(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise. "School personnel" is comprised of two categories: Professional personnel and service personnel;
(b) "Professional person" or "professional personnel" means those persons or employees who meet the certification requirements of the state, licensing requirements of the state, or both, and includes a professional educator and other professional employee;
(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code. Professional educators are classified as follows:
(1) "Classroom teacher" means a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity;
(2) "Principal" means a professional educator who functions as an agent of the county board and has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. The principal's major area of responsibility is the general supervision of all the schools and all school activities involving students, teachers and other school personnel;
(3) "Supervisor" means a professional educator who is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement. This category includes other appropriate titles or positions with duties that fit within this definition; and
(4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators who are charged with administering and supervising the whole or some assigned part of the total program of the countywide school system. This category includes other appropriate titles or positions with duties that fit within this definition;
(d) "Other professional employee" means a person from another profession who is properly licensed and who is employed to serve the public schools. This definition includes a registered professional nurse, licensed by the West Virginia Board of Examiners for Registered Professional Nurses, who is employed by a county board and has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service person" or "service personnel", whether singular or plural, means a nonteaching school employee who is not included in the meaning of "teacher" as defined in section one, article one, chapter eighteen of this code and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides. Any reference to "service employee" or "service employees" in this chapter or chapter eighteen of this code means service person or service personnel as defined in this section;
(f) "Principals Academy" or "academy" means the academy created pursuant to section two-b, article three-a of this chapter;
(g) "Center for Professional Development" means the center created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;
(i) "Prospective employable professional person", whether singular or plural, means a certified professional educator who:
(1) Has been recruited on a reserve list of a county board;
(2) Has been recruited at a job fair or as a result of contact made at a job fair;
(3) Has not obtained regular employee status through the job posting process provided in section seven-a, article four of this chapter; and
(4) Has obtained a baccalaureate degree from an accredited institution of higher education within the past year;
(j) "Dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself or another individual within that student's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense;
(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions; and
(l) "Long-term substitute" means a substitute employee who fills a vacant position:
That the county superintendent expects to extend for at least thirty consecutive days, and is either:
(A) Listed in the job posting as a long-term substitute position of over thirty days; or
(B) Listed in a job posting as a regular, full-time position and:
(i) Is not filled by a regular, full-time employee; and
(ii) Is filled by a substitute employee.
For the purposes of section two, article sixteen, chapter five of this code, long-term substitute does not include a retired employee hired to fill the vacant position.
(a) Before entering upon their duties, all teachers shall execute a contract with their county boards, which shall state the salary to be paid and shall be in the form prescribed by the state superintendent. Each contract shall be signed by the teacher and by the president and secretary of the county board and shall be filed, together with the certificate of the teacher, by the secretary of the office of the county board: Provided, That when necessary to facilitate the employment of employable professional personnel and prospective and recent graduates of teacher education programs who have not yet attained certification, the contract may be signed upon the condition that the certificate is issued to the employee prior to the beginning of the employment term in which the employee enters upon his or her duties.
(b) Each teacher's contract, under this section, shall be designated as a probationary or continuing contract. A probationary teacher's contract shall be for a term of not less than one nor more than three years, one of which shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter, if applicable. If, after three years of such employment, the teacher who holds a professional certificate, based on at least a bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into a new contract of employment, it shall be a continuing contract, subject to the following:
(1) Any teacher holding a valid certificate with less than a bachelor's degree who is employed in a county beyond the three-year probationary period shall upon qualifying for the professional certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and
(2) A teacher holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if the employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year.
(c) The continuing contract of any teacher shall remain in full force and effect except as modified by mutual consent of the school board and the teacher, unless and until terminated, subject to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county board on or before March 1 of the then current year, after written notice, served upon the teacher, return receipt requested, stating cause or causes and an opportunity to be heard at a meeting of the board prior to the board's action on the termination issue; or
(B) By written resignation of the teacher on or before March 1 to initiate termination of a continuing contract;
(2) The termination shall take effect at the close of the school year in which the contract is terminated;
(3) The contract may be terminated at any time by mutual consent of the school board and the teacher;
(4) This section does not affect the powers of the school board to suspend or dismiss a principal or teacher pursuant to section eight of this article;
(5) A continuing contract for any teacher holding a certificate valid for more than one year and in full force and effect during the school year 1984-1985 shall remain in full force and effect;
(6) A continuing contract does not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal for lack of need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to this subsection may not be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed upon a preferred list in the order of their length of service with that board. No teacher may be employed by the board until each qualified teacher upon the preferred list, in order, has been offered the opportunity for reemployment in a position for which he or she is qualified, not including a teacher who has accepted a teaching position elsewhere. The reemployment shall be upon a teacher's preexisting continuing contract and has the same effect as though the contract had been suspended during the time the teacher was not employed.
(d) In the assignment of position or duties of a teacher under a continuing contract, the board may provide for released time of a teacher for any special professional or governmental assignment without jeopardizing the contractual rights of the teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any professional educator while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from doing so by personal illness or other just cause or unless released from his or her contract by the board, or who violates any lawful provision of the contract, is disqualified to teach in any other public school in the state for a period of the next ensuing school year and the State Department of Education or board may hold all papers and credentials of the teacher on file for a period of one year for the violation: Provided, That marriage of a teacher is not considered a failure to fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article one of this chapter, who desires to resign employment with a county board or request a leave of absence, the resignation or leave of absence to become effective on or before July 15 of the same year and after completion of the employment term, may do so at any time during the school year by written notification of the resignation or leave of absence and any notification received by a county board shall automatically extend the teacher's public employee insurance coverage until August 31 of the same year.
(g) (1) A classroom teacher who gives written notice to the county board on or before January 15 of the school year of his or her retirement from employment with the board at the conclusion of the school year shall be paid $500 from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to appropriation by the Legislature. If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest. This payment shall not be counted as part of the final average salary for the purpose of calculating retirement.
(2) The position of a classroom teacher providing written notice of retirement pursuant to this subsection may be considered vacant and the county board may immediately post the position as an opening to be filled at the conclusion of the school year. If a teacher has been hired to fill the position of a retiring classroom teacher prior to the start of the next school year, the retiring classroom teacher is disqualified from continuing his or her employment in that position. However, the retiring classroom teacher may be permitted to continue his or her employment in that position and forfeit the early retirement notification payment if, after giving notice of retirement in accordance with this subsection, he or she becomes subject to a significant unforeseen financial hardship, including a hardship caused by the death or illness of an immediate family member or loss of employment of a spouse. Other significant unforeseen financial hardships shall be determined by the county superintendent on a case-by-case basis. This subsection does not prohibit a county school board from eliminating the position of a retiring classroom teacher.
(a) Any teacher who is returning from an approved leave of absence that extended for a period of one year or less shall be reemployed by the county board with the right to be restored to the same assignment of position or duties held prior to the approved leave of absence. Such teacher shall retain all seniority, rights and privileges which had accrued at the time of the approved leave of absence, and shall have all rights and privileges generally accorded teachers at the time of the reemployment.
(b) An employee shall notify the county board at least ten working days prior to beginning a leave of absence. The county board shall approve such leave of absence for any teacher or service personnel who requests an extended leave of absence without pay for any period of time not exceeding one year for the purpose of pregnancy, childbirth or adoptive or infant bonding. An employee shall not be required to use accumulated annual leave or sick leave prior to taking an extended leave of absence.
(c) Such employee who returns from an approved leave of absence for the purpose of pregnancy, childbirth or adoptive or infant bonding which lasted for a period of one year or less than one year shall be reemployed with the right to be restored to the same assignment of position or duties and benefits held prior to the approved leave of absence. Such employee shall retain all rights and privileges generally accorded employees at the time of the reemployment.
(b) Notwithstanding any other provision of this code to the contrary, a substitute teacher who has been assigned as a classroom teacher in the same classroom continuously for more than one half of a grading period and whose assignment remains in effect two weeks prior to the end of the grading period, shall remain in the assignment until the grading period has ended, unless the principal of the school certifies that the regularly employed teacher has communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been approved to return to work by his or her physician. For the purposes of this section, teacher and substitute teacher, in the singular or plural, mean professional educator as defined in section one, article one of this chapter.
(c) (1) The Legislature hereby finds and declares that due to a shortage of qualified substitute teachers, a compelling state interest exists in expanding the use of retired teachers to provide service as substitute teachers in areas of critical need and shortage. The Legislature further finds that diverse circumstances exist among the counties for the expanded use of retired teachers as substitutes. For the purposes of this subsection, "area of critical need and shortage" means an area of certification and training in which the number of available substitute teachers in the county who hold certification and training in that area and who are not retired is insufficient to meet the projected need for substitute teachers.
(2) A person receiving retirement benefits under the provisions of article seven-a of this chapter or who is entitled to retirement benefits during the fiscal year in which that person retired may accept employment as a substitute teacher for an unlimited number of days each fiscal year without affecting the monthly retirement benefit to which the retirant is otherwise entitled if the following conditions are satisfied:
(A) The county board adopts a policy recommended by the superintendent to address areas of critical need and shortage;
(B) The policy sets forth the areas of critical need and shortage in the county in accordance with the definition of area of critical need and shortage set forth in subdivision (1) of this subsection;
(C) The policy provides for the employment of retired teachers as substitute teachers during the school year on an expanded basis in areas of critical need and shortage as provided in this subsection;
(D) The policy provides that a retired teacher may be employed as a substitute teacher in an area of critical need and shortage on an expanded basis as provided in this subsection only when no other teacher who holds certification and training in the area and who is not retired is available and accepts the substitute assignment;
(E) The policy is effective for one school year only and is subject to annual renewal by the county board;
(F) The state board approves the policy and the use of retired teachers as substitute teachers on an expanded basis in areas of critical need and shortage as provided in this subsection; and
(G) Prior to employment of a substitute teacher beyond the post-retirement employment limitations established by the consolidated public retirement board, the superintendent of the affected county submits to the Consolidated Public Retirement Board, in a form approved by the retirement board, an affidavit signed by the superintendent stating the name of the county, the fact that the county has adopted a policy to employ retired teachers as substitutes to address areas of critical need and shortage and the name or names of the person or persons to be employed pursuant to the policy.
(3) Any person who retires and begins work as a substitute teacher within the same employment term shall lose those retirement benefits attributed to the annuity reserve, effective from the first day of employment as a retiree substitute in that employment term and ending with the month following the date the retiree ceases to perform service as a substitute.
(4) Retired teachers employed to perform expanded substitute service pursuant to this subsection are considered day-to-day, temporary, part-time employees. The substitutes are not eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.
(5) When a retired teacher is employed as a substitute to fill a vacant position, the county board shall continue to post the vacant position until it is filled with a regularly employed teacher.
(6) Until this subsection is expired pursuant to subdivision (7) of this subsection, the state board, annually, shall report to the Joint Committee on Government and Finance prior to the first day of February of each year. Additionally, a copy shall be provided to the Legislative Oversight Commission on Education Accountability. The report shall contain information indicating the effectiveness of the provisions of this subsection on expanding the use of retired substitute teachers to address areas of critical need and shortage.
(7) The provisions of this subsection shall expire on the thirtieth day of June, two thousand ten.
(d) (1) Notwithstanding any other provision of this code to the contrary, each year a county superintendent may employ prospective employable professional personnel on a reserve list at the county level subject to the following conditions:
(A) The county board adopts a policy to address areas of critical need and shortage as identified by the state board. The policy shall include authorization to employ prospective employable professional personnel;
(B) The county board posts a notice of the areas of critical need and shortage in the county in a conspicuous place in each school for at least ten working days; and
(C) There are not any potentially qualified applicants available and willing to fill the position.
(2) Prospective employable professional personnel may only be employed from candidates at a job fair who have or will graduate from college in the current school year or whose employment contract with a county board has or will be terminated due to a reduction in force in the current fiscal year.
(3) Prospective employable professional personnel employed are limited to three full-time prospective employable professional personnel per one hundred professional personnel employed in a county or twenty-five full-time prospective employable professional personnel in a county, whichever is less.
(4) Prospective employable professional personnel shall be granted benefits at a cost to the county board and as a condition of the employment contract as approved by the county board.
(5) Regular employment status for prospective employable professional personnel may be obtained only in accordance with the provisions of section seven-a, article four of this chapter.
(e) The state board annually shall review the status of employing personnel under the provisions of subsection (d) of this section and annually shall report to the Legislative Oversight Commission on Education Accountability on or before the first day of November of each year. The report shall include, but not be limited to, the following:
(A) The counties that participated in the program;
(B) The number of personnel hired;
(C) The teaching fields in which personnel were hired;
(D) The venue from which personnel were employed;
(E) The place of residency of the individual hired; and
(F) The state board's recommendations on the prospective employable professional personnel program.
It is unlawful for any county board of education to require any employee or applicant who becomes an employee of the board to pay the cost of acquiring a commercial driver's license as a condition of employment.
(b) The Division of Motor Vehicles shall accept the West Virginia Department of Education physical and psychomotor test result forms in lieu of the Division of Motor Vehicles vision report form.
(c) A school bus operator who is currently employed by a county board of education or who is otherwise subject to state board rules governing school bus operators and who is diagnosed with diabetes mellitus requiring insulin is not ineligible for employment as a school bus operator because of the diagnosis if the operator is issued a passenger endorsement for his or her commercial driver license through the intrastate waiver program pertaining to diabetes of the West Virginia Division of Motor Vehicles, subject to the following:
(1) A copy of the information required to be submitted to the Division of Motor Vehicles for waiver application and proof of passenger endorsement under the waiver program is submitted to his or her employer; and
(2) The operator remains in compliance with the stipulations of and grounds for eligibility for the intrastate waiver.
(d) If a county board of education requires of any employee who is employed as an electrician any license renewal when the employee is exempt from renewing the license pursuant to section three, article three-b, chapter twenty-nine of this code, the cost of such license renewal shall be paid in full by the county board of education.
(e) Compliance with or failure to comply by a health care provider licensed and authorized pursuant to chapter thirty of this code, with the reporting requirements of the Division of Motor Vehicles regarding the provisions of subsection (c) of this section does not constitute negligence, nor may compliance or noncompliance with the requirements of this section be admissible as evidence of negligence in any civil or criminal action.
The board is authorized to employ such service personnel, including substitutes, as is deemed necessary for meeting the needs of the county school system: Provided, That the board may not employ a number of such personnel whose minimum monthly salary under section eight-a, article four, of this chapter is specified as pay grade "H", which number exceeds the number employed by the board on the first day of March, one thousand nine hundred eighty-eight.
Effective the first day of July, one thousand nine hundred eighty-eight, a county board shall not employ for the first time any person who has not obtained a high school diploma or general educational development certificate (GED) or who is not enrolled in an approved adult education course by the date of employment in preparation for obtaining a GED: Provided, That such employment is contingent upon continued enrollment or successful completion of the GED program.
Before entering upon their duties service personnel shall execute with the board a written contract which shall be in the following form:
"COUNTY BOARD OF EDUCATION
SERVICE PERSONNEL CONTRACT OF EMPLOYMENT
THIS (Probationary or Continuing) CONTRACT OF EMPLOYMENT, made
and entered into this _________ day of _____________, 19____, by
and between THE BOARD OF EDUCATION OF THE COUNTY OF_______________, a corporation, hereinafter called the 'Board,' and
(Name and Social Security Number of Employee), of (Mailing
Address), hereinafter called the 'Employee.'
WITNESSETH, that whereas, at a lawful meeting of the Board of Education of the County of ___________ held at the offices of said Board, in the City of _____________________, ________________ County, West Virginia, on the ______ day of ___________________, 19____, the Employee was duly hired and appointed for employment as a (Job Classification) at (Place of Assignment) for the school year commencing __________ for the employment term and at the salary and upon the terms hereinafter set out.
NOW, THEREFORE, pursuant to said employment, Board and Employee mutually agree as follows:
(1) The Employee is employed by the Board as a (Job Classification) at (Place of Assignment) for the school year or remaining part thereof commencing _____________, 19_____. The period of employment is _______ days at an annual salary of $_______ at the rate of $________ per month.
(2) The Board hereby certifies that the Employee's employment has been duly approved by the Board and will be a matter of the Board's minute records.
(3) The services to be performed by the Employee shall be such services as are prescribed for the job classification set out above in paragraph (1) and as defined in Section 8, Article 4, Chapter 18A of the Code of West Virginia, as amended.
(4) The Employee may be dismissed at any time for immorality, incompetency, cruelty, insubordination, intemperance or willful neglect of duty pursuant to the provisions of Section 8, Article 2, Chapter 18A of the Code of West Virginia, as amended.
(5) The Superintendent of the ____________ County Board of Education, subject to the approval of the Board, may transfer and assign the Employee in the manner provided by Section 7, Article 2, Chapter 18A of the Code of West Virginia, as amended.
(6) This contract shall at all times be subject to any and all existing laws, or such laws as may hereafter be lawfully enacted, and such laws shall be a part of this contract.
(7) This contract may be terminated or modified at any time by the mutual consent of the Board and the Employee.
(8) This contract must be signed and returned to the Board at its address of __________________________________ within thirty days after being received by the Employee.
(9) By signing this contract the Employee accepts employment upon the terms herein set out.
WITNESS the following signatures as of the day, month and year first above written:
_____________, (President, ______ County Board of Education) _____________, (Secretary, ______ County Board of Education) _____________, (Employee)"
The use of this form shall not be interpreted to authorize boards to discontinue any employee's contract status with the boardor rescind any rights, privileges or benefits held under contract or otherwise by any employee prior to the effective date of this section.
Each contract of employment shall be designated as a probationary or continuing contract. The employment of service personnel shall be made a matter of minute record. The employee shall return the contract of employment to the county board of education within thirty days after receipt or otherwise he shall forfeit his right to employment.
Under such regulation and policy as may be established by the county board, service personnel selected and trained for teacher-aide classifications, such as monitor aide, clerical aide, classroom aide and general aide, shall work under the direction of the principal and teachers to whom assigned.
After three years of acceptable employment, each service personnel employee who enters into a new contract of employment with the board shall be granted continuing contract status: Provided, That a service personnel employee holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if such employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year. The continuing contract of any such employee shall remain in full force and effect except as modified by mutual consent of the school board and the employee, unless and until terminated with written notice, stating cause or causes, to the employee, by a majority vote of the full membership of the board before March 1 of the then current year, or by written resignation of the employee on or before that date. The affected employee has the right of a hearing before the board, if requested, before final action is taken by the board upon the termination of such employment.
Those employees who have completed three years of acceptable
employment as of the effective date of this legislation shall be
granted continuing contract status.
