H. B. 4608


(By Delegate Marshall)

[Introduced February 22, 2010 ; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to the employment and compensation of school service personnel; increasing the service personnel pay scales; upgrading the pay grades of certain aides, bus operators, cooks and custodians; creating two new job titles - "bus operator II" and "bus operator III"; clarifying seniority in more than one employment classification; providing additional payment to classroom aides in prekindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratio; and establishing a pupil teacher ratio of twenty to one in all prekindergarten classes.

Be it enacted by the Legislature of West Virginia:

That §18-5-18a of the Code of West Virginia, 1931, as amended be amended and reenacted; and that §18A-4-8, §18A-4-8a and
§18A-4-8b of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

 §18-5-18a. Maximum teacher-pupil ratio.
County boards of education shall provide, by the school year 1983-1984, and thereafter, sufficient personnel, equipment and facilities as will ensure that each first and second grade classroom, or classrooms having two or more grades that include either the first or second grades shall not have more than twenty- five pupils for each teacher of the grade or grades and shall not have more than twenty pupils for each prekindergarten or kindergarten teacher per session, unless the state superintendent has excepted a specific classroom upon application therefore by a county board.
County boards shall provide by the school year 1984-1985, and continue thereafter, sufficient personnel, equipment and facilities as will ensure that each third, fourth, fifth and sixth grade classroom, or classrooms having two or more grades that include one or more of the third, fourth, fifth and sixth grades, shall not have more than twenty-five pupils for each teacher of the grade or grades.
Beginning with the school year 1986-1987, and thereafter, no county shall maintain a greater number of classrooms having two or more grades that include one or more of the grade levels referred to in this section than were in existence in said county as of January 1, 1983: Provided, That for the prior school years, and only if there is insufficient classroom space available in the school or county, a county may maintain one hundred ten percent of such number of classrooms.
During the school year 1984-1985, and thereafter, the state superintendent is authorized, consistent with sound educational policy: (a) To permit on a statewide basis, in grades four through six, more than twenty-five pupils per teacher in a classroom for the purposes of instruction in physical education; and (b) to permit more than twenty pupils per teacher in a specific kindergarten classroom and twenty-five pupils per teacher in a specific classroom in grades one through six during a school year in the event of extraordinary circumstances as determined by the state superintendent after application by a county board of education.
The state board shall establish guidelines for the exceptions authorized in this section, but in no event shall the superintendent except classrooms having more than three pupils above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the twenty pupils per prekindergarten or kindergarten teacher per session limit or the twenty-five pupils per teacher limit in grades one through six is waived in schools where the school wide pupil- teacher ratio is twenty-five or less in grades one through six: Provided, That a teacher shall may not have more than three pupils above the teacher/pupil ratio as set forth in this section. Any prekindergarten or kindergarten teacher who has more than twenty pupils per session and any classroom teacher of grades one through six who has more than twenty-five pupils shall be paid additional compensation based on the affected classroom teacher's average daily salary divided by twenty for prekindergarten or kindergarten teachers or twenty-five for teachers of grades one through six for every day times the number of additional pupils enrolled up to the maximum pupils permitted in the teacher's classroom. Any classroom aide assigned to a prekindergarten or kindergarten classroom wherein there are more than twenty pupils enrolled shall also be paid additional compensation based upon his or her daily rate of pay and otherwise utilizing the same calculation used for prekindergarten and kindergarten teachers. All such additional compensation shall be paid from county funds exclusively.
