For the purpose of this article, salaries shall be defined as: (a) "Basic salaries" which shall mean the salaries paid to teachers with zero years of experience and in accordance with the classification of certification and of training of said teachers; and (b) "advanced salaries" which shall mean the basic salary plus an experience increment based on the allowable years of experience of the respective teachers in accordance with the schedule established herein for the applicable classification of certification and of training of said teachers.
"Classification of certification" means the class or type of certificate issued by the state superintendent under the statutory provisions of this chapter. "Classification of training" means the number of collegiate or graduate hours necessary to meet the requirements stipulated in the definitions set forth in the next paragraph in items (2) to (11), inclusive.
The column heads of the state minimum salary schedule set forth in section two of this article are defined as follows:
(1) "Years of experience" means the number of years the teacher has been employed in the teaching profession, including active work in educational positions other than the public schools, and service in the armed forces of the United States if the teacher was under contract to teach at the time of induction. For a registered professional nurse employed by a county board, "years of experience" means the number of years the nurse has been employed as a public school health nurse, including active work in a nursing position related to education, and service in the armed forces if the nurse was under contract with the county board at the time of induction. For the purpose of section two of this article, the experience of a teacher or a nurse shall be limited to that allowed under their training classification as found in the minimum salary schedule.
(2) "Fourth class" means all certificates previously identified as: (a) "Certificates secured by examination"; and (b) "other first grade certificates".
(3) "Third class" means all certificates previously identified as: (a) "Standard normal certificates"; and (b) "third class temporary (sixty-four semester hours) certificates".
(4) "Second class" means all certificates previously identified as "second class temporary certificates based upon the required ninety-six hours of college work".
(5) "A.B." means a bachelor's degree, from an accredited institution of higher education, which has been issued to, or for which the requirements for such have been met by, a person who qualifies for or holds a professional certificate or its equivalent. A registered professional nurse with a bachelor's degree, who is licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board, shall be within this classification for payment in accordance with sections two and two-a of this article.
(6) "A.B. plus 15" means a bachelor's degree as defined above plus fifteen hours of graduate work, from an accredited institution of higher education certified to do graduate work, in an approved planned program at the graduate level which requirements have been met by a person who qualifies for or holds a professional certificate or its equivalent.
(7) "M.A." means a master's degree, earned in an institution of higher education approved to do graduate work, which has been issued to, or the requirements for such have been met by, a person who qualifies for or holds a professional certificate or its equivalent.
(8) "M.A. plus 15" means the above-defined master's degree plus fifteen hours of graduate work, earned in an institution of higher education approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.
(9) "M.A. plus 30" means the above-defined master's degree plus thirty graduate hours, earned in an institution approved to do graduate work, if the person is qualified for or holds aprofessional certificate or its equivalent.
(10) "Doctorate" means a doctor's degree, earned from a university qualified and approved to confer such a degree, which has been issued to or the requirements for such have been met by a person who qualifies for or holds a professional certificate or its equivalent.
For purposes of advanced salary classification, graduate work completed after the first day of July, one thousand nine hundred ninety-four, shall be related to the public school program, as prescribed by the state board.
Notwithstanding the requirements set forth in subdivisions (6), (8) and (9) of this section relating to hours of graduate work at an institution certified to do such work, fifteen undergraduate credit hours from a regionally accredited institution of higher education, earned after the effective date of this section, may be utilized for advanced salary classification if such hours are in accordance with: (a) The teacher's current classification of certification and of training; (b) a designated instructional shortage area documented by the employing county superintendent; or (c) an identified teaching deficiency documented through the state approved county personnel evaluation system.
Effective the first day of July, one thousand nine hundred ninety-four, the following definition shall be applicable.
(11) "M.A. plus 45" means the above-defined master's degree plus forty-five graduate hours, earned in an institution approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.
(a) A registered professional nurse who has completed a two-year nursing program (sixty-four semester hours) shall be paid not less than the salary for a teacher whose classification of training is "third class" as defined in subparagraph (3), section one [§18A-4-1] of this article, such salary to include allowable years of experience, and
(b) A registered professional nurse who has completed a three-year nursing program (ninety-six hours) shall be paid not less than the salary for a teacher whose classification of training is "second class" as defined in subparagraph (4), section one [§18A-4-1] of this article, such salary to include allowable years of experience.
The salary provided under this section and the additional fixed charge payments required therefor shall be paid outside the public school support plan provided for in article nine-a [§§18-9A-1 et seq.], chapter eighteen of this code.
(a) Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 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.
(c) To meet the objective of salary equity among the counties
as set forth in section five of this article, each teacher shall be
paid an equity supplement amount as applicable for his or her
classification of certification or classification of training and
years of experience as follows, subject to the provisions of that
section:
(1) For "4th Class" at zero years of experience, $1,781. An
additional $38 shall be paid for each year of experience up to and
including thirty-five years of experience;
(2) For "3rd Class" at zero years of experience, $1,796. An
additional $67 shall be paid for each year of experience up to and
including thirty-five years of experience;
(3) For "2nd Class" at zero years of experience, $1,877. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(4) For "A. B." at zero years of experience, $2,360. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(5) For "A. B. + 15" at zero years of experience, $2,452. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(6) For "M. A." at zero years of experience, $2,644. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(7) For "M. A. + 15" at zero years of experience, $2,740. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(8) For "M. A. + 30" at zero years of experience, $2,836. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(9) For "M. A. + 45" at zero years of experience, $2,836. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience; and
(10) For "Doctorate" at zero years of experience, $2,927. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience.
These payments: (I) Shall be in addition to any amounts
prescribed in the applicable State Minimum Salary Schedule, any
specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to section
five-a of this article; (ii) shall be paid in equal monthly
installments; and (iii) shall be considered a part of the state
minimum salaries for teachers.
(b) Three thousand five hundred dollars shall be paid annually
to each classroom teacher who holds a valid certificate issued by
the National Board of Professional Teaching Standards for the life
of the certification, but in no event more than ten years for any
one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries
for teachers.
(d) One-half the certification fee shall be paid for
reimbursement once to each teacher who enrolls in the program for
the National Board for Professional Teaching Standards certification and one-half the certification fee shall be paid for
reimbursement once to each teacher who completes the National Board
for Professional Teaching Standards certification. Completion
shall be defined as the completion of ten scorable entries, as
verified by the National Board for Professional Teaching Standards.
Teachers who achieve National Board for Professional Teaching
Standards certification may be reimbursed a maximum of six hundred
dollars for expenses actually incurred while obtaining the National
Board for Professional Teaching Standards certification.
(e) The state board shall limit the number of teachers who
receive the initial reimbursements of the certification fees set
forth in subsection (d) to two hundred teachers annually. The
state board shall establish selection criteria for the teachers by
the legislative rule required pursuant to subsection (g) of this
section.
(f) Subject to the provisions of subsection (e) of this
section, funding for reimbursement of the certification fee and
expenses actually incurred while obtaining the National Board for
Professional Teaching Standards certifications shall be
administered by the state Department of Education from an
appropriation established for that purpose by the Legislature. If
funds appropriated by the Legislature to accomplish the purposes of
this subsection are insufficient, the state department shall
prorate the reimbursements for expenses and shall request of the
Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed
retroactive payments.
(g) The state board shall promulgate legislative rules
pursuant to article three-b, chapter twenty-nine-a of this code to
implement the provisions of this section.
(2) The Legislature finds that the rigorous standards and
processes for advanced certification by either the National Board
of Certified Counselors or the West Virginia Board of Examiners in
Counseling helps to promote the quality of counseling in schools.
Counselors in the public schools of West Virginia should be
encouraged to achieve and maintain the advanced certification
through reimbursement of expenses and a salary bonus that reflects
their additional certification.
(3) The Legislature finds that achieving a nationally recognized professional certification in school psychology involves
a rigorous process of demonstrating competencies in scientific
research-based knowledge and skills. School psychologists provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. Individuals who attain national
professional certification by the National Association of School
Psychologists provide services to students, families and school
systems in this state. School psychologists should be encouraged
to achieve and maintain this national professional certification
through reimbursement of expenses and a salary bonus which reflects
their additional certification.
(4) The Legislature finds that achieving a nationally
recognized professional certification in school nursing involves a
rigorous process of demonstrating competencies in health care and
nursing applications, knowledge and skills. School nurses provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. School nurses who attain
national professional certification by the National Board for
Certification of School Nurses provide services to students,
families and school systems in this state. School nurses should be
encouraged to achieve and maintain this national professional
certification through reimbursement of expenses and a salary bonus
which reflects their additional certification.
(5) Therefore, the purpose of this section is:
(A) To provide a statewide salary supplement for certain professional personnel employed in the public schools who hold
nationally recognized professional certification in speech-language
pathology, audiology, counseling, school psychology or school
nursing;
(B) To treat these professional certifications equally;
(C) To encourage others to attain such a certification; and
(D) To help school systems recruit these highly qualified
professionals.
(b) In addition to any amounts prescribed in the applicable
state minimum salary schedule, any professional personnel who hold
national certification or other credential as provided in this
section shall be paid an annual salary supplement of two thousand
five hundred dollars. The payment is:
(1) To be made in equal monthly installments;
(2) To be considered a part of the state minimum salaries for
teachers; and
(3) To continue for the life of the certification, or for ten
years for any one certification, whichever first expires.
(c) Professional personnel employed as speech-language
pathologists, audiologists, counselors, school psychologists or
school nurses are eligible upon enrollment for reimbursement for
one-half of the fee for certification in accordance with this
section. In addition, these personnel are eligible upon attainment
of the certification for reimbursement of the remainder of the
application fee plus other expenses actually incurred toward attainment of the certification, not exceeding six hundred dollars,
upon approval by the department of education. Not more than one
hundred fifteen speech-language pathologists, audiologists,
counselors, school psychologists and school nurses, combined total,
are eligible for reimbursement in any one fiscal year.
(d) Notwithstanding subsection (b) of this section, for the
school year beginning the first day of July, two thousand eight,
the number of speech-language pathologists, audiologists,
counselors, school psychologists and school nurses paid the annual
salary supplement provided for in said subsection may not exceed
the number of speech-language pathologists, audiologists and
counselors eligible to be paid the annual salary supplement under
the provisions of this section in effect during the school year
beginning the first day of July, two thousand seven, by more than
one hundred fifteen qualified recipients, and the total amount of
qualified recipients may not increase thereafter by more than one
hundred fifteen in each subsequent fiscal year.
(e) The state board shall promulgate a legislative rule
establishing criteria for selection of the individuals eligible for
reimbursement and a salary supplement in accordance with this
section. The selection criteria shall prioritize the length of
time the certification has been held and the years of experience of
the holder in determining eligibility.
(f) The state board shall report the rule to the Legislative
Oversight Commission on Education Accountability by the January, two thousand nine, legislative interim meeting period and shall
report on its progress in developing the rule to the commission
during prior interim meetings as requested.
(g) No provision of this section may be construed to require
any appropriation, or any specific level of appropriation, by the
Legislature, or payment of any supplement or reimbursement
described in this section for which a specific appropriation has
not been made.
(h) Notwithstanding any other provision of this section or the
provisions of section two-a of this article, professional personnel
may not be paid a salary supplement pursuant to the provisions of
both said sections.
(b) 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.
(c) The salary increment in this section for each principal
shall be determined by multiplying the basic salary for teachers 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
EFFECTIVE UNTIL JULY 1, 2008
No. of Teachers
Supervised Rates
1-710.0%
8-1410.5%
15-2411.0%
25-3811.5%
39-5712.0%
58 and up12.5%
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE ON AND AFTER JULY 1, 2008
No. of Teachers
Supervised Rates
1-711.0%
8-1411.5%
15-2412.0%
25-3812.5%
39-5713.0%
58 and up13.5%
(d) The salary increment in this section for each assistant
principal shall be determined in the same manner as that for
principals using 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.
(e) Salaries for employment beyond the minimum employment term
shall be at the same daily rate as the salaries for the minimum
employment terms.
(f) 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.
(g) No county may reduce local funds allocated for salary
increments for principals and assistant principals in effect on the
first day of January, two thousand eight, and used in supplementing
the state minimum salaries as provided 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.
(h) Nothing in this section prevents a county board from
providing, in a uniform manner, salary increments greater than
those required by this section.
The state board of education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education, and such
other permits as may be authorized by said board.