(a) The superintendent, subject only to approval of the board, may assign, transfer, promote, demote or suspend school personnel and recommend their dismissal pursuant to provisions of this chapter. However, an employee shall be notified in writing by the superintendent on or before March 1 if he or she is being considered for transfer or to be transferred. Only those employees whose consideration for transfer or intended transfer is based upon known or expected circumstances which will require the transfer of employees shall be considered for transfer or intended for transfer and the notification shall be limited to only those employees. Any teacher or employee who desires to protest the proposed transfer may request in writing a statement of the reasons for the proposed transfer. The statement of reasons shall be delivered to the teacher or employee within ten days of the receipt of the request. Within ten days of the receipt of the statement of the reasons, the teacher or employee may make written demand upon the superintendent for a hearing on the proposed transfer before the county board of education. The hearing on the proposed transfer shall be held on or before April 15. At the hearing, the reasons for the proposed transfer must be shown.
(b) The superintendent at a meeting of the board on or before April 15 shall furnish in writing to the board a list of teachers and other employees to be considered for transfer and subsequent assignment for the next ensuing school year. An employee who was not provided notice and an opportunity for a hearing pursuant to subsection (a) of this section may not be included on the list. All other teachers and employees not so listed shall be considered as reassigned to the positions or jobs held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record of the meeting and all those so listed shall be notified in writing, which notice shall be delivered in writing, by certified mail, return receipt requested, to the persons' last known addresses within ten days following the board meeting, of their having been so recommended for transfer and subsequent assignment and the reasons therefor.
(c) The superintendent's authority to suspend school personnel shall be temporary only pending a hearing upon charges filed by the superintendent with the board of education and the period of suspension may not exceed thirty days unless extended by order of the board.
(d) The provisions of this section respecting hearing upon
notice of transfer is not applicable in emergency situations where
the school building becomes damaged or destroyed through an
unforeseeable act and which act necessitates a transfer of the
school personnel because of the aforementioned condition of the
building.
(b) A charge of unsatisfactory performance shall not be made except as the result of an employee performance evaluation pursuant to section twelve of this article. The charges shall be stated in writing served upon the employee within two days of presentation of the charges to the board.
(c) The affected employee shall be given an opportunity, within five days of receiving the written notice, to request, in writing, a level three hearing and appeals pursuant to the provisions of article two, chapter six-c of this code, except that dismissal for the conviction of a felony or guilty plea or plea of nolo contendere to a felony charge is not by itself a grounds for a grievance proceeding. An employee charged with the commission of a felony may be reassigned to duties which do not involve direct interaction with pupils pending final disposition of the charges.
The superintendent at a meeting of the board on or before April 15 of each year shall provide in writing to the board a list of all probationary teachers that he or she recommends to be rehired for the next ensuing school year. The board shall act upon the superintendent's recommendations at that meeting in accordance with section one of this article. The board at this same meeting shall also act upon the retention of other probationary employees as provided in sections two and five of this article. Any such probationary teacher or other probationary employee who is not rehired by the board at that meeting shall be notified in writing, by certified mail, return receipt requested, to such persons' last known addresses within ten days following said board meeting, of their not having been rehired or not having been recommended for rehiring.
Any probationary teacher who receives notice that he or she
has not been recommended for rehiring or other probationary
employee who has not been reemployed may within ten days after
receiving the written notice request a statement of the reasons for
not having been rehired and may request a hearing before the board.
The hearing shall be held at the next regularly scheduled board of
education meeting or a special meeting of the board called within
thirty days of the request for hearing. At the hearing, the
reasons for the nonrehiring must be shown.
Upon the recommendation of the county superintendent of schools, the county board of education shall employ and assign, through written contract, public school principals who shall supervise the management and the operation of the school or schools to which they are assigned. Such principals shall hold valid administrative certificates appropriate for their assignments.
Beginning on the first day of July, one thousand nine hundred ninety-four, the prerequisites for issuance of an administrative certificate for principals shall include that the person has successfully completed at least six credit hours of approved course work in public school management techniques at an accredited institution of higher education and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training in evaluation skills approved by the state board.
Under the supervision of the superintendent and in accordance with the rules and regulations of the county board of education, the principal shall assume administrative and instructional supervisory responsibility for the planning, management, operation and evaluation of the total educational program of the school or schools to which he is assigned.
The principal may submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such recommendation shall be submitted in writing as prescribed by the superintendent.
The principal shall perform such other duties as may be assigned by the superintendent pursuant to the rules and regulations of the county board of education.
Upon recommendation of the county superintendent of schools, the county board of education shall, when needed, employ and assign, through written contract, assistant principals who shall work under the direction of the school principal. Such assistant principals shall hold valid administrative certificates appropriate for their assignments.
On or before the first day of July, one thousand nine hundred eighty-nine and continuing thereafter, each county board of education shall assign a certificated principal to each school and no principal may be assigned more than two schools: Provided, That where enrollment exceeds four hundred students there will be no additional schools assigned to that principal.
No principal assigned to more than one school may be assigned any teaching duties except on a temporary emergency basis. No county shall have more teaching principalships or multi-school principalships than was present on the first day of January, one thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine hundred ninety-three and continuing thereafter, each county board of education shall employ a full-time supervising principal at each school whose net enrollment equals or exceeds one hundred seventy students. A principal assigned to a school with a net enrollment equal to or greater than one hundred seventy students may not be assigned any teaching duties except on a temporary emergency basis. When a principal is assigned on a full-time basis to a school whose net enrollment is more than seventy-five students but less than one hundred seventy students, such principal shall have a minimum of twenty hours per week for nonteaching duties. A principal assigned on a full-time basis to a school with seventy-five students or less shall have a minimum of ten hours per week for nonteaching duties: Provided, That nothing in this section prohibits a county board of education from assigning a full-time supervising principal to a school with a net enrollment of less than one hundred seventy students.
Nothing contained in this section shall be construed to reduce or limit the rights and privileges of principals and assistant principals as teachers under the provisions of section one, article one, chapter eighteen of the code of West Virginia as amended;section one, article one, chapter eighteen-a; and other provisions of this code: Provided, That on or before the first day of July, one thousand nine hundred ninety-three, the state board of education shall not deny a county board of education the right to place a principal in a school with less than one hundred seventy students.
It shall be unlawful for any board of education to require any employee or applicant who becomes an employee of the board to pay the cost of any medical or physical examination as a condition of employment.
The provisions of this section shall be effective from the first day of January, one thousand nine hundred seventy-five.
(a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards in the evaluation of the employment performance of personnel employed by the board.
(b) The system adopted by the state board for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel", "professional" or "professionals", means professional personnel as defined in section one, article one of this chapter but does not include classroom teachers, principals and assistant principals subject to the evaluation processes established pursuant to the provisions of section two, article three-c of this chapter when the school at which these professional personnel are employed is selected to participate in those evaluation processes as part of the multi-step implementation leading to full statewide implementation by school year 2013-2014.
(d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets those standards.
(e) The performance evaluation system shall contain, but not be limited to, the following information:
(1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;
(2) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. For school personnel with five or more years of experience who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently. Until the school or school system at which they are employed is subject to the provisions of article three-c of this chapter, for classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be conducted or professional growth and development plan required only when the principal determines it is necessary for a particular classroom teacher or when a classroom teacher exercises the option of being evaluated at more frequent intervals;
(3) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for individual professionals;
(C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional growth and development of professional personnel;
(4) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets those standards and other criteria for evaluation for each professional position evaluated. Professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and
(5) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.
(f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.
(g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After July 1, 1994, no person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development or equivalent education and training approved by the state board.
(h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.
(i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the Internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction; and
(j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.
(k) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the
Internet. Nothing in article three-c of this chapter may be
construed to negate the provisions of subsections (i) and (j) of
this section.
(1) The effective and efficient operation of the public schools depends upon the development of harmonious and cooperative relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the educational program and each has certain separate, distinct and clearly defined areas of responsibility as provided in chapters eighteen and eighteen-a of this code; and
(3) There are instances, particularly involving questions of wages, salaries and conditions of work, that are subject to disagreement and misunderstanding between county boards and school personnel and may not be so clearly set forth.
(b) The purpose of this section is to establish a statement of policy and practice for the county boards and school personnel, as follows, in order to minimize possible disagreement and misunderstanding:
(1) County boards, subject to the provisions of this chapter, chapter eighteen of this code and the policies and rules of the state board, are responsible for the management of the schools within their respective counties. The powers and responsibilities of county boards in setting policy and in providing management are broad, but not absolute;
(2) The school personnel shares the responsibility for putting into effect the policies and practices approved by the county board that employs them and the school personnel also have certain rights and responsibilities as provided in statute, and in their contracts;
(3) School personnel are entitled to meet together, form associations and work in concert to improve their circumstances and the circumstances of the schools;
(4) County boards and school personnel can most effectively discharge their total responsibilities to the public and to each other by establishing clear and open lines of communication. School personnel should be encouraged to make suggestions, proposals and recommendations through appropriate channels to the county board. Decisions of the county board concerning the suggestions, proposals and recommendations should be communicated to the school personnel clearly and openly;
(5) Official meetings of county boards are public meetings. School personnel are free to attend the meetings without fear of reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they are fulfilling their responsibilities and should be offered the opportunity of open and honest evaluations of their performance on a regular basis and in accordance with the provisions of section twelve of this article. All school personnel are entitled to opportunities to improve their job performance prior to the termination or transfer of their services. Decisions concerning the promotion, demotion, transfer or termination of employment of school personnel, other than those for lack of need or governed by specific statutory provisions unrelated to performance, should be based upon the evaluations, and not upon factors extraneous thereto. All school personnel are entitled to due process in matters affecting their employment, transfer, demotion or promotion; and
(7) All official and enforceable personnel policies of a county board must be written and made available to its employees.
Number ofNumber ofAverage Number of
MealsCooksMeals Served Per
Cook's Hours Worked
1-90112.00
91-1351.512.00
136-180212.00
181-2252.512.00
226-270312.00
271-3153.512.00
316-360412.00
361-4054.512.00
406-450512.00
451-4955.512.00
496-540612.00
541-5856.512.00
586-630712.00
631-6757.512.00
676-720812.00
721-7658.512.00
766-810912.00
811-8559.512.00
856-9001012.00
A meal prepared for a school lunch shall be established as a whole meal. Other meals shall be equal to three fourths of a school lunch meal.
(a) The education of professional educators in the state is under the general direction and control of the state board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education who shall represent the interests of educator preparation programs within the institutions of higher education in this state as defined in section two, article one, chapter eighteen-b of this code.
The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools. The programs include the following:
(1) Programs in all institutions of higher education, including student teaching and teacher-in-residence programs as provided in this section;
(2) Beginning teacher internship and induction programs;
(3) Granting West Virginia certification to persons who received their preparation to teach outside the boundaries of this state, except as provided in subsection (b) of this section;
(4) Alternative preparation programs in this state leading to certification, including programs established pursuant to the provisions of section one-a of this article and programs which are in effect on the effective date of this section; and
(5) Continuing professional education, professional development and in-service training programs for professional educators employed in the public schools in the state.
(b) After consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, the state board shall adopt standards for the education of professional educators in the state and for awarding certificates valid in the public schools of this state. The standards include, but are not limited to the following:
(1) A provision for the study of multicultural education. As used in this section, multicultural education means the study of the pluralistic nature of American society including its values, institutions, organizations, groups, status positions and social roles;
(2) A provision for the study of classroom management techniques, including methods of effective management of disruptive behavior including societal factors and their impact on student behavior; and
(3) A teacher from another state shall be awarded a teaching certificate for a comparable grade level and subject area valid in the public schools of this state, subject to section ten of this article, if he or she has met the following requirements:
(A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;
(B) Has graduated from an educator preparation program at a regionally accredited institution of higher education;
(C) Possesses the minimum of a bachelor's degree; and
(D) Meets all of the requirements of the state for full certification except employment.
(c) The state board may enter into an agreement with county boards for the use of the public schools in order to give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.
(d) An agreement established pursuant to subsection (c) of this section shall recognize student teaching as a joint responsibility of the educator preparation institution and the cooperating public schools. The agreement shall include the following items:
(1) The minimum qualifications for the employment of public school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising;
(2) The remuneration to be paid to public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers;
(3) Minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching;
(4) Assurance that the student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher; and
(5) A provision requiring any higher education institution with an educator preparation program to document that the student teacher's field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification;
(6) A provision authorizing a school or school district that has implemented a comprehensive beginning teacher induction program, to enter into an agreement that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection by using an alternate structure implemented for the support, supervision and mentoring of beginning teachers. The agreement is in lieu of any specific provisions of this subsection and is subject to the approval of the state board.
(e) Teacher-in-residence programs. --
(1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval of the state board, an institution of higher education with a program for the education of professional educators in the state approved by the state board may enter into an agreement with county boards for the use of teacher- in-residence programs in the public schools.
(2) A "teacher-in-residence program" means an intensively supervised and mentored residency program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.
(3) The authorization for the higher education institution and the county board to implement a teacher-in-residence program is subject to state board approval. The provisions of the agreement include, but are not limited to, the following items:
(A) A requirement that the prospective teacher in a teacher-in-residence program shall have completed the content area preparation courses and shall have passed the appropriate basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which licensure is sought;
(B) A requirement that the teacher-in-residence serve only in a teaching position in the county which has been posted and for which no other teacher fully certified for the position has been employed;
(C) Specifics regarding the program of instruction for the teacher-in-residence setting forth the responsibilities for supervision and mentoring by the higher education institution's educator preparation program, the school principal, and peer teachers and mentors, and the responsibilities for the formal instruction or professional development necessary for the teacher- in-residence to perfect his or her professional practice skills. The program also may include other instructional items as considered appropriate.
(D) A requirement that the teacher-in-residence hold a teacher-in-residence permit qualifying the individual to teach in his or her assigned position as the teacher of record;
(E) A requirement that the salary and benefit costs for the position to which the teacher-in-residence is assigned shall be used only for program support and to pay a stipend to the teacher- in-residence as specified in the agreement, subject to the following:
(i) The teacher-in-residence is a student enrolled in the teacher preparation program of the institution of higher education and is not a regularly employed employee of the county board;
(ii) The teacher in residence is included on the certified list of employees of the county eligible for state aid funding the same as an employee of the county at the appropriate level based on their permit and level of experience;
(iii) All state-aid-funding due to the county board for the teacher-in-residence shall be used only in accordance with the agreement with the institution of higher education for support of the program as provided in the agreement, including costs associated with instruction and supervision as set forth in paragraph (C) of this subdivision;
(iv) The teacher-in-residence is provided the same liability insurance coverage as other employees; and
(v) All state aid funding due to the county for the teacher- in-residence and not required for support of the program shall be paid as a stipend to the teacher-in-residence: Provided, That the stipend paid to the teacher-in-residence shall be no less than sixty-five percent of all state aid funding due the county for the teacher-in-residence.
(4) Other provisions that may be required by the state board.
(f) In lieu of the student teaching experience in a public school setting required by this section, an institution of higher education may provide an alternate student teaching experience in a nonpublic school setting if the institution of higher education meets the following criteria:
(1) Complies with the provisions of this section;
(2) Has a state board approved educator preparation program; and
(3) Enters into an agreement pursuant to subdivisions (g) and (h) of this section.
(g) At the discretion of the higher education institution, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall require one of the following:
(1) The student teacher shall complete at least one half of the clinical experience in a public school; or
(2) The educator preparation program shall include a requirement that any student performing student teaching in a nonpublic school shall complete the following:
(A) At least two hundred clock hours of field-based training in a public school; and
(B) A course, which is a component of the institution's state board approved educator preparation program, that provides information to prospective teachers equivalent to the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the public schools in West Virginia. The course also shall include instruction on at least the following elements:
(i) State board policy and provisions of this code governing public education;
(ii) Requirements for federal and state accountability, including the mandatory reporting of child abuse;
(iii) Federal and state mandated curriculum and assessment requirements, including multicultural education, safe schools and student code of conduct;
(iv) Federal and state regulations for the instruction of exceptional students as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and
(v) Varied approaches for effective instruction for students who are at-risk.
(h) In addition to the requirements set forth in subsection (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall include the following:
(1) A requirement that the higher education institution with an educator preparation program shall document that the student teacher's field-based and clinical experiences include participation and instruction with multicultural, at-risk and exceptional children at each programmatic level for which the student teacher seeks certification; and
(2) The minimum qualifications for the employment of school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising.
(i) The state superintendent may issue certificates as provided in section two-a of this article to graduates of educator preparation programs and alternative educator preparation programs approved by the state board. The certificates are issued in accordance with this section and rules adopted by the state board after consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education.
(1) A certificate to teach may be granted only to a person who meets the following criteria:
(A) Is a citizen of the United States, except as provided in subdivision (2) of this subsection;
(B) Is of good moral character;
(C) Is physically, mentally and emotionally qualified to perform the duties of a teacher; and
(D) Is at least eighteen years of age on or before October 1, of the year in which his or her certificate is issued.
(2) A permit to teach in the public schools of this state may be granted to a person who is an exchange teacher from a foreign country or an alien person who meets the requirements to teach.
(j) In consultation with the Secretary of Education and the Arts and the Chancellor for Higher Education, institutions of higher education approved for educator preparation may cooperate with each other, with the center for professional development and with one or more county boards to organize and operate centers to provide selected phases of the educator preparation program. The phases include, but are not limited to the following:
(1) Student teaching and teacher-in-residence programs;
(2) Beginning teacher internship and induction programs;
(3) Instruction in methodology; and
(4) Seminar programs for college students, teachers with provisional certification, professional support team members and supervising teachers.
By mutual agreement, the institutions of higher education, the center for professional development and county boards may budget and expend funds to operate the centers through payments to the appropriate fiscal office of the participating institutions, the center for professional development and the county boards.
(k) The provisions of this section do not require discontinuation of an existing student teacher training center or school which meets the standards of the state board.
(l) All institutions of higher education approved for educator preparation in the 1962-63 school year continue to hold that distinction so long as they meet the minimum standards for educator preparation. Nothing in this section infringes upon the rights granted to any institution by charter given according to law previous to the adoption of this code.
(m) Definitions. -- For the purposes of this section, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) "Nonpublic school" means a private school, parochial school, church school, school operated by a religious order or other nonpublic school that elects to meet the following conditions:
(A) Comply with the provisions of article twenty-eight, chapter eighteen of this code;
(B) Participate on a voluntary basis in a state operated or state sponsored program provided to this type school pursuant to this section; and
(C) Comply with the provisions of this section;
(2) "At-risk" means a student who has the potential for academic failure, including, but not limited to, the risk of dropping out of school, involvement in delinquent activity or poverty as indicated by free or reduced lunch status; and
(3) Exceptional child" or "exceptional children" has the
meaning ascribed to these terms pursuant to section one, article
twenty, chapter eighteen of this code, but, as used in this
section, the terms do not include gifted students.