Notwithstanding any other provision of this section to the contrary, commencing with the school year beginning on July 1, 1994, a teacher in grades one, two or three or classrooms having two or more such grade levels, shall may not have more than two pupils above the teacher/pupil ratio as set forth in this section: Provided, That commencing with the school year beginning on July 1, 1995, such the teacher shall may not have more than one pupil above the teacher/pupil ratio as set forth in this section: Provided, however, That commencing with the school year beginning on July 1, 1996, such the teacher shall may not have any pupils above the teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number of pupils per teacher in a classroom for the purpose of instruction in choral, band or orchestra music.
Each school principal shall assign students equitably among the classroom teachers, taking into consideration reasonable differences due to subject areas and/or grade levels.
The state board shall collect from each county board of education information on class size and the number of pupils per teacher for all classes in grades seven through twelve. The state board shall report such information to the Legislative Oversight commission on education accountability before January 1 of each year.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. 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 are 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 before 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 are 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) "Accounts payable supervisor" means personnel who are employed in the county board office who have primary responsibility for the accounts payable function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting courses from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide;
(9) "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;
(10) "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;
(11) "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;
(12) "Audiovisual technician" means personnel employed to perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment;
(13) "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;
(14) "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;
(15) "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;
(16) "Bus operator I" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board;
(17) "Bus operator II" means personnel employed to operate school buses and other transportation vehicles as provided by the State Board of Education, who have served in a position which meets the definition of "Bus operator I" for ten years;
(18) "Bus operator III" means personnel employed to operate school buses and other school transportation vehicles as provided by the State Board of Education, who have served in a position which meets the definition of "Bus operator I" or "Bus operator II" for twenty years;
(17) (19) "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;
(18) (20) "Cabinetmaker" means personnel employed to construct cabinets, tables, bookcases and other furniture;
(19) (21) "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;
(20) (22) "Carpenter I" means personnel classified as a carpenter's helper;
(21) (23) "Carpenter II" means personnel classified as a journeyman carpenter;
 (22) (24) "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;
 (23) (25) "Clerk I" means personnel employed to perform clerical tasks;
(24) (26) "Clerk II" means personnel employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) (27) "Computer operator" means qualified personnel employed to operate computers;
(26) (28) "Cook I" means personnel employed as a cook's helper;
(27) (29) "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;
(28) (30) "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;
(29) (31) "Crew leader" means personnel employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) (32) "Custodian I" means personnel employed to keep buildings clean and free of refuse;
(31) (33) "Custodian II" means personnel employed as a watchman or groundsman;
(32) (34) "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;
(33) (35) "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;
(34) (36) "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;
(35) (37) "Draftsman" means personnel employed to plan, design and produce detailed architectural/engineering drawings;
(36) (38) "Electrician I" means personnel employed as an apprentice electrician helper or who holds an electrician helper license issued by the State Fire Marshal;
(37) (39) "Electrician II" means personnel employed as an electrician journeyman or who holds a journeyman electrician license issued by the State Fire Marshal;
