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Engrossed Version Senate Bill 1012 History

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sb1012 sub1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 1012

(By Senator Tomblin (Mr. President),

By Request of the Executive)

____________

[Originating in the Committee on Education;

reported May 18, 2010.]

____________



A BILL to amend and reenact §18-7A-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b; and to amend and reenact §18A-4-5a of said code, all relating to additional compensation for professional school personnel; establishing findings; requiring a salary supplement for teachers, principals and assistant principals employed in a school with a student population that is high poverty or high minority; requiring a salary supplement for classroom teachers who teach in a documented area of shortage in the areas of math and science and meet other requirements; defining terms; requiring a monetary incentive for meeting goals for student growth during the previous school year; requiring uniformity; authorizing additional monetary payments paid from local funds; excluding certain monetary compensation created by this legislation from inclusion for purposes of calculating retirement benefits; and requiring legislative rules.

Be it enacted by the Legislature of West Virginia:
     That §18-7A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto three new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b; and that §18A-4-5a of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-3. Definitions.
     As used in this article, unless the context clearly requires a different meaning:
     (1) "Accumulated contributions" means all deposits and all deductions from the gross salary of a contributor plus regular interest.
     (2) "Accumulated net benefit" means the aggregate amount of all benefits paid to or on behalf of a retired member.
     (3) "Actuarially equivalent" or "of equal actuarial value" means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, "actuarially equivalent" shall be computed using the mortality tables and interest rates required to comply with those requirements.
     (4) "Annuities" means the annual retirement payments for life granted beneficiaries in accordance with this article.
     (5) "Average final salary" means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided in this article, or if total service is less than fifteen years, the average annual salary for the period on which contributions were made: Provided, That salaries for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with section seven, article ten-d, chapter five of this code and Section 401(a)(17) of the Internal Revenue Code.
     (6) "Beneficiary" means the recipient of annuity payments made under the retirement system.
     (7) "Contributor" means a member of the retirement system who has an account in the teachers accumulation fund.
     (8) "Deposit" means a voluntary payment to his or her account by a member.
     (9) "Employer" means the agency of and within the state which has employed or employs a member.
     (10) "Employer error" means an omission, misrepresentation or violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Regulations or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. A deliberate act contrary to the provisions of this section by a participating public employer does not constitute employer error.
     (11) "Employment term" means employment for at least ten months, a month being defined as twenty employment days.
     (12) "Gross salary" means the fixed annual or periodic cash wages paid by a participating public employer to a member for performing duties for the participating public employer for which the member was hired. Gross salary also includes retroactive payments made to a member to correct a clerical error, or made pursuant to a court order or final order of an administrative agency charged with enforcing federal or state law pertaining to the member's rights to employment or wages, with all retroactive salary payments to be allocated to and considered paid in the periods in which the work was or would have been done. Gross salary does not include any monetary compensation received for meeting goals for student growth, as set forth in section two-c, section three-a, section three-b and section five-a, article four, chapter eighteen-a of this code, lump sum payments for bonuses, early retirement incentives, severance pay or any other fringe benefit of any kind including, but not limited to, transportation allowances, automobiles or automobile allowances, or lump sum payments for unused, accrued leave of any type or character.
     (13) "Internal Revenue Code" means the Internal Revenue Code of 1986, as it has been amended.
     (14) "Member" means any person who has accumulated contributions standing to his or her credit in the State Teachers Retirement System. A member shall remain a member until the benefits to which he or she is entitled under this article are paid or forfeited, or until cessation of membership pursuant to section thirteen of this article.
     (15) "Members of the administrative staff of the public schools" means deans of instruction, deans of men, deans of women, and financial and administrative secretaries.
     (16) "Members of the extension staff of the public schools" means every agricultural agent, boys' and girls' club agent and every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.
     (17) "New entrant" means a teacher who is not a present teacher.
     (18) "Nonteaching member" means any person, except a teacher member, who is regularly employed for full-time service by: (A) Any county board of education; (B) the State Board of Education; (C) the Higher Education Policy Commission; (D) the West Virginia Council for Community and Technical College Education; or (E) a governing board, as defined in section two, article one, chapter eighteen-b of this code: Provided, That any person whose employment with the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board commences on or after July 1, 1991, is not considered a nonteaching member.
     (19) "Plan year" means the twelve-month period commencing on July 1 and ending the following June 30 of any designated year.
     (20) "Present member" means a present teacher who is a member of the retirement system.
     (21) "Present teacher" means any person who was a teacher within the thirty-five years beginning July 1, 1934, and whose membership in the retirement system is currently active.
     (22) "Prior service" means all service as a teacher completed prior to July 1, 1941, and all service of a present member who was employed as a teacher, and did not contribute to a retirement account because he or she was legally ineligible for membership during the service.
     (23) "Public schools" means all publicly supported schools, including colleges and universities in this state.
     (24) "Refund beneficiary" means the estate of a deceased contributor or a person he or she has nominated as beneficiary of his or her contributions by written designation duly executed and filed with the retirement board.
     (25) "Refund interest" means interest compounded, according to the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7.
     (26) "Regular interest" means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7.
     (27) "Regularly employed for full-time service" means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay.
     (28) "Required beginning date" means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age seventy and one-half years; or (B) the calendar year in which the member retires or ceases covered employment under the system after having attained the age of seventy and one-half years.
     (29) "Retirement system" means the State Teachers Retirement System established by this article.
     (30) "Teacher member" means the following persons, if regularly employed for full-time service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher's certificate; (F) the executive director of the retirement board; (G) members of the research, extension, administrative or library staffs of the public schools; (H) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the State Superintendent performing services of an educational nature; (I) employees of the State Board of Education who are performing services of an educational nature; (J) any person employed in a nonteaching capacity by the state Board of Education, any county board of education, the State Department of Education or the State Teachers Retirement Board, if that person was formerly employed as a teacher in the public schools; (K) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections, the Division of Health or the Division of Human Services; (L) an employee of the State Board of School Finance, if that person was formerly employed as a teacher in the public schools; and (M) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code who elects to remain a member of the State Teachers Retirement System provided in this article.
     (31) "Total service" means all service as a teacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any.
     Age in excess of seventy years shall be considered to be seventy years.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2c. State minimum annual salary supplement for classroom teachers employed in high minority and high poverty areas; state minimum monetary incentive for classroom teachers based on student growth.