On and after the first day of July, one thousand nine hundred
eighty-five, any vocational industrial, technical, occupational
home economics, or health occupations teacher who is required to
hold a vocational certificate and is paid a salary equivalent to
the amount prescribed for "A.B. + 15" training classification in
the state minimum salary schedule for teachers under section two of
this article shall, upon application therefor, receive advanced
salary classification and be entitled to increased compensation on
and after such date in respect to and based upon additional
semester hours, approved by the state board of education and
completed either prior to or subsequent to such date. All such
hours earned must be from a regionally accredited institution of
higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application: Provided,
That any such teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application therefor,
such advanced salary to take effect immediately upon qualification
therefor: Provided, however,
That any vocational teacher receiving
the amount prescribed for the "M.A. + 30" training classification
under prior enactments of this section who have not been issued a
permanent vocational certificate shall not have such salary reduced
as a result of this section: Provided further,
That any teacher
with a vocational certificate and under contract for the school
year one thousand nine hundred eighty-five--eighty-six who has
earned a bachelor's degree prior to the end of such school year
shall be entitled to receive the amount prescribed for the "M.A. +
30" training classification, upon application therefor, for the school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
(a) For the purposes of this section, salary equity among the
counties means that the salary potential of school employees
employed by the various districts throughout the state does not
differ by greater than ten percent between those offering the
highest salaries and those offering the lowest salaries. In the
case of professional educators, the difference shall be calculated
using the average of the professional educator salary schedules,
degree classifications B. A. through doctorate and the years of
experience provided in the most recent state minimum salary
schedule for teachers, in effect in the ten counties offering the
highest salary schedules compared to the lowest salary schedule in
effect among the fifty-five counties. In the case of school
service personnel, the difference shall be calculated utilizing the
average of the school service personnel salary schedules, pay
grades A through H and the years of experience provided in the most
recent state minimum pay scale pay grade for service personnel, in
effect in the ten counties offering the highest salary schedules
compared to the lowest salary schedule in effect among the fifty-
five counties.
(b) To meet the objective of salary equity among the counties,
as defined in subsection (a) of this section, on and after July 1,
1984, subject to available state appropriations and the conditions
set forth herein, each teacher and school service personnel shall
receive an equity supplement amount as specified in sections two
and eight-a, respectively, of this article in addition to the amount from the state minimum salary schedules provided in those
sections.
(c) 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 amount allocated for
salary equity shall be apportioned between teachers and school
service personnel in direct proportion to that amount necessary to
support the professional salaries and service personnel salaries
statewide under sections four, five and eight, article nine-a,
chapter eighteen of this code. In the event the Department of
Education determines that the objective of salary equity among the
counties has not been met, it shall include in its budget request
for the public school support plan for the next school year a
request for funding sufficient to meet the objective of salary
equity through an across-the-board increase in the equity
supplement amount of the affected class of employees.
(d) Pursuant to this section, each teacher and service person
shall receive from state funds the equity supplement amount
indicated in subsection (c), section two and subsection (f),
section eight-a of this article, as applicable, reduced by any
amount provided by the county as a salary supplement for teachers
and school service personnel on January 1, 1984.
(e) The amount received pursuant to this section shall not be
decreased as a result of any county supplement increase instituted
after January 1, 1984: Provided, That any amount received pursuant
to this section may be reduced proportionately based upon the
amount of funds appropriated for this purpose. No county may reduce any salary supplement that was in effect on January 1, 1984,
except as permitted by sections five-a and five-b of this article.
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.
Counties may fix higher salaries for teachers placed in
special instructional assignments, for those assigned to or
employed for duties other than regular instructional duties, and
for teachers of one-teacher schools, and they may provide
additional compensation for any teacher assigned duties in addition
to the teacher's regular instructional duties wherein such
noninstructional duties are not a part of the scheduled hours of
the regular school day. Uniformity also shall apply to such
additional salary increments or compensation for all persons
performing like assignments and duties within the county: Provided,
That in establishing such local salary schedules, no county shall
reduce local funds allocated for salaries in effect on the first
day of January, one thousand nine hundred ninety, 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.
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 the first day of January, one thousand nine hundred eighty-four,
by any county board of education.
The county board of education may establish salary schedules
which shall be in excess of the state minimums fixed by this
article.
These county schedules shall be uniform throughout the county
with regard to any training classification, experience, years of
employment, responsibility, duties, pupil participation, pupil
enrollment, size of buildings, operation of equipment or other
requirements. Further, uniformity shall apply to all salaries,
rates of pay, benefits, increments or compensation for all persons
regularly employed and performing like assignments and duties
within the county: Provided, That in establishing such local
salary schedules, no county shall reduce local funds allocated for
salaries in effect on the first day of January, one thousand nine
hundred ninety, 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.
Counties may provide, in a uniform manner, benefits for
service personnel 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 the first day of January, one thousand nine
hundred eighty-four, by any county board of education.
Notwithstanding the provisions of section five of this
article, any moneys appropriated and expended for equity that are
in addition to such amounts as were expended for such purpose prior
to the effective date of this section shall be apportioned between
teachers and school service personnel in such proportion as
necessary to align more closely teachers and school service
personnel with their counterparts in the contiguous states:
Provided, That an adequate amount of such funds shall be reserved
to finance the appropriate foundation allowances and staffing
incentives provided for in article nine-a of chapter eighteen.
The state board shall collect information annually from
contiguous states for the purpose of making a thorough and
comprehensive comparison of West Virginia school service personnel
salaries to those in surrounding states, which shall be used as a
guide to align more closely teachers and school service personnel
with their counterparts in the contiguous states.
Notwithstanding any other provisions of this code to the
contrary, for the fiscal year beginning on the first day of July,
one thousand nine hundred ninety only, not less than twenty-seven
million four hundred thousand dollars shall be appropriated and
expended for salary equity among the counties in addition to such
amounts as were expended for such purpose prior to the effective
date of this section: Provided, That for professional educators
each person shall receive a minimum salary equity adjustment of
five hundred thirty-five dollars per year and that for service
personnel each person shall receive a minimum salary equity
adjustment of twenty dollars per month: Provided, however, That
beginning on the first day of July, one thousand nine hundred
ninety, such minimum salary equity adjustments shall be paid
through the appropriate salary schedules pursuant to sections two
and eight-a of this article: Provided further, That the remainder
of the equity money shall be distributed as directed in section
five of this article: And provided further, That an adequate
amount of such funds shall be reserved to finance the appropriate
foundation allowances for fixed charges as provided for in section
six, article nine-a, chapter eighteen of this code: And provided
further, That notwithstanding the provisions of said sections five
and five-c of this article, foundation allowances other than for
fixed charges shall not be financed from such funds.
The pay of a substitute teacher shall not be less than eighty
percent of the daily rate of the state basic salary paid to
teachers: Provided, That any substitute teacher who teaches in
excess of ten consecutive instructional days in the same position
shall, thereafter, not be paid less than eighty percent of the
daily rate of the state advanced salary based upon teaching
experience: Provided, however, That any substitute teacher who
teaches in excess of thirty days in the same position shall be paid
the daily rate of the advanced salary, within that teacher's
county.
(a) A county board of education shall make decisions affecting
the hiring of professional personnel other than classroom teachers
on the basis of the applicant with the highest qualifications.
(b) The county board shall make decisions affecting the hiring
of new classroom teachers on the basis of the applicant with the
highest qualifications.
(c) In judging qualifications for hiring employees pursuant to
subsections (a) and (b) of this section, consideration shall be
given to each of the following:
(1) Appropriate certification, licensure or both;
(2) Amount of experience relevant to the position; or, in the
case of a classroom teaching position, the amount of teaching
experience in the subject area;
(3) The amount of course work, degree level or both in the
relevant field and degree level generally;
(4) Academic achievement;
(5) Relevant specialized training;
(6) Past performance evaluations conducted pursuant to section
twelve, article two of this chapter; and
(7) Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional
personnel apply for a classroom teaching position and meet the
standards set forth in the job posting, the county board of
education shall make a decision affecting the filling of the position on the basis of the following criteria:
(1) Appropriate certification, licensure or both;
(2) Total amount of teaching experience;
(3) The existence of teaching experience in the required
certification area;
(4) Degree level in the required certification area;
(5) Specialized training directly related to the performance
of the job as stated in the job description;
(6) Receiving an overall rating of satisfactory in the
previous two evaluations conducted pursuant to section twelve,
article two of this chapter; and
(7) Seniority.
(e) In filling positions pursuant to subsection (d) of this
section, consideration shall be given to each criterion with each
criterion being given equal weight. If the applicant with the most
seniority is not selected for the position, upon the request of the
applicant a written statement of reasons shall be given to the
applicant with suggestions for improving the applicant's
qualifications.
(f) With the exception of guidance counselors, the seniority
of classroom teachers, as defined in section one, article one of
this chapter shall be determined on the basis of the length of time
the employee has been employed as a regular full-time certified
and/or licensed professional educator by the county board of
education and shall be granted in all areas that the employee is
certified, licensed or both.
(g) Upon completion of one hundred thirty-three days of employment in any one school year, substitute teachers, except
retired teachers and other retired professional educators employed
as substitutes, shall accrue seniority exclusively for the purpose
of applying for employment as a permanent, full-time professional
employee. One hundred thirty-three days or more of said employment
shall be prorated and shall vest as a fraction of the school year
worked by the permanent, full-time teacher.
(h) Guidance counselors and all other professional employees,
as defined in section one, article one of this chapter, except
classroom teachers, shall gain seniority in their nonteaching area
of professional employment on the basis of the length of time the
employee has been employed by the county board of education in that
area: Provided, That if an employee is certified as a classroom
teacher, the employee accrues classroom teaching seniority for the
time that that employee is employed in another professional area.
For the purposes of accruing seniority under this paragraph,
employment as principal, supervisor or central office
administrator, as defined in section one, article one of this
chapter, shall be considered one area of employment.
(I) Employment for a full employment term shall equal one year
of seniority, but no employee may accrue more than one year of
seniority during any given fiscal year. Employment for less than
the full employment term shall be prorated. A random selection
system established by the employees and approved by the board shall
be used to determine the priority if two or more employees
accumulate identical seniority: Provided, That when two or more
principals have accumulated identical seniority, decisions on reductions in force shall be based on qualifications.
(j) Whenever a county board is required to reduce the number
of professional personnel in its employment, the employee with the
least amount of seniority shall be properly notified and released
from employment pursuant to the provisions of section two, article
two of this chapter. The provisions of this subsection are subject
to the following:
(1) All persons employed in a certification area to be reduced
who are employed under a temporary permit shall be properly
notified and released before a fully certified employee in such a
position is subject to release;
(2) An employee subject to release shall be employed in any
other professional position where the employee is certified and was
previously employed or to any lateral area for which the employee
is certified, licensed or both, if the employee's seniority is
greater than the seniority of any other employee in that area of
certification, licensure or both;
(3) If an employee subject to release holds certification,
licensure or both in more than one lateral area and if the
employee's seniority is greater than the seniority of any other
employee in one or more of those areas of certification, licensure
or both, the employee subject to release shall be employed in the
professional position held by the employee with the least seniority
in any of those areas of certification, licensure or both; and
(4) If, prior to August 1, of the year a reduction in force is
approved, the reason for any particular reduction in force no
longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force
or transfer and shall notify the released employee in writing of
his or her right to be restored to his or her position of
employment. Within five days of being so notified, the released
employee shall notify the board, in writing, of his or her intent
to resume his or her position of employment or the right to be
restored shall terminate. Notwithstanding any other provision of
this subdivision, if there is another employee on the preferred
recall list with proper certification and higher seniority, that
person shall be placed in the position restored as a result of the
reduction in force being rescinded.
(k) For the purpose of this article, all positions which meet
the definition of "classroom teacher" as defined in section one,
article one of this chapter shall be lateral positions. For all
other professional positions, the county board of education shall
adopt a policy by October 31, 1993, and may modify the policy
thereafter as necessary, which defines which positions shall be
lateral positions. The board shall submit a copy of its policy to
the state board within thirty days of adoption or any modification,
and the state board shall compile a report and submit the report to
the Legislative Oversight Commission on Education Accountability by
December 31, 1993, and by that date in any succeeding year in which
any county board submits a modification of its policy relating to
lateral positions. In adopting the policy, the board shall give
consideration to the rank of each position in terms of title;
nature of responsibilities; salary level; certification, licensure
or both; and days in the period of employment.
(l) After the twentieth day prior to the beginning of the
instructional term, no person employed and assigned to a
professional position may transfer to another professional position
in the county during that instructional term unless the person
holding that position does not have valid certification. The
provisions of this subsection are subject to the following:
(1) The person may apply for any posted, vacant positions with
the successful applicant assuming the position at the beginning of
the next instructional term;
(2) Professional personnel who have been on an approved leave
of absence may fill these vacancies upon their return from the
approved leave of absence;
(3) The county board, upon recommendation of the
superintendent may fill a position before the next instructional
term when it is determined to be in the best interest of the
students. The county superintendent shall notify the state board
of each transfer of a person employed in a professional position to
another professional position after the twentieth day prior to the
beginning of the instructional term;
(4) The provisions of this subsection do not apply to the
filling of a position vacated because of resignation or retirement
that became effective on or before the twentieth day prior to the
beginning of the instructional term, but not posted until after
that date; and
(5) The Legislature finds that it is not in the best interest
of the students particularly in the elementary grades to have
multiple teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the
filling of positions through transfers of personnel from one
professional position to another after the twentieth day prior to
the beginning of the instructional term should be kept to a
minimum.
(m) All professional personnel whose seniority with the county
board is insufficient to allow their retention by the county board
during a reduction in work force shall be placed upon a preferred
recall list. As to any professional position opening within the
area where they had previously been employed or to any lateral area
for which they have certification, licensure or both, the employee
shall be recalled on the basis of seniority if no regular, full-
time professional personnel, or those returning from leaves of
absence with greater seniority, are qualified, apply for and accept
the position.
