hb2238 intr

H. B. 2238

(By Delegates Manuel and Hubbard)

[Introduced February 15, 2001 ; referred to the

Committee on Education then Finance.]

A BILL to amend and reenact section three, article two, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employment of substitute teachers; extending full-time professional status to a substitute teacher who holds a position for thirty or more consecutive days; and limiting the seniority gained to that of a substitute professional.

Be it enacted by the Legislature of West Virginia:

That section three, article two, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-3. Employment of substitute teachers and prospective employable professional personnel.

(a) The county superintendent, subject to approval of the county board, 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 the absence is approved by the board of education in accordance with the law. The substitute shall be a duly certified teacher. Any substitute teacher who is placed in a substitute teaching position which lasts for thirty consecutive days or more may, on the thirtieth day, be considered a regular full-time professional employee entitled to all rights and benefits including insurance coverage and retirement credit: Provided, That a substitute teacher shall accrue seniority only as a substitute professional as defined in article four, section seven-a of this chapter.

(b) Prospective employable professional personnel may be employed in accordance with this subsection.

(1) As an aid in recruiting teachers in the state, and notwithstanding any other provision of this code to the contrary, a superintendent of a county that meets the requirements in subdivision (3) of this subsection or obtains approval from the state board in accordance with subdivision (4) of this subsection may employ up to twenty-five full-time prospective employable professional personnel each year on a reserve list at the county level. Regular employment status for such personnel may be obtained only in accordance with the provision of section seven-a, article four of this chapter.

(2) Prior to the employment of the full-time prospective employable professional personnel on a reserve list, the superintendent shall obtain from the county board:

(A) General approval to employ the personnel on the reserve list;

(B) General approval as to the form of the contract to be used in employing the personnel; and

(3) Unless a county is eligible under subdivision (4) of this subsection, a county is eligible to hire professional personnel in accordance with this subsection only if the county's net enrollment during the year is more than one hundred students greater than the fourth year prior to the current year.

(4) Unless a county is eligible under subdivision (3) of this subsection, a county is eligible to hire professional personnel in accordance with this subsection only if the county requests and receives approval from the state board. The state board shall determine the criteria for granting approval including, but not limited to, vacancies in professional personnel positions and the need to recruit teachers in specific subject matter areas. The state board annually shall determine the number of prospective employable professional personnel to be hired: Provided, That the number may not exceed twenty-five.

(5) The state board annually shall review the status of employing personnel under the provisions of this subsection, and annually shall report to the legislative oversight commission on education accountability on or before the first day of November of each year. The report shall include, but not be limited to, the following:

(A) The counties that participated in the program;

(B) The number of personnel hired;

(D) The venue from which personnel were employed;

(E) The place of residency of the individual hired; and

(F) The state board's recommendations on the prospective employable professional personnel program.

NOTE: The purpose of this bill is to provide full employment status to substitute teachers who fill a position for thirty or more consecutive days.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.