(38) (40) "Electronic technician I" means personnel employed at the apprentice level to repair and maintain electronic equipment;
(39) (41) "Electronic technician II" means personnel employed at the journeyman level to repair and maintain electronic equipment;
(40) (42) "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;
(41) (43) "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;
(42) (44) "Foremen" means skilled persons employed for supervision of personnel who work in the areas of repair and maintenance of school property and equipment;
(43) (45) "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;
(44) (46) "Glazier" means personnel employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) (47) "Graphic artist" means personnel employed to prepare graphic illustrations;
(46) (48) "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;
(47) (49) "Handyman" means personnel employed to perform routine manual tasks in any operation of the county school system;
(48) (50) "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;
(49) (51) "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;
(50) (52) "Heavy equipment operator" means personnel employed to operate heavy equipment;
(51) (53) "Inventory supervisor" means personnel who are employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) (54) "Key punch operator" means qualified personnel employed to operate key punch machines or verifying machines;
(53) (55) "Locksmith" means personnel employed to repair and maintain locks and safes;
(54) (56) "Lubrication man" means personnel employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(55) (57) "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;
(56) (58) "Mail clerk" means personnel employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
(57) (59) "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;
(58) (60) "Mason" means personnel employed to perform tasks connected with brick and block laying and carpentry tasks related to such laying;
(59) (61) "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;
(60) (62) "Mechanic assistant" means personnel employed as a mechanic apprentice and helper;
(61) (63) "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;
(62) (64) "Office equipment repairman I" means personnel employed as an office equipment repairman apprentice or helper;
(63) (65) "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;
(64) (66) "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;
(65) (67) "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;
(66) (68) "Payroll supervisor" means personnel who are employed in the county board office who have primary responsibility for the payroll function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(67) (69) "Plumber I" means personnel employed as an apprentice plumber and helper;
(68) (70) "Plumber II" means personnel employed as a journeyman plumber;
(69) (71) "Printing operator" means personnel employed to operate duplication equipment, and as required, to cut, collate, staple, bind and shelve materials;
(70) (72) "Printing supervisor" means personnel employed to supervise the operation of a print shop;
(71) (73) "Programmer" means personnel employed to design and prepare programs for computer operation;
(72) (74) "Roofing/sheet metal mechanic" means personnel employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
(73) (75) "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;
(74) (76) "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;
(75) (77) "Secretary I" means personnel employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(76) (78) "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;
(77) (79) "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;
(78) (80) "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;
(79) (81) "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;
(80) (82) "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;
(81) (83) "Truck driver" means personnel employed to operate light or heavy duty gasoline and diesel-powered vehicles;
(82) (84) "Warehouse clerk" means personnel employed to be responsible for receiving, storing, packing and shipping goods;
(83) (85) "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
(84) (86) "Welder" means personnel employed to provide acetylene or electric welding services for a school system; and
(85) (87) "WVEIS data entry and administrative clerk" means personnel employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia education information system, and to perform other administrative duties assigned by the principal.
(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

