-a, eight-e, eight-g and fifteen, article four, chapter
eighteen-a of said code be amended and reenacted, all to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-39. Establishment of summer school programs; tuition.
(a) Inasmuch as the present county school facilities for the
most part lie dormant and unused during the summer months, and
inasmuch as there are many students who are in need of remedial
instruction and others who desire accelerated instruction, it is
the purpose of this section to provide for the establishment of
a summer school program, which is to be separate and apart from
the full school term as established by each county.
(b) The board of any county has the authority to establish
a summer school program utilizing the public school facilities
and to charge tuition for students who attend the summer school.
The tuition may not exceed in any case the actual cost of
operation of the summer school program: Provided, That any
deserving pupil whose parents, in the judgment of the board, are
unable to pay the tuition, may attend the summer school program
at a reduced charge or without charge. The county board may
determine the term and curriculum of the summer schools based
upon the particular needs of the individual county. The
curriculum may include, but is not limited to, remedial instruction, accelerated instruction and the teaching of manual
arts. The term of the summer school program may not be
established in such a manner as to interfere with the regular
school term.
(c) The county boards may employ any certified teacher as
teachers for this summer school program. Certified teachers
employed by the county board to teach in the summer school
program shall be paid an amount to be determined by the county
board and shall enter into a contract of employment in such form
as is prescribed by the county board: Provided, That teachers
who teach summer courses of instruction which are offered for
credit and which are taught during the regular school year shall
be paid at the same daily rate they would receive if paid in
accordance with the then current minimum monthly salary in effect
for teachers in that county.
(d) Any funds accruing from the tuitions shall be credited
to and expended within the existing framework of the general
current expense fund of the county board.
(e) Notwithstanding any other provision of this code to the
contrary, the board shall fill professional positions established
pursuant to the provisions of this section on the basis of
certification and length of time the professional has been
employed in the county's summer school program. In the event
that no employee who has been previously employed in the summer
school program holds a valid certification or licensure, a board
shall fill the position as a classroom teaching position in accordance with section seven-a, article four, chapter eighteen-a
of this code.
(f) Notwithstanding any other provision of the code to the
contrary, the county board may employ school service personnel to
perform any related duties outside the regular school term as
defined in section eight, article four, chapter eighteen-a of
this code. An employee who was employed in any service personnel
job or position during the previous summer shall have the option
of retaining the job or position if the job or position exists
during any succeeding summer. If the employee is unavailable or
if the position is newly created, the position shall be filled
pursuant to section eight-b, article four, chapter eighteen-a of
this code. When any summer employee is absent, qualified regular
employees within the same classification category who are not
working because their employment term for the school year has
ended or has not yet begun the succeeding school employment term,
shall be given first opportunity to substitute for the absent
summer employee on a rotating and seniority basis. When any
summer employee who is employed in a summer position is granted
a leave of absence for the summer months, the board shall give
regular employment status to the employee for that summer
position which shall be filled under the procedure set forth in
section eight-b, article four, chapter eighteen-a of this code.
The summer employee on leave of absence has the option of
returning to that summer position if the position exists the
succeeding summer or whenever the position is reestablished if it were abolished. The salary of a summer employee shall be in
accordance with the salary schedule of persons regularly employed
in the same position in the county where employed and persons
employed in those positions are entitled to all rights,
privileges and benefits provided in sections five-b, eight,
eight-a, ten and fourteen, article four, chapter eighteen-a of
this code: Provided, That those persons are not entitled to a
minimum employment term of two hundred days for their summer
position.
(g) If a county board reduces in force the number of
employees to be employed in a particular summer program or
classification from the number employed in that position in
previous summers, the reductions in force and priority in
reemployment to that summer position shall be based upon the
length of service time in the particular summer program or
classification.
(h) For the purpose of this section, summer employment for
service personnel includes, but is not limited to, filling jobs
and positions as defined in section eight, article four, chapter
eighteen-a of this code and especially established for and which
are to be predominantly performed during the summer months to
meet the needs of a county board.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE FOUR. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) If an employee whose regular work week is scheduled from
Monday through Friday agrees 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.
