Senate Bill No. 1012
(By Senator Tomblin (Mr. President))
(By Request of the Executive)
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[Introduced May 13, 2010; referred to the
Committee on Education; and then to
the Committee on Finance.]
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A BILL to amend and reenact §18-7A-3 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto three
new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b;
and to amend and reenact §18A-4-5a of said code, all relating
to additional compensation for professional school personnel;
establishing findings; requiring a salary supplement for
teachers, principals and assistant principals employed in a
school with a student population that is high poverty or high
minority; requiring a salary supplement for classroom teachers
employed in a school with a student population that is high
poverty or high minority and who teach in a documented area of
shortage; defining terms; requiring a monetary incentive for
meeting goals for student growth during the previous school
year; requiring uniformity; authorizing additional monetary payments paid from local funds; excluding certain monetary
compensation created by this legislation from inclusion for
purposes of calculating retirement benefits; and authorizing
rules.
Be it enacted by the Legislature of West Virginia:
That §18-7A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto three new sections, designated §18A-4-2c, §18A-4-3a and
§18A-4-3b; and that §18A-4-5a of said code be amended and
reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-3. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Accumulated contributions" means all deposits and all
deductions from the gross salary of a contributor plus regular
interest.
(2) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member.
(3) "Actuarially equivalent" or "of equal actuarial value"
means a benefit of equal value computed upon the basis of the
mortality table and interest rates as set and adopted by the
retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the
federal maximum benefit requirements of Section 415 of the Internal
Revenue Code, "actuarially equivalent" shall be computed using the
mortality tables and interest rates required to comply with those
requirements.
(4) "Annuities" means the annual retirement payments for life
granted beneficiaries in accordance with this article.
(5) "Average final salary" means the average of the five
highest fiscal year salaries earned as a member within the last
fifteen fiscal years of total service credit, including military
service as provided in this article, or if total service is less
than fifteen years, the average annual salary for the period on
which contributions were made: Provided, That salaries for
determining benefits during any determination period may not exceed
the maximum compensation allowed as adjusted for cost of living in
accordance with section seven, article ten-d, chapter five of this
code and Section 401(a)(17) of the Internal Revenue Code.
(6) "Beneficiary" means the recipient of annuity payments made
under the retirement system.
(7) "Contributor" means a member of the retirement system who
has an account in the teachers accumulation fund.
(8) "Deposit" means a voluntary payment to his or her account
by a member.
(9) "Employer" means the agency of and within the state which has employed or employs a member.
(10) "Employer error" means an omission, misrepresentation or
violation of relevant provisions of the West Virginia Code or of
the West Virginia Code of State Regulations or the relevant
provisions of both the West Virginia Code and of the West Virginia
Code of State Regulations by the participating public employer that
has resulted in an underpayment or overpayment of contributions
required. A deliberate act contrary to the provisions of this
section by a participating public employer does not constitute
employer error.
(11) "Employment term" means employment for at least ten
months, a month being defined as twenty employment days.
(12) "Gross salary" means the fixed annual or periodic cash
wages paid by a participating public employer to a member for
performing duties for the participating public employer for which
the member was hired. Gross salary also includes retroactive
payments made to a member to correct a clerical error, or made
pursuant to a court order or final order of an administrative
agency charged with enforcing federal or state law pertaining to
the member's rights to employment or wages, with all retroactive
salary payments to be allocated to and considered paid in the
periods in which the work was or would have been done. Gross
salary does not include any monetary compensation received for
meeting goals for student growth, as set forth in section two-c, section three-a, section three-b and section five-a, article four,
chapter eighteen-a of this code, lump sum payments for bonuses,
early retirement incentives, severance pay or any other fringe
benefit of any kind including, but not limited to, transportation
allowances, automobiles or automobile allowances, or lump sum
payments for unused, accrued leave of any type or character.
(13) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as it has been amended.
(14) "Member" means any person who has accumulated
contributions standing to his or her credit in the State Teachers
Retirement System. A member shall remain a member until the
benefits to which he or she is entitled under this article are paid
or forfeited, or until cessation of membership pursuant to section
thirteen of this article.