 (a) 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. Beginning the first day of July, two thousand two, 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.
 Effective July 1, 2010, through June 30, 2011, each service employee shall receive the amount prescribed in the 2008-2009 State Minimum Salary Schedule 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.
Effective the July 1, 2011, through June 30, 2012, each service employee shall receive the amount prescribed in the 2009-2010 State Minimum Pay Scale 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.
Effective July 1, 2012, and thereafter, each service employee shall receive the amount prescribed in the 2010-11 State Minimum Pay Scale 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.









             
                 
  A B C D E F G H
0 1,577 1,598 1,639 1,691 1,743 1,805 1,836 1,908
1 1,609 1,630 1,671 1,723 1,775 1,837 1,868 1,940
2 1,641 1,662 1,703 1,755 1,807 1,869 1,900 1,972
3 1,673 1,694 1,735 1,787 1,839 1,901 1,932 2,004
4 1,705 1,726 1,767 1,819 1,871 1,933 1,964 2,037
5 1,737 1,758 1,799 1,851 1,903 1,965 1,996 2,069
6 1,769 1,790 1,832 1,883 1,935 1,997 2,028 2,101
7 1,802 1,822 1,864 1,915 1,967 2,029 2,060 2,133
8 1,834 1,854 1,896 1,947 1,999 2,061 2,092 2,165
9 1,866 1,886 1,928 1,980 2,031 2,093 2,124 2,197
10 1,898 1,919 1,960 2,012 2,063 2,126 2,157 2,229
11 1,930 1,951 1,992 2,044 2,095 2,158 2,189 2,261
12 1,962 1,983 2,024 2,076 2,128 2,190 2,221 2,293
13 1,994 2,015 2,056 2,108 2,160 2,222 2,253 2,325
14 2,026 2,047 2,088 2,140 2,192 2,254 2,285 2,357
15 2,058 2,079 2,120 2,172 2,224 2,286 2,317 2,389
16 2,090 2,111 2,152 2,204 2,256 2,318 2,349 2,422
17 2,122 2,143 2,185 2,236 2,288 2,350 2,381 2,454
18 2,154 2,175 2,217 2,268 2,320 2,382 2,413 2,486
19 2,187 2,207 2,249 2,300 2,352 2,414 2,445 2,518
20 2,219 2,239 2,281 2,333 2,384 2,446 2,477 2,550
21 2,251 2,271 2,313 2,365 2,416 2,478 2,509 2,582
22 2,283 2,304 2,345 2,397 2,448 2,511 2,542 2,614
23 2,315 2,336 2,377 2,429 2,481 2,543 2,574 2,646
24 2,347 2,368 2,409 2,461 2,513 2,575 2,606 2,678
25 2,379 2,400 2,441 2,493 2,545 2,607 2,638 2,710
26 2,411 2,432 2,473 2,525 2,577 2,639 2,670 2,742
27 2,443 2,464 2,505 2,557 2,609 2,671 2,702 2,774
28 2,475 2,496 2,537 2,589 2,641 2,703 2,734 2,807
29 2,507 2,528 2,570 2,621 2,673 2,735 2,766 2,839
30 2,540 2,560 2,602 2,653 2,705 2,767 2,798 2,871
31 2,572 2,592 2,634 2,685 2,737 2,799 2,830 2,903
32 2,604 2,624 2,666 2,718 2,769 2,831 2,862 2,935
33 2,636 2,656 2,698 2,750 2,801 2,863 2,895 2,967
34 2,668 2,689 2,730 2,782 2,833 2,896 2,927 2,999
35 2,700 2,721 2,762 2,814 2,866 2,928 2,959 3,031
36 2,732 2,753 2,794 2,846 2,898 2,960 2,991 3,063
37 2,764 2,785 2,826 2,878 2,930 2,992 3,023 3,095
38 2,796 2,817 2,858 2,910 2,962 3,024 3,055 3,127
39 2,828 2,849 2,890 2,942 2,994 3,056 3,087 3,159
40 2,860 2,881 2,922 2,974 3,026 3,088 3,119 3,192
                 