(a) Definitions. -- For the purposes of this section, the following terms have the meaning ascribed to them, unless the context in which a term is used clearly requires a different meaning:
(1) "Alternative program teacher certificate" means a certificate issued for one year to a candidate who does not meet the standard educational requirements for teacher certification;
(2) "Approved education provider" means a partnership between one or more schools, school districts or regional educational service agencies and an institution of higher education in this state with a regionally accredited program for the education of professional educators approved by the state board or an entity affiliated with such an institution's approved program, that has submitted to the state board a plan and agreement between the organizations for the delivery of an alternative program in accordance with this section, and the state board has approved the plan and agreement; and
(3) "Area of critical need and shortage" means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed.
(b) Establishment of alternative teacher education programs. -- After consultation with the Secretary of Education and the Arts and the Chancellor of the Higher Education Policy Commission, the state board shall promulgate a legislative rule or rules in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The proposed rule or rules shall be submitted to the Legislative Oversight Commission on Education Accountability for review prior to adoption. The rule or rules shall include, but are not limited to, the following issues:
(1) Separate procedures for the approval and operation of each of the alternative teacher education programs as provided in this section:
(A) These programs are an alternative to the regular college or university programs for the education of teachers and may only be offered by approved education providers; and
(B) Each program is separate from other programs established by this section;
(2) Procedures for approving an approved education provider as defined in this section. Approval is required prior to implementation the provider's program leading to certification to teach in the public schools of this state;
(3) An alternative program teacher may not be employed in a school, school district or regional educational service agency unless the school, school district or regional educational service agency is a part of a partnership that qualifies as an approved education provider as defined in subsection (a) of this section;
(4) Provisions for setting tuition charges to offset program costs;
(5) The recommendation to rehire an alternative education program teacher, is subject to satisfactory progress in the applicable alternative education program by the holder of the alternative program certificate; and
(6) When making decisions affecting the hiring of a teacher authorized to teach under an alternative program certificate as provided in this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.
(c) Alternative teacher education program. --
(1) To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the state superintendent and endorsed for the instructional field in which the candidate seeks certification.
(2) The certificate may be renewed twice and no individual may hold an alternative program teacher certificate for a period exceeding three years. The alternative program teacher certificate is equivalent to a professional teaching certificate for the purpose of issuing a continuing contract.
(3) To be eligible for an alternative program teacher certificate, an applicant shall meet the following criteria:
(A) Possess at least a bachelor's degree from a regionally accredited institution of higher education in a discipline taught in the public schools.
(B) Pass the same basic skills and subject matter test or tests required by the state board for traditional program candidates to become certified in the area for which licensure is being sought;
(C) Hold United States citizenship; be of good moral character and be physically, mentally and emotionally qualified to perform the duties of a teacher;
(D) Attain the age of eighteen years on or before October 1 of the year in which the alternative program teacher certificate is issued;
(E) Receive a formal offer of employment in an area of critical need and shortage from a county superintendent;
(F) Qualify for employment following a criminal history check pursuant to section ten of this article;
(G) In the case of an applicant pursuing certification to teach American Sign Language, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall possess at least a bachelor's degree from a regionally accredited institution of higher education and pass an appropriate state board approved test or tests demonstrating the applicant's proficiency in American Sign Language; and
(H) In the case of applicants who have at least four years of experience in the subject field and are pursuing certification to teach in selected vocational and technical areas, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall pass an appropriate state board approved test or tests demonstrating the applicant's proficiency in the basic skills and occupational content areas.
(4) A person who satisfies the requirements set forth in subdivision (3) of this subsection shall be granted a formal document authorizing him or her to work in a public school in West Virginia.
(5) An approved alternative program provides essential knowledge and skills to alternative program teachers through the following phases of training:
(A) Instruction. -- The alternative preparation program shall provide a minimum of eighteen semester hours of instruction in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity. All programs shall contain a minimum of three semester hours of instruction in special education and diversity out of the minimum eighteen required semester hours. Subject to the approval of the state board, an approved education provider may provide instruction equivalent to the eighteen semester hours required by this paragraph through nontraditional methods, including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional development and job-embedded mentoring.
(B) Phase I. -- Phase I consists of a period of intensive, on-the-job supervision by an assigned mentor and the school administrator for a period of not fewer than two weeks. The assigned mentor shall meet the requirements for a beginning teacher internship mentor set forth in section two-b of this article and shall be paid the stipend authorized pursuant to that section. The state board shall provide, in its rule for the approval and operation of this program, requirements for the frequency and duration of time periods for the person holding an alternative certificate to observe in the classroom of the mentor. The person holding an alternative certificate shall be observed daily by the mentor or the school administrator during this phase. This phase includes an orientation to the policies, organization and curriculum of the employing district. The alternative program teacher shall receive formal instruction in those areas listed in paragraph (A) of this subdivision.
(C) Phase II. -- Phase II consists of a period of intensive, on-the-job supervision beginning the first day following the completion of Phase I and continuing for a period of at least ten weeks. During Phase II, the alternative program teacher is visited and critiqued at least one time per week by members of a professional support team, as defined in subdivision (6) of this subsection, and is observed by the appropriately certified members of the team at the end of five weeks and again at five-week intervals until the completion of this phase. At the completion of this phase, the alternative program teacher shall receive a formal evaluation by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed in paragraph (A), of this subdivision.
(D) Phase III. -- Phase III consists of an additional period of continued supervision and evaluation of no fewer than twenty weeks duration. The professional support team determines the requirements of this phase, but those requirements shall include at least one formal evaluation conducted at the completion of the phase by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed in paragraph (A) of this subdivision, and shall be given opportunities to observe the teaching of experienced colleagues.
(6) Professional support team. --
(A) Training and supervision of alternative program teachers are provided by a professional support team comprised of a school principal, or his or her designee, an experienced classroom teacher who satisfies the requirements for mentor for the Beginning Educator Internship pursuant to section two-b of this article, a representative of the institution of higher education that is a part of the partnership that qualifies as an approved education provider as defined in subsection (a) of this section or an entity affiliated with that institution, and a curriculum supervisor or other central office administrator with certification and training relevant to the training and supervision of the alternative program candidate.
(B) Districts or schools which have been unable to establish a relationship with a college or university shall provide for comparable expertise on the team.
(C) The school principal, or his or her designee, serves as chairperson of the team.
(D) The duration of each of the three phases of the program specified in paragraphs (B), (C) and (D), subdivision (5) of this subsection, in excess of the minimum durations provided in those paragraphs, shall be determined by the professional support team within guidelines provided by the state board in its rule for the approval and operation of this program.
(E) In addition to other duties assigned to it under this section and section one-b of this article, the approved education provider shall submit a written evaluation of the alternative program teacher to the county superintendent. The written evaluation shall be in a form specified by the county superintendent and submitted on a date specified by the county superintendent that is prior to the first Monday of May. The evaluation shall report the progress of the alternative program teacher toward meeting the academic and performance requirements of the program.
(F) The training for professional support team members may be coordinated and provided by the Center for Professional Development in coordination with the approved education provider as set forth in the plan approved by the state board pursuant to subdivision (8) of this subsection.
(7) In lieu of and as an alternative to the professional support team specified in subdivision (6) of this subsection and its specific duties throughout the program phases as set forth in subdivision (5) of this section, a school or school district that has implemented a comprehensive beginning teacher induction program may, subject to the approval of the state board, provide for the training and supervision of alternative program teachers using a structure consistent with the structure implemented for the support, supervision and mentoring of beginning teachers: Provided, That all final decisions on the progress of the alternative program teacher and recommendations upon program completion shall rest with the principal.
(8) An approved education provider seeking approval for an alternative certification program shall submit a plan to the state board.
(A) No alternative certification program may be implemented prior to receiving state board approval.
(B) Each plan shall describe how the proposed training program will accomplish the key elements of an alternative program for the education of teachers as set forth in this section.
(d) Alternative highly qualified special education teacher education program. --
(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to teachers who have at least a bachelor's degree in a program for the preparation of teachers from a regionally accredited institution of higher education.
(2) These programs are subject to the other provisions of this section only to the extent specifically provided in the rule.
(3) These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of certified special education teachers.
(4) The programs shall incorporate professional development to the maximum extent possible to help teachers who are currently certified in special education to obtain the required content area preparation.
(5) Participation in an alternative education program pursuant to this subsection may not affect any rights, privileges or benefits to which the participant otherwise would be entitled as a regular employee and may not alter any rights, privileges or benefits of participants on continuing contract status.
(e) Additional alternative education program to prepare highly qualified special education teachers. --
(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to persons who hold a bachelor's degree from a regionally accredited institution of higher education.
(2) These programs are subject to the other provisions of this section only to the extent specifically provided in the rule.
(3) These programs may be an alternative to the regular
college and university programs for the education of special
education teachers and also may address the content area
preparation of these persons.
At the conclusion of an alternative teacher education program, the approved education provider shall prepare a comprehensive evaluation report on the alternative program teacher's performance. This report shall be submitted directly to the State Superintendent of Schools and shall contain a recommendation as to whether or not a professional certificate should be issued to the alternative program teacher. The report shall be made on standard forms developed by the State Superintendent.
The comprehensive evaluation report shall include one of the following recommendations:
(1) Approved: Recommends issuance of a professional certificate;
(2) Insufficient: Recommends that a professional certificate not be issued but that the candidate be allowed to seek reentry on one or more occasions in the future into an approved alternative teacher education program; or
(3) Disapproved: Recommends that a professional certificate not be issued and that the candidate not be allowed to enter into another approved alternative teacher education program in this state, but shall not be prohibited from pursuing teacher certification through other approved programs for the education of teachers in this state.
The approved education provider shall provide the alternative
program teacher with a copy of the alternative program teacher's
written evaluation report and certification recommendation before submitting it to the state superintendent. If the alternative
program teacher disagrees with the provider's recommendation, the
alternative program teacher may, within fifteen days of receipt,
request an appeal in accordance with the certification appeals
process established by the State Board of Education.
(b) The Legislature finds that there is a need to address areas of critical need and shortage for professional educators and that an expeditious approach for doing so is through the upgrading of the education and training of fully certified teachers who because of declining enrollment can no longer be employed in their area of certification and licensure. Therefore, the state superintendent, the vice chancellor for administration, the chancellor of the higher education policy commission shall collaborate with the governor's workforce development office on other potential sources of funds to assist professional educators whose contract of employment with a county board of education were not renewed due to a reduction in force to gain additional certification in areas of critical need and shortage.
qualifications; certification of aliens.
Any professional educator, as defined in article one of this chapter, who is employed within the public school system of the state shall hold a valid teaching certificate licensing him or her to teach in the specializations and grade levels as shown on the certificate for the period of his or her employment. If a teacher is employed in good faith on the anticipation that he or she is eligible for a certificate and it is later determined that the teacher was not eligible, the state superintendent of schools may authorize payment by the county board of education to the teacher for a time not exceeding three school months or the date of notification of his or her ineligibility, whichever shall occur first. All certificates shall expire on the thirtieth day of June of the last year of their validity irrespective of the date of issuance.
In accordance with state board rules for the education of professional educators adopted pursuant to section one of this article and subject to the limitations and conditions of that section, the state superintendent may issue the following certificates valid in the public schools of the state:
(a) Professional teaching certificates. --
(1) A professional teaching certificate for teaching in the public schools may be issued to a person who meets the following conditions:
(A) Holds at least a bachelor's degree from an accredited institution of higher education in this state, and
(i) Has completed a program for the education of teachers which meets the requirements approved by the state board; or
(ii) Has met equivalent standards at institutions in other states and has passed appropriate state board approved basic skills and subject matter tests or has completed three years of successful experience within the last seven years in the area for which licensure is being sought; or
(B) Holds at least a bachelor's degree in a discipline taught in the public schools from an accredited institution of higher education, and
(i) Has passed appropriate state board approved basic skills and subject matter tests; or
(ii) Has completed three years of successful experience within the last seven years in the area for which licensure is being sought; and
(I) Has completed an alternative program for teacher education approved by the state board,
(II) Is recommended for a certificate in accordance with the provisions of sections one-a and one-b of this article relating to the program, or
(III) Is recommended by the state superintendent based on documentation submitted.
(2) The certificate shall be endorsed to indicate the grade level or levels or areas of specialization in which the person is certified to teach or to serve in the public schools.
(3) The initial professional certificate is issued provisionally for a period of three years from the date of issuance:
(A) The certificate may be converted to a professional certificate valid for five years subject to successful completion of a beginning teacher internship or induction program, if applicable; or
(B) The certificate may be renewed subject to rules adopted by the state board.
(b) Alternative program teacher certificate. -- An alternative program teacher certificate may be issued to a candidate who is enrolled in an alternative program for the education of teachers in accordance with the provisions of section one-a of this article. (1) The certificate is valid only for the alternative program position in which the candidate is employed and is subject to enrollment in the program.
(2) The certificate is valid for one year and may be renewed for each of the following two consecutive years only.
(c) Professional administrative certificate. --
(1) A professional administrative certificate, endorsed for serving in the public schools, with specific endorsement as a principal, vocational administrator, supervisor of instructions or superintendent, may be issued to a person who has completed requirements all to be approved by the state board as follows:
(A) Holds at least a master's degree from an institution of higher education accredited to offer a master's degree; and
(i) Has successfully completed an approved program for administrative certification developed by the state board in cooperation with the chancellor for higher education, and
(ii) Has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training in evaluation skills approved by the state board, and
(iii) Possesses three years of management level experience.
(2) Any person serving in the position of dean of students on June 4, 1992, is not required to hold a professional administrative certificate.
(3) The initial professional administrative certificate is issued provisionally for a period of five years. This certificate may be converted to a professional administrative certificate valid for five years or renewed, subject to the regulations of the state board.
(d) Paraprofessional certificate. -- A paraprofessional certificate may be issued to a person who meets the following conditions:
(1) Has completed thirty-six semester hours of post-secondary education or its equivalent in subjects directly related to performance of the job, all approved by the state board; and
(2) Demonstrates the proficiencies to perform duties as required of a paraprofessional as defined in section eight, article four of this chapter.
(e) Other certificates; permits. --
(1) Other certificates and permits may be issued, subject to the approval of the state board, to persons who do not qualify for the professional or paraprofessional certificate. (2) A certificate or permit may not be given permanent status and a person holding one of these credentials shall meet renewal requirements provided by law and by regulation, unless the state board declares certain of these certificates to be the equivalent of the professional certificate.
(3) Within the category of other certificates and permits, the state superintendent may issue certificates for persons to serve in the public schools as athletic coaches or coaches of other extracurricular activities, whose duties may include the supervision of students, subject to the following limitations:
(A) The person is employed under a contract with the county board of education.
(i) The contract specifies the duties to be performed, specifies a rate of pay that is equivalent to the rate of pay for professional educators in the district who accept similar duties as extra duty assignments, and provides for liability insurance associated with the activity; and
(ii) The person holding this certificate is not considered an employee of the board for salary and benefit purposes other than as specified in the contract.
(B) A currently employed certified professional educator has not applied for the position; and
(C) The person completes an orientation program designed and approved in accordance with state board rules.
(f) Teacher-In-Residence Permit. --
(1) A teacher-in-residence permit may be issued to a candidate who is enrolled in a teacher-in-residence program in accordance with an agreement between an institution of higher education and a county board. The agreement is developed pursuant to subsection (f), section one of this article and requires approval by the state board.
(2) The permit is valid only for the teacher-in-residence
program position in which the candidate is enrolled and is subject
to enrollment in the program. The permit is valid for no more than
one school year and may not be renewed.
(a) Every person to whom a professional teaching certificate is awarded after the first day of January, one thousand nine hundred ninety-two, shall successfully complete a beginning teacher internship program under the provisions of this section, except such persons who were awarded a professional teaching certificate on the basis of at least five years teaching experience in another state.
The beginning teacher internship program is a school based program intended to provide appropriate staff development activities and supervision to beginning teachers to assure their competency for licensure to teach in the public schools of this state. The beginning teacher internship program shall consist of the following components:
(1) A professional support team comprised of the school principal, who shall be the chair of the professional support team, a member of the county professional staff development council and an experienced classroom teacher at the school who teaches the same or similar subject and grade level as the beginning teacher and who shall serve as a mentor for the beginning teacher;
(2) An orientation program to be conducted prior to the beginning of the instructional term, but within the employment term, supervised by the mentor teacher;
(3) The scheduling of joint planning periods for the mentor and beginning teacher throughout the school year;
(4) Mentor observation of the classroom teaching skills of the beginning teacher for at least one hour per week during the first half of the school year and which may be reduced at the discretion of the mentor to one hour every two weeks during the second half of the school year;
(5) Weekly meetings between the mentor and the beginning teacher at which the mentor and the beginning teacher discuss the performance of the beginning teacher and any needed improvements, which meetings may be reduced at the discretion of the mentor to biweekly meetings during the second half of the school year;
(6) Monthly meetings of the professional support team to discuss the performance of the beginning teacher which meetings may include all mentor members of all professional support teams at the school if helpful in the judgment of the participants;
(7) In-service professional development programs provided through the professional development project of the center for professional development for beginning teachers and for mentors both of which will be held in the first half of the school year;
(8) The provision of necessary release time from regular duties for the mentor teacher, as agreed to by the principal and the mentor teacher, and a stipend of at least six hundred dollars for the mentor teacher for duties as a mentor teacher; and
(9) A final evaluation of the performance of the beginning teacher completed by the principal on a form developed by the state board of education.
(b) The final evaluation form shall be submitted by the principal to the county school superintendent and shall include one of the following recommendations:
(1) Full professional status: A recommendation of full professional status indicates that the beginning teacher has successfully completed the internship program and in the judgment of the principal has demonstrated competence as a professional educator;
(2) Continuing internship status: A recommendation of continuing internship status indicates that in the judgment of the principal the beginning teacher requires further supervision and further employment in the district should be conditioned upon successful completion of an additional year under a beginning teacher internship program; or
(3) Discontinue employment: A recommendation to discontinue employment indicates that in the judgment of the principal the beginning teacher has completed two years of employment under supervision in a beginning teacher internship program, has not demonstrated competence as a professional educator and will notbenefit from further supervised employment in the district.
(b) Principal training and professional development through the academy. -- The academy and the persons required to complete training and professional development through the academy shall adhere to the following guidelines:
(1) All persons assigned as a principal for the first time in a West Virginia school after the first day of July, two thousand two, shall complete specialized training and professional development for newly appointed principals through the academy within the first twelve months following assignment;
(2) All principals of schools which have been designated as seriously impaired, in accordance with section five, article two-e, chapter eighteen of this code, shall complete specialized training and professional development through the academy specifically designed to assist the principal to improve school performance commencing as soon as practicable following receipt of the designation;
(3) All principals who are subject to an improvement plan, in accordance with section twelve, article two of this chapter, shall complete specialized training and professional development through the academy specifically designed for principals subject to an improvement plan. The specialized training and professional development shall be completed within twelve months from the date that the principal is first subject to the improvement plan;
(4) All principals who transfer to a school with a significantly different grade configuration shall complete specialized training and professional development for principals in schools with the grade configuration to which they transferred through the academy within the first twelve months following transfer; and
(5) All persons serving as school principals shall complete training and professional development through the academy designed to build the qualities, proficiencies and skills required of all principals as determined by the state board.