(15) "Members of the administrative staff of the public
schools" means deans of instruction, deans of men, deans of women,
and financial and administrative secretaries.
(16) "Members of the extension staff of the public schools"
means every agricultural agent, boys' and girls' club agent and
every member of the agricultural extension staff whose work is not
primarily stenographic, clerical or secretarial.
(17) "New entrant" means a teacher who is not a present
teacher.
(18) "Nonteaching member" means any person, except a teacher member, who is regularly employed for full-time service by: (A)
Any county board of education; (B) the State Board of Education;
(C) the Higher Education Policy Commission; (D) the West Virginia
Council for Community and Technical College Education; or (E) a
governing board, as defined in section two, article one, chapter
eighteen-b of this code: Provided, That any person whose
employment with the Higher Education Policy Commission, the West
Virginia Council for Community and Technical College Education or
a governing board commences on or after July 1, 1991, is not
considered a nonteaching member.
(19) "Plan year" means the twelve-month period commencing on
July 1 and ending the following June 30 of any designated year.
(20) "Present member" means a present teacher who is a member
of the retirement system.
(21) "Present teacher" means any person who was a teacher
within the thirty-five years beginning July 1, 1934, and whose
membership in the retirement system is currently active.
(22) "Prior service" means all service as a teacher completed
prior to July 1, 1941, and all service of a present member who was
employed as a teacher, and did not contribute to a retirement
account because he or she was legally ineligible for membership
during the service.
(23) "Public schools" means all publicly supported schools,
including colleges and universities in this state.
(24) "Refund beneficiary" means the estate of a deceased
contributor or a person he or she has nominated as beneficiary of
his or her contributions by written designation duly executed and
filed with the retirement board.
(25) "Refund interest" means interest compounded, according to
the formula established in legislative rules, series seven of the
Consolidated Public Retirement Board, 162 CSR 7.
(26) "Regular interest" means interest at four percent
compounded annually, or a higher earnable rate if set forth in the
formula established in legislative rules, series seven of the
Consolidated Public Retirement Board, 162 CSR 7.
(27) "Regularly employed for full-time service" means
employment in a regular position or job throughout the employment
term regardless of the number of hours worked or the method of pay.
(28) "Required beginning date" means April 1 of the calendar
year following the later of: (A) The calendar year in which the
member attains age seventy and one-half years; or (B) the calendar
year in which the member retires or ceases covered employment under
the system after having attained the age of seventy and one-half
years.
(29) "Retirement system" means the State Teachers Retirement
System established by this article.
(30) "Teacher member" means the following persons, if
regularly employed for full-time service: (A) Any person employed for instructional service in the public schools of West Virginia;
(B) principals; (C) public school librarians; (D) superintendents
of schools and assistant county superintendents of schools; (E) any
county school attendance director holding a West Virginia teacher's
certificate; (F) the executive director of the retirement board;
(G) members of the research, extension, administrative or library
staffs of the public schools; (H) the State Superintendent of
Schools, heads and assistant heads of the divisions under his or
her supervision, or any other employee under the State
Superintendent performing services of an educational nature; (I)
employees of the State Board of Education who are performing
services of an educational nature; (J) any person employed in a
nonteaching capacity by the state Board of Education, any county
board of education, the State Department of Education or the State
Teachers Retirement Board, if that person was formerly employed as
a teacher in the public schools; (K) all classroom teachers,
principals and educational administrators in schools under the
supervision of the Division of Corrections, the Division of Health
or the Division of Human Services; (L) an employee of the State
Board of School Finance, if that person was formerly employed as a
teacher in the public schools; and (M) any person designated as a
21st Century Learner Fellow pursuant to section eleven, article
three, chapter eighteen-a of this code who elects to remain a
member of the State Teachers Retirement System provided in this article.
(31) "Total service" means all service as a teacher while a
member of the retirement system since last becoming a member and,
in addition thereto, credit for prior service, if any.