2010- 11 A B C D E F G H
0 1656 1678 1721 1776 1830 1895 1928 2003
1 1689 1712 1755 1809 1864 1929 1961 2037
2 1723 1745 1788 1843 1897 1962 1995 2071
3 1757 1779 1822 1876 1931 1996 2029 2104
4 1790 1812 1855 1910 1965 2030 2062 2139
5 1824 1846 1889 1944 1998 2063 2096 2172
6 1857 1880 1924 1977 2032 2097 2129 2206
7 1892 1913 1957 2011 2065 2130 2163 2240
8 1926 1947 1991 2044 2099 2164 2197 2273
9 1959 1980 2024 2079 2133 2198 2230 2307
10 1993 2015 2058 2113 2166 2232 2265 2340
11 2027 2049 2092 2146 2200 2266 2298 2374
12 2060 2082 2125 2180 2234 2300 2332 2408
13 2094 2116 2159 2213 2268 2333 2366 2441
14 2127 2149 2192 2247 2302 2367 2399 2475
15 2161 2183 2226 2281 2335 2400 2433 2508
16 2195 2217 2260 2314 2369 2434 2466 2543
17 2228 2250 2294 2348 2402 2468 2500 2577
18 2262 2284 2328 2381 2436 2501 2534 2610
19 2296 2317 2361 2415 2470 2535 2567 2644
20 2330 2351 2395 2450 2503 2568 2601 2678
21 2364 2385 2429 2483 2537 2602 2634 2711
22 2397 2419 2462 2517 2570 2637 2669 2745
23 2431 2453 2496 2550 2605 2670 2703 2778
24 2464 2486 2529 2584 2639 2704 2736 2812
25 2498 2520 2563 2618 2672 2737 2770 2846
26 2532 2554 2597 2651 2706 2771 2804 2879
27 2565 2587 2630 2685 2739 2805 2837 2913
28 2599 2621 2664 2718 2773 2838 2871 2947
29 2632 2654 2699 2752 2807 2872 2904 2981
30 2667 2688 2732 2786 2840 2905 2938 3015
31 2701 2722 2766 2819 2874 2939 2972 3048
32 2734 2755 2799 2854 2907 2973 3005 3082
33 2768 2789 2833 2888 2941 3006 3040 3115
34 2801 2823 2867 2921 2975 3041 3073 3149
35 2835 2857 2900 2955 3009 3074 3107 3183
36 2869 2891 2934 2988 3043 3108 3141 3216
37 2902 2924 2967 3022 3077 3142 3174 3250
38 2936 2958 3001 3056 3110 3175 3208 3283
39 2969 2991 3035 3089 3144 3209 3241 3317
40 3003 3025 3068 3123 3177 3242 3275 3352
2011- 12 A B C D E F G H
0 1739 1762 1807 1864 1922 1990 2024 2104
1 1774 1797 1842 1900 1957 2025 2059 2139
2 1809 1832 1878 1935 1992 2061 2095 2174
3 1844 1868 1913 1970 2027 2096 2130 2209
4 1880 1903 1948 2005 2063 2131 2165 2246
5 1915 1938 1983 2041 2098 2166 2201 2281
6 1950 1973 2020 2076 2133 2202 2236 2316
7 1987 2009 2055 2111 2169 2237 2271 2352
8 2022 2044 2090 2147 2204 2272 2306 2387
9 2057 2079 2126 2183 2239 2308 2342 2422
10 2093 2116 2161 2218 2274 2344 2378 2457
11 2128 2151 2196 2254 2310 2379 2413 2493
12 2163 2186 2231 2289 2346 2414 2449 2528
13 2198 2222 2267 2324 2381 2450 2484 2563
14 2234 2257 2302 2359 2417 2485 2519 2599
15 2269 2292 2337 2395 2452 2520 2554 2634
16 2304 2327 2373 2430 2487 2556 2590 2670
17 2340 2363 2409 2465 2523 2591 2625 2706
18 2375 2398 2444 2500 2558 2626 2660 2741
19 2411 2433 2480 2536 2593 2661 2696 2776
20 2446 2468 2515 2572 2628 2697 2731 2811
21 2482 2504 2550 2607 2664 2732 2766 2847
22 2517 2540 2585 2643 2699 2768 2803 2882
23 2552 2575 2621 2678 2735 2804 2838 2917
24 2588 2611 2656 2713 2771 2839 2873 2952
25 2623 2646 2691 2749 2806 2874 2908 2988
26 2658 2681 2726 2784 2841 2909 2944 3023
27 2693 2717 2762 2819 2876 2945 2979 3058
28 2729 2752 2797 2854 2912 2980 3014 3095
29 2764 2787 2833 2890 2947 3015 3050 3130
30 2800 2822 2869 2925 2982 3051 3085 3165
31 2836 2858 2904 2960 3018 3086 3120 3201
32 2871 2893 2939 2997 3053 3121 3155 3236
33 2906 2928 2975 3032 3088 3156 3192 3271
34 2941 2965 3010 3067 3123 3193 3227 3306
35 2977 3000 3045 3102 3160 3228 3262 3342
36 3012 3035 3080 3138 3195 3263 3298 3377
37 3047 3070 3116 3173 3230 3299 3333 3412
38 3083 3106 3151 3208 3266 3334 3368 3448
39 3118 3141 3186 3244 3301 3369 3403 3483
40 3153 3176 3222 3279 3336 3405 3439 3519
                 
