Senate Bill No. 589

(By Senators Mitchell, Caldwell and Love)

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[Introduced March 26, 2001; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section fifteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section three-a, article three, chapter eighteen-a of said code; to amend and reenact sections two and three, article four of said chapter; and to further amend said article by adding thereto a new section, designated section two-b, all relating to employment terms for teachers, principals and assistant principals; payment of fees for teachers; and increasing the state minimum salary schedule for teachers, principals and assistant principals.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section three-a, article three, chapter eighteen-a of said code be amended and reenacted; that sections two and three, article four of said chapter be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section two-b, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15. School term; exception; levies; ages of persons to whom schools are open.

(a) The board shall provide a school term for its schools which shall be comprised of: (1) An employment term for teachers; and (2) an employment term for principals and assistant principals; and (3) an instructional term for pupils. Nothing in this section shall prohibit prohibits the establishment of year-round schools in accordance with rules to be established by the state board.
The employment term is as follows: For teachers shall be no less than ten months; for principals no less than eleven months; and for assistant principals no less than ten and one-half months. a For the purposes of this section a month to be is defined as twenty employment days exclusive of Saturdays and Sundays: Provided, That the board may contract with all or part of the personnel for a longer term. The employment term shall be fixed within such beginning and closing dates as established by the state board: Provided, however, That the time between the beginning and closing dates does not exceed forty-three weeks for the employment term for teachers and the instructional term for pupils, and forty-four weeks for the employment term for principals and assistant principals.
Within the employment term there shall be an instructional term for pupils of not less than one hundred eighty nor more than one hundred eighty-five instructional days: Provided, That the minimum instructional term may be decreased, by order of the state superintendent of schools, in any West Virginia county declared to be a federal disaster area by the federal emergency management agency. Instructional and noninstructional activities may be scheduled during the same employment day. Noninstructional interruptions to the instructional day shall be minimized to allow the classroom teacher to teach. The instructional term shall commence no may not commence earlier than the twenty-sixth day of August and shall terminate no later than the eighth day of June. Provided, however, That the state board of education shall evaluate data which shall be submitted by each county by the first of June, one thousand nine hundred ninety-four, regarding the climate control conditions, such as air conditioning and related information at each school in the county, and how these conditions impact on the instructional term
The criterion referenced test mandated in section two, article two-e of this chapter shall not be required to be given during school year one thousand nine hundred ninety-three--ninety-four.
Noninstructional days in the employment term may be used for making up canceled instructional days, curriculum development, preparation for opening and closing of the instructional term, in-service and professional training of teachers, teacher-pupil-parent conferences, professional meetings and other related activities. In addition, each board shall designate and schedule for teachers and service personnel six days to be used by the employee outside the school environment. However, no more than eight noninstructional days, except holidays, may be scheduled prior to the first day of January in a school term.
Notwithstanding any other provisions of the law to the contrary, if the board has canceled instructional days equal to the difference between the total instructional days scheduled and one hundred seventy-eight, each succeeding instructional day canceled shall be rescheduled, utilizing only the remaining noninstructional days, except holidays, following such the cancellation, which are available prior to the second day before the end of the employment term established by such the county board.
Where the employment term overlaps a teacher's or service personnel's participation in a summer institute or institution of higher education for the purpose of advancement or professional growth, the teacher or service personnel may substitute, with the approval of the county superintendent, such participation for not more than five of the noninstructional days of the employment term.
The board may extend the instructional term beyond one hundred eighty-five instructional days provided the employment term is extended an equal number of days. If the state revenues and regular levies, as provided by law, are insufficient to enable the board of education to provide for the school term, the board may at any general or special election, if petitioned by at least five percent of the qualified voters in the district, submit the question of additional levies to the voters. If at the election a majority of the qualified voters cast their ballots in favor of the additional levy, the board shall fix the term and lay a levy necessary to pay the cost of the additional term. The additional levy fixed by the election shall may not continue longer than five years without submission to the voters. The additional rate shall may not exceed by more than one hundred percent the maximum school rate prescribed by article eight, chapter eleven of the code, as amended.
(b) The public schools shall be open for the full instructional term to all persons who have attained the entrance age as stated in section five, article two and section eighteen, article five, chapter eighteen of this code: Provided, That any student suspended or expelled from public or private school shall may only be permitted to enroll in public school upon the approval of the superintendent of the county where the student seeks enrollment: Provided, however, That in making such this decision, the principal of the school in which the student may enroll shall be consulted by the superintendent and the principal may make a recommendation to the superintendent concerning the student's enrollment in his or her new school: Provided further, That if enrollment to public school is denied by the superintendent, the student may petition the board of education where the student seeks enrollment.
Persons over the age of twenty-one may enter only those programs or classes authorized by the state board of education and deemed considered appropriate by the county board of education conducting any such program or class: Provided, That authorization for such these programs or classes shall in no way serve to may not affect or eliminate programs or classes offered by county boards of education at the adult level for which fees are charged to support such the programs or classes.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-3a. Payment of tuition, registration and other fees for teachers; maximum payment per teacher.