(f) Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is
interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation equal to at least one
eighth of their total salary as provided by their state minimum
salary and any county pay supplement, and payable entirely from
county funds: Provided, That when engaged in duties of
transporting students exclusively, aides shall not be regarded as
working an interrupted schedule. Maintenance personnel are
defined as personnel who hold a classification title other than
in a custodial, aide, school lunch, office or transportation
category as provided in section one, article one of this chapter.
(g) 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.
(h) 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.
(i) 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:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "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;
(3) "Class title" means the name of the position or job held
by service personnel;
(4) "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;
(5) "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;
(6) "Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable
and/or payroll procedures;
(7) "Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide;
(8) "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;
(9) "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;
(10) "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;
(11) "Audiovisual technician" means personnel employed to
perform minor maintenance on audiovisual equipment, films,
supplies and the filling of requests for equipment;
(12) "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;
(13) "Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board: Provided, 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;
(14) "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;
(15) "Bus operator" means personnel employed to operate
school buses and other school transportation vehicles as provided
by the state board;
(16) "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;
(17) "Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture;
(18) "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;
(19) "Carpenter I" means personnel classified as a
carpenter's helper;
(20) "Carpenter II" means personnel classified as a
journeyman carpenter;
(21) "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;
(22) "Clerk I" means personnel employed to perform clerical
tasks;
(23) "Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
office machines;
(24) "Computer operator" means qualified personnel employed
to operate computers;
(25) "Cook I" means personnel employed as a cook's helper;
(26) "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;
(27) "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;
(28) "Crew leader" means personnel employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(29) "Custodian I" means personnel employed to keep
buildings clean and free of refuse;
(30) "Custodian II" means personnel employed as a watchman
or groundsman;
(31) "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;
(32) "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;
(33) "Director or coordinator of services" means personnel
who are assigned to direct a department or division. Nothing in this subdivision 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". 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;
(34) "Draftsman" means personnel employed to plan, design
and produce detailed architectural/engineering drawings;
(35) "Electrician I" means personnel employed as an
apprentice electrician helper or who holds an electrician helper
license issued by the state fire marshal;
(36) "Electrician II" means personnel employed as an
electrician journeyman or who holds a journeyman electrician
license issued by the state fire marshal;
(37) "Electronic technician I" means personnel employed at
the apprentice level to repair and maintain electronic equipment;
(38) "Electronic technician II" means personnel employed at
the journeyman level to repair and maintain electronic equipment;
(39) "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;
(40) "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;
(41) "Foremen" means skilled persons employed for
supervision of personnel who work in the areas of repair and
maintenance of school property and equipment;
(42) "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;
(43) "Glazier" means personnel employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(44) "Graphic artist" means personnel employed to prepare
graphic illustrations;
(45) "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;
(46) "Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system;
(47) "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;
(48) "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;
(49) "Heavy equipment operator" means personnel employed to
operate heavy equipment;
(50) "Inventory supervisor" means personnel who are employed
to supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies;
(51) "Key punch operator" means qualified personnel employed
to operate key punch machines or verifying machines;
(52) "Locksmith" means personnel employed to repair and
maintain locks and safes;
(53) "Lubrication man" means personnel employed to lubricate
and service gasoline or diesel-powered equipment of a county
school system;
(54) "Machinist" means personnel employed to perform
machinist tasks which include the ability to operate a lathe,
planer, shaper, threading machine and wheel press. These personnel should also have, the ability to work from blueprints
and drawings;
(55) "Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail;