     (a) Findings. -- The Legislature finds and declares that:
     (1) Creating conditions for effective teaching and learning requires a collaborative and systemic approach that supports and develops educator talent to promote meaningful, evidence-based improvements across the educator career continuum. 
     (2) The state should encourage experienced and effective classroom teachers to teach in areas of high poverty or high minority.
     (3) The payment of an annual salary supplement to classroom teachers in areas of high poverty or high minority will attract experienced and effective classroom teachers to those areas and persuade experienced and effective classroom teachers to stay in those areas.
     (4) The payment of additional compensation to classroom teachers in areas of high poverty or high minority who teach in a documented statewide area of shortage in the areas of math and science will encourage teachers to teach in these areas.
     (5) The payment of a monetary incentive to classroom teachers based on student growth will encourage high-quality instruction and reward classroom teachers for performance.
     (b) High poverty and high minority annual salary supplements. --
     Effective July 1, 2011:
     (1) Subject to subdivisions (3) and (6) of this subsection, $2,000 shall be paid annually in equal monthly installments to each classroom teacher employed in a school with a student population that is high poverty or high minority.
     (2) Subject to subdivisions (3) and (6) of this subsection, $5,000 shall be paid annually in equal monthly installments to each classroom teacher who meets the following requirements:
     (A) The classroom teacher is teaching in a documented statewide area of shortage in the areas of math and science;
     (B) The classroom teacher is employed in a school with a student population that is high poverty or high minority; and
     (C) The classroom teacher is fully certified in the subject area being taught and no other coursework, program or experience is needed to complete full certification.
     (3) A lesser amount may be paid to each classroom teacher on a pro rata basis in accordance with subdivision (6) of this subsection.
     (4) A classroom teacher may not receive both salary supplements set forth in subdivision (1) and (2) of this subsection at the same time.
     (5) The salary supplements required by this subsection are in addition to any amounts prescribed in the applicable state minimum salary schedule.
     (6) The salary supplement required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The State Superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all salary supplements required under this subsection, each county's allocation for payment of the supplements shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all salary supplements required under this subsection. Notwithstanding any other provision of this subsection, the salary supplement requirements of this subsection are subject to legislative appropriation.
     (7) For the purposes of this subsection:
     (A) "High poverty" means a school which is ranked within the top twenty-five percent of the public schools in the state based on the percentage of students eligible for free and reduced price meals.
     (B) "High minority" means a school in which the student population consists of twenty percent or more noncaucasian students.
     (C) After a school is determined to have a student population that is high poverty or high minority, the school remains classified as such for one year beyond the year in which it is determined that it no longer meets the definition of a high poverty or high minority school.
     (c) Monetary incentive based on student growth. --
     