The West Virginia department of education shall establish in its annual budget a separate line item and shall pay from the appropriations therefor, to the extent that appropriations are provided, the tuition, registration and other required fees of the teachers, as defined in section one, article one, chapter eighteen of this code, with continuing contracts who have completed any courses meeting the requirements of the department for renewal of certification additional endorsement as required in section three of this article in any college or university within the state. A teacher may enroll for such these courses in a college or university outside the state and, upon receiving prior approval from the department, be reimbursed for tuition, registration and other required fees upon completion. thereof
However, payment for any single fee made by the department pursuant to the provisions of this section shall may not exceed the amount of the highest corresponding fee charged at a West Virginia state-supported college or university: Provided, That the payment for tuition, registration or other required fees under this section shall be limited to payment of such fees for up to a maximum of fifteen semester hours per teacher and may only be made to a teacher holding a valid West Virginia professional or provisional professional teaching, service or administrative certificate, or its equivalent for coursework completed toward additional endorsements in shortage areas, as defined by state board policy: Provided, however, That payment may only be made to a teacher who is not employed regularly for instructional purposes in a public school in West Virginia, if that teacher resides in this state. The payment shall be in accordance with rules and regulations promulgated proposed by the department pursuant to this section.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

 §18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive during the contract year the amount prescribed in the "state minimum salary schedule I" as set forth in this section, specific additional amounts prescribed in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article: during the contract year Provided, That the amount received by principals and assistant principals shall be adjusted according to the provisions of section two-b of this article.
STATE MINIMUM SALARY SCHEDULE I

(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years 4th3rd2ndA.B.M.A.M.A.M.A. Docto-
Exp.Class ClassClass A.B.+15M.A.+15+30+45 rate
0 18,572 19,209 19,464 20,674 21,409 23,117 23,852 24,587 25,322 26,322
1 18,853 19,490 19,745 21,139 21,874 23,582 24,317 25,052 25,787 26,787
2 19,134 19,772 20,027 21,604 22,339 24,047 24,782 25,517 26,252 27,252
3 19,416 20,053 20,308 22,069 22,804 24,512 25,247 25,982 26,717 27,717
4 19,933 20,570 20,826 22,770 23,505 25,213 25,948 26,683 27,418 28,418
5 20,214 20,852 21,107 23,235 23,970 25,678 26,413 27,148 27,883 28,883
6 20,496 21,133 21,388 23,700 24,435 26,143 26,878 27,613 28,348 29,348
7 20,496 21,414 21,670 24,165 24,900 26,608 27,343 28,078 28,813 29,813
8 20,496 21,696 21,951 24,630 25,365 27,073 27,808 28,543 29,278 30,278
9 20,496   22,232 25,095 25,830 27,538 28,273 29,008 29,743 30,743
10 20,496   22,513 25,561 26,296 28,004 28,739 29,474 30,209 31,209
11 20,496     26,026 26,761 28,469 29,204 29,939 30,674 31,674
12 20,496     26,491 27,226 28,934 29,669 30,404 31,139 32,139
13 20,496     26,956 27,691 29,399 30,134 30,869 31,604 32,604
14 20,496         29,864 30,599 31,334 32,069 33,069
15 20,496         30,329 31,064 31,799 32,534 33,534
16 20,496         30,794 31,529 32,264 32,999 33,999
17 20,496             32,729 33,464 34,464
18 20,496             33,194 33,929 34,929
19 20,496             33,659 34,394 35,394
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, each teacher shall receive, effective the first day of July, one thousand nine hundred ninety-nine, and thereafter, the amount prescribed in "state minimum salary schedule II" as set forth in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
STATE MINIMUM SALARY SCHEDULE II

