Senate Bill No. 558

(By Senator Plymale)

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[Introduced February 18, 2011; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §18A-4-5 of the Code of West Virginia, 1931, as amended, relating to changing the method for determining whether salary equity among the counties for professional educators and service personnel exists; and making the change effective July 1, 2013.

Be it enacted by the Legislature of West Virginia:

    That §18A-4-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§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 using the average of the professional educator salary schedules, degree classifications, B.A. Bachelor of Arts 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 using 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.

    For the school year beginning July 1, 1994, and thereafter, in the counties that jointly support a multicounty vocational school, salary equity funding shall be distributed to nonfiscal agent counties based on:

    (1) Calculating the amount of salary equity funding each nonfiscal agent county would receive for the employees for which it is charged in the public school support program, as provided in section four, article nine-a, chapter eighteen of this code, if this salary equity funding were distributed to nonfiscal agent counties; and

    (2) Deducting the salary equity funding to be received by the fiscal agent county in the public school support program for those employees for which the nonfiscal agent county is charged in the public school support program.

    (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 person shall receive a supplemental amount in addition to the amount from the state minimum salary schedules provided for in this article.

    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 and five, article nine-a, chapter eighteen of this code. Provided, That In making this division an adequate amount of state equity funds shall be reserved to finance the appropriate foundation allowances and staffing incentives provided for in article nine-a, chapter eighteen of this code.

    Pursuant to this section, each teacher and school service personnel person shall receive the amount that is the difference between their authorized state minimum salary and ninety-five percent of the maximum salary schedules prescribed in sections five-a and five-b of this article, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1 of the fiscal year immediately preceding that in which the salary equity appropriation is distributed. Provided, That The amount received pursuant to this section shall not be decreased as a result of any county supplement increase instituted after January 1, 1984, until the objective of salary equity is reached. Provided, however, That However, 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.

    NOTE: The purpose of this bill is to change the calculation for determining whether salary equity among the counties for professional educators and service personnel exists. The effective date for the change is July 1, 2013.

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