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Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 4  |  Section 2

1 - DEFINITIONS; LIMITATIONS OF CHA

2 - STATE BOARD OF EDUCATION

2A - ADOPTION OF TEXTBOOKS, INSTRUC

2B - AREA VOCATIONAL PROGRAM

2C - HARASSMENT, INTIMIDATION OR BU

2D - COMMUNITY EDUCATION

2E - HIGH QUALITY EDUCATIONAL PROGR

2F - INCENTIVES AND RESULTS BASED S

2G - SCHOOL LIBRARY MEDIA IMPROVEME

2H - PUBLIC NOTICE AND PARTICIPATIO

2I - STAFF DEVELOPMENT COUNCILS

2J - PUBLIC AND HIGHER EDUCATION UN

2K - THE DIABETES CARE PLAN ACT

3 - STATE SUPERINTENDENT OF SCHOOLS

4 - COUNTY SUPERINTENDENT OF SCHOOL
    18 - 4 - 1
    18 - 4 - 2
    18 - 4 - 3
    18 - 4 - 4
    18 - 4 - 5
    18 - 4 - 6
    18 - 4 - 7
    18 - 4 - 8
    18 - 4 - 9
    18 - 4 - 10
    18 - 4 - 11
    18 - 4 - 12
    18 A- 4 - 2
    18 A- 4 - 5