(n) Before position openings that are known or expected to
extend for twenty consecutive employment days or longer for
professional personnel may be filled by the board, the board shall
be required to notify all qualified professional personnel on the
preferred list and give them an opportunity to apply, but failure
to apply shall not cause the employee to forfeit any right to
recall. The notice shall be sent by certified mail to the last
known address of the employee, and it shall be the duty of each
professional personnel to notify the board of continued
availability annually, of any change in address or of any change in
certification, licensure or both.
(o) Openings in established, existing or newly created positions shall be processed as follows:
(1) Boards shall be required to post and date notices which
shall be subject to the following:
(A) The notices shall be posted in conspicuous working places
for all professional personnel to observe for at least five working
days;
(B) The notice shall be posted within twenty working days of
the position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and
directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of
qualified applicants may apply; and
(E) 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;
(2) No vacancy shall be filled until after the five-day
minimum posting period;
(3) If one or more applicants meets the qualifications listed
in the job posting, the successful applicant to fill the vacancy
shall be selected by the board within thirty working days of the
end of the posting period;
(4) A position held by a teacher who is certified, licensed or
both, who has been issued a permit for full-time employment and is
working toward certification in the permit area shall not be
subject to posting if the certificate is awarded within five years; and
(5) Nothing provided herein shall prevent the county board of
education from eliminating a position due to lack of need.
(p) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in
an elementary school does not increase from one school year to the
next, but there exists in that school a need to realign the number
of teachers in one or more grade levels, kindergarten through six,
teachers at the school may be reassigned to grade levels for which
they are certified without that position being posted: Provided,
That the employee and the county board of education mutually agree
to the reassignment.
(q) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in
an elementary school needs to be reduced, the reduction shall be
made on the basis of seniority with the least senior classroom
teacher being recommended for transfer; and
(2) When a specified grade level needs to be reduced and the
least senior employee in the school is not in that grade level, the
least senior classroom teacher in the grade level that needs to be
reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school
without that position being posted: Provided, That the employee is
certified, licensed or both and agrees to the reassignment.
(r) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and shall be liable to any party prevailing against the board for court costs and
reasonable attorney fees as determined and established by the
court. Further, employees denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactive to the date of the violation and
payable entirely from local funds. Further, the board shall be
liable to any party prevailing against the board for any court
reporter costs including copies of transcripts.
(s) The county board shall compile, update annually on July 1
and make available by electronic or other means to all employees a
list of all professional personnel employed by the county, their
areas of certification and their seniority.
(a) A professional employee shall begin to accrue seniority
upon commencement of the employee's duties.
(b) An employee shall receive seniority credit for each day
the employee is professionally employed regardless of whether the
employee receives pay for that day: Provided, That no employee
shall receive seniority credit for any day the employee is
suspended without pay pursuant to section eight, article two of
this chapter: Provided, however, That an employee who is on an
approved leave of absence shall accrue seniority during the period
of time that the employee is on the approved leave of absence.
(c) Any professional employee whose employment with a county
board of education is terminated either voluntarily or through a
reduction-in-force shall, upon reemployment with the same board of education in a regular full-time position, receive credit for all
seniority previously accumulated with the board of education at the
date the employee's employment was terminated.
(d) Any professional employee whose employment has been
terminated through reduction in force and whose name is on the
preferred recall list shall retain all accumulated seniority for
the purpose of seeking reemployment with the county from which he
or she was terminated and nothing in this section may be construed
to the contrary.
(e) Any professional employee employed for a full employment
term but in a part-time position shall receive seniority credit for
each day of employment prorated to the proportion of a full
employment day the employee is required to work: Provided, That
nothing herein allows a regular full-time employee to be credited
with less than a full day of seniority credit for each day the
employee is employed by the board: Provided, however, That this
calculation of seniority for part-time professional personnel is
prospective and does not reduce any seniority credit accumulated by
any employee prior to the effective date of this section: Provided
further, That for the purposes of this section a part-time employee
shall be defined as an employee who is employed less than three and
one-half hours per day.
(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) A service person may not be required to report for work
more than five days per week without his or her agreement, and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If a service person whose regular work week is scheduled
from Monday through Friday agrees to perform any work assignments
on a Saturday or Sunday, the service person shall be paid for at
least one-half day of work for each day he or she reports for work. If the service person 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) A custodian, aide, maintenance, office and school lunch
service person required to work a daily work schedule that is
interrupted shall be paid additional compensation in accordance
with this subsection.
(1) A maintenance person means a person who holds 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.
(2) A service person's schedule is considered to be
interrupted if he or she does not work a continuous period in one
day. Aides are not regarded as working an interrupted schedule
when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this
subsection:
(A) Is equal to at least one-eighth of a service person's
total salary as provided by the state minimum pay scale and any
county pay supplement; and
(B) Is payable entirely from county board funds.
(g) When there is a change in classification or when a service
person meets the requirements of an advanced classification, his or
her salary shall be made to comply with the requirements of this
article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person's
advanced classification and allowable years of employment.
(h) A service person'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 on 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 a service person has been employed by a
county board in any position prior to or subsequent to the
effective date of this section and includes service in the Armed
Forces of the United States, if the employee was employed at the
time of his or her induction. For the purpose of section eight-a
of this article, years of employment is 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 a service person;
(4) "Accountant I" means a person 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 a person 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 a person employed in the county
board office to manage and supervise accounts payable, payroll
procedures, or both;
(7) "Accounts payable supervisor" means a person employed in
the county board office who has primary responsibility for the
accounts payable function and who either has completed twelve
college hours of accounting courses from an accredited institution
of higher education or has at least eight years of experience
performing progressively difficult accounting tasks.
Responsibilities of this class title may include supervision of
other personnel;
(8) "Aide I" means a person selected and trained for a
teacher-aide classification such as monitor aide, clerical aide,
classroom aide or general aide;
(9) "Aide II" means a service person referred to in the "Aide
I" classification who has completed a training program approved by
the state board, or who holds a high school diploma or has received
a general educational development certificate. Only a person
classified in an Aide II class title may be employed as an aide in
any special education program;
(10) "Aide III" means a service person referred to in the
"Aide I" classification who holds a high school diploma or a
general educational development certificate; and
(A) Has completed six semester hours of college credit at an
institution of higher education; or
(B) Is employed as an aide in a special education program and
has one year's experience as an aide in special education;
(11) "Aide IV" means a service person referred to in the "Aide
I" classification who holds a high school diploma or a general
educational development certificate; and
(A) Has completed eighteen hours of state board-approved
college credit at a regionally accredited institution of higher
education, or
(B) Has completed fifteen hours of state board-approved
college credit at a regionally accredited institution of higher
education; and has 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 a person employed to
perform minor maintenance on audiovisual equipment, films, and
supplies and who fills requests for equipment;
(13) "Auditor" means a person 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 a person who works with autistic
students and who meets standards and experience to be determined by
the state board. A person who has held or holds an aide title and
becomes employed as an autism mentor shall hold a
multiclassification status that includes both aide and autism
mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means a person
employed to provide braille and/or sign language assistance to
students. A service person who has held or holds an aide title and
becomes employed as a braille or sign language specialist shall
hold a multiclassification status that includes both aide and
braille or sign language specialist title, in accordance with
section eight-b of this article;
(16) "Bus operator" means a person employed to operate school
buses and other school transportation vehicles as provided by the
state board;
(17) "Buyer" means a person 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) "Cabinetmaker" means a person employed to construct
cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means a person 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) "Carpenter I" means a person classified as a carpenter's
helper;
(21) "Carpenter II" means a person classified as a journeyman
carpenter;
(22) "Chief mechanic" means a person employed to be
responsible for directing activities which ensure that student
transportation or other county board-owned vehicles are properly
and safely maintained;
(23) "Clerk I" means a person employed to perform clerical
tasks;
(24) "Clerk II" means a person employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines;
(25) "Computer operator" means a qualified person employed to
operate computers;
(26) "Cook I" means a person employed as a cook's helper;
(27) "Cook II" means a person employed to interpret menus and
to prepare and serve meals in a food service program of a school.
This definition includes a service person who has been employed as
a "Cook I" for a period of four years;
(28) "Cook III" means a person 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) "Crew leader" means a person employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(30) "Custodian I" means a person employed to keep buildings
clean and free of refuse;
(31) "Custodian II" means a person employed as a watchman or
groundsman;
(32) "Custodian III" means a person employed to keep buildings
clean and free of refuse, to operate the heating or cooling systems
and to make minor repairs;
(33) "Custodian IV" means a person employed as head
custodians. In addition to providing services as defined in
"custodian III," duties may include supervising other custodian
personnel;
(34) "Director or coordinator of services" means an employee
of a county board who is assigned to direct a department or
division.
(A) Nothing in this subdivision prohibits a professional
person or a professional educator from holding this class title;
(B) Professional personnel holding this class title may not be
defined or classified as service personnel unless the professional
person held a service personnel title under this section prior to
holding the class title of "director or coordinator of services."
(C) The director or coordinator of services shall be
classified either as a professional person or a service person for
state aid formula funding purposes;
(D) Funding for the position of director or coordinator of
services is based upon the employment status of the director or
coordinator either as a professional person or a service person;
and
(E) A person employed under the class title "director or
coordinator of services" may not be exclusively assigned to perform
the duties ascribed to any other class title as defined in this
subsection: Provided, That nothing in this paragraph prohibits a
person in this position from being multiclassified;
(35) "Draftsman" means a person employed to plan, design and
produce detailed architectural/engineering drawings;
(36) "Electrician I" means a person employed as an apprentice
electrician helper or one who holds an electrician helper license
issued by the State Fire Marshal;
(37) "Electrician II" means a person employed as an
electrician journeyman or one who holds a journeyman electrician
license issued by the State Fire Marshal;
(38) "Electronic technician I" means a person employed at the
apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means a person employed at the
journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means a person employed as secretary to the county school superintendent or as a secretary who
is assigned to a position characterized by significant
administrative duties;
(41) "Food services supervisor" means a qualified person who
is not a professional person or professional educator as defined in
section one, article one of this chapter. The food services
supervisor is employed to manage and supervise a county school
system's food service program. The duties 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) "Foreman" means a skilled person employed to supervise
personnel who work in the areas of repair and maintenance of school
property and equipment;
(43) "General maintenance" means a person employed as a helper
to skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system;
(44) "Glazier" means a person employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(45) "Graphic artist" means a person employed to prepare
graphic illustrations;
(46) "Groundsman" means a person 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) "Handyman" means a person employed to perform routine
manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means a person
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(49) "Heating and air conditioning mechanic II" means a person
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(50) "Heavy equipment operator" means a person employed to
operate heavy equipment;
(51) "Inventory supervisor" means a person employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies;
(52) "Key punch operator" means a qualified person employed to
operate key punch machines or verifying machines;
(53) "Licensed practical nurse" means a nurse, licensed by the
West Virginia Board of Examiners for Licensed Practical Nurses,
employed to work in a public school under the supervision of a
school nurse;
(54) "Locksmith" means a person employed to repair and
maintain locks and safes;
(55) "Lubrication man" means a person employed to lubricate
and service gasoline or diesel-powered equipment of a county school
system;
(56) "Machinist" means a person employed to perform machinist
tasks which include the ability to operate a lathe, planer, shaper,
threading machine and wheel press. A person holding this class
title also should have the ability to work from blueprints and
drawings;
(57) "Mail clerk" means a person employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail;
(58) "Maintenance clerk" means a person employed to maintain
and control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts;
(59) "Mason" means a person employed to perform tasks
connected with brick and block laying and carpentry tasks related
to these activities;
(60) "Mechanic" means a person employed to perform skilled
duties independently in the maintenance and repair of automobiles,
school buses and other mechanical and mobile equipment to use in a
county school system;
(61) "Mechanic assistant" means a person employed as a
mechanic apprentice and helper;
(62) "Multiclassification" means a person 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;
(63) "Office equipment repairman I" means a person employed as
an office equipment repairman apprentice or helper;
(64) "Office equipment repairman II" means a person
responsible for servicing and repairing all office machines and
equipment. A person holding this class title is responsible for
the purchase of parts necessary for the proper operation of a
program of continuous maintenance and repair;
(65) "Painter" means a person employed to perform duties
painting, finishing and decorating wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(66) "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 students
under the direction of a principal, a teacher or another designated
professional educator.