2012- 13 A B C D E F G H
0 1826 1850 1897 1958 2018 2090 2125 2209
1 1863 1887 1934 1995 2055 2127 2162 2246
2 1900 1924 1971 2032 2092 2164 2199 2283
3 1937 1961 2008 2069 2129 2201 2237 2320
4 1974 1998 2046 2106 2166 2238 2274 2358
5 2011 2035 2083 2143 2203 2275 2311 2395
6 2048 2072 2121 2180 2240 2312 2348 2432
7 2086 2109 2158 2217 2277 2349 2385 2469
8 2123 2146 2195 2254 2314 2386 2422 2506
9 2160 2183 2232 2292 2351 2423 2459 2543
10 2197 2221 2269 2329 2388 2461 2497 2580
11 2234 2259 2306 2366 2425 2498 2534 2617
12 2271 2296 2343 2403 2463 2535 2571 2654
13 2308 2333 2380 2440 2500 2572 2608 2691
14 2345 2370 2417 2477 2538 2609 2645 2729
15 2382 2407 2454 2514 2575 2646 2682 2766
16 2419 2444 2491 2551 2612 2683 2719 2804
17 2456 2481 2529 2588 2649 2720 2756 2841
18 2494 2518 2566 2625 2686 2757 2793 2878
19 2532 2555 2603 2663 2723 2795 2830 2915
20 2569 2592 2641 2701 2760 2832 2867 2952
21 2606 2629 2678 2738 2797 2869 2904 2989
22 2643 2667 2715 2775 2834 2907 2943 3026
23 2680 2704 2752 2812 2872 2944 2980 3063
24 2717 2741 2789 2849 2909 2981 3017 3100
25 2754 2778 2826 2886 2946 3018 3054 3137
26 2791 2815 2863 2923 2983 3055 3091 3174
27 2828 2852 2900 2960 3020 3092 3128 3211
28 2865 2889 2937 2997 3057 3129 3165 3249
29 2902 2926 2975 3034 3094 3166 3202 3286
30 2940 2964 3012 3071 3131 3203 3239 3324
31 2977 3001 3049 3108 3168 3240 3276 3361
32 3014 3038 3086 3146 3205 3277 3313 3398
33 3051 3075 3123 3183 3243 3314 3351 3435
34 3089 3113 3160 3221 3280 3352 3388 3472
35 3126 3150 3197 3258 3318 3390 3425 3509
36 3163 3187 3234 3295 3355 3427 3462 3546
37 3200 3224 3271 3332 3392 3464 3500 3583
38 3237 3261 3308 3369 3429 3501 3537 3620
39 3274 3298 3346 3406 3466 3538 3574 3657
40 3311 3335 3383 3443 3503 3575 3611 3695



STATE MINIMUM PAY SCALE PAY GRADE II


CLASS TITLE PAY GRADE
Accountant ID
Accountant IIE
Accountant II IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
Braille or Sign Language SpecialistE
Bus OperatorD
Bus Operator IIE
Bus Operator IIIF

BuyerF



 CabinetmakerG
Cafeteria ManagerD E
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA B
Cook IIB C
Cook IIIC D
Crew LeaderF
Custodian IA B
Custodian IIB C
Custodian IIIC D
Custodian IVD E
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
Licensed Practical NurseF
LocksmithG
Lubrication ManC
MachinistF