(c) Academy and requirements to complete training and professional development subject to funding. -- The requirement that principals complete training and professional development through the academy shall be subject to the availability of funds for the principals academy from legislative appropriation and from other sources. If these funds are insufficient to provide for the total cost of the training and professional development required by subsection (b) of this section, then the academy shall provide training and professional development for the persons described in subdivisions (1) through (5), of subsection (b) according to the priority in which the subdivisions appear in that subsection. If such funds are insufficient to provide for the training and professional development of all the persons described in one or more of subdivisions (1) through (5), subsection (b) of this section, the academy is authorized to determine which persons described within the subdivision or subdivisions shall be admitted and which shall not be admitted: Provided, That the principals academy shall make every effort to ensure that all principals receive training and professional development through the academy at least once every six years effective the first day of July, two thousand two and thereafter: Provided, however, That nothing in this section shall be construed to require any specific level of funding by the Legislature.
(d) Principals standards advisory council. -- To assist the state board in the performance of the duties described in subsection (e) of this section, there is hereby created a "Principals Standards Advisory Council", which shall consist of nine persons, as follows: The executive director of the center for professional development, who shall serve as the ex officio chair; three principals, one from an elementary school and one from a middle school or a junior high school selected by the West Virginia association of elementary and middle school principals, and one from a high school selected by the West Virginia association of secondary school principals; one county school superintendent selected by the West Virginia association of school administrators; and two representatives from higher education who teach in principal preparation programs selected by the teacher education advisory council; and two citizen representatives who are knowledgeable on issues addressed in this section, appointed by the governor. Members of the principals standards advisory council who are public employees shall be granted release time from their employment for attending meetings of the council. Members may be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties by the center for professional development. The terms of all members appointed to the principals standards advisory council under the prior enactment of this section shall terminate on the thirty-first day of August, two thousand two. The principals standards advisory council as amended on the effective date of this section shall become effective on the first day of September, two thousand two.
(e) Establishment of standards. -- On or before the first day of October, one thousand nine hundred ninety-six, the state board shall approve and promulgate rules regarding the minimum qualities, proficiencies and skills that will be required of principals after the first day of January, one thousand nine hundred ninety-seven. The state board shall promulgate and may from time to time amend such rules after consultation with the principals standards advisory council created in subsection (d) of this section. The rules promulgated by the state board shall address at least the following:
(1) Staff relations, including, but not limited to, the development and use of skills necessary to make a positive use of faculty senates, manage faculty and staff with courtesy and mutual respect, coach and motivate employees, and build consensus as a means of management;
(2) School community leadership qualities, including, but not limited to, the ability to organize and leverage community initiative, communicate effectively, work effectively with local school improvement councils, manage change, resolve conflict and reflect the highest personal values;
(3) Educational proficiencies, including, but not limited to, knowledge of curriculum, instructional techniques, student learning styles, student assessment criteria, school personnel performance, evaluation skills and family issues; and
(4) Administrative skills, including, but not limited to, organizational, fiscal, public policy and total quality management skills and techniques.
(f) Waivers. -- Any person desiring to be relieved of the requirements of all or any part of this section may apply in writing to the state board for a waiver. Upon a showing of reasonable cause why relief should be granted, the state board may grant a waiver, upon such terms and conditions as the state board shall determine proper, as to all or any part of this section.
(g) Failure to comply. -- Any person who fails or refuses to complete training and professional development through the academy, as required by the provisions of this section, and who fails to obtain a waiver, as described in subsection (f) of this section, shall be ineligible to be employed as, or serve in the capacity of, a principal.
(h) Tracking of requirement. -- On or before the first day of January, one thousand nine hundred ninety-seven, the state board shall establish a system to track the progress of each person required to complete training through the academy and shall regularly advise such persons of their progress.
(i) Payment of reasonable and necessary expenses and stipends. -- The center for professional development shall reimburse persons attending the academy for reasonable and necessary expenses. A person may not be required to complete training and professional development through the principals academy before the fifteenth day of September and after the first day of June of the school year. The center for professional development shall utilize alternative methods of instructional delivery and scheduling, including electronic delivery, as considered appropriate to minimize the amount of time principals completing training and professional development through the academy are required to be away from their school duties. Nothing in this section shall be construed to require any specific level of funding by the Legislature.
(a) Every person hired for the first time in a county school system as an assistant principal, principal or vocational administrator after the first day of July, one thousand nine hundred ninety-five, shall complete a one school year, beginning principal internship program under the provisions of this section. (b) The beginning principal internship program is a county school system based program intended to provide appropriate orientation activities and supervision to beginning assistant principals, principals or vocational administrators of this state. The beginning principal internship shall consist of the following components:
(1) An orientation program to be conducted prior to the beginning of the instructional term, but within the employment term, developed by the county school system: Provided, That if a beginning principal is hired during the instructional term the orientation program shall be conducted during the instructional term;
(2) The scheduling of no less than three regular meetings per semester during the school year between the mentor and beginning principal. Topics for each meeting may consist of, but are not limited to, the following: Evaluation of personnel, budgeting, scheduling, instructional leadership, discipline, public relations, conferencing skills or other topics determined by the mentor and intern;
(3) The provision of necessary release time from regular duties for the mentor as agreed to by the county superintendent and the beginning principal and a stipend of at least six hundred dollars for the mentor for duties as a mentor, to be paid by the state department of education; and
(4) Documentation of the beginning principal internship recorded on the evaluation form currently developed by the local county school district.
(c) Mentors are selected by the county superintendent and must have a minimum of five years of administrative experience as an assistant principal, principal or vocational administrator. Mentors must complete a staff development program approved by the West Virginia department of education prior to their employment as a mentor. The mentor must not be responsible for or a participant in any evaluation or supervision of the beginning principal intern.
(1) Files application on a prescribed form with the State Department of Education;
(2) Presents an official transcript of six semester hours of approved credit as may be prescribed by the state board;
(3) Successfully completes a beginning teacher internship program, if applicable; and
(4) Submits a recommendation based on successful teaching experience from the county superintendent of schools of the county in which the holder last taught or resides.
(b) The holder of a professional certificate, valid for five years, shall have the certificate made permanent upon meeting any of the following requirements:
(1) Completion of the second renewal, in accordance with the provisions set forth in subsection (a) of this section; or
(2) After five years of service in the public schools, presentation of a transcript showing the completion of requirements for a master's degree from an institution of higher education accredited to offer the master's degree and in a program relevant to the public school program or completes the fifth year of training leading to a bachelor's degree in library science from a school fully approved by the American Library Association; or
(3) Receives certification through the National Board for Professional Teaching Standards.
(c) To satisfy any of the requirements of subsection (b) of this section, the person must file application on a prescribed form with the State Department of Education and must submit a recommendation from the county superintendent of schools of the county in which the person last taught or resides.
(d) All certificates and permits, other than the professional certificate, shall be renewed in accordance with state board regulations.
(e) If the applicant seeking renewal has cause to believe that the county superintendent refuses to give a recommendation without just cause, the applicant shall have the right, in such case, to appeal to the State Superintendent of Schools whose responsibility it shall be to investigate the matter and issue a certificate if, in the opinion of the state superintendent, the county superintendent's recommendation was withheld arbitrarily.
(f) A person who has reached the age of sixty and holds a renewable certificate, as provided in this section, need not present renewal credit but shall meet all other renewal requirements.
(b) As used in this section, the following words and phrases have the meanings ascribed to them:
(1) "Teacher" has the meaning provided in section one, article one, chapter eighteen of this code.
(2) "Shortage area" shall be defined by state board policy to indicate the subject areas for which an insufficient number of teachers are available.
(3) "Certification" and "certificate" mean a valid West Virginia:
(A) Professional teaching, service or administrative certificate, or its equivalent; or
(B) Provisional professional teaching, service or administrative certificate, or its equivalent.
(4) "Requirements for certification renewal" are those requirements of the State Department of Education as provided in section three of this article.
(5) "Requirements for additional endorsement" are those requirements of the State Department of Education as provided in section three of this article.
(6) "State institution of higher education" has the meaning provided in section two, article one, chapter eighteen-b of this code.
(c) To the extent of funds appropriated for the purposes specified in this section, payment shall be made to any teacher who:
(1) Holds either a valid West Virginia:
(A) Certificate; or
(B) First class permit for full-time employment; and
(2) Is seeking:
(A) An additional endorsement in a shortage area, and either resides in the state or is employed regularly for instructional purposes in a public school in the state; or
(B) Certification renewal, and has a continuing contract with a county board.
(d) The payment shall be made as reimbursement for the tuition, registration and other required fees for any course completed at:
(1) Any college or university within the state; or
(2) A college or university outside the state if prior approval is granted by the department.
(e) A course is eligible for reimbursement if it meets the requirements for:
(1) An additional endorsement in a shortage area; or
(2) Certification renewal.
(f) If funds appropriated for the purposes specified in this section are insufficient for the reimbursement of all eligible courses within the limits provided in this section, the West Virginia Department of Education shall make the reimbursements for courses for additional endorsement in a shortage area and certification renewal in a shortage area first.
(g) Payment made for any single fee may not exceed the amount of the highest corresponding fee charged at a state institution of higher education.
(h) Reimbursement for courses completed toward certification renewal is limited to fifteen semester hours of courses for any teacher. Reimbursement for courses completed toward additional endorsement in a shortage area is limited to fifteen semester hours of courses for any teacher.
(i) The West Virginia Department of Education shall seek funding from sources other than general revenue appropriation, including, but not limited to, workforce investment funds.
(j) No provision of this section may be construed to require any appropriation or any specific amount of appropriation for the purposes specified in this section, or to require the department to expend funds for those purposes from any other amounts appropriated for expenditure by the department.
It shall be the duty of any county superintendent who knows of any acts on the part of any teacher for which a certificate may be revoked in accordance with this section to report the same, together with all the facts and evidence, to the state superintendent for such action as in the state superintendent's judgment may be proper.
If a certificate has been granted through an error, oversight, or misinformation, the state superintendent has authority to recall the certificate and make such corrections as will conform to the requirements of law and the state board.
The Legislature finds the professional expertise and insight of the classroom teacher to be an invaluable ingredient in the development and delivery of staff development programs which meet the needs of classroom teachers.
Therefore, a professional staff development council comprised of proportional representation from the major school levels and from vocational, special education and other specialties in proportion to their employment numbers in the county shall be established in each school district in the state in accordance with rules adopted by the state board of education. Nominations of instructional personnel to serve on the county staff development council may be submitted by the faculty senates of the district to the county superintendent who shall prepare and distribute ballots and tabulate the votes of the counties instructional personnel voting on the persons nominated. Each county staff development council shall consist of between nine and fifteen members at the discretion of the county superintendent based on the size of the county. The councils have final authority to propose staff development programs for their peers based upon rules established by statute and the council on professional education.
The county superintendent or a designee has an advisory, nonvoting role on the council. The county board shall make available an amount equal to one tenth of one percent of the amounts provided in accordance with section four, article nine-a,chapter eighteen of this code and credit the funds to an account to be used by the council to fulfill its objectives. The local board has final approval of all proposed disbursements.
Any funds credited to the council during a fiscal year, but not used by the council, shall be carried over in the council account for use in the next fiscal year. These funds are separate and apart from, and in addition to, those funds to be credited to the council pursuant to this section. At the end of each fiscal year, the council shall report to each faculty senate chairperson the amount of funds carried over into the next fiscal year.
The professional staff development project of the center for professional development shall assist in the development and delivery of staff development programs by the county staff development councils and shall coordinate staff development efforts statewide.
(b) Therefore, a service personnel staff development council comprised of representation from the various categories of service personnel employment shall be established in each school district in the state in accordance with rules adopted by the state board of education. Nominations of service personnel to serve on the county service personnel staff development council may be submitted by the six groups, as defined in subsection (e), section one, article one of this chapter, of the district to the county superintendent who shall prepare and distribute ballots and tabulate the votes of the counties service personnel voting on the persons nominated. Each county staff service personnel development council shall consist of two employees from each category of employment one of whom shall be elected as chairperson by the staff development council members. The councils have final authority to propose staff development programs for their peers based upon rules established by statute and the council on service personnel education. The county superintendent or a designee has an advisory, nonvoting role on the council. The county board shall make available an amount equal to one tenth of one percent of the amounts provided in accordance with section five, article nine-a, chapter eighteen of this code and credit the funds to an account to be used by the council to fulfill its objectives. The local board has the final approval of all proposed disbursements. Any funds credited to the council during a fiscal year, but not used by the council, shall be carried over in the council account for use in the next fiscal year. Any carried-over funds shall be separate and apart from, and in addition to, the funds to be credited to the council pursuant to this section.
(c) At the end of each fiscal year, the county board of education shall report to the staff development chairperson the total amount and balance of the staff development council account, the amount appropriated for the recent fiscal year, the amount of funds requested and used by the staff development council, and the amount of funds carried over into the next fiscal year. The county board of education shall further provide to the state superintendent of schools at the end of each fiscal year the names of the service personnel staff development council members, the name of the chairperson, the number of meetings the service personnel staff development council held to plan staff development programs and the number of hours service employees were provided during their employment terms to implement their staff development programs.
Upon written consent to the state department by the applicant and within ninety days of the state fingerprint analysis, the results of a state analysis may be provided to a county board with which the applicant is applying for employment without further cost to the applicant.
Information maintained by the state department or a county board which was obtained for the purpose of this section is exempt from the disclosure provisions of chapter twenty-nine-b of this code. Nothing in this section prohibits disclosure or publication of information in a statistical or other form which does not identify the individuals involved or provide personal information.
(1) There are instances, especially for the purpose of professional development, where it would be beneficial for persons who are members of the Teachers' Retirement System or the Teachers' Defined Contribution System to be employed by state institutions of higher education or research corporations;
(2) Members of the Teachers' Retirement System are discouraged from terminating their membership to that system because their annuity is based on their final average salary and their total service credit;
(3) A member of the Teachers' Defined Contribution System may be discouraged from terminating his or her membership to that system because the member may be completely vested in that system or have made substantial progress toward being vested;
(4) These members also are discouraged from leaving employment that allows them to participate in the Public Employees Insurance Program pursuant to article sixteen, chapter five of this code; and
(5) An example of this beneficial arrangement would be the employment of a member of the Teachers' Retirement System or a member of the Teachers' Defined Contribution System by an entity that otherwise would not be considered an employer under article seven-a, chapter eighteen of this code or article seven-b, chapter eighteen of this code for the purpose of working on a joint professional development project between higher education and public education.
(b) For the purposes of this section only, unless the context clearly indicates otherwise:
(1) "Employer" means either the state institution of higher education or the research corporation employing a 21st Century Learner Fellow;
(2) "Research corporation" means a corporation meeting the description set forth in section three, article twelve, chapter eighteen-b of this code; and
(3) "State institution of higher education" means the same as defined in section two, article one, chapter eighteen-b of this code.
(c) The State Superintendent is authorized to designate up to twenty-five professional educators who are currently employed and who are members of either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code as 21st Century Learner Fellows, subject to the following:
(1) Before designating a person as a 21st Century Learner Fellow, the State Superintendent shall consult with the state institution of higher education or the research corporation that would employ the member if designated;
(2) In determining whether or not to designate a person as a 21st Century Learner Fellow, the State Superintendent shall give preference to a person who:
(A) Is certified by the National Board for Professional Teaching Standards; and
(B) Demonstrates leadership within his or her content field in the county, regional education service agency area or the state;
(3) The duration of the person's designation as a 21st Century Learner Fellow shall be for the period in which the specific project to be undertaken by the person will last as determined by the State Superintendent at the time he or she designates the person; and
(4) Only the employer may terminate the employment of a person designated as a 21st Century Learner Fellow prior to the end of the duration of the person's designation as set forth in subsection (3) of this subsection.
(d) Notwithstanding any other provision of the code to the contrary, the professional educators designated as 21st Century Learner Fellows may elect to remain a member of the retirement system in which they were a member of immediately preceding their designation while they are employed by either a state institution of higher education or a research corporation, subject to the following:
(1) This authorization to remain a member of the retirement system in which they were a member of immediately preceding their designation only applies to authorization to remain a member of either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or to the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code, but not both;
(2) Both the employer and the member each shall contribute their share as required by article seven-a, chapter eighteen of this code or article seven-b, chapter eighteen of this code, as applicable;
(3) If a 21st Century Learner Fellow elects to remain a member of either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code, he or she may not participate in any retirement plan offered by the employer; and
(4) Notwithstanding any other provision of law to the contrary, the employer does not assume any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed by any other entity.
(e) Notwithstanding any other provision of code to the contrary, each 21st Century Learner Fellow also qualifies as an employee for the purposes of being authorized to participate in the Public Employees Insurance Program pursuant to article sixteen, chapter five of this code and the state institution of higher education or the research corporation, as applicable, shall be considered an employer under that program, subject to the following:
(1) The state institution of higher education or the research corporation, as applicable, is not considered an employer with respect to any employee other than a 21st Century Learner Fellow;
(2) For any employee that elects to participate in the program pursuant to this subdivision, the employer shall pay their share of the premium and the employee shall pay his or her share of the premium pursuant to article sixteen, chapter five of this code; and
(3) Notwithstanding any other provision of law to the contrary, the employer does not assume any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed by any other entity.
(f) Notwithstanding any other provision of law to the contrary:
(1) The employer is not responsible for any accrued annual leave, sick leave or both that a 21st Century Learner Fellow has accumulated during any prior employment; and
(2) If a 21st Century Learner Fellow has accumulated sick leave from prior employment, and if not for this subsection that sick leave obligation or any part of that obligation otherwise would have been transferred to the employer, after expending all sick leave accrued with the employer, the 21st Century Learner may expend the sick leave accumulated with the prior employer, and the prior employer is responsible for paying the cost of the sick leave expended by the 21st Century Learner Fellow at a rate equivalent to the salary and benefits paid to the 21st Century Learner Fellow at the time his or her employment with the prior employer ended.
The Legislature finds that technology integration specialists are becoming more crucial as technology plays a continuously increasing role in the education of students. In order to address the need for more technology integration specialists, the teacher preparation programs in this state shall cooperate with the state board to ensure that:
(1) A portion of the technology integration hours required to apply for the Advanced Credential endorsed for Technology Integration Specialist is offered at each teacher preparation program while students are still working toward their teaching degree;
(2) Teacher education program students are aware of the option of attaining a Technology Integration Specialist Advanced Credential and Temporary Authorization early enough so that they can take advantage of the hours offered; and
(3) Alternative education programs are established by the
teacher preparation programs to assist teachers who have already
received their teaching certification attain the required hours
necessary to earn a Technology Integration Specialist Advanced
Credential. These alternative education programs are separate from
programs required to be established by section one-a of this
article.