(A) A person employed on the effective date of this section in
the position of an aide may not be subject to a reduction in force
or transferred to create a vacancy for the employment of a
paraprofessional;
(B) A person who has held or holds an aide title and becomes
employed as a paraprofessional shall hold a multiclassification status that includes both aide and paraprofessional titles in
accordance with section eight-b of this article; and
(C) When a service person 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;
(67) "Payroll supervisor" means a person employed in the
county board office who has primary responsibility for the payroll
function and who either has completed twelve college hours of
accounting from an accredited institution of higher education or
has at least eight years of experience performing progressively
difficult accounting tasks. Responsibilities of this class title
may include supervision of other personnel;
(68) "Plumber I" means a person employed as an apprentice
plumber and helper;
(69) "Plumber II" means a person employed as a journeyman
plumber;
(70) "Printing operator" means a person employed to operate
duplication equipment, and to cut, collate, staple, bind and shelve
materials as required;
(71) "Printing supervisor" means a person employed to
supervise the operation of a print shop;
(72) "Programmer" means a person employed to design and
prepare programs for computer operation;
(73) "Roofing/sheet metal mechanic" means a person employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation;
(74) "Sanitation plant operator" means a person 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;
(75) "School bus supervisor" means a qualified person:
(A) Employed to assist in selecting school bus operators and
routing and scheduling school buses, operate a bus when needed,
relay instructions to bus operators, plan emergency routing of
buses and promote good relationships with parents, students, bus
operators and other employees; and
(B) Certified to operate a bus or previously certified to
operate a bus;
(76) "Secretary I" means a person employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines;
(77) "Secretary II" means a person 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, stenotype,
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. Nothing in this subdivision prevents a service
person from holding or being elevated to a higher classification;
(78) "Secretary III" means a person 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 in purchasing and financial control or any person
who has served for eight years in a position which meets the
definition of "secretary II" or "secretary III";
(79) "Supervisor of maintenance" means a skilled person who is
not a professional person or professional educator as defined in
section one, article one of this chapter. The responsibilities
include directing the upkeep of buildings and shops, and issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical
equipment of a county board;
(80) "Supervisor of transportation" means a qualified person
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. After July 1, 2010, all persons employed for the
first time in a position with this classification title or in a
multi-classification position that includes this title shall have
five years of experience working in the transportation department
of a county board. Experience working in the transportation department shall consist of serving as a bus operator, bus aide,
assistant mechanic, mechanic, chief mechanic or in a clerical
position within the transportation department;
(81) "Switchboard operator-receptionist" means a person
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;
(82) "Truck driver" means a person employed to operate light
or heavy duty gasoline and diesel-powered vehicles;
(83) "Warehouse clerk" means a person employed to be
responsible for receiving, storing, packing and shipping goods;
(84) "Watchman" means a person employed to protect school
property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning
duties;
(85) "Welder" means a person employed to provide acetylene or
electric welding services for a school system; and
(86) "WVEIS data entry and administrative clerk" means a
person 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) Notwithstanding any provision in this code to the
contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, each service person
is 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) A service person whose years of employment exceeds 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) Each county board shall review each service person's job
classification annually and shall reclassify all service persons as
required by the job classifications. The state superintendent 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 a
county board 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) Without his or her written consent, a service person may
not be:
(1) Reclassified by class title; or
(2) 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
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 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.
(o) Notwithstanding any provision of this code to the
contrary, a service person who holds a continuing contract in a
specific job classification and who is 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 the service person is qualified as provided in
section eight-e of this article.
(p) Any person employed in an aide position on the effective
date of this section may not be transferred or subject to a
reduction in force for the purpose of creating a vacancy for the
employment of a licensed practical nurse.
(q) Without the written consent of the service person, a
county board may not establish the beginning work station for a bus
operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the
bus operator or transportation aide commences at the bus at the
designated beginning work station and ends when the employee is
able to leave the bus at the designated beginning work station,
unless he or she agrees otherwise in writing. The application or
acceptance of a posted position may not be construed as the written
consent referred to in this subsection.
(r) Itinerant status means a service person who does not have
a fixed work site and may be involuntarily reassigned to another
work site. A service person is considered to hold itinerant status
if he or she has bid upon a position posted as itinerant or has
agreed to accept this status. A county board may establish
positions with itinerant status only within the aide and autism
mentor classification categories and only when the job duties
involve exceptional students. A service person with itinerant
status may be assigned to a different work site upon written notice
ten days prior to the reassignment without the consent of the
employee and without posting the vacancy. A service person with
itinerant status may be involuntarily reassigned no more than twice
during the school year. At the conclusion of each school year, the
county board shall post and fill, pursuant to section eight-b of
this article, all positions that have been filled without posting
by a service person with itinerant status. A service person who is
assigned to a beginning and ending work site and travels at the
expense of the county board to other work sites during the daily schedule, shall not be considered to hold itinerant status.
(a) The minimum monthly pay for each service employee shall be
as follows:
(1) Beginning July 1, 2011, and continuing thereafter, the
minimum monthly pay for each service employee whose employment is
for a period of more than three and one-half hours a day shall be
at least the amounts indicated in the State Minimum Pay Scale Pay
Grade 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 set forth in this subdivision.
(2) Each service employee shall receive the amount prescribed
in the Minimum Pay Scale in accordance with the provisions of this
subsection according to their class title and pay grade as set
forth in this subdivision:
CLASS TITLE PAY GRADE
Accountant I D
Accountant II E
Accountant III F
Accounts Payable Supervisor G
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor F
Braille or Sign Language Specialist E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Licensed Practical Nurse F
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
Paraprofessional F
Payroll Supervisor G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator G
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
WVEIS Data Entry and Administrative Clerk B
(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) To meet the objective of salary equity among the counties,
each service employee shall be paid an equity supplement, as set forth in section five of this article, of $152 per month, subject
to the provisions of that section. These payments: (I) Shall be in
addition to any amounts prescribed in the applicable State Minimum
Pay Scale Pay Grade, any specific additional amounts prescribed in
this section and article and any county supplement in effect in a
county pursuant to section five-b of this article; (ii) shall be
paid in equal monthly installments; and (iii) shall be considered
a part of the state minimum salaries for service personnel.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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 person 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.
(l) 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.
(m) 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 a certified
professional person 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 a certified professional person" means that
certified professional person is present, with and accompanying the
aide.
(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 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 work site, the starting and ending
time of the daily shift, the amount of pay and any benefits and
other information that is helpful to prospective applicants to
understand the particulars of the job. The notice of a job vacancy
in the aide classification categories shall include the program or
primary assignment of the position. 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. 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;
(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.
Professional and service personnel employed by a multi-county
vocational center shall establish seniority on the basis of the
length of time the employee has been employed by the multi-county
vocational center, except that any professional or service
personnel whose employment with the multi-county vocational center
was immediately preceded by employment with one of the county
boards participating in the operation of the center or whose
employment contract was with one of the county boards participating
in the operation of the center (1) shall retain any seniority
accrued during employment by said county board; (2) shall accrue
seniority as a regular employee with said county board during
employment with the center; (3) shall attain continuing contract
status with both the county and the center if the sum of the years
employed by the county and the center equals the statutory number
required for continuing contract status; and (4) shall retain and
continue to accrue county and center seniority in the event of
reemployment by said participating county as a result of direct
transfer from the center or recall from the preferred list.
Reductions in work force in the center or employment by the
center or county board shall be made in accordance with the
provisions of sections seven-a and eight-b of this article:
Provided, That only years of employment within the multi-county
vocational center shall be considered for purposes of reduction in
force within the center.
The seniority conferred herein shall apply retroactively to all affected professional and service personnel, but the rights
incidental thereto shall commence as of the effective date of this
section.
Where two or more counties join together to share the services
of central office administrative personnel, any employee whose
services are no longer needed by virtue of such sharing may have
his or her contract terminated for lack of need, as provided in
sections two and six, article two of this chapter, notwithstanding
any provision of this code to the contrary. Any employee whose
contract is so terminated shall be afforded all rights pursuant to
section eight-b of this article.
(a) The State Board shall develop and make available
competency tests for all of the classification titles defined in
section eight of this article and listed in section eight-a of this
article for service personnel. Each classification title defined
and listed is considered a separate classification category of
employment for service personnel and has a separate competency
test, except for those class titles having Roman numeral
designations, which are considered a single classification of
employment and have a single competency test.
(1) The cafeteria manager class title is included in the same
classification category as cooks and has the same competency test.
(2) The executive secretary class title is included in the
same classification category as secretaries and has the same
competency test.
(3) The classification titles of chief mechanic, mechanic and
assistant mechanic are included in one classification title and
have the same competency test.
(b) The purpose of these tests is to provide county boards a
uniform means of determining whether school service personnel who
do not hold a classification title in a particular category of
employment meet the definition of the classification title in
another category of employment as defined in section eight of this
article. Competency tests may not be used to evaluate employees
who hold the classification title in the category of their
employment.
(c) The competency test consists of an objective written or
performance test, or both. Applicants may take the written test
orally if requested. Oral tests are recorded mechanically and kept
on file. The oral test is administered by persons who do not know
the applicant personally.
(1) The performance test for all classifications and
categories other than bus operator is administered by an employee
of the county board or an employee of a multicounty vocational
school that serves the county at a location designated by the
superintendent and approved by the board. The location may be a
vocational school that serves the county.
(2) A standard passing score is established by the state
Department of Education for each test and is used by county boards.
(3) The subject matter of each competency test is commensurate
with the requirements of the definitions of the classification
titles as provided in section eight of this article. The subject
matter of each competency test is designed in such a manner that
achieving a passing grade does not require knowledge and skill in
excess of the requirements of the definitions of the classification
titles. Achieving a passing score conclusively demonstrates the
qualification of an applicant for a classification title.
(4) Once an employee passes the competency test of a
classification title, the applicant is fully qualified to fill
vacancies in that classification category of employment as provided
in section eight-b of this article and may not be required to take
the competency test again.
(d) An applicant who fails to achieve a passing score is given other opportunities to pass the competency test when applying for
another vacancy within the classification category.
(e) Competency tests are administered to applicants in a
uniform manner under uniform testing conditions. County boards are
responsible for scheduling competency tests, notifying applicants
of the date and time of the one day of training prior to taking the
test, and the date and time of the test. County boards may not use
a competency test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the
work schedule of a school employee who has applied for a vacancy,
the employee is excused from work to take the competency test
without loss of pay.
(g) A minimum of one day of appropriate in-service training is
provided to employees to assist them in preparing to take the
competency tests.
(h) Competency tests are used to determine the qualification
of new applicants seeking initial employment in a particular
classification title as either a regular or substitute employee.
(I) Notwithstanding any provisions in this code to the
contrary, once an employee holds or has held a classification title
in a category of employment, that employee is considered qualified
for the classification title even though that employee no longer
holds that classification.
(j) The requirements of this section do not alter the
definitions of class titles as provided in section eight of this
article or the procedure and requirements of section eight-b of
this article.
(k) Notwithstanding any other provision of this code to the
contrary and notwithstanding any rules of the School Board
concerning school bus operator certification, the certification
test for school bus operators shall be required as follows, and
school bus operators may not be required to take the certification
test more frequently:
(1) For substitute school bus operators and for school bus
operators with regular employee status but on a probationary
contract, the certification test shall be administered annually;
(2) For school bus operators with regular employee status and
continuing contract status, the certification test shall be
administered triennially; and
(3) For substitute school bus operators who are retired from
a county board and who at the time of retirement had ten years of
experience as a regular full-time bus operator, the certification
test shall be administered triennially.
(4) School bus operator certificate. --
(A) A school bus operator certificate may be issued to a
person who has attained the age of twenty-one, completed the
required training set forth in State Board rule, and met the
physical requirements and other criteria to operate a school bus
set forth in State Board rule.
(B) The State Superintendent may, after ten days' notice and
upon proper evidence, revoke the certificate of any bus operator
for any of the following causes:
(i) Intemperance, untruthfulness, cruelty or immorality;
(ii) Conviction of or guilty plea or plea of no contest to a felony charge;
(iii) Conviction of or guilty plea or plea of no contest to
any charge involving sexual misconduct with a minor or a student;
(iv) Just and sufficient cause for revocation as specified by
State Board rule; and
(v) Using fraudulent, unapproved or insufficient credit to
obtain the certificates.
(vi) Of the causes for certificate revocation listed in this
paragraph (B), the following causes constitute grounds for
revocation only if there is a rational nexus between the conduct of
the bus operator and the performance of the job:
(I) Intemperance, untruthfulness, cruelty or immorality;
(II) Just and sufficient cause for revocation as specified by
State Board rule; and
(III) Using fraudulent, unapproved or insufficient credit to
obtain the certificate.
(C) The certificate of a bus operator may not be revoked for
either of the following unless it can be proven by clear and
convincing evidence that the bus operator has committed one of the
offenses listed in this subsection and his or her actions render
him or her unfit to operate a school bus:
(i) Any matter for which the bus operator was disciplined,
less than dismissal, by the employing county board; or
(ii) Any matter for which the bus operator is meeting or has
met an improvement plan determined by the county board.
(D) The State Superintendent shall designate a review panel to
conduct hearings on certificate revocations or denials and make recommendations for action by the State Superintendent. The State
Board, after consultation with employee organizations representing
school service personnel, shall promulgate a rule to establish the
review panel membership and composition, method of appointment,
governing principles and meeting schedule.
(E) It is the duty of any county superintendent who knows of
any acts on the part of a bus operator for which a certificate may
be revoked in accordance with this section to report the same,
together with all the facts and evidence, to the State
Superintendent for such action as in the State Superintendent's
judgment may be proper.