5 - COUNTY BOARD OF EDUCATION

5A - LOCAL SCHOOL INVOLVEMENT

5B - SCHOOL INNOVATION ZONES ACT

5C - COMMITTEE REORGANIZATION AND C

5D - West Virginia Feed to Achieve

6 - DRIVER EDUCATION

7 - ADULT LITERACY EDUCATION PROGRA

7A - STATE TEACHERS RETIREMENT SYST

7B - TEACHERS' DEFINED CONTRIBUTION

7C - MERGER OF TEACHERS' DEFINED CO

7D - VOLUNTARY TRANSFER FROM TEACHE

8 - COMPULSORY SCHOOL ATTENDANCE

8A - ATTENDANCE OF HOMELESS CHILDRE

9 - SCHOOL FINANCES

9A - PUBLIC SCHOOL SUPPORT

9B - STATE BOARD OF SCHOOL FINANCE

9C - STATE AID FOR CONSTRUCTION

9D - SCHOOL BUILDING AUTHORITY

9E - AIR QUALITY IN NEW SCHOOLS ACT

9F - SCHOOL ACCESS SAFETY ACT

10 - FEDERAL AID AND GIFTS FOR EDU

10A - REHABILITATION SERVICES

10B - VOCATIONAL REHABILITATION FA

10C - THE SOUTHERN REGIONAL EDUCAT

10D - COMPACT FOR EDUCATION

10E - INTERSTATE COMPACT ON QUALIF

10F - DISABLED PERSONS AND PUBLIC

10F - INTERSTATE COMPACT ON EDUCAT

10G - PROVIDING OF FOOD SERVICE IN

10H - ALBERT YANNI PROGRAMS OF EXC

10I - WEST VIRGINIA SUPPORTED EMPL

10J - BLIND PERSONS' LITERACY RIGH

10K - WEST VIRGINIA TRAUMATIC BRAI

10L - RON YOST PERSONAL ASSISTANCE

10M - WEST VIRGINIA INDEPENDENT LI

10N - INFORMATION TECHNOLOGY ACCES

10O - DISABILITY HISTORY WEEK

11 - WEST VIRGINIA UNIVERSITY

11A - REVENUE BONDS FOR UNIVERSITY

11B - REVENUE BONDS FOR UNIVERSITY

11C - WEST VIRGINIA UNIVERSITY HOS

11D - REVENUE BONDS FOR WEST VIRGI

11E - REVENUE BONDS FOR MARSHALL U

12 - STATE TEACHERS' COLLEGES

12A - REVENUE BONDS FOR MARSHALL U

12B - REVENUE BONDS FOR STATE INST

13 - West Virginia EDGE

13 - WEST VIRGINIA STATE COLLEGE

14 - BLUEFIELD STATE COLLEGE

15 - WEST VIRGINIA INSTITUTE OF TE

16 - ANTIHAZING LAW

17 - WEST VIRGINIA SCHOOLS FOR THE

18 - WEST VIRGINIA SCHOOL FOR THE

19 - EDUCATIONAL OPPORTUNITIES FOR

20 - EDUCATION OF EXCEPTIONAL CHIL

21 - SPECIAL COMMUNITY-BASED PILOT

21 - UNDERWOOD-SMITH TEACHER SCHOL

22 - HIGHER EDUCATION FULL-TIME FA

22A - EMINENT SCHOLARS ENDOWMENT T

22B - STATE SCHOLARSHIP PROGRAM

22C - STATE AID FOR STUDENTS ATTEN

22D - HIGHER EDUCATION STUDENT ASS

22E - DISTINGUISHED PROFESSORS END

23 - ADDITIONAL POWERS, DUTIES AND

24 - FEES AND OTHER MONEY COLLECTE

25 - TAX DEFERRED INVESTMENTS FOR

26 - WEST VIRGINIA BOARD OF REGENT

26A - STATE AUTISM TRAINING CENTER

26B - CLASSIFIED EMPLOYEE SALARY S

26C - INSTITUTE FOR PUBLIC AFFAIRS

26D - INSTITUTE FOR INTERNATIONAL

27 - WEST VIRGINIA EDUCATION LOAN

28 - PRIVATE, PAROCHIAL OR CHURCH

29 - GRIEVANCE PROCEDURE

30 - WEST VIRGINIA COLLEGE PREPAID

31 - RESEARCH AND DEVELOPMENT AGRE

32 - SEVERABILITY

WVC 18- CHAPTER 18. EDUCATION.
WVC 18 - 4 - ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

WVC 18 - 4 - 1 §18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be appointed by the board upon a majority vote of the members thereof to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have been appointed, each county superintendent shall be eligible for reappointment for additional terms of not less than one, nor more than four years.

(1) At the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons.

(2) The appointment of the county superintendent shall be made between January 1 and June 1 for a term beginning on July 1 following the appointment.

(b) In the event of a vacancy in the superintendent's position that results in an incomplete term, the board may appoint an interim county superintendent:

(1) To serve until the following July 1 if the vacancy occurs before March 1.

(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1, unless a superintendent is appointed sooner.

(c) If the superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the county board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the county board shall appoint an acting superintendent to serve until a majority of the members of the board determine that the incapacity no longer exists. An acting superintendent may not serve in that capacity for more than one year, nor later than the expiration date of the superintendent's term, whichever occurs sooner, unless he or she is reappointed by the county board.

(d) Immediately following the appointment of a county superintendent or an interim county superintendent, the president of the county board shall certify the appointment to the state superintendent. Immediately following the appointment of an acting county superintendent or a vote by a majority of the members of the county board that an incapacity no longer exists, the president of the county board shall certify the appointment, reappointment, or appointment termination of the acting superintendent to the state superintendent.

(e) During his or her term of appointment, the county superintendent shall be a state resident and shall reside in the county which he or she serves or in a contiguous county. The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.

WVC 18 - 4 - 2 §18-4-2. Qualifications; health certificate; disability; acting superintendent.
(a) Each county superintendent shall hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent, subject to the following:

(1) A superintendent who holds a first class permit may be appointed for one year only, and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent;

(2) Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and either has completed three successful years of teaching in public education or has the equivalent of three years of experience in management or supervision as defined by state board rule, after employment by the county board shall be granted a permanent administrative certificate and shall be a licensed county superintendent;

(3) The state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, to address those cases where a county board finds that course work needed by the county superintendent who holds a first class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit; and

(4) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.

(b) In addition to other requirements set forth in this section, a county superintendent shall meet the following health-related conditions of employment:

(1) Before entering upon the discharge of his or her duties, file with the president of the county board a certificate from a licensed physician certifying the following:

(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the director of the department of health, has been made within four months prior to the beginning of the term of the county superintendent; and

(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;

(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;

(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and

(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.

