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Introduced Version House Bill 2128 History

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H. B. 2128

 

         (By Delegate Paxton)

         [Introduced January 11, 2012

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; referred to the

         Committee on Education.]

 

 

 

 

A BILL to amend and reenact §18A-4-8 and §18A-4-8b of the Code of West Virginia, 1931, as amended, all relating to itinerant status for school service personnel; and information to be included in a notice of job vacancy.

Be it enacted by the Legislature of West Virginia:

    That §18A-4-8 and §18A-4-8b of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8. Employment term and class titles of service personnel; definitions.

    (a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be less than ten months. A month is defined as twenty employment days. Provided, That The county board may contract with all or part of these service personnel for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.

    (b) Service personnel employed on a yearly or twelve-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable.

    (c) Service personnel employed in the same classification for more than the two hundred-day minimum employment term shall be paid for additional employment at a daily rate of not less than the daily rate paid for the two hundred-day minimum employment term.

    (d) 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 or has itinerant status is paid additional compensation.

    (1) A maintenance person is defined as 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.

    (4) 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 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 of education 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.

    (5) Any service person, who is assigned to a beginning and ending work site and travels at the expense of the Board of Education to other work sites during the daily schedule, shall not be considered to hold itinerant status.

    (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; and

    (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;

    (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 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;

    (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;

    (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.

§18A-4-8b. Seniority rights for school service personnel.

    (a) A county board shall make decisions affecting promotions and the filling of any service personnel positions of employment or jobs occurring throughout the school year that are to be performed by service personnel as provided in section eight of this article, on the basis of seniority, qualifications and evaluation of past service.

    (b) Qualifications means that the applicant holds a classification title in his or her category of employment as provided in this section and shall be 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 as defined in section eight of this article, that relates to the promotion or vacancy. 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. Applicants shall be considered in the following order:

    (1) Regularly employed service personnel;

    (2) Service personnel whose employment has been discontinued in accordance with this section;

    (3) Professional personnel who held temporary service personnel jobs or positions prior to June 9, 1982, and who apply only for these temporary jobs or positions;

    (4) Substitute service personnel; and

    (5) 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 is defined as 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 shall be 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.

    (e) For purposes of determining seniority under this section an 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 assignments" are defined as irregular jobs that occur 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 shall be made in the following manner:

    (A) A service person with the greatest length of service time in a particular category of employment shall be 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 such employees have had an opportunity to perform similar assignments. The cycle then shall be 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 established existing or newly created positions in conspicuous places for all school service personnel to observe for at least five working days.

    (1) Posting locations shall 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 category shall include the program or primary assignment of the position. Job 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. 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 established 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 any service person shall be 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, when a service person has been employed in one or more classifications, the seniority accrued in each previous classification is retained by the employee.

     (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 shall be 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 shall be employed in any other job classification which he or she previously held with the county board if there is a vacancy and shall retain any seniority accrued in the job classification or grade of classification.

    (k) Prior to August 1 after a reduction in force or transfer is approved:

    (1) If the county board in its sole and exclusive judgment determines that the reason for any particular reduction in force or transfer no longer exists, the board 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) Within five days of being notified, the affected employee shall notify the county board of his or her intent to return to the former position of employment or the right of restoration to the former position terminates:

    (3) The county board shall 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 shall be 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 shall be 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 list shall be recalled to any position openings by the county board within the classification(s) where he or she had previously been employed, or 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 shall 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 shall be accorded preferred recall status on July 1 of the succeeding school year if the he or she has not been reemployed as a regular employee.

    (s) A county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.

    (1) A service person denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactively to the date of the violation and shall be paid entirely from local funds.

    (2) The county board is liable to any party prevailing against the board for any court reporter costs including copies of transcripts.



    NOTE: The purpose of this bill is to establish itinerant status for school service personnel and provide for inclusion of certain information on a notice of job vacancy.


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

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