(56) "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;
(57) "Mason" means personnel employed to perform tasks
connected with brick and block laying and carpentry tasks related
to such laying;
(58) "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;
(59) "Mechanic assistant" means personnel employed as a
mechanic apprentice and helper;
(60) "Multiclassification" means personnel employed to
perform tasks that involve the combination of two or more class
titles in this section. In these instances the minimum salary
scale shall be the higher pay grade of the class titles involved;
(61) "Office equipment repairman I" means personnel employed
as an office equipment repairman apprentice or helper;
(62) "Office equipment repairman II" means personnel
responsible for servicing and repairing all office machines and equipment. Personnel are responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair;
(63) "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;
(64) "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;
(65) "Plumber I" means personnel employed as an apprentice plumber and helper;
(66) "Plumber II" means personnel employed as a journeyman
plumber;
(67) "Printing operator" means personnel employed to operate
duplication equipment, and as required, to cut, collate, staple,
bind and shelve materials;
(68) "Printing supervisor" means personnel employed to
supervise the operation of a print shop;
(69) "Programmer" means personnel employed to design and
prepare programs for computer operation;
(70) "Roofing/sheet metal mechanic" means personnel employed
to install, repair, fabricate and maintain roofs, gutters,
flashing and duct work for heating and ventilation;
(71) "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;
(72) "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;
(73) "Secretary I" means personnel employed to transcribe
from notes or mechanical equipment, receive callers, perform
clerical tasks, prepare reports and operate office machines;
(74) "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 in
this subdivision that would prevent the employees from holding or
being elevated to a higher classification;
(75) "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" in this section
for eight years;
(76) "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;
(77) "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;
(78) "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;
(79) "Truck driver" means personnel employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(80) "Warehouse clerk" means personnel employed to be
responsible for receiving, storing, packing and shipping goods;
(81) "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; and
(82) "Welder" means personnel employed to provide acetylene
or electric welding services for a school system.
(j) 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.
(k) 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.
(l) 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 may 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.
(m) 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.
(n) 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.
(o) 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 2,1842,214 2,284
33 1,991 2,011 2,051 2,101 2,151 2,211 2,241 2,311
34 2,018 2,038 2,078 2,128 2,178 2,238 2,268 2,338
35 2,045 2,0652,105 2,155 2,205 2,265 2,295 2,365
36 2,072 2,092 2,132 2,182 2,232 2,292 2,322 2,392
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
372,2932,3132,3532,4032,4532,5132,5432,613
382,3222,3422,3822,4322,4822,5422,5722,642
392,3512,3712,4112,4612,5112,5712,6012,671
402,3802,4002,4402,4902,5402,6002,6302,700
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 SpecialistE
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
Sanitation Plant OperatorF
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
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 also shall be added
to the minimum monthly pay of each service employee for each of
the following:
(A) A service employee who holds twelve college hours or
comparable credit obtained in a trade or vocational school 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 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 as
approved by the state board;
(D) A service employee who holds forty-eight college hours
or comparable credit obtained in a trade or vocational school as
approved by the state board;
(E) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board; and
(F) A service employee who holds seventy-two college hours
or comparable credit obtained in a trade or vocational school as
approved by the state board.
(4) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p.m. and
five o'clock a.m. the following day, the employee shall be paid
no less than an additional ten dollars per month and one half of
the pay shall be paid with local funds.
(5) Any service employee required to work on any legal
school holiday shall be paid at a rate one and one-half times the
employee's usual hourly rate.
(6) Any full-time service personnel required to work in
excess of their normal working day during any week which contains
a school holiday for which they are paid shall be paid for the
additional hours or fraction of the additional hours at a rate of
one and one-half times their usual hourly rate and paid entirely
from county board funds.
(7) No service employee may have his or her daily work
schedule changed during the school year without the employee's
written consent and the employee's required daily work hours may
not be changed to prevent the payment of time and one-half wages
or the employment of another employee.