(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years 4th3rd2ndA.B.M.A.M.A.M.A. Docto-
Exp.Class ClassClass A.B.+15M.A.+15+30+45 rate
0 19,328 19,965 20,220 21,430 22,165 23,873 24,608 25,343 26,078 27,078
1 19,609 20,246 20,501 21,895 22,630 24,338 25,073 25,808 26,543 27,543
2 19,890 20,528 20,783 22,360 23,095 24,803 25,538 26,273 27,008 28,008
3 20,172 20,809 21,064 22,825 23,560 25,268 26,003 26,738 27,473 28,473
4 20,689 21,326 21,582 23,526 24,261 25,969 26,704 27,439 28,174 29,174
5 20,970 21,608 21,863 23,991 24,726 26,434 27,169 27,904 28,639 29,639
6 21,252 21,889 22,144 24,456 25,191 26,899 27,634 28,369 29,104 30,104
7 21,252 22,170 22,426 24,921 25,656 27,364 28,099 28,834 29,569 30,569
8 21,252 22,452 22,707 25,386 26,121 27,829 28,564 29,299 30,034 31,034
9 21,252   22,988 25,851 26,586 28,294 29,029 29,764 30,499 31,499
10 21,252   23,269 26,317 27,052 28,760 29,495 30,230 30,965 31,965
11 21,252     26,782 27,517 29,225 29,960 30,695 31,430 32,430
12 21,252     27,247 27,982 29,690 30,425 31,160 31,895 32,895
13 21,252     27,712 28,447 30,155 30,890 31,625 32,360 33,360
14 21,252         30,620 31,355 32,090 32,825 33,825
15 21,252         31,085 31,820 32,555 33,290 34,290
16 21,252         31,550 32,285 33,020 33,755 34,755
17 21,252             33,485 34,220 35,220
18 21,252             33,950 34,685 35,685
19 21,252             34,415 35,150 36,150
If "state minimum salary schedule 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, each teacher shall receive, effective the first day of July, two thousand, and thereafter, the amount prescribed in "state minimum salary schedule III" as set forth in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
STATE MINIMUM SALARY SCHEDULE III

(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)
Years 4th3rd2ndA.B.M.A.M.A.M.A. Docto-
Exp.Class ClassClass A.B.+15M.A.+15+30+45 rate
0 20,084 20,721 20,976 22,186 22,921 24,629 25,364 26,099 26,834 27,834
1 20,365 21,002 21,257 22,651 23,386 25,094 25,829 26,564 27,299 28,299
2 20,646 21,284 21,539 23,116 23,851 25,559 26,294 27,029 27,764 28,764
3 20,928 21,565 21,820 23,581 24,316 26,024 26,759 27,494 28,229 29,229
4 21,445 22,082 22,338 24,282 25,017 26,725 27,460 28,195 28,930 29,930
5 21,726 22,364 22,619 24,747 25,482 27,190 27,925 28,660 29,395 30,395
6 22,008 22,645 22,900 25,212 25,947 27,655 28,390 29,125 29,860 30,860
7 22,008 22,926 23,182 25,677 26,412 28,120 28,855 29,590 30,325 31,325
8 22,008 23,208 23,463 26,142 26,877 28,585 29,320 30,055 30,790 31,790
9 22,008   23,744 26,607 27,342 29,050 29,785 30,520 31,255 32,255
10 22,008   24,025 27,073 27,808 29,516 30,251 30,986 31,721 32,721
11 22,008     27,538 28,273 29,981 30,716 31,451 32,186 33,186
12 22,008     28,003 28,738 30,446 31,181 31,916 32,651 33,651
13 22,008     28,468 29,203 30,911 31,646 32,381 33,116 34,116
14 22,008         31,376 32,111 32,846 33,581 34,581
15 22,008         31,841 32,576 33,311 34,046 35,046
16 22,008         32,306 33,041 33,776 34,511 35,511
17 22,008             34,241 34,976 35,976
18 22,008             34,706 35,441 36,441
19 22,008             35,171 35,906 36,906
(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.
§18A-4-2b. Adjustment for principals of state minimum salary for teachers.