Effective July 1, 2011:
     (1) $1,000 shall be paid to each classroom teacher who meets goals for student growth during the previous school year: Provided, That a lesser amount may be paid to each classroom teacher on a pro rata basis in accordance with subdivision (4) of this subsection.
     (2) The state board shall establish the criteria for annually determining which classroom teachers, on an individual, group or school basis, have met goals for student growth during the previous school year as evidenced by multiple measures. By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code for this purpose. These criteria shall apply uniformly to all classroom teachers in the public schools. The rule shall define the area or areas of student growth and measures that support teaching and learning.
     (3) A classroom teacher shall receive his or her monetary incentive in a lump sum.
     (4) The monetary incentive required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The State Superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all monetary incentives required under this subsection, each county's allocation for payment of the incentives shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all monetary incentives required under this subsection. Notwithstanding any other provision of this subsection, the monetary incentive requirements of this subsection are subject to legislative appropriation.
     (d) Rules. -- By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-3a. State minimum annual salary supplement for principals and assistant principals in high minority and high poverty areas; state minimum monetary incentive for principals and assistant principals based on student growth.

     (a) Findings. -- The Legislature finds and declares that:
     (1) Creating conditions for effective teaching and learning requires a collaborative and systemic approach that supports and develops educator talent to promote meaningful, evidence-based improvements across the educator career continuum. 
     (2) The state should encourage experienced and effective principals and assistant principals to supervise schools in areas of high poverty or high minority.
     (3) The payment of an annual salary supplement to principals and assistant principals in areas of high poverty or high minority will attract experienced and effective personnel to those areas and persuade experienced and effective principals and assistant principals to stay in those areas.
     (4) The payment of a monetary incentive to principals and assistant principals based on student growth will encourage high- quality support and leadership and will reward principals and assistant principals for performance.
(b) High poverty and high minority salary supplements. --

     Effective July 1, 2011:
     (1) $1,000 shall be paid annually in equal monthly installments to each principal and assistant principal employed in a school with a student population that is high poverty or high minority: Provided, That a lesser amount may be paid to each classroom teacher on a pro rata basis in accordance with subdivision (3) of this subsection.
     (2) The salary supplement required by this subsection is in addition to the salary increments required by section three of this article and is in addition to any salary increments for principals and assistant principals paid from local funds.
     (3) Salary supplements required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The state superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all salary supplements required under this subsection, each county's allocation for payment of the supplements shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all salary supplements required under this subsection. Notwithstanding any other provision of this subsection, the salary supplement requirements of this subsection are subject to legislative appropriation.
     (4) The salary supplements required by this subsection are in addition to any amounts prescribed in the applicable state minimum salary schedule.
     (5) For the purposes of this subsection:
     (A) "High poverty" means a school which is ranked within the top twenty-five percent of the public schools in the state based on the percentage of students eligible for free and reduced price meals.
     (B) "High minority" means a school in which the student population consists of twenty percent or more noncaucasian students.
     (C) After a school is determined to have a student population that is high poverty or high minority, the school remains classified as such for one year beyond the year in which it is determined that it no longer meets the definition of a high poverty or high minority school.
     (c) Monetary incentive based on student growth. --
     