(b) The general mission of the Center is to advance the quality of teaching and management in the schools of West Virginia through: (1) The implementation primarily of statewide training, professional staff development, including professional staff development for at least teachers, principals and paraprofessionals, and technical assistance programs and practices as recommended by the State Board to assure the highest quality of teaching and management; and (2) the provision of technical and other assistance and support to regional and local education agencies in identifying and providing high-quality professional staff development, including professional staff development for at least teachers, principals and paraprofessionals, and training programs and implementing best practices to meet their locally identified needs. The Center also may implement local programs if the State Board, in its Master Plan for Professional Staff Development established pursuant to section twenty-three-a, article two, chapter eighteen of this code, determines that there is a specific local need for the programs. Additionally, the Center shall perform other duties assigned to it by law.
Nothing in this article shall be construed to require any specific level of funding by the Legislature.
(c) The Center for Professional Development Board is reconstituted, and all terms of members elected or appointed prior to the effective date of this section are expired. The Center Board shall consist of thirteen persons as follows:
(1) The Secretary of Education and the Arts, ex officio, and the State Superintendent, ex officio, each of whom is:
(A) Entitled to vote; and
(B) A Cochair of the Board.
(2) Two members of the State Board, elected by the State Board;
(3) One person employed by West Virginia University and one person employed by Marshall University, both of whom are:
(A) Appointed by the President of the employing institution;
(B) Faculty in the teacher education section of the employing institution; and
(C) Knowledgeable in matters relevant to the issues addressed by the Center;
(4) One Regional Education Service Agency Executive Director, elected by all of the Regional Education Service Agency Executive Directors;
(5) Three experienced educators, of whom one is a working classroom teacher, one is a school principal and one is a county administrator. All such educators are:
(A) Appointed by the Governor by and with the advice and consent of the Senate;
(B) Experienced educators who have achieved recognition for their superior knowledge, ability and performance in teaching or management, as applicable; and
(C) Knowledgeable in matters relevant to the issues addressed by the Center; and
(6) Three citizens of the state who are:
(A) Knowledgeable in matters relevant to the issues addressed by the Center, including, but not limited to, professional development and management principles; and
(B) Appointed by the Governor by and with the advice and consent of the Senate.
(C) Not more than two such members may be residents within the same congressional district.
(d) Each appointment and election is for a two-year term. Such members may serve no more than two consecutive two-year terms.
(1) The State Board shall elect another member to fill the unexpired term of any person who vacates State Board membership.
(2) The Regional Education Service Agency Executive Directors shall elect an executive director to fill the unexpired term of any executive director who ceases to be employed in that capacity.
(3) Of the initial members appointed by the Governor, three are appointed for one-year terms and three are appointed for two-year terms. Each successive appointment by the Governor is for a two-year term. The Governor shall appoint a new member to fill the unexpired term of any vacancy in the appointed membership.
(4) The President of West Virginia University and Marshall University each appoints an employee to fill the unexpired term of any member who ceases to be employed by that institution.
(e) The Center for Professional Development Board shall meet at least quarterly and the appointed members shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties from funds appropriated or otherwise made available for those purposes upon submission of an itemized statement therefor.
(f) The position of Executive Director is abolished. The Governor shall appoint, by and with the advice and consent of the Senate, a Chief Executive Officer with knowledge and experience in professional development and management principles. Any reference in this code to the Executive Director of the Center for Professional Development means the Chief Executive Officer. From appropriations to the Center for Professional Development, the Center Board sets the salary of the Chief Executive Officer. The Center Board, upon the recommendation of the Chief Executive Officer, may employ other staff necessary to carry out the mission and duties of the Center. The Chief Executive Officer serves at the will and pleasure of the Governor. Annually, the Center Board shall evaluate the Chief Executive Officer, and shall report the results to the Governor. The duties of the Chief Executive Officer include:
(1) Managing the daily operations of the Center;
(2) Ensuring the implementation of the Center's mission;
(3) Ensuring collaboration of the Center with other professional development providers;
(4) Requesting from the Governor and the Legislature any resources or statutory changes that would help in enhancing the collaboration of all professional development providers in the state, in advancing the quality of professional development through any other means or both;
(5) Serving as the chair of the Principals Standards Advisory Council created in section two-c, article three of this chapter and convening regular meetings of this Council to effectuate its purposes; and
(6) Other duties as assigned by the Governor or the Center Board.
(g) When practicable, personnel employed by state higher education agencies and state, regional and county public education agencies shall be made available to the Center to assist in the operation of projects of limited duration, subject to the provisions of section twenty-four, article two, chapter eighteen of this code.
(h) The Center shall assist in the delivery of programs and activities pursuant to this article to meet statewide, and if needed as determined by the goals and Master Plan for Professional Staff Development established by the State Board pursuant to section twenty-three-a, article two, chapter eighteen of this code, the local professional development needs of paraprofessionals, teachers, principals and administrators and may contract with existing agencies or agencies created after the effective date of this section or others to provide training programs in the most efficient manner. Existing programs currently based in agencies of the state shall be continued in the agency of their origin unless the Center establishes a compelling need to transfer or cancel the existing program. The Center shall recommend to the Governor the transfer of funds to the providing agency, if needed, to provide programs approved by the Center.
(i) The Center for Professional Development shall implement training and professional development programs for the Principals Academy based upon the minimum qualities, proficiencies and skills necessary for principals in accordance with the standards established by the State Board pursuant to the terms of section two-c, article three of this chapter.
(j) In accordance with section two-c, article three of this chapter, the Center shall be responsible for paying reasonable and necessary expenses for persons attending the Principals Academy: Provided, That nothing in this section shall be construed to require any specific level of funding by the Legislature.
(k) Persons attending the professional development offerings of the Center and other courses and services offered by the Center for Professional Development, except the Principals Academy shall be assessed fees which shall be less than the full cost of attendance. There is hereby created in the State Treasury a special revenue account known as the "Center for Professional Development Fund". All moneys collected by the Center shall be deposited in the fund for expenditure by the Center Board for the purposes specified in this section. Moneys remaining in the fund at the end of the fiscal year are subject to reappropriation by the Legislature.
(l) The Center Board shall make collaboration with the State Board in providing professional development services in the following areas a priority:
(1) Services to those public schools selected by the State Superintendent pursuant to section three-g, article two-e, chapter eighteen of this code; and
(2) Services in any specific subject matter area that the State Board, the Legislature or both, determine is justified due to a need to increase student achievement in that area.
Subject to the provisions of section twenty-three-a, article two, chapter eighteen of this code, through this project the Center for Professional Development shall:
(1) Identify, coordinate, arrange and otherwise assist in the delivery of professional development programs and activities that help professional educators acquire the knowledge, skills, attitudes, practices and other such pertinent complements considered essential for an individual to demonstrate appropriate performance as a professional person in the public schools of West Virginia. The basis for the performance shall be the laws, policies and regulations adopted for the public schools of West Virginia, and amendments thereto. The center also may permit and encourage school personnel such as classroom aides, higher education teacher education faculty and higher education faculty in programs such as articulated tech prep associate degree and other programs to participate in appropriate professional development programs and activities with public school professional educators;
(2) Identify, coordinate, arrange and otherwise assist in the delivery of professional development programs and activities that help principals and administrators acquire knowledge, skills, attitudes and practices in academic leadership and management principles for principals and administrators and such other pertinent complements considered essential for principals and administrators to demonstrate appropriate performance in the public schools of West Virginia. The basis for the performance shall be the laws, policies and regulations adopted for the public schools of West Virginia, and amendments thereto;
(3) Serve in a coordinating capacity to assure that the knowledge, skills, attitude and other pertinent complements of appropriate professional performance which evolve over time in the public school environment are appropriately reflected in the programs approved for the education of professional personnel, including, but not limited to, advising the teacher education programs of major statutory and policy changes in the public schools which affect the job performance requirements of professional educators, including principals and administrators;
(4) Provide for the routine updating of professional skills of professional educators, including principals and administrators, through in-service and other programs. The routine updating may be provided by the center through statewide or regional institutes which may require a registration fee;
(5) Provide for the routine education of all professional educators, including principals and administrators, and those service personnel having direct contact with students on warning signs and resources to assist in suicide prevention under guidelines established by the state board. The education may be accomplished through self review of suicide prevention materials and resources approved by the state board. The provisions of this paragraph may be known and cited as the "Jason Flatt Act of 2012";
(6) Provide consultation and assistance to county staff development councils established under the provisions of section eight, article three of this chapter in planning, designing, coordinating, arranging for and delivering professional development programs to meet the needs of the professional educators of their district. From legislative appropriations to the center, exclusive of the amounts required for the expenses of the principals academy, the center shall, unless otherwise directed by the Legislature, provide assistance in the delivery of programs and activities to meet the expressed needs of the school districts for professional development to help teachers, principals and administrators demonstrate appropriate performance based on the laws, policies and regulations adopted for the public schools of West Virginia; and
(7) Cooperate and coordinate with the institutions of higher education to provide professional staff development programs that satisfy some or all of the criteria necessary for currently certified professional educators to meet the requirements for an additional endorsement in an area of certification and for certification to teach in the middle school grades.
If the center is not able to reach agreement with the
representatives of the institutions providing teacher education
programs on which courses will be approved for credit toward
additional endorsements, the state board may certify certain
professional staff development courses to meet criteria required by
the state board. This certification shall be done on a course by
course basis.
(1) Training designed to build within principals the minimum qualities, proficiencies and skills that will be required of all principals pursuant to the rules of the State Board;
(2) Specialized training and professional development programs for all principals; and
(3) Specialized training and professional development programs for the following principals:
(A) Newly appointed principals;
(B) Principals whose schools have been designated as seriously impaired, which programs shall commence as soon as practicable following the designation;
(C) Principals subject to improvement plans; and
(D) Principals of schools with significantly different grade level configurations.
(b) The Legislature finds that the quality of the principal of a school is one of the most important factors in determining the academic achievement of students and that well-trained, highly qualified principals should be a priority for the state.
(b) The Legislature further finds that while the Principals Academy has been effective in training quality leaders for the state's public schools, the training provided is such a significant factor in determining their success that a new position is needed to coordinate and focus primarily on the Principals Academy to increase further the quality of the training.
(c) Therefore, from appropriations to the Center for Professional Development, the Center Board shall employ and fix the compensation of the Coordinator of the Principals Academy. The Coordinator serves at the will and pleasure of the Center Board. It is the duty of the Coordinator, subject to direction and oversight by the Center and the Chief Executive Officer, to lead the Principals Academy, to focus primarily on the Principals Academy and to make a continuous effort to enhance further the quality of the training and professional development programs of the Academy. The Center Board, the Chief Executive Officer, or both, may assign duties to the coordinator other than those that relate to the Principals Academy so long as the Coordinator is able to focus primarily on the Principals Academy.
(1) Establish programs that provide education and training in evaluation skills to administrative personnel who will evaluate the employment performance of professional personnel pursuant to the provisions of section twelve, article two of this chapter; and
(2) Establish programs that provide instruction to classroom teachers who will serve as beginning teacher mentors in accordance with the provisions of section two-b, article three of this chapter.
Acts, 2010 Reg. Sess., Ch. 32.
There is established a West Virginia advanced placement center to provide statewide coordination for the continued growth and development of the advanced placement programs in West Virginia high schools. The center will assist the West Virginia department of education, county boards of education, institutions of higher education, the college board, inc., and the West Virginia advanced placement advisory council in all matters relative to the advanced placement in this state.
The specific functions of the center include:
(1) Coordinating advanced placement teacher training institutes;
(2) Establishing a cadre of instructors for the advanced placement teacher training institutes;
(3) Providing follow-up teacher training for advanced placement teachers;
(4) Identifying and obtaining external sources of funding;
(5) Networking advanced placement teachers through an advanced placement newsletter;
(6) Serving as a liaison for the college board and the West Virginia department of education, county boards of education, institutions of higher education, the West Virginia advanced placement advisory council, the Legislature and the governor;
(7) Conducting research and evaluating the state's advanced placement program;
(8) Assisting county boards of education and local schools in establishing, evaluating and maintaining advanced placement programs;
(9) Serving as a clearinghouse for advanced placement materials and correspondence; and
(10) Certify individual courses that meet the established standards of advanced placement programs.
(b) The provisions of this section expire on the first day of July, two thousand six.
The Legislature hereby finds and declares that in order to more fully provide for a thorough and efficient system of free schools within the state it is necessary to establish an educators' professional standards board. The board will be responsible for governing the education profession, including the establishment of standards for entering the education profession, and remaining a member of the education profession. The board shall also establish standards for institutions of higher education engaged in teacher preparation programs.
(a) There is created an educators' professional standards board consisting of nine members appointed by the governor, with the advice and consent of the Senate.
(b) The term of office for each member is three years except that the original term of three members, including not more than one teacher, shall be for one year, and the original term of three members, including not more than two teachers, shall be for two years.
(c) Any member who, through change of employment standing or other circumstances, no longer meets the criteria for the position to which the member was appointed shall no longer be eligible to serve in that position, and the position on the commission shall become vacant sixty days following the member's change in circumstances.
(d) The membership of the educators' professional standards board shall consist of: One classroom teacher currently employed by a county board of education teaching vocational education; one classroom teacher currently employed by a county board of education teaching in an elementary school; one classroom teacher currently employed by a county board of education teaching in a middle school; one classroom teacher currently employed by a county board of education teaching in a secondary school; one classroom teacher currently employed by a county board of education teaching special education; the state superintendent of schools or his or her designee; one elementary school or secondary school principal currently employed by a county board of education; one county superintendent of schools currently employed by a county board of education; and one administrator or faculty member representing a public college or university in West Virginia.
No more than five members of the board may belong to the same political party nor reside in the same congressional district. Members of the board must have been actively engaged in teaching, supervising or administering in the public schools or in approved teacher education institutions in West Virginia for the period of five years immediately preceding appointment. In addition, members appointed to represent classroom teachers under this section must hold valid West Virginia teaching certificates other than permits.
(e) A member of the board shall receive no compensation for his or her services as a member, but subject to any other applicable law regulating travel and other expenses for state officer, he or she shall receive his or her actual and necessary travel and other expenses incurred in the performance of his or her official duties: Provided, That any member who is an employee of a county board of education shall be released by his or her employer to attend board meetings without loss of salary or personal leave.
Prior to the first day of January, one thousand nine hundred ninety-five, the professional standards board shall develop a plan and propose legislation which will expand the powers and duties of the professional standards board to include the following: (1) Establish and maintain standards and requirements for obtaining and maintaining a license for teaching; (2) issue, renew, suspend, and revoke teaching licenses; (3) hear appeals regarding application, renewal, suspension or revocation of licenses; (4) enter into reciprocity agreements to provide for licensing of applicants from other states or nations; (5) set standards, approve, and evaluate teacher preparation programs; (6) adopt standards for examinations and assessments to assure eligibility for licenses to enter the profession of teaching; (7) create other actions that relate to the improvement of instruction through teacher education and professional development and to attract qualified candidates for teacher training from among the citizens of West Virginia; and (8) perform other actions that relate to the improvement of instruction through teacher education and professional development and to attract qualified candidates for teacher training from among the citizens of West Virginia.
On or before the first day of January, one thousand nine hundred ninety-five, the board shall submit copies of the proposed legislation to the governor, president of the Senate, speaker of the House of Delegates and the legislative oversight commission on education accountability.
(a) The Legislature makes the following findings:
(1) Processes set forth in this article for evaluation, teacher induction and professional growth is not intended to make up for substandard initial preparation of teachers, but instead is intended to build on a solid foundation created by the teacher preparation programs. Therefore, the Legislature expects the teacher preparation programs to graduate teachers who can perform at a level that increases student achievement. The Legislature expects that the processes set forth in this article will allow a teacher to excel beyond that level in the classroom;
(2) The comprehensive system of support provided for in this article should be implemented in a way that, as compared with the beginning teacher internship system, much more effectively provides for the professional growth of teachers;
(3) In order for the comprehensive system of support to much more effectively provide for professional growth for teachers, funding should be greatly increased over and above what has been provided for the beginning teacher internship system; and
(4) Although the quality of the teacher in the classroom is extremely important to the academic achievement of students, students cannot learn if they are not in the classroom. Therefore, attending school on a regular basis is of utmost importance to the academic success of students.
(b) The purpose of this article is to create a comprehensive infrastructure that routinely supports a continuous process for improving teaching and learning. Its focus is on developing strong teaching and school leadership, without which effective learning does not occur. The general components of this infrastructure include the following:
(1) High-quality teacher preparation, induction and evaluation;
(2) Universal support for emerging teachers including comprehensive new teacher induction and support for student teachers, teachers teaching in assignments for which they have less than a full professional credential and teacher candidates pursuing certification through an alternative route;
(3) Evaluation of the performance of teachers and leaders in demonstrating high quality professional practice, leadership and collaboration and the resulting growth in student learning;
(4) Focused improvement in teaching and learning through the use of evaluation data to inform the delivery of professional development and additional supports to improve teaching based on the evaluation results and to inform the need for improvements in teacher preparation programs; and
(5) The creation of a leadership culture that seeks and builds powerful alliances among all stakeholders focused on continuous growth in student learning.
(c) For purposes of this article "professional personnel"
includes classroom teachers, assistant principals and principals as
defined in section one, article one chapter eighteen-a of this
code.
(a) The intent of the Legislature is to allow for a multi-step statewide implementation of performance evaluations for professional personnel pursuant to this section consistent with sound educational practices and resources available resulting in full state-wide implementation by no later than the school year 2013-2014. Beginning with the schools included in the evaluation processes for professional personnel piloted by the Department of Education during the 2011-2012 school year, additional schools or school systems shall be subject to the provisions of this article in accordance with a plan established by the state board to achieve full statewide implementation by no later than the school year 2013-2014. For schools and school systems subject to the provisions of this article, the provisions of this article shall govern when they are in conflict with other provisions of this chapter and chapter eighteen of this code. Specifically, the provisions of this article govern for the performance evaluation of classroom teachers, principals and assistant principals employed in these schools and school systems. To the extent that this article conflicts with the provisions of section twelve, article two of this chapter relating to professional personnel performance evaluations, this article shall govern. The state board shall submit a report on its plan for the phased implementation of this article to the Legislative Oversight Commission on Education Accountability at the Commission's July interim meeting in each year of the phased implementation. The report shall include an update on the implementation of this article including, but not limited to the evaluation process and a list of the schools and school systems subject to the provisions of this article. To assist the Legislative Oversight Commission on Education Accountability in monitoring the implementation of this article, the state board shall report to the Commission upon its request throughout the implementation process, including but not limited to, reports on the results of surveys of teachers and principals on the implementation and use of the new evaluation system, the adequacy of the professional development given to employees on the purposes, instruments and procedures of the evaluation process, the time consumed by the evaluation process and the various tasks required for employees of different levels of experience, the aggregate results of the evaluations and any recommendations for changes in the process or other aspects of the duties of affected employees to improve the focus on the core mission of schools of teaching and learning.