Mail ClerkD

Maintenance ClerkC

MasonG

MechanicF

Mechanic AssistantE

Office Equipment Repairman IF

Office Equipment Repairman IIG

PainterE

ParaprofessionalF

Payroll SupervisorG

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
WVEIS Data Entry and Administrative ClerkB
(b) An additional $12 per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(c) An additional $11 per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) 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;
(3) 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;
(4) 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;
(5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(6) 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;
(7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) An additional $40 per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional $11 per month shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus fifteen college hours;
(2) A service employee who holds a master's degree plus fifteen college hours;
(3) A service employee who holds a master's degree plus thirty college hours;
(4) A service employee who holds a master's degree plus forty- five college hours; and
(5) A service employee who holds a master's degree plus sixty college hours.
(f) 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 $10 per month and one half of the pay shall be paid with local funds.
(g) 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.
(h) 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.
(i) 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.
(j) 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 used 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.
(k) 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 $3 per hour or no less than $5 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 $30 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 used 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.
(l) 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 certified 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 certified professional personnel" means that certified professional personnel is present, with and accompanying the aide.
§18A-4-8b. Seniority rights for school service personnel.
(a) A county board shall make decisions affecting promotions and the filling of any service personnel positions of employment or jobs occurring throughout the school year that are to be performed by service personnel as provided in section eight of this article, on the basis of seniority, qualifications and evaluation of past service.
(b) Qualifications means the applicant holds a classification title in his or her category of employment as provided in this section and is given first opportunity for promotion and filling vacancies. Other employees then shall be considered and shall qualify by meeting the definition of the job title that relates to the promotion or vacancy, as defined in section eight of this article. If requested by the employee, the county board shall show valid cause why a service person with the most seniority is not promoted or employed in the position for which he or she applies. Qualified applicants shall be considered in the following order:
(1) Regularly employed service personnel who hold a classification title within the classification category of the vacancy;
(2) Service personnel who have held a classification title within the classification category of the vacancy whose employment has been discontinued in accordance with this section;
(3) Regularly employed service personnel who do not hold a classification title within the classification category of vacancy;
(4) Service personnel who have not held a classification title within the classification category of the vacancy and whose employment has been discontinued in accordance with this section;
(5) Substitute service personnel who hold a classification title within the classification category of the vacancy;
(6) Substitute service personnel who do not hold a classification title within the classification category of the vacancy; and
(7) New service personnel.
(c) The county board may not prohibit a service person from retaining or continuing his or her employment in any positions or jobs held prior to before the effective date of this section and thereafter.
(d) A promotion means any change in employment that the service person considers to improve his or her working circumstance within the classification category of employment.
(1) A promotion includes a transfer to another classification category or place of employment if the position is not filled by an employee who holds a title within that classification category of employment.
(2) Each class title listed in section eight of this article is considered a separate classification category of employment for service personnel, except for those class titles having Roman numeral designations, which are considered a single classification of employment:
(A) The cafeteria manager class title is included in the same classification category as cooks;
(B) The executive secretary class title is included in the same classification category as secretaries;
(C) Paraprofessional, autism mentor and braille or sign language specialist class titles are included in the same classification category as aides; and
(D) The mechanic assistant and chief mechanic class titles are included in the same classification category as mechanics.
(3) The assignment of an aide to a particular position within a school is based on seniority within the aide classification category if the aide is qualified for the position.
(4) Assignment of a custodian to work shifts in a school or work site is based on seniority within the custodian classification category.
(e) For purposes of determining seniority under this section a service person's seniority begins on the date that he or she enters into the assigned duties.
(f) Extra-duty assignments. --
(1) For the purpose of this section, "extra-duty assignment" means an irregular job that occurs periodically or occasionally such as, but not limited to, field trips, athletic events, proms, banquets and band festival trips.
(2) Notwithstanding any other provisions of this chapter to the contrary, decisions affecting service personnel with respect to extra-duty assignments are made in the following manner:
(A) A service person with the greatest length of service time in a particular category of employment is given priority in accepting extra duty assignments, followed by other fellow employees on a rotating basis according to the length of their service time until all employees have had an opportunity to perform similar assignments. The cycle then is repeated.
(B) An alternative procedure for making extra-duty assignments within a particular classification category of employment may be used if the alternative procedure is approved both by the county board and by an affirmative vote of two thirds of the employees within that classification category of employment.