WVC 18 - 4 - 3 §18-4-3. Removal and suspension.
The board may remove the superintendent from office for official misconduct, insubordination, incompetence, neglect of duty, or immorality. The charges shall be stated in writing, and the superintendent shall be given an opportunity to be heard by the board upon not less than ten days' notice. The superintendent may be suspended by the board, with or without pay, pending final disposition of such charges.

WVC 18 - 4 - 4 §18-4-4. Compensation.
On or before June 1 of the year in which the superintendent is appointed, the board shall fix the annual salary of the superintendent for the period of appointment for the term beginning on the following July 1. The board shall pay the salary from the general current expense fund of the district.

WVC 18 - 4 - 5 §18-4-5. Payment of compensation.
The board shall pay the compensation of the superintendent monthly upon orders drawn in the same manner as other bills of the district.

WVC 18 - 4 - 6 §18-4-6. Evaluation of county superintendent.
(a) At least annually, the county board shall evaluate the performance of the county superintendent. The evaluation process to be used shall be one authorized by the state board. The West Virginia school board association shall maintain a catalog of evaluation instruments which comply with this section and shall make them available to county boards.

(b) At a minimum, the evaluation process shall require the county superintendent and county board to establish written goals or objectives for the county superintendent to accomplish within a given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools.

(c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance, personnel relations, curricular standards and programs and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment.

(d) The evaluation of a county superintendent shall occur in executive session. At the conclusion of the evaluation, the county board shall make available to the public a general statement about the evaluation process and the overall result. Additional information about the evaluation may be released only by mutual consent of the county superintendent and the county board. The county board may use the evaluation results to determine:

(1) Whether to extend the contract of the county superintendent;

(2) Whether to offer the county superintendent a new contract; and

(3) The level of compensation or benefits to offer the county superintendent in any new or extended contract.

WVC 18 - 4 - 7 §18-4-7. Office.
The board shall provide a suitable office within the county for use by the superintendent and the members of the board. The board shall supply the office with janitorial service and with the necessary equipment and supplies.

WVC 18 - 4 - 8 §18-4-8. Clerical assistants; monthly salary from maintenance fund.
The superintendent, with the consent of the board, may appoint clerical assistants necessary for efficient operation of his office. Their salaries shall be paid monthly by the board from the maintenance fund.

WVC 18 - 4 - 9 §18-4-9. Reimbursement for traveling expenses; voucher.
The board may reimburse the superintendent from the current expense fund for all reasonable and necessary travel expenses actually incurred in the performance of his official duties. But no allowance shall be made except upon sworn itemized statements.

WVC 18 - 4 - 10 §18-4-10. Duties of county superintendent.
The county superintendent shall:

(1) Act as the chief executive officer of the county board as may be delineated in his or her contract or other written agreement with the county board, and, under the direction of the state board, execute all its education policies;

(2) Nominate all personnel to be employed; in case the county board refuses to employ any or all of the persons nominated, the county superintendent shall nominate others and submit the same to the county board at a time the county board may direct. No person or persons shall be employed except on the nomination of the county superintendent;

(3) Assign, transfer, suspend or promote teachers and all other school employees of the district, subject only to the approval of the county board, and to recommend to the county board their dismissal pursuant to the provisions of this chapter;

(4) Report promptly to the county board in such manner as it directs whenever any school in the district appears to be failing to meet the standards for improving education established pursuant to section five, article two-e of this chapter;

(5) Close a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils;

(6) Certify all expenditures and monthly payrolls of teachers and employees;

(7) Serve as the secretary of the county board and attend all meetings of the county board or its committees, except when the tenure, salary or administration of the county superintendent is under consideration;

(8) Administer oaths and examine witnesses under oath in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;

(9) Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions;

(10) Exercise all other authority granted by this chapter or required by the county board or state board; and

(11) In case of emergency, act as the best interests of the school demand. An emergency, as contemplated in this section, is limited to an unforeseeable, catastrophic event including natural disaster or act of war and nothing in this section may be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of his or her emergency power except where such authority is specifically granted in the particular code section.