(b) Before July 1, 2013, the state board shall adopt a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, for evaluating the performance of each professional person each year. The state board shall submit a draft of the proposed rule to the Legislative Oversight Commission on Education Accountability by February 15, 2013, and a final draft proposed rule prior to adoption. The rule shall provide for performance evaluations of professional personnel to be conducted in accordance with this section in each school and school system beginning with the 2013-14 school year.
(c) (1) The process adopted by the state board for evaluating the performance of classroom teachers shall incorporate at least the following:
(A) Alignment with the West Virginia professional teaching standards adopted by the state board that establish the foundation for educator preparation, teacher assessment and professional development throughout the state;
(B) Employment of the professional teaching standards to provide explicit and extensive measures of the work of teaching and what teachers must know and be able to do and provide evaluative measures of educator performance;
(C) The use of two pieces of evidence at two points in time over the instructional term to demonstrate student learning as an indicator of educator performance; and
(D) The use of school's school-wide student learning growth as measured by the state-wide summative assessment as an evaluative measure of all educators employed in the school.
(2) Eighty percent of the evaluation shall be based on an appraisal of the educator's ability to perform the critical standard elements of the professional teaching standards. The appraisal shall include conferences with the evaluator reinforced through observation. Fifteen percent of the evaluation shall be based on evidence of the learning of the students assigned to the educator in accordance with paragraph (C), subdivision (1) of this subsection, and five percent of the evaluation shall be based on student learning growth measured by the school-wide score on the state summative assessment in accordance with paragraph (D), subdivision (1) of this subsection.
(d) (1) The process adopted by the state board for evaluating the performance of principals and assistant principals shall include at least the following:
(A) Alignment with the West Virginia professional leadership standards adopted by the state board establishing the responsibility of principals for the collective success of their school including the learning, growth and achievement of students, staff and self;
(B) Employment of the professional leadership standards to provide explicit and extensive measures of the work of school leadership focused on the continuous improvement of teaching and learning. The process shall include conferences and goal setting with the superintendent or his or her designee and the use of a survey of stakeholders to assist in identifying the needs and establishing the goals for the school and the principal. The survey shall be distributed to at least the following stakeholders: Students, parents, teachers and service personnel. The evaluative measures shall include the use of data, evidence and artifacts to confirm the principal's performance on achieving the goals established by the principal and superintendent;
(C) The use of two pieces of evidence at two points in time over the instructional term to demonstrate the growth in student learning at the school; and
(D) The use of the school's school-wide student learning growth as measured by the state-wide summative assessment as an evaluative measure of all educators employed in the school.
(2) Eighty percent of the evaluation shall be based on an appraisal of the principal's or the assistant principal's ability to perform the critical standard elements of the professional leadership standards and achieve the goals established for the principal and the school. Fifteen percent of the evaluation shall be based on evidence of the learning of the students assigned to the school in accordance with paragraph (C), subdivision (1) of this subsection, and five percent of the evaluation shall be based on student learning growth measured by the school-wide score on the state summative assessment in accordance with paragraph (D), subdivision (1) of this subsection.
(e) Evaluations of the performance of professional personnel shall serve the following purposes:
(1) Serve as a basis for the improvement of the performance of the professional personnel in their assigned duties;
(2) Serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school-site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
(3) Serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county's schools indicates an area or areas of needed improvement;
(4) Serve as a basis for informing the teacher preparation programs in this state of an area or areas of needed improvement in the programs, or informing a specific program of needed improvement, when state-level aggregate evaluation data indicates that beginning teachers who have graduated from the program have specific weaknesses;
(5) Provide an indicator of level of performance of the professional personnel;
(6) Serve as a basis for programs to increase the professional growth and development of professional personnel; and
(7) Serve as documentation for a dismissal on the grounds of unsatisfactory performance.
(f) The rule adopted by the state board shall include standards for performance of professional personnel and the criteria to be used to determine whether their performance meets the standards. The rule also shall include guidance on best practices for providing time within the school day for teachers subject to performance evaluations under this section to participate in the collaborative mentoring or coaching and planning processes necessary for execution of the performance evaluation process and achieving advanced levels of performance.
(g) The rule adopted by the state board shall include provisions for written improvement plans when necessary to improve the performance of the professional personnel. The written improvement plan shall be specific as to what improvements are needed in the performance of the professional personnel and shall clearly set forth recommendations for improvements including recommendations for additional education and training of professionals subject to recertification. Professional personnel whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan.
(h) A professional person whose performance is considered to be unsatisfactory shall be given written notice of his of her deficiencies. A written improvement plan to correct these deficiencies shall be developed by the employing county board and the employee. The professional person shall be given a reasonable period of time, not exceeding twelve months, to accomplish the requirements of the improvement plan and shall receive a written statement of the resources and assistance available for the purposes of correcting the deficiencies. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional written recommendations for improvement or may recommend the dismissal of the professional personnel in accordance with the provisions of section eight, article two of this chapter.
(i) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating.
(j) Prior to implementation of the evaluation process pursuant
to this section at a school, each affected employee shall be given
training to ensure that the employees have a full understanding of
the purposes, instruments and procedures used in evaluating their
performance. Thereafter, this training shall be held annually at
the beginning of the employment term.
(a) The intent of the Legislature is to allow for a multistep statewide implementation of a comprehensive system of support for building professional practice of beginning teachers, specifically those on the initial and intermediate progressions, consistent with sound educational practices and resources available. In this regard, it is the intent of the Legislature that the transition of schools and school systems to a comprehensive system of support that includes support for improved professional performance targeted on deficiencies identified through the evaluation process will be implemented concurrent with the first year that a school or system receives final evaluation results from the performance evaluation process pursuant to section two of this article. Further, because of significant variability among the counties, not only in the size of their teaching force, distribution of facilities and available resources, but also because of their varying needs, the Legislature intends for the implementation of this section to be accomplished in a manner that provides adequate flexibility to the counties to design and implement a comprehensive system of support for improving professional performance that best achieves the goals of this section within the county. Finally, because of the critical importance of ensuring that all teachers perform at the accomplished level or higher in the delivery of instruction that at least meets the West Virginia professional teaching standards and because achieving this objective at a minimum entails providing assistance to address the needs as indicated by the data informed results of annual performance evaluations, including the self-assessed needs of the teachers themselves, the Legislature expects the highest priority for county, regional and state professional development will be on meeting these needs and that the transition to a comprehensive system of support for improving professional practice will reflect substantial redirection of existing professional development resources toward this highest priority.
(b) On or before July 1, 2012, the state board shall publish guidelines on the design and implementation of a comprehensive system of support for improving professional practice. The purpose of the guidelines is to assist the county board with the design and implementation of a system that best achieves the goals of this section within the county. The guidelines may include examples of best practices and resources available to county boards to assist them with the design and implementation of a comprehensive system.
(c) For schools and school systems subject to the provisions of this article, the provisions of this article govern when they are in conflict with section two-b, article three of this chapter relating to beginning teacher internships, or in conflict with other provisions of this chapter and chapter eighteen of this code.
(d) Effective for the school year beginning July 1, 2013, and thereafter, a county board is not eligible to receive state funding appropriated for the purposes of this section or any other provision of law related to beginning teacher internships and mentor teachers unless it has adopted a plan for implementation of a comprehensive system of support for improving professional practice, the plan has been verified by the state board as meeting the requirements of this section and the county is implementing the plan. The plan shall address the following:
(1) The manner in which the county will provide the strong school-based support and supervision that will assist beginning teachers in developing instructional and management strategies, procedural and policy expertise, and other professional practices they need to be successful in the classroom and perform at the accomplished level. Nothing in this subdivision prohibits a school or school system that was granted an exception or waiver from section two-c, article three of this chapter prior to the effective date of this section from continuing implementation of the program in accordance with the exception or waiver;
(2) The manner in which the county in cooperation with the teacher preparation programs in this state will provide strong school-based support and assistance necessary to make student teaching a productive learning experience;
(3) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school-site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
(4) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county's schools indicates an area or areas of needed improvement;
(5) If a county uses master teachers, mentors, academic coaches or any other approaches using individual employees to provide support, supervision or other professional development or training to other employees for the purpose of improving their professional practice, the manner in which the county will select each of these individual employees based on demonstrated superior performance and competence as well as the manner in which the county will coordinate support for these employees: Provided, That the employment of persons for these positions shall adhere to the posting and other provisions of section seven-a, article four of this chapter utilizing subsection (c) of said section seven-a to judge the qualifications of the applicants. If the duties of the position are to provide mentoring to an individual teacher at only one school, then priority shall being given to applicants employed at the school at which those duties will be performed;
(6) The manner in which the county will use local resources available including, but not limited to, funds for professional development and academic coaches, to focus on the priority professional development goals of this section;
(7) The manner in which the county will adjust its scheduling, use of substitutes, collaborative planning time, calendar or other measures as may be necessary to provide sufficient time for professional personnel to accomplish the goals of this section as set forth in the county's plan; and
(8) The manner in which the county will monitor and evaluate the effectiveness of implementation and outcomes of the county system of support for improving professional practice.
(e) Effective the school year beginning July 1, 2013, and thereafter, appropriations for beginning teacher mentors and any new appropriation which may be made for the purposes of this section shall be expended by county boards only to accomplish the activities as set forth in their county plan pursuant to this section. Effective the school year beginning July 1, 2013, and thereafter, no specific level of compensation is guaranteed for any employee service or employment as a mentor and such service or employment is not subject to the provisions of this code governing extra duty contracts except as provided in subdivision (5), subsection (c) of this section.
(f) The Legislative Oversight Commission on Education
Accountability shall review the progress of the implementation of
this article and may make any recommendations it considers
necessary to the Legislature during the 2013 regular legislative
session.
For the purpose of this article, salaries shall be defined as: (a) "Basic salaries" which shall mean the salaries paid to teachers with zero years of experience and in accordance with the classification of certification and of training of said teachers; and (b) "advanced salaries" which shall mean the basic salary plus an experience increment based on the allowable years of experience of the respective teachers in accordance with the schedule established herein for the applicable classification of certification and of training of said teachers.
"Classification of certification" means the class or type of certificate issued by the state superintendent under the statutory provisions of this chapter. "Classification of training" means the number of collegiate or graduate hours necessary to meet the requirements stipulated in the definitions set forth in the next paragraph in items (2) to (11), inclusive.
The column heads of the state minimum salary schedule set forth in section two of this article are defined as follows:
(1) "Years of experience" means the number of years the teacher has been employed in the teaching profession, including active work in educational positions other than the public schools, and service in the armed forces of the United States if the teacher was under contract to teach at the time of induction. For a registered professional nurse employed by a county board, "years of experience" means the number of years the nurse has been employed as a public school health nurse, including active work in a nursing position related to education, and service in the armed forces if the nurse was under contract with the county board at the time of induction. For the purpose of section two of this article, the experience of a teacher or a nurse shall be limited to that allowed under their training classification as found in the minimum salary schedule.
(2) "Fourth class" means all certificates previously identified as: (a) "Certificates secured by examination"; and (b) "other first grade certificates".
(3) "Third class" means all certificates previously identified as: (a) "Standard normal certificates"; and (b) "third class temporary (sixty-four semester hours) certificates".
(4) "Second class" means all certificates previously identified as "second class temporary certificates based upon the required ninety-six hours of college work".
(5) "A.B." means a bachelor's degree, from an accredited institution of higher education, which has been issued to, or for which the requirements for such have been met by, a person who qualifies for or holds a professional certificate or its equivalent. A registered professional nurse with a bachelor's degree, who is licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board, shall be within this classification for payment in accordance with sections two and two-a of this article.
(6) "A.B. plus 15" means a bachelor's degree as defined above plus fifteen hours of graduate work, from an accredited institution of higher education certified to do graduate work, in an approved planned program at the graduate level which requirements have been met by a person who qualifies for or holds a professional certificate or its equivalent.
(7) "M.A." means a master's degree, earned in an institution of higher education approved to do graduate work, which has been issued to, or the requirements for such have been met by, a person who qualifies for or holds a professional certificate or its equivalent.
(8) "M.A. plus 15" means the above-defined master's degree plus fifteen hours of graduate work, earned in an institution of higher education approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.
(9) "M.A. plus 30" means the above-defined master's degree plus thirty graduate hours, earned in an institution approved to do graduate work, if the person is qualified for or holds aprofessional certificate or its equivalent.
(10) "Doctorate" means a doctor's degree, earned from a university qualified and approved to confer such a degree, which has been issued to or the requirements for such have been met by a person who qualifies for or holds a professional certificate or its equivalent.
For purposes of advanced salary classification, graduate work completed after the first day of July, one thousand nine hundred ninety-four, shall be related to the public school program, as prescribed by the state board.
Notwithstanding the requirements set forth in subdivisions (6), (8) and (9) of this section relating to hours of graduate work at an institution certified to do such work, fifteen undergraduate credit hours from a regionally accredited institution of higher education, earned after the effective date of this section, may be utilized for advanced salary classification if such hours are in accordance with: (a) The teacher's current classification of certification and of training; (b) a designated instructional shortage area documented by the employing county superintendent; or (c) an identified teaching deficiency documented through the state approved county personnel evaluation system.
Effective the first day of July, one thousand nine hundred ninety-four, the following definition shall be applicable.
(11) "M.A. plus 45" means the above-defined master's degree plus forty-five graduate hours, earned in an institution approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.
(a) A registered professional nurse who has completed a two-year nursing program (sixty-four semester hours) shall be paid not less than the salary for a teacher whose classification of training is "third class" as defined in subparagraph (3), section one [§18A-4-1] of this article, such salary to include allowable years of experience, and
(b) A registered professional nurse who has completed a three-year nursing program (ninety-six hours) shall be paid not less than the salary for a teacher whose classification of training is "second class" as defined in subparagraph (4), section one [§18A-4-1] of this article, such salary to include allowable years of experience.
The salary provided under this section and the additional fixed charge payments required therefor shall be paid outside the public school support plan provided for in article nine-a [§§18-9A-1 et seq.], chapter eighteen of this code.
(a) Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
(c) To meet the objective of salary equity among the counties
as set forth in section five of this article, each teacher shall be
paid an equity supplement amount as applicable for his or her
classification of certification or classification of training and
years of experience as follows, subject to the provisions of that
section:
(1) For "4th Class" at zero years of experience, $1,781. An
additional $38 shall be paid for each year of experience up to and
including thirty-five years of experience;
(2) For "3rd Class" at zero years of experience, $1,796. An
additional $67 shall be paid for each year of experience up to and
including thirty-five years of experience;
(3) For "2nd Class" at zero years of experience, $1,877. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(4) For "A. B." at zero years of experience, $2,360. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(5) For "A. B. + 15" at zero years of experience, $2,452. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(6) For "M. A." at zero years of experience, $2,644. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(7) For "M. A. + 15" at zero years of experience, $2,740. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(8) For "M. A. + 30" at zero years of experience, $2,836. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience;
(9) For "M. A. + 45" at zero years of experience, $2,836. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience; and
(10) For "Doctorate" at zero years of experience, $2,927. An
additional $69 shall be paid for each year of experience up to and
including thirty-five years of experience.
These payments: (I) Shall be in addition to any amounts
prescribed in the applicable State Minimum Salary Schedule, any
specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to section
five-a of this article; (ii) shall be paid in equal monthly
installments; and (iii) shall be considered a part of the state
minimum salaries for teachers.
(b) Three thousand five hundred dollars shall be paid annually
to each classroom teacher who holds a valid certificate issued by
the National Board of Professional Teaching Standards for the life
of the certification, but in no event more than ten years for any
one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries
for teachers.
(d) One-half the certification fee shall be paid for
reimbursement once to each teacher who enrolls in the program for
the National Board for Professional Teaching Standards certification and one-half the certification fee shall be paid for
reimbursement once to each teacher who completes the National Board
for Professional Teaching Standards certification. Completion
shall be defined as the completion of ten scorable entries, as
verified by the National Board for Professional Teaching Standards.
Teachers who achieve National Board for Professional Teaching
Standards certification may be reimbursed a maximum of six hundred
dollars for expenses actually incurred while obtaining the National
Board for Professional Teaching Standards certification.
(e) The state board shall limit the number of teachers who
receive the initial reimbursements of the certification fees set
forth in subsection (d) to two hundred teachers annually. The
state board shall establish selection criteria for the teachers by
the legislative rule required pursuant to subsection (g) of this
section.
(f) Subject to the provisions of subsection (e) of this
section, funding for reimbursement of the certification fee and
expenses actually incurred while obtaining the National Board for
Professional Teaching Standards certifications shall be
administered by the state Department of Education from an
appropriation established for that purpose by the Legislature. If
funds appropriated by the Legislature to accomplish the purposes of
this subsection are insufficient, the state department shall
prorate the reimbursements for expenses and shall request of the
Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed
retroactive payments.
(g) The state board shall promulgate legislative rules
pursuant to article three-b, chapter twenty-nine-a of this code to
implement the provisions of this section.
(2) The Legislature finds that the rigorous standards and
processes for advanced certification by either the National Board
of Certified Counselors or the West Virginia Board of Examiners in
Counseling helps to promote the quality of counseling in schools.
Counselors in the public schools of West Virginia should be
encouraged to achieve and maintain the advanced certification
through reimbursement of expenses and a salary bonus that reflects
their additional certification.
(3) The Legislature finds that achieving a nationally recognized professional certification in school psychology involves
a rigorous process of demonstrating competencies in scientific
research-based knowledge and skills. School psychologists provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. Individuals who attain national
professional certification by the National Association of School
Psychologists provide services to students, families and school
systems in this state. School psychologists should be encouraged
to achieve and maintain this national professional certification
through reimbursement of expenses and a salary bonus which reflects
their additional certification.
(4) The Legislature finds that achieving a nationally
recognized professional certification in school nursing involves a
rigorous process of demonstrating competencies in health care and
nursing applications, knowledge and skills. School nurses provide
assessment, counseling and consultation to students, teachers,
school administrators and parents. School nurses who attain
national professional certification by the National Board for
Certification of School Nurses provide services to students,
families and school systems in this state. School nurses should be
encouraged to achieve and maintain this national professional
certification through reimbursement of expenses and a salary bonus
which reflects their additional certification.
(5) Therefore, the purpose of this section is:
(A) To provide a statewide salary supplement for certain professional personnel employed in the public schools who hold
nationally recognized professional certification in speech-language
pathology, audiology, counseling, school psychology or school
nursing;
(B) To treat these professional certifications equally;
(C) To encourage others to attain such a certification; and
(D) To help school systems recruit these highly qualified
professionals.
(b) In addition to any amounts prescribed in the applicable
state minimum salary schedule, any professional personnel who hold
national certification or other credential as provided in this
section shall be paid an annual salary supplement of two thousand
five hundred dollars. The payment is:
(1) To be made in equal monthly installments;
(2) To be considered a part of the state minimum salaries for
teachers; and
(3) To continue for the life of the certification, or for ten
years for any one certification, whichever first expires.