(g) County boards shall post and date notices of all job vacancies of existing or newly created positions in conspicuous places for all school service personnel to observe for at least five working days.
(1) Posting locations include any website maintained by or available for the use of the county board.
(2) Notice of a job vacancy shall include the job description, the period of employment, the amount of pay and any benefits and other information that is helpful to prospective applicants to understand the particulars of the job. Job postings for vacancies made pursuant to this section shall be written to ensure that the largest possible pool of qualified applicants may apply. Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant.
(3) After the five-day minimum posting period, all vacancies shall be filled within twenty working days from the posting date notice of any job vacancies of existing or newly created positions.
(4) The county board shall notify any person who has applied for a job posted pursuant to this section of the status of his or her application as soon as possible after the county board makes a hiring decision regarding the posted position.
(h) All decisions by county boards concerning reduction in work force of service personnel shall be made on the basis of seniority, as provided in this section.
(i) The seniority of a service person is determined on the basis of the length of time the employee has been employed by the county board within a particular job classification: Provided, That a service personnel who transfers from one job classification to another job classification shall retain the amount of seniority the service personnel held at the time of transfer for the purposes of bidding on a job in the previously held job classification and any reduction in force. For the purpose of establishing seniority for a preferred recall list as provided in this section, a service person who has been employed in one or more classifications retains the seniority accrued in each previous classification.
(j) If a county board is required to reduce the number of service personnel within a particular job classification, the following conditions apply:
(1) The employee with the least amount of seniority within that classification or grades of classification is properly released and employed in a different grade of that classification if there is a job vacancy: Provided, That a service personnel who transfers from one job classification to another job classification shall retain the amount of seniority the service personnel held at the time of transfer for the purposes of bidding on a job in the previously held job classification and any reduction in force.
(2) If there is no job vacancy for employment within that classification or grades of classification, the service person is employed in any other job classification which he or she previously held with the county board if there is a vacancy and retains any seniority accrued in the job classification or grade of classification.
(k) After a reduction in force or transfer is approved, but prior to August 1, a county board in its sole and exclusive judgment may determine that the reason for any particular reduction in force or transfer no longer exists.
(1) If the board makes this determination, it shall rescind the reduction in force or transfer and notify the affected employee in writing of the right to be restored to his or her former position of employment.
(2) The affected employee shall notify the county board of his or her intent to return to the former position of employment within five days of being notified or lose the right to be restored to the former position.
(3) The county board may not rescind the reduction in force of an employee until all service personnel with more seniority in the classification category on the preferred recall list have been offered the opportunity for recall to regular employment as provided in this section.
(4) If there are insufficient vacant positions to permit reemployment of all more senior employees on the preferred recall list within the classification category of the service person who was subject to reduction in force, the position of the released service person shall be posted and filled in accordance with this section.
(l) If two or more service persons accumulate identical seniority, the priority is determined by a random selection system established by the employees and approved by the county board.
(m) All service personnel whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in work force are placed upon a preferred recall list and shall be recalled to employment by the county board on the basis of seniority.
(n) A service person placed upon the preferred recall list shall be recalled to any position openings by the county board within the classification(s) where he or she had previously been employed, to any lateral position for which the service person is qualified or to a lateral area for which a service person has certification and/or licensure.
(o) A service person on the preferred recall list does not forfeit the right to recall by the county board if compelling reasons require him or her to refuse an offer of reemployment by the county board.
(p) The county board shall notify all service personnel on the preferred recall list of all position openings that exist from time to time. The notice shall be sent by certified mail to the last known address of the service person. Each service person shall notify the county board of any change of address.
(q) No position openings may be filled by the county board, whether temporary or permanent, until all service personnel on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.
(r) A service person released from employment for lack of need as provided in sections six and eight-a, article two of this chapter is accorded preferred recall status on July 1 of the succeeding school year if he or she has not been reemployed as a regular employee.
(s) A county 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.
(1) A service person denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactively to the date of the violation and shall be paid entirely from local funds.
(2) The county board is liable to any party prevailing against the board for any court reporter costs including copies of transcripts.

NOTE: The purpose of this bill is to increase service personnel salaries by five percent for each of the next three years and to rectify inequities in the salary schedule and pay grades for service personnel by upgrading the pay grade of cooks and custodians and adding pay grades to the bus operator classification. The bill also clarifies when aides should be considered supervisory employees for purposes of receiving pay at a higher pay grade and provides that classroom aides in kindergarten classrooms which have more pupils than the maximum pupil/teacher ratio receive additional compensation as to professional personnel in said classrooms and to allow service personnel to retain their seniority for purposes of reduction in force when they move from one classification to another.

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