(8) The minimum hourly rate of pay for extra duty
assignments as defined in section eight-b of this article shall
be no less than one seventh of the employee's daily total salary
for each hour the employee is involved in performing the
assignment and paid entirely from local funds: Provided, That an
alternative minimum hourly rate of pay for performing extra duty
assignments within a particular category of employment may be
utilized if the alternate hourly rate of pay is approved both by
the county board and by the affirmative vote of a two-thirds
majority of the regular full-time employees within that
classification category of employment within that county:
Provided, however, That the vote shall be by secret ballot if
requested by a service personnel employee within that
classification category within that county. The salary for any
fraction of an hour the employee is involved in performing the
assignment shall be prorated accordingly. When performing extra
duty assignments, employees who are regularly employed on a
one-half day salary basis shall receive the same hourly extra
duty assignment pay computed as though the employee were employed
on a full-day salary basis.
(9) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties
required for asbestos removal shall be their regular total daily
rate of pay and no less than an additional three dollars per hour
or no less than five dollars per hour for service personnel
supervising asbestos removal responsibilities for each hour these
employees are involved in asbestos related duties. Related
duties required for asbestos removal include, but are not limited
to, travel, preparation of the work site, removal of asbestos
decontamination of the work site, placing and removal of
equipment and removal of structures from the site. If any member
of an asbestos crew is engaged in asbestos related duties outside
of the employee's regular employment county, the daily rate of
pay shall be no less than the minimum amount as established in
the employee's regular employment county for asbestos removal and
an additional thirty dollars per each day the employee is engaged
in asbestos removal and related duties. The additional pay for
asbestos removal and related duties shall be payable entirely
from county funds. Before service personnel employees may be
utilized in the removal of asbestos material or related duties,
they shall have completed a federal Environmental Protection Act-
approved training program and be licensed. The employer shall
provide all necessary protective equipment and maintain all
records required by the Environmental Protection Act.
(10) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required
to supervise, control, direct, monitor, escort or render service
to a child or children when not under the direct supervision of
certificated professional personnel within the classroom,
library, hallway, lunchroom, gymnasium, school building, school
grounds or wherever supervision is required. For purposes of
this section, "under the direct supervision of certificated
professional personnel" means that certificated professional
personnel is present, with and accompanying the aide.
§18A-4-8e. Competency testing for service personnel.
(a) The state board of education shall develop and cause to
be made available competency tests for all of the classification
titles defined in section eight and listed in section eight-a of
this article for service personnel. Each classification title
defined and listed shall be considered a separate classification
category of employment for service personnel and shall have a
separate competency test, except for those class titles having
Roman numeral designations, which shall be considered a single
classification of employment and shall have a single competency
test. The cafeteria manager class title shall be included in the
same classification category as cooks and shall have the same
competency test. The executive secretary class title shall be
included in the same classification category as secretaries and
shall have the same competency test. The classification titles
of chief mechanic, mechanic and assistant mechanic shall be
included in one classification title and shall have the same competency test.
(b) The purpose of these tests shall be to provide county
boards of education a uniform means of determining whether school
service personnel employees who do not hold a classification
title in a particular category of employment can meet the
definition of the classification title in another category of
employment as defined in section eight of this article.
Competency tests shall not be used to evaluate employees who hold
the classification title in the category of their employment.
(c) The competency test shall consist of an objective
written and/or performance test: Provided, That applicants shall
have the opportunity of taking the written test orally if
requested. Oral tests shall be recorded mechanically and kept on
file. Persons administering the oral test shall not know the
applicant personally. The performance test for all
classifications and categories other than bus operator shall be
administered by a vocational school which serves the county board
of education. A standard passing score shall be established by
the state department of education for each test and shall be used
by county boards of education. The subject matter of each
competency test shall be commensurate with the requirements of
the definitions of the classification titles as provided in
section eight of this article. The subject matter of each
competency test shall be designed in such a manner that achieving
a passing grade will not require knowledge and skill in excess of
the requirements of the definitions of the classification titles. Achieving a passing score shall conclusively demonstrate the
qualification of an applicant for a classification title. Once
an employee passes the competency test of a classification title,
the applicant shall be fully qualified to fill vacancies in that
classification category of employment as provided in section
eight-b of this article and shall not be required to take the
competency test again.