(F) If a certificate has been granted through an error,
oversight or misinformation, the State Superintendent may recall
the certificate and make such corrections as will conform to the
requirements of law and State Board rules.
(5) The State Board shall promulgate in accordance with
article three-b, chapter twenty-nine-a of this code, revised rules
in compliance with this subsection.
(b) Each year a consolidation or merger is proposed, prior to
the implementation of that plan, the superintendent shall cause to
be prepared and distributed to all faculty senates and to all
schools or other work sites a ballot on which teachers and service
personnel may indicate whether or not they desire those affected by
school closings to be given priority status in filling new
positions. A secret ballot election shall be conducted:
(1) In each faculty senate for classroom teachers. The
faculty senate chair shall convey the results of the election to
the superintendent; and
(2) At each school or work site for school service personnel.
The service personnel supervisor at each school or work site shall
convey the results of the election to the superintendent.
(c) The superintendent shall tabulate and post all results
prior to the notice requirements for reduction in force and transfer as outlined in sections two and seven, article two of this
chapter. The total number of votes shall be tabulated separately
for classroom teachers and for service personnel. The provisions
of this section also shall be implemented separately as follows:
(1) For classroom teachers only if a majority of the total
number of teachers who cast a ballot vote to do so; and
(2) For school service personnel only if a majority of the
total number of service personnel who cast a ballot vote to do so.
(d) If a majority approves, the teachers or school service
personnel in the school or schools to be closed have priority in
filling new positions in the new or merged schools for which the
teachers are certified or for which the school service personnel
are qualified and meet the standards set forth in the job posting
on the basis of seniority within the county. A teacher or school
service person may receive priority for filling a position at a
school affected by a merger or consolidation only for the position
being created by the influx of students from a consolidated or
merged school into the school receiving students from their closed
school or grade level.
(1) The most senior teacher from the closed school or schools
shall be placed first, the second most senior shall be placed next
and so on until all the newly created positions are filled, or
until all the teachers in the closed school or schools who wish to
transfer into the newly created positions are placed.
(2) The most senior service person from the closed school or schools has priority in filling any position within his or her
classification category. The second most senior service person
from the closed school or schools then has priority in filling
remaining vacancies and so on until all available positions are
filled.
(3) If there are fewer new positions in the newly created
school or merged school than there are classroom teachers or school
service personnel from the school or schools to be closed, the
teachers or school service personnel who were not placed in the new
positions retain the same rights as all other teachers or service
personnel with regard to seniority, transfer and reduction in
force.
(4) This section does not grant any employee additional rights
or protections with regard to reduction in force.
(e) For the purposes of this section only:
(1) A consolidation means that one or more schools are closed,
or one or more grade levels are removed from one or more schools,
and the students who previously attended the closed schools or
grade levels are assigned to a new school.
(2) A merger means that one or more schools are closed or one
or more grade levels are removed from one or more schools and the
students who previously attended the closed schools or grade levels
are assigned to another existing school.
(f) The provisions of this section do not apply to positions
that are filled by a county board prior to the effective date of this section, as reenacted during the regular session of the
Legislature, two thousand seven.
(1) Begins on the date the employee enters upon regular
employment duties pursuant to a contract as provided in section
five, article two of this chapter;
(2) Continues until the service person's employment as a
regular employee is severed with the county board; and
(3) Does not cease to accumulate when the county board has
authorized an absence whether without pay or due to illness or
other reason over which the employee has no control.
(b) Seniority accumulation for a substitute service person:
(1) Begins on the date the employee enters upon the duties of
a substitute as provided in section fifteen of this article, after
executing with the county board a contract of employment as
provided in section five, article two of this chapter; and
(2) Continues until the employee enters into the duties of a
regular employment contract as provided in section five, article
two of this chapter; or employment as a substitute service person
with the county board is severed.
(c) Seniority of a regular or substitute service person does
not continue to accumulate under the following conditions:
(1) When a service person is willfully absent from employment
duties because of a concerted work stoppage or strike; or
(2) When a service person is suspended without pay.
(d) For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article.
(e) When implementing a reduction in force, the service person
with the least seniority within a particular classification
category shall be properly released and placed on the preferred
recall list. The particular classification title held by a service
person within the classification category may not be considered
when implementing a reduction in force.
(f) On or before the first day of September and the fifteenth
day of January of each school year, county boards shall post at
each county school or working station the current seniority list or
lists of each service personnel classification. Each list shall
contain the name of each regularly employed school service person
employed in each classification and the date that each employee
began performing his or her assigned duties in each classification.
Current seniority lists of substitute school service personnel
shall be available to employees upon request at the county board
office.
(g) The seniority of a service person who transfers out of a
class title or classification category of employment and
subsequently returns to that class title or classification category
of employment is calculated as follows:
(1) The county board shall establish the number of calendar
days between the date the service person left the class title or
category of employment in question and the date of return to the
class title or classification category of employment.
(2) This number of days shall be added to the service person's
initial seniority date to establish a new beginning seniority date
within the class title or classification category.
(3) The service person then shall be considered as having held
uninterrupted service within the class title or classification
category from the newly established seniority date.
The seniority of an employee who has had a break in the
accumulation of seniority as a result of being willfully absent
from employment duties because of a concerted work stoppage or
strike shall be calculated in the same manner.
(h) Beginning on the first day of July, two thousand seven, a
substitute school service person shall acquire regular employment
status, but not regular employee job bidding rights or regular
seniority, if the employee receives a position pursuant to the
leave of absence or suspension provisions of subdivisions (2) and
(5), subsection (a), section fifteen of this article.
(1) A substitute service person shall accumulate substitute
employee seniority while holding a position acquired pursuant to
subsections (2) and (5).
(2) Upon termination of the regular service person's leave of
absence or suspension, the substitute service person shall return to the status previously held.
(3) County boards are not prohibited from providing any
benefits of regular employment for substitute service personnel,
but the benefits may not include regular service personnel employee
status or seniority.
(i) If two or more service personnel accumulate identical
seniority, the priority shall be determined by a random selection
system established by the service personnel and approved by the
county board.
(1) A board shall conduct the random selection within thirty
days of the time the service personnel establish an identical
seniority date. All service personnel with an identical seniority
date within the same class title or classification category shall
participate in the random selection.
(2) As long as the affected employees hold identical seniority
within the same classification category, the initial random
selection conducted by the board shall be permanent for the
duration of the employment within the same classification category
of the employees by the board. This random selection priority
applies to the filling of vacancies and to the reduction in force
of school service personnel.
(3) If any other service person subsequently acquires
seniority identical to the employees involved in the original
random selection, a second random selection shall be held within
thirty days to determine the seniority ranking of the new employee within the group.
(A) The priority between the employees who participated in the
original random selection remains the same.
(B) The second random selection is performed by placing
numbered pieces of paper equal to the number of employees with
identical seniority in a container. Any service person who was not
involved in the original random selection shall draw a number from
the container which will determine his or her seniority within the
group as a whole.
(C) This process will be repeated if any additional service
person subsequently acquires identical seniority.
(D) The same process shall be used if any additional service
person is subsequently discovered to have the same seniority as the
original group of employees but who did not participate in the
original random selection due to oversight or mistake.
(j) Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in the
same classification category of employment shall be given first
opportunity to fill the vacancy.
(k) Seniority acquired as a substitute service person and as
a regular service person shall be calculated separately and may not
be combined for any purpose. Seniority acquired within different
classification categories shall be calculated separately. If a
school service employee applies for a position outside of the
classification category he or she currently holds, and if the vacancy is not filled by an applicant within the classification
category of the vacancy, the applicant shall combine all regular
employment seniority acquired for the purpose of bidding on the
position.
(l) A school service person who holds a multiclassification
title accrues seniority in each classification category of
employment that the employee holds and is considered an employee of
each classification category contained within his or her
multiclassification title. A multiclassified service person is
subject to reduction in force in any category of employment
contained within his or her multiclassification title, based upon
the seniority accumulated within that category of employment. If
a multiclassified service person is subject to a reduction in force
in one classification category, the service person retains
employment in any of the other classification categories that he or
she holds within his or her multiclassification title. In that
case, the county board shall delete the appropriate classification
title or classification category from the contract of the
multiclassified employee.
(m) When applying to fill a vacancy outside the classification
categories held by a multiclassified service person, seniority
acquired simultaneously in different classification categories is
calculated as if accrued in one classification category only.
(n) The seniority conferred in this section applies
retroactively to all affected school service personnel, but the rights incidental to the seniority commence as of the effective
date of this section.
Upon the effective date of this section, no school service
personnel shall be permitted to become employed in more than one
regular full-day position, nor more than two one-half day positions
at the same time: Provided, That nothing herein shall be construed
to prohibit a school service personnel from holding an
extracurricular assignment or assignments, as provided in section
sixteen of this article, or summer positions, as provided in
section thirty-nine, article five, chapter eighteen of this code,
nor from performing extra-duty assignments, as provided in section
eight-b of this article, in addition to his or her regular
position.
Notwithstanding any other provisions of this code to the
contrary, if students are required to attend school in a county
other than the county of their residence as a result of an
intercounty transfer arrangement, then the following terms, rules
and procedures shall apply:
(a) For the purposes of this section, the following terms have
the following meanings:
(1) "Intercounty transfer arrangement" means those cases in
which students are required to attend school in a county other than
the county of their residence;
(2) "Receiving county" means the county, other than the county
of residence, where students are required to attend school; and
(3) "Sending county" means the county of residence of students
involved in intercounty transfer arrangements.
(b) The state board shall determine the number of professional
educator and school service personnel positions to be created in
facilities receiving students or in any facility affected by an
intercounty transfer arrangement. The state board shall prepare a
certified list of positions and shall provide the list to both the
sending and receiving counties involved in the intercounty transfer
arrangement.
(c) The state board shall prepare a certified list containingthe names and seniority of the professional educators and service
personnel in the sending county whose employment has been
terminated as a result of an intercounty transfer arrangement.
Those eligible to appear on the certified list shall be limited to
the following classifications of employees:
(1) Those persons whose positions were eliminated as a direct
result of an intercounty transfer arrangement and: (i) Who choose
not to exercise their right to displace another employee with
lesser seniority; or (ii) whose seniority is insufficient to allow
them to displace other employees; and
(2) Those persons, as determined by the state board, who would
have retained a position with the sending county if the intercounty
transfer arrangement had not occurred.
(d) The receiving county may not fill any position on the list
of positions created pursuant to the provisions of subsection (b)
of this section until the receiving county has received the list of
employees created pursuant to the provisions of subsection (c) of
this section. When the receiving county has been provided copies
of both the certified list of positions and the certified list of
employees, the receiving county shall begin filling the vacancies
by selecting employees from the certified list. In filling these
positions, the receiving county shall comply with all provisions of
law relevant to the filling of professional educator or service
personnel vacancies.
(e) For the remainder of the school year immediately followingthe effective date of an intercounty transfer arrangement, but in
no case less than six months, the receiving county may fill
positions on the certified list of positions only by selecting
employees from the certified list of employees.
(f) For the purposes of this section only, professional
educators and service personnel whose names appear on the certified
list of employees created pursuant to the provisions of subsection
(c) of this section and who are hired by the county board of the
receiving county shall accrue seniority in both the sending and the
receiving counties during the time in which they continue to be
employed by the county board of the receiving county.
(g) The state board shall promulgate legislative rules to
implement the provisions of this section pursuant to the provisions
of article three-b, chapter twenty-nine-a of this code. The rules
shall be filed with the office of the secretary of state no later
than the first day of October, one thousand nine hundred
ninety-seven.
Teachers and all other employees whose salaries or wages are
payable out of the school current fund shall be paid for their
services by orders duly signed by the president and secretary of
the board in accordance with the following provisions:
Notwithstanding any other provisions of this chapter and chapter
eighteen, the number of pays to be made during the school year to
the various classes of employees shall be determined by the board:
Provided, That the sum of such pays for any employee does not
exceed the equivalent of an annual salary based upon twelve
calendar months. In the event a teacher or other employee is not
paid the full salary or wage earned in the fiscal year in which the
work is performed, the unpaid amount may be paid during July and
August of the following fiscal year. Adjustments for time loss due
to absence may be made in the next paycheck following such time
loss.
The county board may withhold the pay of any teacher or
employee until he has made the reports required by the board or the
state superintendent.
Accompanying the pay of each employee shall be an accounting
of gross earnings, all withholdings and the dollar value of all
benefits provided by the state on behalf of the employee.
(1) At the beginning of the employment term, any full-time
employee of a county board is entitled annually to at least one and
one-half days personal leave for each employment month or major
fraction thereof in the employee's employment term. Unused leave
shall be accumulative without limitation and is transferable within
the state. A change in job assignment during the school year does
not affect the employee's rights or benefits.
(2) A regular full-time employee who is absent from assigned
duties due to accident, sickness, death in the immediate family, or
life threatening illness of the employee's spouse, parents or
child, or other cause authorized or approved by the board, shall be
paid the full salary from his or her regular budgeted salary
appropriation during the period which the employee is absent, but
not to exceed the total amount of leave to which the employee is
entitled.