Effective July 1, 2011:
     (1) $1,000 shall be paid to each principal and assistant principal whose school meets goals for student growth during the previous school year: Provided, That a lesser amount may be paid to each principal and assistant principal on a pro rata basis in accordance with subparagraph (4) of this subsection.
     (2) The state board shall establish the criteria for annually determining which principals and assistant principals met goals for student growth during the previous school year as evidenced by multiple measures. By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code for this purpose. These criteria shall apply uniformly to all principals and assistant principals in the public schools. The rule shall define the area or areas of student growth and measures that support teaching and learning.
     (3) A principal or assistant principal shall receive his or her monetary incentive in a lump sum.
     (4) Monetary incentives required by this subsection shall be paid from funds appropriated to the West Virginia Department of Education or received by it from other sources specifically for this purpose. The state superintendent shall provide an estimate of the amount of the appropriation required to the Governor for inclusion in his or her proposed budget to the Legislature. If the amount of the appropriation is insufficient to provide payment of all monetary incentives required under this subsection, each county's allocation for payment of the incentives shall be reduced pro rata. The Legislature may appropriate additional amounts to provide payment of all monetary incentives required under this subsection. Notwithstanding any other provision of this subsection, the salary supplement requirements of this subsection are subject to legislative appropriation.
     (5) The monetary incentive required by this subsection is in addition to the salary increments required by section three of this article and is in addition to any salary increments for principals and assistant principals paid from local funds.
     (6) The monetary incentive required by this subsection shall not be included as gross salary in the calculation of average final salary for purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.
     (d) Rules. -- By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-3b. Additional monetary payments to principals and assistant principals paid from local funds.

     (a) County boards may provide additional monetary payments to principals and assistant principals, in addition to compensation provided in section three and three-a of this article, based upon any one or more of the following circumstances:
     (1) For principals and assistant principals placed in special supervisory assignments;
     (2) For principals and assistant principals employed in a school with a student population that is high poverty or high minority: Provided, That the payment may not be greater than the amount for high poverty and high minority salary supplements for principals and assistant principals authorized in section three-a of this article; or
     (3) For principals and assistant principals whose school meets goals for student growth during the previous school year as evidenced by multiple measures.
     (b) By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this section. The rule shall designate principals and assistant principals eligible for the amounts authorized by this section. For the purposes of subdivision (3), subsection (a) of this section, the rule shall establish eligibility based upon whether the school meets goals for student growth as evidenced by multiple measures. The rule shall define the area or areas of student growth and measures that support teaching and learning.
     (c) Additional monetary payments authorized by this section shall apply uniformly to principals and assistant principals throughout the county.
     (d) Any additional monetary payments for student growth authorized by this section shall not be included as gross salary in the calculation of average final salary for purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.
§18A-4-5a. County monetary supplements for teachers; additional monetary payments to teachers paid from local funds.

          
(a) County boards of education in fixing the salaries of teachers shall use at least the state minimum salaries established under the provisions of this article. The board may establish salary schedules which shall be in excess of the state minimums fixed by this article, such county schedules to be uniform throughout the county as to the classification of training, experience, responsibility and other requirements.
          (b) Counties may fix higher salaries for County boards may provide additional monetary payments to teachers based upon any one or more of the following circumstances:
__________
(1) For teachers placed in special instructional or supervisory assignments;
          (2) For classroom teachers placed in a documented area of shortage;
__________(3) For classroom teachers placed in a school with a student population that is high poverty or high minority:
Provided, That the payment may not be greater than the amount for high poverty or high minority salary supplements for classroom teachers authorized in section two-c of this article;
__________(4)
For those teachers assigned to or employed for duties other than regular instructional duties; and
          (5) For teachers of one-teacher schools; and they may provide additional compensation
          
(6) For any teacher assigned duties in addition to the teacher's regular instructional duties wherein such the noninstructional duties are not a part of the scheduled hours of the regular school day; or
__________
(7) For a classroom teacher who meets goals for student growth during the previous school year as evidenced by multiple measures.
__________
(c) Uniformity also shall apply to such the additional salary increments or compensation under this section for all persons performing like assignments and duties within the county. Provided, That
__________(d) Any monetary payment received for meeting goals for student growth during the previous school year shall not be included as gross salary in the calculation of average final salary for the purposes of calculating retirement benefits in article seven-a, chapter eighteen of this code.
__________(e)
In establishing such local salary schedules, no county shall reduce local funds allocated for salaries in effect on January 1, 1990, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction.
__________(f) Counties may provide, in a uniform manner, benefits for teachers which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the State Teachers Retirement System. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on January 1, 1984, by any county board of education.
          (g) By December 1, 2010, the state board shall propose legislative rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of subsection (b) of this section. The rule shall designate teachers eligible for the amounts authorized by this section. For the purposes of subdivision (7), subsection (b) of this section, the rule shall establish eligibility based upon whether individual teachers, groups of teachers or schools meet goals for student growth as evidenced by multiple measures. The rule shall define the area or areas of student growth and measures that support teaching and learning and shall apply uniformly to teachers throughout the county.
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