(d) An applicant who fails to achieve a passing score shall
be given other opportunities to pass the competency test when
making application for another vacancy within the classification
category.
(e) Competency tests shall be administered to applicants in
a uniform manner under uniform testing conditions. County boards
of education are responsible for scheduling competency tests,
notifying applicants of the date and time of the one day of
training prior to taking the test and the date and time of the
test. County boards of education shall not utilize a competency
test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with
the work schedule of a school employee who has applied for a
vacancy, the employee shall be excused from work to take the
competency test without loss of pay.
(g) A minimum of one day of appropriate inservice training
shall be provided employees to assist them in preparing to take
the competency tests.
(h) Competency tests shall be utilized to determine the qualification of new applicants seeking initial employment in a
particular classification title as either a regular or substitute
employee.
(i) Notwithstanding any provisions in this code to the
contrary, once an employee holds or has held a classification
title in a category of employment, that employee shall be
considered qualified for the classification title even though
that employee no longer holds that classification.
(j) The requirements of this section shall not be construed
to alter the definitions of class titles as provided in section
eight of this article nor the procedure and requirements of
section eight-b of this article.
§18A-4-8g. Determination of seniority for service personnel.
(a) 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 the 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.
(b) 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.
(c) 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.
(d) 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.
(e) A substitute school service employee shall acquire
regular employment status and seniority if the 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; Provided, further, That upon
termination of a leave of absence or a suspension, the employee
shall return to the status previously held. If the employee
returns to substitute status, the employee shall retain any
regular employee seniority accrued, however, this seniority may
not be used in the bidding process for regular positions unless
the employee again attains regular employee status or has
attained preferred recall status. 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.
(f) 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 applies 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 shall 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 shall 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 shall
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.
(g) 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.
(h) 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.
(i) School service personnel who hold multi-classification
titles shall accrue seniority in each classification category of
employment which the employee holds and shall be considered an
employee of each classification category contained within his or
her multi-classification title. Multi-classified employees are
subject to reduction in force in any category of employment
contained within their multi-classification title based upon the
seniority accumulated within that category of employment:
Provided, That if a multi-classified employee is reduced in force
in one classification category, the employee shall retain
employment in any of the other classification categories that he
or she holds within his multi-classification title. In that
case, the county board shall delete the appropriate
classification title or classification category from the contract
of the multi-classified employee.
(j) When applying to fill a vacancy outside the
classification categories held by the multi-classified employee,
seniority acquired simultaneously in different classification
categories shall be calculated as if accrued in one
classification category only.
(k) The seniority conferred in this section applies retroactively to all affected school service personnel, but the
rights incidental to the seniority shall commence as of the
effective date of this section.
§18A-4-15. Employment of service personnel substitutes.
(a) 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 who
requests a leave of absence from the county board in writing and
who is granted the leave in writing by the county board:
Provided, That if the 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 the 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 the
position and regular employee status only until the regular
employee returns to the position and the substitute shall have
and shall be accorded all rights, privileges and benefits
pertaining to the 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 in this section, upon
termination of the leave of absence the 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 the position:
Provided, That within twenty working days from the commencement
of the vacancy, 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 the person hired to fill
the vacancy shall have and shall be accorded all rights,
privileges and benefits pertaining to the 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
the position until the 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.
(b) Substitutes shall be assigned in the following manner:
A substitute with the greatest length of service time, that is,
from the date he or she began his or her 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, the 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 the absence.
(c) Regular school service personnel shall be returned by
the county board of education to the same position held prior to
any approved leave of absence or period of recovery from injury
or illness. The school service personnel shall retain all
rights, privileges and benefits which had accrued at the time of
the absence or accrued under any other provision of law during
the absence and shall have all rights, privileges and benefits
generally accorded school service employees at the time of return
to work.
(d) 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 or she is
employed.
(e) Before any substitute service employee enters upon his
or her duties, he or she shall execute with the county board a
written contract as provided in section five, article two of this
chapter.
(f) 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.
(g) 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.