WVC 18 - 4 - 11 §18-4-11. Other powers and duties.
The county superintendent shall:

(1) Visit the schools as often as practicable; observe and make suggestions concerning the instruction and classroom management of the schools and their sanitary conditions;

(2) Report to the county board cases of incompetence, neglect of duty, immorality or misconduct in office of any teacher or employee;

(3) Recommend for condemnation buildings unfit for school use;

(4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the district;

(5) Report to the county board the progress and general condition of the schools;

(6) Make reports as required by the state superintendent. In case the county superintendent fails to report as required, the state superintendent may direct that the salary of the county superintendent be withheld until an acceptable report is received; and

(7) Perform all other duties prescribed in this chapter or required by the county board or the state board.

WVC 18 - 4 - 12 §18-4-12. Exception to §18-4-4.
Notwithstanding the provisions of section four of this article, the provisions of this article as of January first, one thousand nine hundred sixty-one, shall govern the meeting of the boards of education for purposes of fixing the annual salaries of superintendents for the fiscal year beginning July first, one thousand nine hundred sixty-one.

WVC 18 A- 4 - 2 §18A-4-2. State minimum salaries for teachers..
     (a) Effective July 1, 2007, through June 30, 2008, each teacher shall receive the amount prescribed in the 2007-08 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.

     Effective July 1, 2008, through June 30, 2011, each teacher shall receive the amount prescribed in the 2008-09 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.

     Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 2011-12 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.

2008-09 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years

Exp.

4th

Class

3rd

Class

2nd

Class

  A.B.

+15

  M.A.

+15

M.A.

+30

M.A.

+45

Doc- torate

        A.B.

  M.A.

       
0 25,651 26,311 26,575 27,827 28,588 30,355 31,116 31,877 32,638 33,673
1 25,979 26,639 26,903 28,345 29,106 30,874 31,635 32,395 33,156 34,191
2 26,308 26,967 27,231 28,864 29,625 31,392 32,153 32,914 33,675 34,710
3 26,636 27,295 27,559 29,383 30,143 31,911 32,672 33,432 34,193 35,228
4 27,208 27,867 28,131 30,145 30,906 32,674 33,435 34,195 34,956 35,991
5 27,536 28,195 28,459 30,664 31,425 33,192 33,953 34,714 35,475 36,510
6 27,864 28,523 28,787 31,182 31,943 33,711 34,472 35,232 35,993 37,028
7 28,192 28,852 29,115 31,701 32,462 34,229 34,990 35,751 36,512 37,547
8 28,520 29,180 29,444 32,219 32,980 34,748 35,509 36,269 37,030 38,065
9 28,848 29,508 29,772 32,738 33,499 35,266 36,027 36,788 37,549 38,584
10 29,177 29,836 30,100 33,258 34,018 35,786 36,547 37,308 38,068 39,103
11 29,505 30,164 30,428 33,776 34,537 36,305 37,065 37,826 38,587 39,622
12 29,833 30,492 30,756 34,295 35,055 36,823 37,584 38,345 39,105 40,140
13 30,161 30,820 31,084 34,813 35,574 37,342 38,102 38,863 39,624 40,659
14 30,489 31,148 31,412 35,332 36,092 37,860 38,621 39,382 40,142 41,177
15 30,817 31,476 31,740 35,850 36,611 38,379 39,139 39,900 40,661 41,696
16 31,145 31,804 32,068 36,369 37,129 38,897 39,658 40,419 41,179 42,214
17 31,473 32,133 32,396 36,887 37,648 39,416 40,177 40,937 41,698 42,733
18 31,801 32,461 32,725 37,406 38,167 39,934 40,695 41,456 42,217 43,252
19 32,129 32,789 33,053 37,924 38,685 40,453 41,214 41,974 42,735 43,770
20 32,457 33,117 33,381 38,443 39,204 40,971 41,732 42,493 43,254 44,289
21 32,786 33,445 33,709 38,961 39,722 41,490 42,251 43,011 43,772 44,807
22 33,114 33,773 34,037 39,480 40,241 42,008 42,769 43,530 44,291 45,326
23 33,442 34,101 34,365 39,999 40,759 42,527 43,288 44,048 44,809 45,844
24 33,770 34,429 34,693 40,517 41,278 43,046 43,806 44,567 45,328 46,363
25 34,098 34,757 35,021 41,036 41,796 43,564 44,325 45,086 45,846 46,881
26 34,426 35,085 35,349 41,554 42,315 44,083 44,843 45,604 46,365 47,400
27 34,754 35,413 35,677 42,073 42,833 44,601 45,362 46,123 46,883 47,918
28 35,082 35,742 36,005 42,591 43,352 45,120 45,880 46,641 47,402 48,437
29 35,410 36,070 36,334 43,110 43,870 45,638 46,399 47,160 47,920 48,955
30 35,738 36,398 36,662 43,628 44,389 46,157 46,917 47,678 48,439 49,474
31 36,067 36,726 36,990 44,147 44,908 46,675 47,436 48,197 48,957 49,992
32 36,395 37,054 37,318 44,665 45,426 47,194 47,955 48,715 49,476 50,511
33 36,723 37,382 37,646 45,184 45,945 47,712 48,473 49,234 49,995 51,030
34 37,051 37,710 37,974 45,702 46,463 48,231 48,992 49,752 50,513 51,548
35 37,379 38,038 38,302 46,221 46,982 48,749 49,510 50,271 51,032 52,067