Age in excess of seventy years shall be considered to be
seventy years.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2c. State minimum annual salary supplement for classroom
teachers employed in high minority and high poverty
areas; state minimum monetary incentive for
classroom teachers based on student growth.
(a) Findings. -- The Legislature finds and declares that:
(1) Creating conditions for effective teaching and learning
requires a collaborative and systemic approach that supports and
develops educator talent to promote meaningful, evidence-based
improvements across the educator career continuum.
(2) The state should encourage experienced and effective
classroom teachers to teach in areas of high poverty or high
minority.
(3) The payment of an annual salary supplement to classroom
teachers in areas of high poverty or high minority will attract
experienced and effective classroom teachers to those areas and
persuade experienced and effective classroom teachers to stay in those areas.
(4) The payment of additional compensation to classroom
teachers in areas of high poverty or high minority who teach in a
documented statewide area of shortage in the areas of math and
science will encourage teachers to teach in these areas.
(5) The payment of a monetary incentive to classroom teachers
based on student growth will encourage high-quality instruction and
reward classroom teachers for performance.
(b) High poverty and high minority annual salary supplements.
--
Effective July 1, 2011:
(1) $1,000 shall be paid annually in equal monthly
installments to each classroom teacher employed in a school with a
student population that is high poverty or high minority.
(2) $500 shall be paid annually in equal monthly installments
to each classroom teacher teaching in a documented statewide area
of shortage in the areas of math and science and employed in a
school with a student population that is high poverty or high
minority.
(3) The salary supplements required by this subsection are in
addition to any amounts prescribed in the applicable state minimum
salary schedule and shall be considered a part of the state minimum
salaries established under the provisions of this article.
(4) The salary supplements required by this subsection shall be paid with state funds within the West Virginia Public School
Support Plan in accordance with article nine-a, chapter eighteen of
this code.
(5) For the purposes of this subsection:
(A) "High poverty" means a school which is ranked within the
top twenty-five percent of the public schools in the state based on
the percentage of students eligible for free and reduced price
meals.
(B) "High minority" means a school in which the student
population consists of twenty percent or more noncaucasian
students.
(C) After a school is determined to have a student population
that is high poverty or high minority, the school remains
classified as such for one year beyond the year in which it is
determined that it no longer meets the definition of a high poverty
or high minority school.
(c) Monetary incentive based on student growth. --
Effective July 1, 2011:
(1) $1,000 shall be paid to each classroom teacher who meets
goals for student growth during the previous school year:
Provided, That a lesser amount may be paid to each classroom
teacher on a pro rata basis in accordance with subparagraph (4) of
this subsection.
(2) The state board shall establish the criteria for annually determining which classroom teachers, on an individual, group or
school basis, have met goals for student growth during the previous
school year as evidenced by multiple measures. The state board
shall promulgate a rule for this purpose which shall apply
uniformly to all classroom teachers in the public schools. The
rule shall define the area or areas of student growth and measures
that support teaching and learning.
(3) A classroom teacher shall receive his or her monetary
incentive in a lump sum.
(4) The monetary incentive required by this subsection shall
be paid from funds appropriated to the West Virginia Department of
Education or received by it from other sources specifically for
this purpose. The State Superintendent shall provide an estimate
of the amount of the appropriation required to the Governor for
inclusion in his or her proposed budget to the Legislature. If the
amount of the appropriation is insufficient to provide payment of
all monetary incentives required under this subsection, each
county's allocation for payment of the incentives shall be reduced
pro rata. The Legislature may appropriate additional amounts to
provide payment of all monetary incentives required under this
subsection: Provided, That nothing in this section may be
construed to mandate additional funding for monetary incentives or
to require any additional appropriation by the Legislature.
(d) Rules. -- The state board shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code to implement
the provisions of this section.
§18A-4-3a. State minimum annual salary supplement for principals
and assistant principals in high minority and high
poverty areas; state minimum monetary incentive for
principals and assistant principals based on student
growth.
(a) Findings. -- The Legislature finds and declares that:
(1) Creating conditions for effective teaching and learning
requires a collaborative and systemic approach that supports and
develops educator talent to promote meaningful, evidence-based
improvements across the educator career continuum.