(3) Each employee is permitted to use three days of leave
annually without regard to the cause for the absence. Personal
leave without cause may not be used on consecutive work days unless
authorized or approved by the employee's principal or immediate
supervisor, as appropriate. The employee shall give notice of
leave without cause to the principal or immediate supervisor at
least twenty-four hours in advance, except that in the case of sudden and unexpected circumstances, notice shall be given as soon
as reasonably practicable. The principal or immediate supervisor
may deny use of the day if, at the time notice is given, either
fifteen percent of the employees or three employees, whichever is
greater, under the supervision of the principal or immediate
supervisor, have previously given notice of their intention to use
that day for leave. Personal leave may not be used in connection
with a concerted work stoppage or strike. Where the cause for
leave originated prior to the beginning of the employment term, the
employee shall be paid for time lost after the start of the
employment term. If an employee uses personal leave which the
employee has not yet accumulated on a monthly basis and
subsequently leaves the employment, the employee is required to
reimburse the board for the salary or wages paid for the
unaccumulated leave.
(4) The State Board shall maintain a rule to restrict the
payment of personal leave benefits and the charging of personal
leave time used to an employee receiving a workers' compensation
benefit from a claim filed against and billed to the county board
by which the person is employed. If an employee is awarded this
benefit, the employee shall receive personal leave compensation
only to the extent the compensation is required, when added to the
workers' compensation benefit, to equal the amount of compensation
regularly paid the employee. If personal leave compensation equal
to the employee's regular pay is paid prior to the award of the workers' compensation benefit, the amount which, when added to the
benefit, is in excess of the employee's regular pay shall be
deducted from the employee's subsequent pay. The employee's
accrued personal leave days shall be charged only for such days as
equal the amount of personal leave compensation required to
compensate the employee at the employee's regular rate of pay.
(5) The county board may establish reasonable rules for
reporting and verification of absences for cause. If any error in
reporting absences occurs, the county board may make necessary
salary adjustments:
(A) In the next pay after the employee has returned to duty;
or
(B) In the final pay if the absence occurs during the last
month of the employment term.
(b) Leave Banks.
(1) Each county board shall establish a personal leave bank
that is available to all school personnel. The board may establish
joint or separate banks for professional personnel and school
service personnel. Each employee may contribute up to two days of
personal leave per school year. An employee may not be coerced or
compelled to contribute to a personal leave bank.
(2) The personal leave bank shall be established and operated
pursuant to a rule adopted by the county board. The rule:
(A) May limit the maximum number of days used by an employee;
(B) Shall limit the use of leave bank days to an active employee with fewer than five days accumulated personal leave who
is absent from work due to accident or illness of the employee; and
(C) Shall prohibit the use of days to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code.
(D) Shall require that each personal leave day contributed:
(i) Is deducted from the number of personal leave days to
which the donor employee is entitled by this section;
(ii) Is not deducted from the personal leave days without
cause to which a donor employee is entitled if sufficient general
personal leave days are otherwise available to the donor employee;
(iii) Is credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining
when the catastrophic medical emergency ends revert back to the
leave bank.
(3) The administration, subject to county board approval, may
use its discretion as to the need for a substitute where limited
absence may prevail, when an allowable absence does not:
(i) Directly affect the instruction of the students; or
(ii) Require a substitute employee because of the nature of
the work and the duration of the cause for the absence.
(4) If funds in any fiscal year, including transfers, are
insufficient to pay the full cost of substitutes for meeting the
provisions of this section, the remainder shall be paid on or
before the thirty-first day of August from the budget of the next
fiscal year.
(5) A county board may supplement the leave provisions in any
manner it considers advisable in accordance with applicable rules
of the State Board and the provisions of this chapter and chapter
eighteen of this code.
County boards of education are authorized to pay to their
employees or to defined groups thereof, for the purpose of reducing
absenteeism, a bonus at the end of an employment term for each
unused day of personal leave accumulated by the employee during
that employment term.
The Legislature recognizes that the nature of teaching
restricts the interaction of teachers in the classroom and their
opportunity to observe exemplary instructional techniques of their
colleagues. To facilitate a process for sharing successful
pedagogy, the state board, through regional educational service
agencies, shall develop a process to record and distribute
exemplary teaching techniques by any electronic means available.
The teachers at any school within a regional educational
service agency may nominate by consensus one teacher per year from
that school whose teaching techniques they believe to be exemplary.
Such nomination shall be completed no later than the first day of
January in any school year. Upon such nomination, the principal
shall arrange through the regional educational service agency for
the recording of that teacher's exemplary teaching techniques.
Following completion of such recording, the regional educational
service agency shall make arrangements and schedule a date and
location for those teachers whose teaching techniques were recorded
to review the teaching techniques recorded in the region and
determine which best demonstrate exemplary teaching techniques in
different subject areas. Teachers whose recorded teaching
techniques are selected shall receive a bonus equal to the highest
average two-day pay for a teacher in the region.
The state board shall compile the recorded teaching techniques
selected by the teachers, produce copies of the recording and
provide a method for distribution on a statewide and regional
basis.
(1) "Care giver" means any employee of a county board who:
(A) Is a spouse, child or parent of any employee who meets
the following qualifications:
(i) He or she is an employee of the same county board of
education as the care giver; and
(ii) He or she currently is eligible to receive benefits from
the personal leave bank established in section ten of this article;
or
(B) Is a parent of a dependent child who is suffering from a
catastrophic illness or injury;
(2) "Catastrophic illness or injury" means a medical or
physical condition that incapacitates a family member of the care
giver and results in the care giver being required to take time off
from work as defined by the rules of the board to care for the
family member.
(b) A county board of education may establish a personal
leave bank for care givers which is separate from any personal
leave bank as defined in section ten of this article. The personal
leave bank shall be operated pursuant to rules adopted by the
county board which shall include, but not be limited to, the
following:
(1) An employee may contribute no more than two days of
personal leave per school year;
(2) The bank shall be established either jointly or
separately for both professional personnel and school service
personnel and shall be available to all school personnel;
(3) The rules may limit the maximum number of days used by
a care giver;
(4) Where the care giver is caring for an absent employee as
defined in paragraph (A), subdivision (1), subsection (a) of this
section, the rules shall require that leave bank days be used only
by a care giver who is absent from work during the same time period
as the absent employee for whom care is being provided; and
(5) The rules shall require that the care giver is an active
employee with less than five days accumulated personal leave.
(c) The use of these days by the care giver for the extension
of insurance coverage pursuant to section twelve, article sixteen,
chapter five of this code is prohibited.
(d) Contributions shall reduce, to the extent of the
contribution, the number of personal leave days to which a
contributing employee is entitled by section ten of this article:
Provided, That the employee's contribution may not reduce the
number of entitled personal leave days without cause.
(e) No employee may be compelled to contribute to a personal
leave bank.
(1) "Surviving spouse" means an employee of a county board
whose spouse was also employed by the same county board at the time
of his or her death; and
(2) "Deceased spouse" means a person who, at the time of his
or her death, was employed by the same board of education as his or
her spouse.
(b) Beginning the first day of January, one thousand nine
hundred ninety-nine, a county board of education may credit a
surviving spouse with any or all personal leave days to which the
deceased spouse was entitled at the time of the death of the
deceased spouse.
(c) The provisions of this section only shall apply if all the
following conditions are met:
(1) Both spouses were employed by the same county board of
education at the time of the death of the deceased spouse;
(2) The deceased spouse had unused personal leave days which
he or she was entitled to use;
(3) The surviving spouse is an active employee with less than
five days accumulated personal leave;
(4) The death of the deceased spouse was by accident;
(5) It is determined by the county board, on evidence provided
by a licensed physician, that the surviving spouse is physically
disabled to work at the position held by the surviving spouse; and
(6) It is determined by the county board that the cause of the
disability to the surviving spouse arose from the same accident
that resulted in the death of the deceased spouse.
(d) The county board periodically shall review the status of
the surviving spouse and, upon a determination of the county board
that the surviving spouse is able to work at his or her assigned
position, any personal leave days credited to the surviving spouse
pursuant to the terms of this section shall be extinguished.
(e) Personal leave days credited to the surviving spouse
pursuant to this section may be used only for the purposes of this
section and may not be used for any other purpose, including, but
not limited to, the enhancement of retirement or health insurance
benefits.
For the purposes of this section and section ten of this
article, the following words have the meanings specified unless the
context clearly indicates a different meaning:
(1) "Catastrophic medical emergency" means a medical or
physical condition that:
(A) Incapacitates an employee or an immediate family member
for whom the employee will provide care;
(B) Is likely to require the prolonged absence of the employee
from duty; and
(C) Will result in a substantial loss of income to the
employee because the employee:
(i) Has exhausted all accrued personal leave; and
(ii) Is not eligible to receive personal leave or has
exhausted personal leave available from a leave bank established
pursuant to this article;
(2) "Employee" means a professional educator or school service
person who is employed by a county board and entitled to accrue
personal leave as a benefit of employment;
(3) "Donor employee" means a professional educator or school
service person employed by a county board who voluntarily
contributes personal leave to another designated employee; and
(4) "Receiving employee" means a professional educator or
school service person employed by a county board who receives donated personal leave from another employee.
(b) Leave donation program.
(1) In addition to any personal leave bank established
pursuant to this article, a county board shall establish a leave
donation program pursuant to which a donor employee may transfer
accrued personal leave to the personal leave account of another
designated employee.
(2) A county board:
(A) May not limit the number of personal leave days a donor
employee may transfer to a receiving employee who is his or her
spouse;
(B) May not limit the total number of personal leave days a
receiving employee receives; and
(C) May limit the number of days a donor employee transfers to
a receiving employee who is not his or her spouse.
(c) Rule.
(1) The county board shall adopt a rule to implement the
program.
(2) The rule shall set forth at least the following
conditions:
(A) The donor employee voluntarily agrees to the leave
transfer;
(B) The donor employee selects the employee designated to
receive the personal leave transferred; and
(C) The receiving employee requires additional personal leave because of a catastrophic medical emergency;
(D) The donated leave may not be used to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code;
(E) Each personal leave day contributed:
(i) Shall be deducted from the number of personal leave days
to which the donor employee is entitled by section ten of this
article;
(ii) Shall not be deducted from the number of personal leave
days without cause to which the donor employee is entitled if
sufficient general personal leave days are otherwise available to
the donor employee;
(iii) Shall be credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining
when the catastrophic medical emergency ends revert back to the
donor employee; and
(F) An employee may not be coerced or compelled to contribute
to a leave donation program.
A county board of education, the teachers retirement board,
the West Virginia board of education and the board of regents of
West Virginia and their agencies may provide by written agreement
between any such board or agency and any teacher or other
employee to reduce the cash salary payable to such teacher or
other employee, and, in consideration thereof, to pay an amount
equal to the amount of such reduction as premiums on an annuity
contract or payments on a custodial account or other investment
owned by such teacher or other employee, which annuity contract,
custodial account or other investment is in such form and upon
such terms as will qualify the payments thereon for tax deferment
under the United States Internal Revenue Code. The amount of
such reduction shall not exceed the amount excludable from income
under section 403(b) of the United States Internal Revenue Code,
and amendments and successor provisions thereto, and shall be
considered a part of the teacher's or employee's salary for all
purposes other than federal and state income tax.
The purchase of such tax deferred investment for a teacher
or other employee by a board of education, the teachers
retirement board, the West Virginia board of education and the
board of regents of West Virginia and their agencies shall impose
no liability nor responsibility whatsoever on said boards or members thereof except to show that the payments have been
remitted for the purposes for which deducted.
(1) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period of
time more than one-half the class periods of the regular school day
and every service personnel whose employment is for a period of
more than three and one-half hours per day and whose pay is at
least the amount indicated in the "state minimum pay scale" as set
forth in section eight-a of this article shall be provided a daily
lunch recess of not less than thirty consecutive minutes, and such
employee shall not be assigned any responsibilities during this
recess. Such recess shall be included in the number of hours
worked, and no county shall increase the number of hours to be
worked by an employee as a result of such employee being granted a
recess under the provisions of this section.
(2) Every teacher who is regularly employed for a period of
time more than one-half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils. Such planning period shall be the
length of the usual class period in the school to which such
teacher is assigned, and shall be not less than thirty minutes. No
teacher shall be assigned any responsibilities during this period,
and no county shall increase the number of hours to be worked by a
teacher as a result of such teacher being granted a planning period
subsequent to the adoption of this section (March 13, 1982).
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection,
including, but not limited to, assuming control of the class period
or supervision of students during the time the teacher is engaged
in the planning period. Substitute teachers may also be utilized
to assist with classroom responsibilities under this subsection:
Provided,
That any substitute teacher who is employed to teach a
minimum of two consecutive days in the same position shall be
granted a planning period pursuant to this section.