2011-12 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
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
     (b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

WVC 18 A- 4 - 5 §18A-4-5. Salary equity among the counties; state salary supplement.
     (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 utilizing the average of the professional educator salary schedules, degree classifications B.A. through doctorate and the years of experience provided for in the most recent state minimum salary schedule for teachers, in effect in the five 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 for in the most recent state minimum pay scale pay grade for service personnel, in effect in the five counties offering the highest salary schedules compared to the lowest salary schedule in effect among the fifty-five counties. Effective July 1, 2013, for both professional educators and school service personnel, the differences shall be calculated as otherwise required by this subsection except that the ten counties offering the highest salary schedules shall be compared to the lowest salary schedule in effect among the fifty-five counties.

     (b) To assist the state in meeting its 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 a supplemental amount in addition to the amount from the state minimum salary schedules provided for in this article.

     (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.

     (d) Pursuant to this section, each teacher and school service personnel shall receive the amount indicated on the applicable State Equity Supplement Schedule or Pay Scale for 2010-11, maintained by the West Virginia Department of Education, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1, 1984: Provided, That effective July 1, 2011, the amounts indicated on the State Equity Supplement Pay Scale for service personnel is increased by $37 across-the-board.

     (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.

     (f) During its 2011 interim meetings, the Legislative Oversight Commission on Education Accountability shall conduct a study on whether a recommendation should be made to the Legislature for establishing the State Equity Supplement Schedule and the State Equity Supplement Pay Scale in statute.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§18 - 20 - 1 - (Amended Code)
SENATE BILL - 209
PASSED - Regular Session

SB209 ENR  (Uploaded - 03/25/2014)
Allowing special needs students to participate in graduation ceremonies
§18 - 21 - 2 - (Amended Code)
§18 - 21 - 4 - (Amended Code)
SENATE BILL - 253
PASSED - Regular Session

SB253 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth
§18 - 8 - 2 - (Amended Code)
HOUSE BILL - 4003
PASSED - Regular Session