The state minimum salary for teachers as defined by section two of this article shall be adjusted for principals and assistant principals. This adjustment shall be determined by establishing a daily rate of pay for "state minimum salary schedule III" based on the ten month employment term provided in section fifteen, article five, chapter eighteen of this code. Each principal and assistant principal shall receive that daily rate of pay for each day of their contract term.
§18A-4-3. State minimum annual salary increments for principals and assistant principals.

In addition to any salary increments for principals and assistant principals, in effect on the first day of January, one thousand nine hundred ninety-six two thousand one, and paid from local funds, and in addition to the county schedule in effect for teachers, the county board shall pay each principal, a principal's salary increment and each assistant principal an assistant principal's salary increment as prescribed by this section commencing on the first day of July, one thousand nine hundred ninety-six two thousand one, from state funds appropriated for the salary increments.
State funds for this purpose shall be paid within the West Virginia public school support plan in accordance with article nine-a, chapter eighteen of this code.
The salary increment in this section for each principal shall be determined by multiplying the basic salary for teachers, as adjusted for principals and assistant principals by the provisions of section two-b of this article, in accordance with the classification of certification and of training of the principal as prescribed in this article, by the appropriate percentage rate prescribed in this section according to the number of teachers supervised.
STATE MINIMUM SALARY INCREMENT

RATES FOR PRINCIPALS

No. of Teachers
 Supervised Rates
1-76.0%
16.0%

8-146.5%
16.5%

15-247.0%
17.0%

25-387.5%
17.5%

39-578.0%
18.0%

58 and up8.5%
18.5%

The salary increment in this section for each assistant principal shall be determined in the same manner as that for principals, utilizing the number of teachers supervised by the principal under whose direction the assistant principal works, except that the percentage rate shall be fifty percent of the rate prescribed for the principal.
Salaries for employment beyond the minimum employment term shall be at the same daily rate as the salaries for the minimum employment terms.
For the purpose of determining the number of teachers supervised by a principal, the county board shall use data for the second school month of the prior school term and the number of teachers shall be interpreted to mean the total number of professional educators assigned to each school on a full-time equivalency basis: Provided, That if there is a change in circumstances because of consolidation or catastrophe, the county board shall determine what is a reasonable number of supervised teachers in order to establish the appropriate increment percentage rate.
No county may reduce local funds allocated for salary increments for principals and assistant principals in effect on the first day of January, one thousand nine hundred ninety-six two thousand one, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making the reduction.
Nothing in this section prevents a county board from providing, in a uniform manner, salary increments greater than those required by this section.
NOTE: The purpose of this bill is to redefine the employment terms for teachers, principals and assistant principals. It provides for the payment of fees for teachers. And, it increases the state minimum salary schedule for teachers, principals and assistant principals. The existing state minimum salary schedules I and II are eliminated, leaving state minimum salary schedule III as the only such schedule. Finally, the bill increases the state minimum salary increment rates for principals by ten percent at each level.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
§18A-4-2b is new; therefore, strike-throughs and underscoring have been omitted.