(2) The state should encourage experienced and effective
principals and assistant principals to supervise schools in areas
of high poverty or high minority.
(3) The payment of an annual salary supplement to principals
and assistant principals in areas of high poverty or high minority
will attract experienced and effective personnel to those areas and
persuade experienced and effective principals and assistant
principals to stay in those areas.
(4) The payment of a monetary incentive to principals and
assistant principals based on student growth will encourage high-
quality support and leadership and will reward principals and
assistant principals for performance.
(b) High poverty and high minority salary supplements. --
Effective July 1, 2011:
(1) $1,000 shall be paid annually in equal monthly
installments to each principal and assistant principal employed in
a school with a student population that is high poverty or high
minority.
(2) The salary supplement required by this subsection is in
addition to the salary increments required by section three of this
article and is in addition to any salary increments for principals
and assistant principals paid from local funds.
(3) The salary supplements required by this subsection shall
be paid with state funds within the West Virginia Public School
Support Plan in accordance with article nine-a, chapter eighteen of
this code.
(4) The salary supplements required by this subsection are in
addition to any amounts prescribed in the applicable state minimum
salary schedule and shall be considered a part of the state minimum
salaries established under the provisions of this article.
(5) For the purposes of this subsection:
(A) "High poverty" means a school which is ranked within the
top twenty-five percent of the public schools in the state based on
the percentage of students eligible for free and reduced price
meals.
(B) "High minority" means a school in which the student population consists of twenty percent or more noncaucasian
students.
(C) After a school is determined to have a student population
that is high poverty or high minority, the school remains
classified as such for one year beyond the year in which it is
determined that it no longer meets the definition of a high poverty
or high minority school.
(c) Monetary incentive based on student growth. --
Effective July 1, 2011:
(1) $1,000 shall be paid to each principal and assistant
principal whose school meets goals for student growth during the
previous school year: Provided, That a lesser amount may be paid
to each principal and assistant principal on a pro rata basis in
accordance with subparagraph (4) of this subsection.
(2) The state board shall establish the criteria for annually
determining which principals and assistant principals met goals for
student growth during the previous school year as evidenced by
multiple measures. The state board shall promulgate a rule for
this purpose which shall apply uniformly to all principals and
assistant principals in the public schools. The rule shall define
the area or areas of student growth and measures that support
teaching and learning.
(3) A principal or assistant principal shall receive his or
her monetary incentive in a lump sum.
(4) Monetary incentives required by this subsection shall be
paid from funds appropriated to the West Virginia Department of
Education or received by it from other sources specifically for
this purpose. The state superintendent shall provide an estimate
of the amount of the appropriation required to the Governor for
inclusion in his or her proposed budget to the Legislature. If the
amount of the appropriation is insufficient to provide payment of
all monetary incentives required under this subsection, each
county's allocation for payment of the incentives shall be reduced
pro rata. The Legislature may appropriate additional amounts to
provide payment of all monetary incentives required under this
subsection: Provided, That nothing in this section may be
construed to mandate additional funding for monetary incentives or
to require any additional appropriation by the Legislature.
(5) The monetary incentive required by this subsection is in
addition to the salary increments required by section three of this
article and is in addition to any salary increments for principals
and assistant principals paid from local funds.
(6) The monetary incentive required by this subsection shall
not be included as gross salary in the calculation of average final
salary for purposes of calculating retirement benefits in article
seven-a, chapter eighteen of this code.
(d) Rules. -- The state board shall promulgate rules pursuant
to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-3b. Additional monetary payments to principals and
assistant principals paid from local funds.
(a) County boards may provide additional monetary payments to
principals and assistant principals, in addition to compensation
provided in section three and three-a of this article, based upon
any one or more of the following circumstances:
(1) For principals and assistant principals placed in special
supervisory assignments;
(2) For principals and assistant principals employed in a
school with a student population that is high poverty or high
minority: Provided, That the payment may not be greater than the
amount for high poverty and high minority salary supplements for
principals and assistant principals authorized in section three-a
of this article; or
(3) For principals and assistant principals whose school meets
goals for student growth during the previous school year as
evidenced by multiple measures.