(c) Professional personnel employed as speech-language
pathologists, audiologists, counselors, school psychologists or
school nurses are eligible upon enrollment for reimbursement for
one-half of the fee for certification in accordance with this
section. In addition, these personnel are eligible upon attainment
of the certification for reimbursement of the remainder of the
application fee plus other expenses actually incurred toward attainment of the certification, not exceeding six hundred dollars,
upon approval by the department of education. Not more than one
hundred fifteen speech-language pathologists, audiologists,
counselors, school psychologists and school nurses, combined total,
are eligible for reimbursement in any one fiscal year.
(d) Notwithstanding subsection (b) of this section, for the
school year beginning the first day of July, two thousand eight,
the number of speech-language pathologists, audiologists,
counselors, school psychologists and school nurses paid the annual
salary supplement provided for in said subsection may not exceed
the number of speech-language pathologists, audiologists and
counselors eligible to be paid the annual salary supplement under
the provisions of this section in effect during the school year
beginning the first day of July, two thousand seven, by more than
one hundred fifteen qualified recipients, and the total amount of
qualified recipients may not increase thereafter by more than one
hundred fifteen in each subsequent fiscal year.
(e) The state board shall promulgate a legislative rule
establishing criteria for selection of the individuals eligible for
reimbursement and a salary supplement in accordance with this
section. The selection criteria shall prioritize the length of
time the certification has been held and the years of experience of
the holder in determining eligibility.
(f) The state board shall report the rule to the Legislative
Oversight Commission on Education Accountability by the January, two thousand nine, legislative interim meeting period and shall
report on its progress in developing the rule to the commission
during prior interim meetings as requested.
(g) No provision of this section may be construed to require
any appropriation, or any specific level of appropriation, by the
Legislature, or payment of any supplement or reimbursement
described in this section for which a specific appropriation has
not been made.
(h) Notwithstanding any other provision of this section or the
provisions of section two-a of this article, professional personnel
may not be paid a salary supplement pursuant to the provisions of
both said sections.
(b) State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code.
(c) The salary increment in this section for each principal
shall be determined by multiplying the basic salary for teachers in
accordance with the classification of certification and of training
of the principal as prescribed in this article by the appropriate
percentage rate prescribed in this section according to the number
of teachers supervised.
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE UNTIL JULY 1, 2008
No. of Teachers
Supervised Rates
1-710.0%
8-1410.5%
15-2411.0%
25-3811.5%
39-5712.0%
58 and up12.5%
STATE MINIMUM SALARY INCREMENT
RATES FOR PRINCIPALS
EFFECTIVE ON AND AFTER JULY 1, 2008
No. of Teachers
Supervised Rates
1-711.0%
8-1411.5%
15-2412.0%
25-3812.5%
39-5713.0%
58 and up13.5%
(d) The salary increment in this section for each assistant
principal shall be determined in the same manner as that for
principals using the number of teachers supervised by the principal
under whose direction the assistant principal works, except that
the percentage rate shall be fifty percent of the rate prescribed
for the principal.
(e) Salaries for employment beyond the minimum employment term
shall be at the same daily rate as the salaries for the minimum
employment terms.
(f) For the purpose of determining the number of teachers
supervised by a principal, the county board shall use data for the
second school month of the prior school term and the number of
teachers shall be interpreted to mean the total number of
professional educators assigned to each school on a full-time
equivalency basis: Provided, That if there is a change in
circumstances because of consolidation or catastrophe, the county
board shall determine what is a reasonable number of supervised
teachers in order to establish the appropriate increment percentage
rate.
(g) No county may reduce local funds allocated for salary
increments for principals and assistant principals in effect on the
first day of January, two thousand eight, and used in supplementing
the state minimum salaries as provided in this article, unless
forced to do so by defeat of a special levy, or a loss in assessed
values or events over which it has no control and for which the
county board has received approval from the state board prior to
making the reduction.
(h) Nothing in this section prevents a county board from
providing, in a uniform manner, salary increments greater than
those required by this section.
The state board of education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education, and such
other permits as may be authorized by said board.
On and after the first day of July, one thousand nine hundred
eighty-five, any vocational industrial, technical, occupational
home economics, or health occupations teacher who is required to
hold a vocational certificate and is paid a salary equivalent to
the amount prescribed for "A.B. + 15" training classification in
the state minimum salary schedule for teachers under section two of
this article shall, upon application therefor, receive advanced
salary classification and be entitled to increased compensation on
and after such date in respect to and based upon additional
semester hours, approved by the state board of education and
completed either prior to or subsequent to such date. All such
hours earned must be from a regionally accredited institution of
higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application: Provided,
That any such teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application therefor,
such advanced salary to take effect immediately upon qualification
therefor: Provided, however,
That any vocational teacher receiving
the amount prescribed for the "M.A. + 30" training classification
under prior enactments of this section who have not been issued a
permanent vocational certificate shall not have such salary reduced
as a result of this section: Provided further,
That any teacher
with a vocational certificate and under contract for the school
year one thousand nine hundred eighty-five--eighty-six who has
earned a bachelor's degree prior to the end of such school year
shall be entitled to receive the amount prescribed for the "M.A. +
30" training classification, upon application therefor, for the school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
(a) For the purposes of this section, salary equity among the
counties means that the salary potential of school employees
employed by the various districts throughout the state does not
differ by greater than ten percent between those offering the
highest salaries and those offering the lowest salaries. In the
case of professional educators, the difference shall be calculated
using the average of the professional educator salary schedules,
degree classifications B. A. through doctorate and the years of
experience provided in the most recent state minimum salary
schedule for teachers, in effect in the ten counties offering the
highest salary schedules compared to the lowest salary schedule in
effect among the fifty-five counties. In the case of school
service personnel, the difference shall be calculated utilizing the
average of the school service personnel salary schedules, pay
grades A through H and the years of experience provided in the most
recent state minimum pay scale pay grade for service personnel, in
effect in the ten counties offering the highest salary schedules
compared to the lowest salary schedule in effect among the fifty-
five counties.
(b) To meet the objective of salary equity among the counties,
as defined in subsection (a) of this section, on and after July 1,
1984, subject to available state appropriations and the conditions
set forth herein, each teacher and school service personnel shall
receive an equity supplement amount as specified in sections two
and eight-a, respectively, of this article in addition to the amount from the state minimum salary schedules provided in those
sections.
(c) State funds for this purpose shall be paid within the West
Virginia public school support plan in accordance with article
nine-a, chapter eighteen of this code. The amount allocated for
salary equity shall be apportioned between teachers and school
service personnel in direct proportion to that amount necessary to
support the professional salaries and service personnel salaries
statewide under sections four, five and eight, article nine-a,
chapter eighteen of this code. In the event the Department of
Education determines that the objective of salary equity among the
counties has not been met, it shall include in its budget request
for the public school support plan for the next school year a
request for funding sufficient to meet the objective of salary
equity through an across-the-board increase in the equity
supplement amount of the affected class of employees.
(d) Pursuant to this section, each teacher and service person
shall receive from state funds the equity supplement amount
indicated in subsection (c), section two and subsection (f),
section eight-a of this article, as applicable, reduced by any
amount provided by the county as a salary supplement for teachers
and school service personnel on January 1, 1984.
(e) The amount received pursuant to this section shall not be
decreased as a result of any county supplement increase instituted
after January 1, 1984: Provided, That any amount received pursuant
to this section may be reduced proportionately based upon the
amount of funds appropriated for this purpose. No county may reduce any salary supplement that was in effect on January 1, 1984,
except as permitted by sections five-a and five-b of this article.
County boards of education in fixing the salaries of teachers
shall use at least the state minimum salaries established under the
provisions of this article. The board may establish salary
schedules which shall be in excess of the state minimums fixed by
this article, such county schedules to be uniform throughout the
county as to the classification of training, experience,
responsibility and other requirements.
Counties may fix higher salaries for teachers placed in
special instructional assignments, for those assigned to or
employed for duties other than regular instructional duties, and
for teachers of one-teacher schools, and they may provide
additional compensation for any teacher assigned duties in addition
to the teacher's regular instructional duties wherein such
noninstructional duties are not a part of the scheduled hours of
the regular school day. Uniformity also shall apply to such
additional salary increments or compensation for all persons
performing like assignments and duties within the county: Provided,
That in establishing such local salary schedules, no county shall
reduce local funds allocated for salaries in effect on the first
day of January, one thousand nine hundred ninety, and used in
supplementing the state minimum salaries as provided for in this
article, unless forced to do so by defeat of a special levy, or a
loss in assessed values or events over which it has no control and
for which the county board has received approval from the state
board prior to making such reduction.
Counties may provide, in a uniform manner, benefits for teachers which require an appropriation from local funds including,
but not limited to, dental, optical, health and income protection
insurance, vacation time and retirement plans excluding the state
teachers retirement system. Nothing herein shall prohibit the
maintenance nor result in the reduction of any benefits in effect
on the first day of January, one thousand nine hundred eighty-four,
by any county board of education.
The county board of education may establish salary schedules
which shall be in excess of the state minimums fixed by this
article.
These county schedules shall be uniform throughout the county
with regard to any training classification, experience, years of
employment, responsibility, duties, pupil participation, pupil
enrollment, size of buildings, operation of equipment or other
requirements. Further, uniformity shall apply to all salaries,
rates of pay, benefits, increments or compensation for all persons
regularly employed and performing like assignments and duties
within the county: Provided, That in establishing such local
salary schedules, no county shall reduce local funds allocated for
salaries in effect on the first day of January, one thousand nine
hundred ninety, and used in supplementing the state minimum
salaries as provided for in this article, unless forced to do so by
defeat of a special levy, or a loss in assessed values or events
over which it has no control and for which the county board has
received approval from the state board prior to making such
reduction.
Counties may provide, in a uniform manner, benefits for
service personnel which require an appropriation from local funds
including, but not limited to, dental, optical, health and income
protection insurance, vacation time and retirement plans excluding
the state teachers retirement system. Nothing herein shall
prohibit the maintenance nor result in the reduction of any benefits in effect on the first day of January, one thousand nine
hundred eighty-four, by any county board of education.
Notwithstanding the provisions of section five of this
article, any moneys appropriated and expended for equity that are
in addition to such amounts as were expended for such purpose prior
to the effective date of this section shall be apportioned between
teachers and school service personnel in such proportion as
necessary to align more closely teachers and school service
personnel with their counterparts in the contiguous states:
Provided, That an adequate amount of such funds shall be reserved
to finance the appropriate foundation allowances and staffing
incentives provided for in article nine-a of chapter eighteen.
The state board shall collect information annually from
contiguous states for the purpose of making a thorough and
comprehensive comparison of West Virginia school service personnel
salaries to those in surrounding states, which shall be used as a
guide to align more closely teachers and school service personnel
with their counterparts in the contiguous states.
Notwithstanding any other provisions of this code to the
contrary, for the fiscal year beginning on the first day of July,
one thousand nine hundred ninety only, not less than twenty-seven
million four hundred thousand dollars shall be appropriated and
expended for salary equity among the counties in addition to such
amounts as were expended for such purpose prior to the effective
date of this section: Provided, That for professional educators
each person shall receive a minimum salary equity adjustment of
five hundred thirty-five dollars per year and that for service
personnel each person shall receive a minimum salary equity
adjustment of twenty dollars per month: Provided, however, That
beginning on the first day of July, one thousand nine hundred
ninety, such minimum salary equity adjustments shall be paid
through the appropriate salary schedules pursuant to sections two
and eight-a of this article: Provided further, That the remainder
of the equity money shall be distributed as directed in section
five of this article: And provided further, That an adequate
amount of such funds shall be reserved to finance the appropriate
foundation allowances for fixed charges as provided for in section
six, article nine-a, chapter eighteen of this code: And provided
further, That notwithstanding the provisions of said sections five
and five-c of this article, foundation allowances other than for
fixed charges shall not be financed from such funds.
The pay of a substitute teacher shall not be less than eighty
percent of the daily rate of the state basic salary paid to
teachers: Provided, That any substitute teacher who teaches in
excess of ten consecutive instructional days in the same position
shall, thereafter, not be paid less than eighty percent of the
daily rate of the state advanced salary based upon teaching
experience: Provided, however, That any substitute teacher who
teaches in excess of thirty days in the same position shall be paid
the daily rate of the advanced salary, within that teacher's
county.
(a) A county board of education shall make decisions affecting
the hiring of professional personnel other than classroom teachers
on the basis of the applicant with the highest qualifications.
(b) The county board shall make decisions affecting the hiring
of new classroom teachers on the basis of the applicant with the
highest qualifications.
(c) In judging qualifications for hiring employees pursuant to
subsections (a) and (b) of this section, consideration shall be
given to each of the following:
(1) Appropriate certification, licensure or both;
(2) Amount of experience relevant to the position; or, in the
case of a classroom teaching position, the amount of teaching
experience in the subject area;
(3) The amount of course work, degree level or both in the
relevant field and degree level generally;
(4) Academic achievement;
(5) Relevant specialized training;
(6) Past performance evaluations conducted pursuant to section
twelve, article two of this chapter; and
(7) Other measures or indicators upon which the relative
qualifications of the applicant may fairly be judged.
(d) If one or more permanently employed instructional
personnel apply for a classroom teaching position and meet the
standards set forth in the job posting, the county board of
education shall make a decision affecting the filling of the position on the basis of the following criteria:
(1) Appropriate certification, licensure or both;
(2) Total amount of teaching experience;
(3) The existence of teaching experience in the required
certification area;
(4) Degree level in the required certification area;
(5) Specialized training directly related to the performance
of the job as stated in the job description;
(6) Receiving an overall rating of satisfactory in the
previous two evaluations conducted pursuant to section twelve,
article two of this chapter; and
(7) Seniority.
(e) In filling positions pursuant to subsection (d) of this
section, consideration shall be given to each criterion with each
criterion being given equal weight. If the applicant with the most
seniority is not selected for the position, upon the request of the
applicant a written statement of reasons shall be given to the
applicant with suggestions for improving the applicant's
qualifications.
(f) With the exception of guidance counselors, the seniority
of classroom teachers, as defined in section one, article one of
this chapter shall be determined on the basis of the length of time
the employee has been employed as a regular full-time certified
and/or licensed professional educator by the county board of
education and shall be granted in all areas that the employee is
certified, licensed or both.
(g) Upon completion of one hundred thirty-three days of employment in any one school year, substitute teachers, except
retired teachers and other retired professional educators employed
as substitutes, shall accrue seniority exclusively for the purpose
of applying for employment as a permanent, full-time professional
employee. One hundred thirty-three days or more of said employment
shall be prorated and shall vest as a fraction of the school year
worked by the permanent, full-time teacher.
(h) Guidance counselors and all other professional employees,
as defined in section one, article one of this chapter, except
classroom teachers, shall gain seniority in their nonteaching area
of professional employment on the basis of the length of time the
employee has been employed by the county board of education in that
area: Provided, That if an employee is certified as a classroom
teacher, the employee accrues classroom teaching seniority for the
time that that employee is employed in another professional area.
For the purposes of accruing seniority under this paragraph,
employment as principal, supervisor or central office
administrator, as defined in section one, article one of this
chapter, shall be considered one area of employment.
(I) Employment for a full employment term shall equal one year
of seniority, but no employee may accrue more than one year of
seniority during any given fiscal year. Employment for less than
the full employment term shall be prorated. A random selection
system established by the employees and approved by the board shall
be used to determine the priority if two or more employees
accumulate identical seniority: Provided, That when two or more
principals have accumulated identical seniority, decisions on reductions in force shall be based on qualifications.
(j) Whenever a county board is required to reduce the number
of professional personnel in its employment, the employee with the
least amount of seniority shall be properly notified and released
from employment pursuant to the provisions of section two, article
two of this chapter. The provisions of this subsection are subject
to the following:
(1) All persons employed in a certification area to be reduced
who are employed under a temporary permit shall be properly
notified and released before a fully certified employee in such a
position is subject to release;
(2) An employee subject to release shall be employed in any
other professional position where the employee is certified and was
previously employed or to any lateral area for which the employee
is certified, licensed or both, if the employee's seniority is
greater than the seniority of any other employee in that area of
certification, licensure or both;
(3) If an employee subject to release holds certification,
licensure or both in more than one lateral area and if the
employee's seniority is greater than the seniority of any other
employee in one or more of those areas of certification, licensure
or both, the employee subject to release shall be employed in the
professional position held by the employee with the least seniority
in any of those areas of certification, licensure or both; and
(4) If, prior to August 1, of the year a reduction in force is
approved, the reason for any particular reduction in force no
longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force
or transfer and shall notify the released employee in writing of
his or her right to be restored to his or her position of
employment. Within five days of being so notified, the released
employee shall notify the board, in writing, of his or her intent
to resume his or her position of employment or the right to be
restored shall terminate. Notwithstanding any other provision of
this subdivision, if there is another employee on the preferred
recall list with proper certification and higher seniority, that
person shall be placed in the position restored as a result of the
reduction in force being rescinded.
(k) For the purpose of this article, all positions which meet
the definition of "classroom teacher" as defined in section one,
article one of this chapter shall be lateral positions. For all
other professional positions, the county board of education shall
adopt a policy by October 31, 1993, and may modify the policy
thereafter as necessary, which defines which positions shall be
lateral positions. The board shall submit a copy of its policy to
the state board within thirty days of adoption or any modification,
and the state board shall compile a report and submit the report to
the Legislative Oversight Commission on Education Accountability by
December 31, 1993, and by that date in any succeeding year in which
any county board submits a modification of its policy relating to
lateral positions. In adopting the policy, the board shall give
consideration to the rank of each position in terms of title;
nature of responsibilities; salary level; certification, licensure
or both; and days in the period of employment.
(l) After the twentieth day prior to the beginning of the
instructional term, no person employed and assigned to a
professional position may transfer to another professional position
in the county during that instructional term unless the person
holding that position does not have valid certification. The
provisions of this subsection are subject to the following:
(1) The person may apply for any posted, vacant positions with
the successful applicant assuming the position at the beginning of
the next instructional term;
(2) Professional personnel who have been on an approved leave
of absence may fill these vacancies upon their return from the
approved leave of absence;
(3) The county board, upon recommendation of the
superintendent may fill a position before the next instructional
term when it is determined to be in the best interest of the
students. The county superintendent shall notify the state board
of each transfer of a person employed in a professional position to
another professional position after the twentieth day prior to the
beginning of the instructional term;
(4) The provisions of this subsection do not apply to the
filling of a position vacated because of resignation or retirement
that became effective on or before the twentieth day prior to the
beginning of the instructional term, but not posted until after
that date; and
(5) The Legislature finds that it is not in the best interest
of the students particularly in the elementary grades to have
multiple teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the
filling of positions through transfers of personnel from one
professional position to another after the twentieth day prior to
the beginning of the instructional term should be kept to a
minimum.