(3) Nothing in this section shall be construed to prevent any
teacher from exchanging his lunch recess or a planning period or
any service personnel from exchanging his lunch recess for any
compensation or benefit mutually agreed upon by the employee and
the county superintendent of schools or his agent: Provided,
That
a teacher and the superintendent or his agent may not agree to
terms which are different from those available to any other teacher
granted rights under this section within the individual school or
to terms which in any way discriminate among such teachers within
the individual school, and that service personnel granted rights
under this section and the superintendent or his agent may not
agree to terms which are different from those available to any
other service personnel within the same classification category
granted rights under this section within the individual school or
to terms which in any way discriminate among such service personnel
within the same classification category within the individual
school.
(1) The length of planning periods in different grade levels
and under different class period schedules;
(2) A comparison of the amount and difficulty of the subject
matter to be covered during the instructional day and the length of
the planning period in different grade levels and under different
class period schedules;
(3) An analysis of the appropriate use of planning period time
and actual practices; and
(4) An analysis of the cost to the state and the counties of
daily planning periods of different lengths and the potential for
savings through appropriate measures for standardization.
(b) The legislative oversight commission on education
accountability shall issue a report of its findings and
recommendations, together with any legislation necessary to
effectuate its recommendations, on or before the second day of
January, two thousand three. In making its findings and
recommendations, the commission shall:
(1) Consider measures for standardization in the length of planning periods for teachers in similar grade levels;
(2) Consider appropriate uses of any nonscheduled teacher time
which becomes available if the standardization of planning period
length results in planning periods which are less than the usual
class period at a school, including, but not limited to, mentoring,
tutoring, providing additional supervision, meetings and other
noninstructional activities; and
(3) Consider adjustments or restructuring of the requirements
for planning periods that do not result in any additional cost to
the state or counties.
(1) To fill the temporary absence of another service employee;
(2) To fill the position of a regular service person as
follows:
(A) If the regular service person requests a leave of absence
from the county board in writing and is granted the leave in
writing by the county board; or
(B) If the regular service person is on workers' compensation
and absent.
(C) If an absence pursuant to paragraph (A) or (B) of this
subdivision is to extend beyond thirty working days, the county
board shall post the position of the absent employee under the
procedures set forth in section eight-b of this article. If a
substitute service person is employed to fill the position of the
absent employee and is employed in the position for twenty or more
working days, the substitute service person:
(i) Acquires regular employment status with the exception of
regular employee job bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the regular employee returns to the position or ceases to be employed by the county board;
(D) If a regular or substitute employee fills a vacancy that
is related in any manner to a leave of absence or the absence of an
employee on workers' compensation as provided in this section, upon
termination of the absence the employee shall be returned to his or
her original position or status;
(E) A service person may not be:
(i) Required to request or to take a leave of absence; or
(ii) Deprived of any right or privilege of regular employment
status for refusal to request or failure to take a leave of
absence;
(3) To perform the service of a service person who is
authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position
caused by severance of employment by the resignation, transfer,
retirement, permanent disability, dismissal pursuant to section
eight, article two of this chapter, or death of the regular service
person who had been assigned to the position. Within twenty
working days from the commencement of the vacancy, the county board
shall fill the vacancy under the procedures set forth in section
eight-b of this article and section five, article two of this
chapter. The person hired to fill the vacancy shall have and be
accorded all rights, privileges and benefits pertaining to the
position;
(5) To fill the vacancy created by a regular employee's suspension.
(A) If the suspension is for more than thirty working days,
the county board shall post the position of the suspended employee
under the procedures set forth in section eight-b of this article.
(B) If a substitute service person is employed to fill the
suspended employee's position, the substitute service person:
(i) Acquires regular employment status with the exception of
regular employee job-bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the termination by the county
board becomes final or the suspended employee is returned to
employment.
(C) If the suspended employee is not returned to his or her
job, the county board shall fill the vacancy under the procedures
set forth in section eight-b of this article and section five,
article two of this chapter; and
(6) To fill temporarily a vacancy in a newly created position
prior to employing a service person on a regular basis pursuant to
section eight-b of this article.
(b) Service personnel substitutes shall be assigned in the
following manner:
(1) The substitute with the greatest length of service time in
the vacant category of employment has priority in accepting the
assignment throughout the period of the regular service person's absence or until the vacancy is filled on a regular basis pursuant
to section eight-b of this article. Length of service time is
calculated from the date a substitute service person begins
assigned duties as a substitute in a particular category of
employment.
(2) All service personnel substitutes are employed on a
rotating basis according to their lengths of service time until
each substitute has had an opportunity to perform similar
assignments.
(3) Any regular service person employed in the same building
or working station and the same classification category of
employment as the absent employee shall be given the first
opportunity to fill the position of the absent employee on a
rotating and seniority basis. In such case the regular service
person's position is filled by a substitute service person. A
regular service person assigned to fill the position of an absent
employee has the opportunity to hold that position throughout the
absence. For the purpose of this section only, all regularly
employed school bus operators are considered to be employed within
the same building or working station.
(c) The county board shall return a regular school service
person to the same position held prior to any approved leave of
absence or period of recovery from injury or illness. The school
service person:
(1) Retains all rights, privileges and benefits which had accrued at the time of the absence or accrued under any other
provision of law during the absence; and
(2) Has all rights, privileges and benefits generally accorded
school service personnel at the time of return to work.
(d) The salary of a substitute service person is determined:
(1) Based upon his or her years of employment as defined in
section eight of this article;
(2) As provided in the state minimum pay scale set forth in
section eight-a of this article; and
(3) In accordance with the salary schedule of persons
regularly employed in the same position in the county in which he
or she is employed.
(e) A substitute service person shall execute a written
contract with the county board pursuant to section five, article
two of this chapter, prior to beginning assigned duties.
(f) The following method shall be used to establish a fair,
equitable and uniform system for assigning service personnel
substitutes to their duties for the first time:
(1) The initial order of assigning newly-employed substitutes
is determined by a random selection system established by the
affected substitute employees and approved by the county board; and
(2) The initial order is effective only until the substitute
service personnel have begun their duties for the first time.
(g) A substitute service person who has worked thirty days for
a school system has all rights pertaining to suspension, dismissal and contract renewal as are granted to regular service personnel in
sections six, seven, eight and eight-a, article two of this
chapter.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in
each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the
employee and the board shall be in writing and signed by both
parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in this
section and shall not be conditioned upon the employee's acceptance or continuance of any extracurricular assignment proposed by the
superintendent, a designated representative, or the board.
(5) The board shall fill extracurricular school service
personnel assignments and vacancies in accordance with section
eight-b of this article: Provided, That an alternative procedure
for making extracurricular school service personnel assignments
within a particular classification category of employment may be
utilized 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.
(6) An employee who was employed in any service personnel
extracurricular assignment during the previous school year shall
have the option of retaining the assignment if it continues to
exist in any succeeding school year. A county board of education
may terminate any school service personnel extracurricular
assignment for lack of need pursuant to section seven, article two
of this chapter. If an extracurricular contract has been
terminated and is reestablished in any succeeding school year, it
shall be offered to the employee who held the assignment at the
time of its termination. If the employee declines the assignment,
the extracurricular assignment shall be posted and filled pursuant
to section eight-b of this article.
(b) Professional personnel employed by the department to
provide education services to residents in state department of
health and human resources facilities, corrections facilities
providing services to juvenile and youthful offenders, in the West
Virginia schools for the deaf and the blind or in public community
and technical colleges providing middle college services are
afforded all the rights, privileges and benefits established for
the professional personnel under this article, subject to the
following:
(1) The benefits apply only within the facility at which the
professional personnel are employed;
(2) The benefits exclude salaries unless explicitly provided
for under this or other sections of this article; and
(3) Seniority for the professional personnel is determined on
the basis of the length of time the employee has been
professionally employed at the facility, regardless of which state
agency was the actual employer.
(c) Professional personnel and service personnel employed by
the department of education to provide education and support
services to residents in state department of health and human
resources facilities, corrections facilities providing services to
juvenile and youthful offenders, the West Virginia schools for the
deaf and the blind and in public community and technical colleges providing middle college services are state employees.
(d) Additional seniority provisions. --
(1) Notwithstanding any other provision of this section to the
contrary, professional and service personnel employed in an
educational facility operated by the West Virginia department of
education accrue seniority at that facility on the basis of the
length of time the employee has been employed at the facility.
Professional and service personnel whose employment at the facility
was preceded immediately by employment with the county board
previously providing education services at the facility or whose
employment contract was with the county board previously providing
education services at the facility:
(A) Retains any seniority accrued during employment by the
county board;
(B) Accrues seniority as a regular employee with the county
board during employment at the facility;
(C) Attains continuing contract status in accordance with
section two, article two, chapter eighteen-a of this code with both
the county and the facility if the sum of the years employed by the
county and the facility equals the statutory number required for
continuing contract status; and
(D) Retains and continues to accrue county and facility
seniority in the event of reemployment by the county as a result of
direct transfer from the facility or recall from the preferred
list.
(2) Reductions in work force in the facility or employment by
the facility or county board are made in accordance with the
provisions of sections seven-a and eight-b of this chapter. Only
years of employment within the facility are considered for purposes
of reduction in force within the facility.
(3) The seniority conferred in this section applies
retroactively to all affected professional and service personnel,
but the rights incidental to the seniority commence on the
effective date of this section.
(4) Amendments made to this section during the 2009 regular
session of the Legislature do not abrogate any rights, privileges
or benefits bestowed under previous enactments of this section.
(b) Effective the first day of July, two thousand two, service
personnel employed by the department of education shall receive a
salary that is at least equal to the salary paid to comparable
personnel employed by the county board in the county in which their
principal place of employment is located. The department of
education shall establish a salary schedule that phases in the
necessary salary increases before the first day of July, two
thousand two.
Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section of
this code to the contrary, any alteration of an employment contract
of a professional educator which reduces or eliminates the local
salary supplement or the benefits provided to such employee due to
a 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 or elimination in accordance with section five-a of this
article, shall not require termination of said employment contract
as set forth in sections two and eight-a, article two of this
chapter, nor shall it be deemed a creation of a new position, nor
shall such alteration require the posting of the position.
(b) Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a service personnel employee who is employed for more than two hundred days, which alteration changes the number of days
in the employment term, shall not be deemed a creation of a new
position, nor shall such alteration require the posting of the
position.
Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a service personnel employee which reduces or
eliminates the local salary supplement or the benefits provided to
such employee due to a 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 or elimination in accordance with
section five-b of this article, shall not require termination of
said employment contract as set forth in sections six and eight-a,
article two of this chapter, nor shall it be deemed a creation of
a new position, nor shall such alteration require the posting of
the position.
(1) The teacher's position was eliminated as part of a
reduction in force by a West Virginia county school board;
(2) The teacher has secured employment for a West Virginia
county school board in another county;
(3) The teacher has moved his or her residence to the West
Virginia county in which he or she has gained employment or to an
adjacent county in West Virginia;
(4) The teacher is to be employed in a county where shortages
exist either in numbers of teachers or in subject matter areas as
determined by the state board; and
(5) As a result of the new employment, it would be impractical
for the teacher to maintain his or her previous residence.
(b) The reimbursement shall be for actual expenses and shall
not exceed two thousand five hundred dollars, subject to the
availability of funds.
(c) Each county board of education shall send the state board
by the first day of May, annually, a report that includes:
(1) The available teacher positions in the county;
(2) Any shortages in subject matter areas in the county; and
(3) The name of all teachers reduced in force: Provided, That
the teacher has permitted the county board to submit his or her
name.
(d) The state board shall compile a report including all
information submitted to the state board based on the reports
provided in subsection (c) of this section. The state board shall
send this report to each county board of education. Additionally,
the state board shall send a letter to all teachers reduced in
force. This letter shall identify all teacher positions available
in West Virginia and identify those counties where shortages exist
either in numbers of teachers or in subject matter areas.
(e) The state board shall promulgate a rule pursuant to the
provisions of article three-b, chapter twenty-nine-a of this code
that implements the provisions of this section. The rule shall
include, but is not limited to:
(1) Standards sufficient to define and measure the criteria
set forth in subsection (a) of this section; and
(2) A procedure for allocating the funds if the funds
appropriated are insufficient.
(f) Nothing in this section shall require any level of
appropriation by the Legislature.
(g) The state board shall report to the Legislature by the
first day of January of each year on the number of teachers being
reimbursed.
(h) This section shall expire on the first day of July, two
thousand five, unless continued by the Legislature.
Acts, 2011 Reg. Sess., Ch. 154.
Acts, 2011 Reg. Sess., Ch. 154.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
STATE MINIMUM SALARY SCHEDULE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(b) $600 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.
Years
4th
3rd
2nd
A.B.
M.A.
M.A.
M.A.
Doc-
Exp.
Class
Class
Class
A.B.
+15
M.A.