HB4003 SUB ENR  (Uploaded - 03/25/2014)
Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies
§18 - 2 - 5 A - (Amended Code)
§18 - 2 - 13 - (Amended Code)
§18 - 2 - 17 - (Repealed Code)
§18 - 2 E- 5 B - (Repealed Code)
§18 - 2 E- 7 - (Amended Code)
§18 - 2 E- 8 B - (Repealed Code)
§18 - 2 G- 1 - (Repealed Code)
§18 - 2 G- 2 - (Repealed Code)
§18 - 2 G- 3 - (Repealed Code)
§18 - 5 - 15 E - (Repealed Code)
§18 - 5 - 38 - (Repealed Code)
§18 - 7 - 1 - (Repealed Code)
§18 - 7 - 2 - (Repealed Code)
§18 - 7 - 3 - (Repealed Code)
§18 - 8 - 1 A - (Amended Code)
§18 - 9 A- 6 B - (Repealed Code)
§18 - 9 A- 14 A - (Repealed Code)
§18 - 9 A- 19 - (Repealed Code)
§18 - 9 C- 1 - (Repealed Code)
§18 - 9 C- 2 - (Repealed Code)
§18 - 9 C- 3 - (Repealed Code)
§18 - 9 C- 4 - (Repealed Code)
§18 - 9 C- 5 - (Repealed Code)
§18 - 9 C- 6 - (Repealed Code)
§18 - 9 C- 7 - (Repealed Code)
§18 - 9 C- 8 - (Repealed Code)
HOUSE BILL - 4228
PASSED - Regular Session

HB4228 ENR SUB  (Uploaded - 03/25/2014)
Repealing or removing certain portions of education-related statutes that have expired
§18 - 2 - 16 - (Amended Code)
HOUSE BILL - 4270
PASSED - Regular Session

HB4270 SUB ENR  (Uploaded - 03/25/2014)
Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center
§18 - 9 - 2 - (Amended Code)
HOUSE BILL - 4302
PASSED - Regular Session

hb4302 ENR  (Uploaded - 03/25/2014)
Relating to elections for public school purposes
§18 - 2 - 5 H - (New Code)
HOUSE BILL - 4316
PASSED - Regular Session

hb4316 SUB ENR  (Uploaded - 03/25/2014)
Creating the student data accessability, transparency and accountability act
§18 - 7 A- 14 - (Amended Code)
§18 - 7 A- 17 - (Amended Code)
§18 - 7 A- 18 - (Amended Code)
§18 - 7 A- 18 A - (Amended Code)
HOUSE BILL - 4365
PASSED - Regular Session

hb4365 ENR  (Uploaded - 03/25/2014)
Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board
§18 - 6 - 1 - (Amended Code)
§18 - 6 - 2 - (Amended Code)
§18 - 6 - 4 - (Amended Code)
§18 - 6 - 5 - (Amended Code)
§18 - 6 - 8 - (Amended Code)
§18 - 6 - 9 - (Repealed Code)
§18 - 6 - 10 - (Repealed Code)
HOUSE BILL - 4373
PASSED - Regular Session

HB4373 ENR SUB  (Uploaded - 03/25/2014)
Relating to driver education programs
§18 - 20 - 1 C - (Amended Code)
HOUSE BILL - 4384
PASSED - Regular Session

HB4384 SUB ENR  (Uploaded - 03/25/2014)
Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan
§18 - 20 - 10 - (New Code)
HOUSE BILL - 4608
PASSED - Regular Session

HB4608 SUB ENR  (Uploaded - 03/25/2014)
Defining dyslexia and dyscalculia
§18 - 2 E- 10 - (Amended Code)
HOUSE BILL - 4618
PASSED - Regular Session

HB4618 ENR  (Uploaded - 03/25/2014)
Establishing transformative system of support for early literacy
§18 - 5 B- 3 - (Amended Code)
§18 - 5 B- 13 - (New Code)
HOUSE BILL - 4619
PASSED - Regular Session

HB4619 ENR  (Uploaded - 03/25/2014)
Authorizing innovation school districts
§18 - 9 A- 2 - (Amended Code)
§18 - 9 A- 2 A - (Repealed Code)
§18 - 9 A- 11 - (Amended Code)
SENATE BILL - 1009
PASSED - 1st Special Session

SB1009 ENR  (Uploaded - 03/26/2014)
Relating to computation of local share for public school support purposes
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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