(b) The state board shall promulgate a rule pursuant to
article three-b, chapter twenty-nine-a of this code to implement
the provisions of this section. The rule shall designate
principals and assistant principals eligible for the amounts
authorized by this section. For the purposes of subdivision (3),
subsection (a) of this section, the rule shall establish eligibility based upon whether the school meets goals for student
growth as evidenced by multiple measures. The rule shall define
the area or areas of student growth and measures that support
teaching and learning.
(c) Additional monetary payments authorized by this section
shall apply uniformly to principals and assistant principals
throughout the county.
(d) Any additional monetary payments for student growth
authorized by this section shall not be included as gross salary in
the calculation of average final salary for purposes of calculating
retirement benefits in article seven-a, chapter eighteen of this
code.
§18A-4-5a. County monetary supplements for teachers; additional
monetary payments to teachers paid from local
funds.
(a) County boards of education in fixing the salaries of
teachers shall use at least the state minimum salaries established
under the provisions of this article. The board may establish
salary schedules which shall be in excess of the state minimums
fixed by this article, such county schedules to be uniform
throughout the county as to the classification of training,
experience, responsibility and other requirements.
(b) Counties may fix higher salaries for County boards may
provide additional monetary payments to teachers based upon any one or more of the following circumstances:
__________(1) For teachers placed in special instructional or
supervisory assignments;
(2) For classroom teachers placed in a documented area of
shortage;
__________(3) For classroom teachers placed in a school with a student
population that is high poverty or high minority: Provided, That
the payment may not be greater than the amount for high poverty or
high minority salary supplements for classroom teachers authorized
in section two-c of this article;
__________(4) For those teachers assigned to or employed for duties
other than regular instructional duties; and
(5) For teachers of one-teacher schools; and they may provide
additional compensation
(6) For any teacher assigned duties in addition to the
teacher's regular instructional duties wherein such the
noninstructional duties are not a part of the scheduled hours of
the regular school day; or
__________(7) For a classroom teacher who meets goals for student growth
during the previous school year as evidenced by multiple measures.
__________(c) Uniformity also shall apply to such the additional salary
increments or compensation under this section for all persons
performing like assignments and duties within the county.
Provided, That
__________(d) Any monetary payment received for meeting goals for
student growth during the previous school year shall not be
included as gross salary in the calculation of average final salary
for the purposes of calculating retirement benefits in article
seven-a, chapter eighteen of this code.
__________(e) In establishing such local salary schedules, no county
shall reduce local funds allocated for salaries in effect on
January 1, 1990, 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 such
reduction.
__________(f) Counties may provide, in a uniform manner, benefits for
teachers which require an appropriation from local funds including,
but not limited to, dental, optical, health and income protection
insurance, vacation time and retirement plans excluding the State
Teachers Retirement System. Nothing herein shall prohibit the
maintenance nor result in the reduction of any benefits in effect
on January 1, 1984, by any county board of education.
(g) The state board shall promulgate a rule pursuant to
article three-b, chapter twenty-nine-a of this code to implement
the provisions of subsection (b) of this section. The rule shall
designate teachers eligible for the amounts authorized by this section. For the purposes of subdivision (7), subsection (b) of
this section, the rule shall establish eligibility based upon
whether individual teachers, groups of teachers or schools meet
goals for student growth as evidenced by multiple measures. The
rule shall define the area or areas of student growth and measures
that support teaching and learning and shall apply uniformly to
teachers throughout the county.
NOTE: The purpose of this bill is to mandate certain salary
supplements for teachers and principals employed in schools with a
student population that is high poverty or high minority and for
teachers teaching in a documented area of shortage in schools with
a student population that is high poverty or high minority. The
bill also authorizes monetary incentives for teachers and
principals whose students meet goals for student growth during the
previous school year. The bill also authorizes county boards to
provide additional supplements.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.
§18A-4-2c, §18A-4-3a and §18A-4-3b are new; therefore,
strike-throughs and underscoring have been omitted.