+15
+30
+45
torate
0
26,917
27,606
27,872
29,315
30,076
31,843
32,604
33,365
34,126
35,161
1
27,245
27,934
28,200
29,833
30,594
32,362
33,123
33,883
34,644
35,679
2
27,574
28,262
28,528
30,352
31,113
32,880
33,641
34,402
35,163
36,198
3
27,902
28,590
28,856
30,871
31,631
33,399
34,160
34,920
35,681
36,716
4
28,474
29,162
29,428
31,633
32,394
34,162
34,923
35,683
36,444
37,479
5
28,802
29,490
29,756
32,152
32,913
34,680
35,441
36,202
36,963
37,998
6
29,130
29,818
30,084
32,670
33,431
35,199
35,960
36,720
37,481
38,516
7
29,458
30,147
30,412
33,189
33,950
35,717
36,478
37,239
38,000
39,035
8
29,786
30,475
30,741
33,707
34,468
36,236
36,997
37,757
38,518
39,553
9
30,114
30,803
31,069
34,226
34,987
36,754
37,515
38,276
39,037
40,072
10
30,443
31,131
31,397
34,746
35,506
37,274
38,035
38,796
39,556
40,591
11
30,771
31,459
31,725
35,264
36,025
37,793
38,553
39,314
40,075
41,110
12
31,099
31,787
32,053
35,783
36,543
38,311
39,072
39,833
40,593
41,628
13
31,427
32,115
32,381
36,301
37,062
38,830
39,590
40,351
41,112
42,147
14
31,755
32,443
32,709
36,820
37,580
39,348
40,109
40,870
41,630
42,665
15
32,083
32,771
33,037
37,338
38,099
39,867
40,627
41,388
42,149
43,184
16
32,411
33,099
33,365
37,857
38,617
40,385
41,146
41,907
42,667
43,702
17
32,739
33,428
33,693
38,375
39,136
40,904
41,665
42,425
43,186
44,221
18
33,067
33,756
34,022
38,894
39,655
41,422
42,183
42,944
43,705
44,740
19
33,395
34,084
34,350
39,412
40,173
41,941
42,702
43,462
44,223
45,258
20
33,723
34,412
34,678
39,931
40,692
42,459
43,220
43,981
44,742
45,777
21
34,052
34,740
35,006
40,449
41,210
42,978
43,739
44,499
45,260
46,295
22
34,380
35,068
35,334
40,968
41,729
43,496
44,257
45,018
45,779
46,814
23
34,708
35,396
35,662
41,487
42,247
44,015
44,776
45,536
46,297
47,332
24
35,036
35,724
35,990
42,005
42,766
44,534
45,294
46,055
46,816
47,851
25
35,364
36,052
36,318
42,524
43,284
45,052
45,813
46,574
47,334
48,369
26
35,692
36,380
36,646
43,042
43,803
45,571
46,331
47,092
47,853
48,888
27
36,020
36,708
36,974
43,561
44,321
46,089
46,850
47,611
48,371
49,406
28
36,348
37,037
37,302
44,079
44,840
46,608
47,368
48,129
48,890
49,925
29
36,676
37,365
37,631
44,598
45,358
47,126
47,887
48,648
49,408
50,443
30
37,004
37,693
37,959
45,116
45,877
47,645
48,405
49,166
49,927
50,962
31
37,333
38,021
38,287
45,635
46,396
48,163
48,924
49,685
50,445
51,480
32
37,661
38,349
38,615
46,153
46,914
48,682
49,443
50,203
50,964
51,999
33
37,989
38,677
38,943
46,672
47,433
49,200
49,961
50,722
51,483
52,518
34
38,317
39,005
39,271
47,190
47,951
49,719
50,480
51,240
52,001
53,036
35
38,645
39,333
39,599
47,709
48,470
50,237
50,998
51,759
52,520
53,555
(a) The Legislature hereby finds and declares that the
rigorous standards and processes for certification by the National
Board for Professional Teaching Standards (NBPTS) helps to promote
the quality of teaching and learning. Therefore, classroom
teachers in the public schools of West Virginia should be
encouraged to achieve national board certification through a
reimbursement of expenses and an additional salary bonus which
reflects their additional certification, to be paid in accordance
with the provisions of this section.
(a) (1) The Legislature finds that achieving a nationally
recognized professional certification in speech-language pathology
or audiology involves a rigorous process of demonstrating both
knowledge and skills and results in highly trained and capable
employees. Individuals who attain national professional
certification by the American Speech-Language-Hearing Association
provide needed and essential services to the school students of
this state. Individuals should be encouraged to achieve and
maintain the national professional certification through
reimbursement of expenses and a salary bonus which reflects their
additional certification.
(a) In addition to any salary increments for principals and
assistant principals, in effect on the first day of January, two
thousand eight, 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 from state funds appropriated for the salary
increments.
Upon the change of the training classification of any
teacher, his salary shall be made to comply with requirements of
this article and of any county schedule, where such exist, based
upon his new classification and allowable years of experience.
Notwithstanding any other provision of this code to the
contrary, seniority for professional personnel as defined in
section one, article one, chapter eighteen-a of this code shall be
calculated pursuant to the provisions of section seven-a of this
article as well as the following: Provided, That any recalculation
of seniority of a professional personnel employee that may be
required in order to remain consistent with the provisions
contained herein shall be calculated retroactively, but shall not
be utilized for the purposes of reversing any decision that has
been made or grievance that has been filed prior to the effective
date of this section:
A county board shall hire professional educators for positions
in summer school programs in accordance with section thirty-nine,
article five, chapter eighteen of this code or section seven-a of
this article, as applicable, except that a professional educator
who is regularly employed by the county board on a full-time basis
shall be given employment preference over applicants who are not
regularly employed by the county board on a full-time basis.
(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 not be less than ten months. A month is
defined as twenty employment days. 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.
STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp.
Pay Grade
A
B
C
D
E
F
G
H
0
1,627
1,648
1,689
1,741
1,793
1,855
1,886
1,958
1
1,659
1,680
1,721
1,773
1,825
1,887
1,918
1,990
2
1,691
1,712
1,753
1,805
1,857
1,919
1,950
2,022
3
1,723
1,744
1,785
1,837
1,889
1,951
1,982
2,054
4
1,755
1,776
1,817
1,869
1,921
1,983
2,014
2,087
5
1,787
1,808
1,849
1,901
1,953
2,015
2,046
2,119
6
1,819
1,840
1,882
1,933
1,985
2,047
2,078
2,151
7
1,852
1,872
1,914
1,965
2,017
2,079
2,110
2,183
8
1,884
1,904
1,946
1,997
2,049
2,111
2,142
2,215
9
1,916
1,936
1,978
2,030
2,081
2,143
2,174
2,247
10
1,948
1,969
2,010
2,062
2,113
2,176
2,207
2,279
11
1,980
2,001
2,042
2,094
2,145
2,208
2,239
2,311
12
2,012
2,033
2,074
2,126
2,178
2,240
2,271
2,343
13
2,044
2,065
2,106
2,158
2,210
2,272
2,303
2,375
14
2,076
2,097
2,138
2,190
2,242
2,304
2,335
2,407
15
2,108
2,129
2,170
2,222
2,274
2,336
2,367
2,439
16
2,140
2,161
2,202
2,254
2,306
2,368
2,399
2,472
17
2,172
2,193
2,235
2,286
2,338
2,400
2,431
2,504
18
2,204
2,225
2,267
2,318
2,370
2,432
2,463
2,536
19
2,237
2,257
2,299
2,350
2,402
2,464
2,495
2,568
20
2,269
2,289
2,331
2,383
2,434
2,496
2,527
2,601
21
2,301
2,321
2,363
2,415
2,466
2,528
2,559
2,634
22
2,333
2,354
2,395
2,447
2,498
2,561
2,593
2,666
23
2,365
2,386
2,427
2,479
2,531
2,594
2,625
2,699
24
2,397
2,418
2,459
2,511
2,563
2,627
2,658
2,732
25
2,429
2,450
2,491
2,543
2,596
2,659
2,691
2,764
26
2,461
2,482
2,523
2,576
2,629
2,692
2,723
2,797
27
2,493
2,514
2,555
2,608
2,661
2,724
2,756
2,829
28
2,525
2,546
2,588
2,641
2,694
2,757
2,789
2,863
29
2,557
2,579
2,621
2,673
2,726
2,790
2,821
2,896
30
2,591
2,611
2,654
2,706
2,759
2,822
2,854
2,928
31
2,623
2,644
2,687
2,739
2,792
2,855
2,887
2,961
32
2,656
2,676
2,719
2,772
2,824
2,888
2,919
2,994
33
2,689
2,709
2,752
2,805
2,857
2,920
2,953
3,026
34
2,721
2,743
2,785
2,838
2,890
2,954
2,986
3,059
35
2,754
2,775
2,817
2,870
2,923
2,987
3,018
3,092
36
2,787
2,808
2,850
2,903
2,956
3,019
3,051
3,124
37
2,819
2,841
2,883
2,936
2,989
3,052
3,083
3,157
38
2,852
2,873
2,915
2,968
3,021
3,084
3,116
3,190
39
2,885
2,906
2,948
3,001
3,054
3,117
3,149
3,222
40
2,917
2,939
2,980
3,033
3,087
3,150
3,181
3,256
(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.
(a) Notwithstanding any provision of this article to the
contrary, when a majority of the classroom teachers or school
service personnel, who vote to do so, in accordance with procedures
established in this section, and who are employed by a county
board, the board shall give priority to classroom teachers or
school service personnel in any school or schools to be closed as
a result of a consolidation or merger when filling positions in the
new school created by consolidation or newly created positions in
existing schools as a result of the merger.
(a) Seniority accumulation for a regular school service
person:
(a) Personal Leave.
(a) For the purposes of this section:
(a) For the purposes of this section, the following terms have
the following meanings:
(a) Definitions.
Whenever a majority of the full-time instructional and
administrative employees of a county or state board of education,
or a majority of the full-time nonteaching employees of such
board shall indicate in writing to the board of education that it
has adopted a group plan or plans of insurance for life, health
and accident, hospitalization or surgery insurance, or death
benefit plan on a group basis, and such majority has selected a
licensed insurance company or companies duly licensed to do
business in this state to write or provide for any one or more of
such group insurance, or death benefit coverages, the board shall
make proper periodical premium deductions from the regular salary
of any such employee as specified in a written assignment
furnished it by each such employee subscribing thereto, and pay
the aggregate of such salary deductions over to the insurance
company or companies or voluntary association so selected. Only
those companies whose plan or plans receive the majority vote
shall have the privilege of such deductions.
For the purpose of this section, when an employee shall have
attained the age of eighteen years the said employee may be
eligible to participate in the defined group plans.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus.
(a) The legislative oversight commission on education
accountability shall conduct a study of the length of time within
the instructional day needed by teachers to plan. The commission
may conduct the study as a whole or may appoint a subcommittee to
conduct the study under its direction. The study shall include,
but is not limited to, an examination of the following issues:
(a) The county board shall employ and the county
superintendent, subject to the approval of the county board, shall
assign substitute service personnel on the basis of seniority to
perform any of the following duties:
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual agreement
of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular duties
shall mean, but not be limited to, any activities that occur at
times other than regularly scheduled working hours, which include
the instructing, coaching, chaperoning, escorting, providing
support services or caring for the needs of students, and which
occur on a regularly scheduled basis: Provided, That all school
service personnel assignments shall be considered extracurricular
assignments, except such assignments as are considered either
regular positions, as provided by section eight of this article, or
extra-duty assignments, as provided by section eight-b of this
article.
(a) The minimum salary scale for professional personnel and
service personnel employed by the state department of education to
provide education and support services to residents of state
department of health and human resources facilities, corrections
facilities providing services to juvenile and youthful offenders,
in the West Virginia schools for the deaf and the blind and in
public community and technical colleges providing middle college
services is the same as set forth in sections two, three and
eight-a of this article. Additionally, those personnel shall
receive the equivalent of salary supplements paid to professional
and service personnel employed by the county board in the county
wherein each facility is located, as set forth in sections five-a
and five-b of this article. Professional personnel and service
personnel in these facilities who earn advanced classification of
training after the effective date of this section shall be paid the
advanced salary from the date the classification of training is
earned. The professional personnel shall be certified, licensed or
trained, and shall meet other eligibility classifications as may be
required by the provisions of this chapter and by state board
regulations for comparable instructional personnel who are employed
by county boards. The professional personnel shall be paid at the
equivalent rate of pay of teachers as set forth in section two of
this article, but outside the public support plan, plus the
equivalent of the salary supplement paid to teachers employed by the county board in the county in which each facility is located,
as set forth in section five-a of this article.
(a) Personnel employed by the state department of education
who are required to hold a teaching certificate shall receive a
salary that is at least equal to the salary paid to comparable
professional personnel employed by the county board in the county
in which their office is located, minus the six hundred dollars
authorized pursuant to section two of this article for classroom
teachers with twenty years of experience.
(a) Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section of
this code to the contrary, any alteration of an employment contract
of a professional educator who is employed for more than two
hundred days, which alteration changes the number of days in the
employment term, shall not be deemed a creation of a new position,
nor shall such alteration require the posting of the position.
(a) From funds appropriated, the department of education may
pay the moving expenses for a teacher who meets the following
criteria:
A county board may not declare a position vacant and post a
job opening sooner than ten days following the death of an
individual employed in that position.
Repealed.
Repealed.
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