(m) All professional personnel whose seniority with the county
board is insufficient to allow their retention by the county board
during a reduction in work force shall be placed upon a preferred
recall list. As to any professional position opening within the
area where they had previously been employed or to any lateral area
for which they have certification, licensure or both, the employee
shall be recalled on the basis of seniority if no regular, full-
time professional personnel, or those returning from leaves of
absence with greater seniority, are qualified, apply for and accept
the position.
(n) Before position openings that are known or expected to
extend for twenty consecutive employment days or longer for
professional personnel may be filled by the board, the board shall
be required to notify all qualified professional personnel on the
preferred list and give them an opportunity to apply, but failure
to apply shall not cause the employee to forfeit any right to
recall. The notice shall be sent by certified mail to the last
known address of the employee, and it shall be the duty of each
professional personnel to notify the board of continued
availability annually, of any change in address or of any change in
certification, licensure or both.
(o) Openings in established, existing or newly created positions shall be processed as follows:
(1) Boards shall be required to post and date notices which
shall be subject to the following:
(A) The notices shall be posted in conspicuous working places
for all professional personnel to observe for at least five working
days;
(B) The notice shall be posted within twenty working days of
the position openings and shall include the job description;
(C) Any special criteria or skills that are required by the
position shall be specifically stated in the job description and
directly related to the performance of the job;
(D) Postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of
qualified applicants may apply; and
(E) Job postings may not require criteria which are not
necessary for the successful performance of the job and may not be
written with the intent to favor a specific applicant;
(2) No vacancy shall be filled until after the five-day
minimum posting period;
(3) If one or more applicants meets the qualifications listed
in the job posting, the successful applicant to fill the vacancy
shall be selected by the board within thirty working days of the
end of the posting period;
(4) A position held by a teacher who is certified, licensed or
both, who has been issued a permit for full-time employment and is
working toward certification in the permit area shall not be
subject to posting if the certificate is awarded within five years; and
(5) Nothing provided herein shall prevent the county board of
education from eliminating a position due to lack of need.
(p) Notwithstanding any other provision of the code to the
contrary, where the total number of classroom teaching positions in
an elementary school does not increase from one school year to the
next, but there exists in that school a need to realign the number
of teachers in one or more grade levels, kindergarten through six,
teachers at the school may be reassigned to grade levels for which
they are certified without that position being posted: Provided,
That the employee and the county board of education mutually agree
to the reassignment.
(q) Reductions in classroom teaching positions in elementary
schools shall be processed as follows:
(1) When the total number of classroom teaching positions in
an elementary school needs to be reduced, the reduction shall be
made on the basis of seniority with the least senior classroom
teacher being recommended for transfer; and
(2) When a specified grade level needs to be reduced and the
least senior employee in the school is not in that grade level, the
least senior classroom teacher in the grade level that needs to be
reduced shall be reassigned to the position made vacant by the
transfer of the least senior classroom teacher in the school
without that position being posted: Provided, That the employee is
certified, licensed or both and agrees to the reassignment.
(r) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus and shall be liable to any party prevailing against the board for court costs and
reasonable attorney fees as determined and established by the
court. Further, employees denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactive to the date of the violation and
payable entirely from local funds. Further, the board shall be
liable to any party prevailing against the board for any court
reporter costs including copies of transcripts.
(s) The county board shall compile, update annually on July 1
and make available by electronic or other means to all employees a
list of all professional personnel employed by the county, their
areas of certification and their seniority.
(a) A professional employee shall begin to accrue seniority
upon commencement of the employee's duties.
(b) An employee shall receive seniority credit for each day
the employee is professionally employed regardless of whether the
employee receives pay for that day: Provided, That no employee
shall receive seniority credit for any day the employee is
suspended without pay pursuant to section eight, article two of
this chapter: Provided, however, That an employee who is on an
approved leave of absence shall accrue seniority during the period
of time that the employee is on the approved leave of absence.
(c) Any professional employee whose employment with a county
board of education is terminated either voluntarily or through a
reduction-in-force shall, upon reemployment with the same board of education in a regular full-time position, receive credit for all
seniority previously accumulated with the board of education at the
date the employee's employment was terminated.
(d) Any professional employee whose employment has been
terminated through reduction in force and whose name is on the
preferred recall list shall retain all accumulated seniority for
the purpose of seeking reemployment with the county from which he
or she was terminated and nothing in this section may be construed
to the contrary.
(e) Any professional employee employed for a full employment
term but in a part-time position shall receive seniority credit for
each day of employment prorated to the proportion of a full
employment day the employee is required to work: Provided, That
nothing herein allows a regular full-time employee to be credited
with less than a full day of seniority credit for each day the
employee is employed by the board: Provided, however, That this
calculation of seniority for part-time professional personnel is
prospective and does not reduce any seniority credit accumulated by
any employee prior to the effective date of this section: Provided
further, That for the purposes of this section a part-time employee
shall be defined as an employee who is employed less than three and
one-half hours per day.
(b) Service personnel employed on a yearly or twelve-month
basis may be employed by calendar months. Whenever there is a
change in job assignment during the school year, the minimum pay
scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for
more than the two hundred-day minimum employment term shall be paid
for additional employment at a daily rate of not less than the
daily rate paid for the two hundred-day minimum employment term.
(d) A service person may not be required to report for work
more than five days per week without his or her agreement, and no
part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If a service person whose regular work week is scheduled
from Monday through Friday agrees to perform any work assignments
on a Saturday or Sunday, the service person shall be paid for at
least one-half day of work for each day he or she reports for work. If the service person works more than three and one-half hours on
any Saturday or Sunday, he or she shall be paid for at least a full
day of work for each day.
(f) A custodian, aide, maintenance, office and school lunch
service person required to work a daily work schedule that is
interrupted shall be paid additional compensation in accordance
with this subsection.
(1) A maintenance person means a person who holds a
classification title other than in a custodial, aide, school lunch,
office or transportation category as provided in section one,
article one of this chapter.
(2) A service person's schedule is considered to be
interrupted if he or she does not work a continuous period in one
day. Aides are not regarded as working an interrupted schedule
when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this
subsection:
(A) Is equal to at least one-eighth of a service person's
total salary as provided by the state minimum pay scale and any
county pay supplement; and
(B) Is payable entirely from county board funds.
(g) When there is a change in classification or when a service
person meets the requirements of an advanced classification, his or
her salary shall be made to comply with the requirements of this
article and any county salary schedule in excess of the minimum requirements of this article, based upon the service person's
advanced classification and allowable years of employment.
(h) A service person's contract, as provided in section five,
article two of this chapter, shall state the appropriate monthly
salary the employee is to be paid, based on the class title as
provided in this article and on any county salary schedule in
excess of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class
titles, set forth in section eight-a of this article, are defined
as follows:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "Years of employment" means the number of years which an
employee classified as a service person has been employed by a
county board in any position prior to or subsequent to the
effective date of this section and includes service in the Armed
Forces of the United States, if the employee was employed at the
time of his or her induction. For the purpose of section eight-a
of this article, years of employment is limited to the number of
years shown and allowed under the state minimum pay scale as set
forth in section eight-a of this article;
(3) "Class title" means the name of the position or job held
by a service person;
(4) "Accountant I" means a person employed to maintain payroll
records and reports and perform one or more operations relating to a phase of the total payroll;
(5) "Accountant II" means a person employed to maintain
accounting records and to be responsible for the accounting process
associated with billing, budgets, purchasing and related
operations;
(6) "Accountant III" means a person employed in the county
board office to manage and supervise accounts payable, payroll
procedures, or both;
(7) "Accounts payable supervisor" means a person employed in
the county board office who has primary responsibility for the
accounts payable function and who either has completed twelve
college hours of accounting courses from an accredited institution
of higher education or has at least eight years of experience
performing progressively difficult accounting tasks.
Responsibilities of this class title may include supervision of
other personnel;
(8) "Aide I" means a person selected and trained for a
teacher-aide classification such as monitor aide, clerical aide,
classroom aide or general aide;
(9) "Aide II" means a service person referred to in the "Aide
I" classification who has completed a training program approved by
the state board, or who holds a high school diploma or has received
a general educational development certificate. Only a person
classified in an Aide II class title may be employed as an aide in
any special education program;
(10) "Aide III" means a service person referred to in the
"Aide I" classification who holds a high school diploma or a
general educational development certificate; and
(A) Has completed six semester hours of college credit at an
institution of higher education; or
(B) Is employed as an aide in a special education program and
has one year's experience as an aide in special education;
(11) "Aide IV" means a service person referred to in the "Aide
I" classification who holds a high school diploma or a general
educational development certificate; and
(A) Has completed eighteen hours of state board-approved
college credit at a regionally accredited institution of higher
education, or
(B) Has completed fifteen hours of state board-approved
college credit at a regionally accredited institution of higher
education; and has successfully completed an in-service training
program determined by the state board to be the equivalent of three
hours of college credit;
(12) "Audiovisual technician" means a person employed to
perform minor maintenance on audiovisual equipment, films, and
supplies and who fills requests for equipment;
(13) "Auditor" means a person employed to examine and verify
accounts of individual schools and to assist schools and school
personnel in maintaining complete and accurate records of their
accounts;
(14) "Autism mentor" means a person who works with autistic
students and who meets standards and experience to be determined by
the state board. A person who has held or holds an aide title and
becomes employed as an autism mentor shall hold a
multiclassification status that includes both aide and autism
mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means a person
employed to provide braille and/or sign language assistance to
students. A service person who has held or holds an aide title and
becomes employed as a braille or sign language specialist shall
hold a multiclassification status that includes both aide and
braille or sign language specialist title, in accordance with
section eight-b of this article;
(16) "Bus operator" means a person employed to operate school
buses and other school transportation vehicles as provided by the
state board;
(17) "Buyer" means a person employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs;
(18) "Cabinetmaker" means a person employed to construct
cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means a person employed to direct the
operation of a food services program in a school, including
assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high
standards of sanitation, preparing financial reports and keeping
records pertinent to food services of a school;
(20) "Carpenter I" means a person classified as a carpenter's
helper;
(21) "Carpenter II" means a person classified as a journeyman
carpenter;
(22) "Chief mechanic" means a person employed to be
responsible for directing activities which ensure that student
transportation or other county board-owned vehicles are properly
and safely maintained;
(23) "Clerk I" means a person employed to perform clerical
tasks;
(24) "Clerk II" means a person employed to perform general
clerical tasks, prepare reports and tabulations and operate office
machines;
(25) "Computer operator" means a qualified person employed to
operate computers;
(26) "Cook I" means a person employed as a cook's helper;
(27) "Cook II" means a person employed to interpret menus and
to prepare and serve meals in a food service program of a school.
This definition includes a service person who has been employed as
a "Cook I" for a period of four years;
(28) "Cook III" means a person employed to prepare and serve
meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school
system;
(29) "Crew leader" means a person employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(30) "Custodian I" means a person employed to keep buildings
clean and free of refuse;
(31) "Custodian II" means a person employed as a watchman or
groundsman;
(32) "Custodian III" means a person employed to keep buildings
clean and free of refuse, to operate the heating or cooling systems
and to make minor repairs;
(33) "Custodian IV" means a person employed as head
custodians. In addition to providing services as defined in
"custodian III," duties may include supervising other custodian
personnel;
(34) "Director or coordinator of services" means an employee
of a county board who is assigned to direct a department or
division.
(A) Nothing in this subdivision prohibits a professional
person or a professional educator from holding this class title;
(B) Professional personnel holding this class title may not be
defined or classified as service personnel unless the professional
person held a service personnel title under this section prior to
holding the class title of "director or coordinator of services."
(C) The director or coordinator of services shall be
classified either as a professional person or a service person for
state aid formula funding purposes;
(D) Funding for the position of director or coordinator of
services is based upon the employment status of the director or
coordinator either as a professional person or a service person;
and
(E) A person employed under the class title "director or
coordinator of services" may not be exclusively assigned to perform
the duties ascribed to any other class title as defined in this
subsection: Provided, That nothing in this paragraph prohibits a
person in this position from being multiclassified;
(35) "Draftsman" means a person employed to plan, design and
produce detailed architectural/engineering drawings;
(36) "Electrician I" means a person employed as an apprentice
electrician helper or one who holds an electrician helper license
issued by the State Fire Marshal;
(37) "Electrician II" means a person employed as an
electrician journeyman or one who holds a journeyman electrician
license issued by the State Fire Marshal;
(38) "Electronic technician I" means a person employed at the
apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means a person employed at the
journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means a person employed as secretary to the county school superintendent or as a secretary who
is assigned to a position characterized by significant
administrative duties;
(41) "Food services supervisor" means a qualified person who
is not a professional person or professional educator as defined in
section one, article one of this chapter. The food services
supervisor is employed to manage and supervise a county school
system's food service program. The duties include preparing
in-service training programs for cooks and food service employees,
instructing personnel in the areas of quantity cooking with economy
and efficiency and keeping aggregate records and reports;
(42) "Foreman" means a skilled person employed to supervise
personnel who work in the areas of repair and maintenance of school
property and equipment;
(43) "General maintenance" means a person employed as a helper
to skilled maintenance employees and to perform minor repairs to
equipment and buildings of a county school system;
(44) "Glazier" means a person employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(45) "Graphic artist" means a person employed to prepare
graphic illustrations;
(46) "Groundsman" means a person employed to perform duties
that relate to the appearance, repair and general care of school
grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning
duties in buildings;
(47) "Handyman" means a person employed to perform routine
manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means a person
employed at the apprentice level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(49) "Heating and air conditioning mechanic II" means a person
employed at the journeyman level to install, repair and maintain
heating and air conditioning plants and related electrical
equipment;
(50) "Heavy equipment operator" means a person employed to
operate heavy equipment;
(51) "Inventory supervisor" means a person employed to
supervise or maintain operations in the receipt, storage, inventory
and issuance of materials and supplies;
(52) "Key punch operator" means a qualified person employed to
operate key punch machines or verifying machines;
(53) "Licensed practical nurse" means a nurse, licensed by the
West Virginia Board of Examiners for Licensed Practical Nurses,
employed to work in a public school under the supervision of a
school nurse;
(54) "Locksmith" means a person employed to repair and
maintain locks and safes;
(55) "Lubrication man" means a person employed to lubricate
and service gasoline or diesel-powered equipment of a county school
system;
(56) "Machinist" means a person employed to perform machinist
tasks which include the ability to operate a lathe, planer, shaper,
threading machine and wheel press. A person holding this class
title also should have the ability to work from blueprints and
drawings;
(57) "Mail clerk" means a person employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail;
(58) "Maintenance clerk" means a person employed to maintain
and control a stocking facility to keep adequate tools and supplies
on hand for daily withdrawal for all school maintenance crafts;
(59) "Mason" means a person employed to perform tasks
connected with brick and block laying and carpentry tasks related
to these activities;
(60) "Mechanic" means a person employed to perform skilled
duties independently in the maintenance and repair of automobiles,
school buses and other mechanical and mobile equipment to use in a
county school system;
(61) "Mechanic assistant" means a person employed as a
mechanic apprentice and helper;
(62) "Multiclassification" means a person employed to perform
tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be
the higher pay grade of the class titles involved;
(63) "Office equipment repairman I" means a person employed as
an office equipment repairman apprentice or helper;
(64) "Office equipment repairman II" means a person
responsible for servicing and repairing all office machines and
equipment. A person holding this class title is responsible for
the purchase of parts necessary for the proper operation of a
program of continuous maintenance and repair;
(65) "Painter" means a person employed to perform duties
painting, finishing and decorating wood, metal and concrete
surfaces of buildings, other structures, equipment, machinery and
furnishings of a county school system;
(66) "Paraprofessional" means a person certified pursuant to
section two-a, article three of this chapter to perform duties in
a support capacity including, but not limited to, facilitating in
the instruction and direct or indirect supervision of students
under the direction of a principal, a teacher or another designated
professional educator.
(A) A person employed on the effective date of this section in
the position of an aide may not be subject to a reduction in force
or transferred to create a vacancy for the employment of a
paraprofessional;
(B) A person who has held or holds an aide title and becomes
employed as a paraprofessional shall hold a multiclassification status that includes both aide and paraprofessional titles in
accordance with section eight-b of this article; and
(C) When a service person who holds an aide title becomes
certified as a paraprofessional and is required to perform duties
that may not be performed by an aide without paraprofessional
certification, he or she shall receive the paraprofessional title
pay grade;
(67) "Payroll supervisor" means a person employed in the
county board office who has primary responsibility for the payroll
function and who either has completed twelve college hours of
accounting from an accredited institution of higher education or
has at least eight years of experience performing progressively
difficult accounting tasks. Responsibilities of this class title
may include supervision of other personnel;
(68) "Plumber I" means a person employed as an apprentice
plumber and helper;
(69) "Plumber II" means a person employed as a journeyman
plumber;
(70) "Printing operator" means a person employed to operate
duplication equipment, and to cut, collate, staple, bind and shelve
materials as required;
(71) "Printing supervisor" means a person employed to
supervise the operation of a print shop;
(72) "Programmer" means a person employed to design and
prepare programs for computer operation;
(73) "Roofing/sheet metal mechanic" means a person employed to
install, repair, fabricate and maintain roofs, gutters, flashing
and duct work for heating and ventilation;
(74) "Sanitation plant operator" means a person employed to
operate and maintain a water or sewage treatment plant to ensure
the safety of the plant's effluent for human consumption or
environmental protection;
(75) "School bus supervisor" means a qualified person:
(A) Employed to assist in selecting school bus operators and
routing and scheduling school buses, operate a bus when needed,
relay instructions to bus operators, plan emergency routing of
buses and promote good relationships with parents, students, bus
operators and other employees; and
(B) Certified to operate a bus or previously certified to
operate a bus;
(76) "Secretary I" means a person employed to transcribe from
notes or mechanical equipment, receive callers, perform clerical
tasks, prepare reports and operate office machines;
(77) "Secretary II" means a person employed in any elementary,
secondary, kindergarten, nursery, special education, vocational or
any other school as a secretary. The duties may include performing
general clerical tasks; transcribing from notes, stenotype,
mechanical equipment or a sound-producing machine; preparing
reports; receiving callers and referring them to proper persons;
operating office machines; keeping records and handling routine correspondence. Nothing in this subdivision prevents a service
person from holding or being elevated to a higher classification;
(78) "Secretary III" means a person assigned to the county
board office administrators in charge of various instructional,
maintenance, transportation, food services, operations and health
departments, federal programs or departments with particular
responsibilities in purchasing and financial control or any person
who has served for eight years in a position which meets the
definition of "secretary II" or "secretary III";
(79) "Supervisor of maintenance" means a skilled person who is
not a professional person or professional educator as defined in
section one, article one of this chapter. The responsibilities
include directing the upkeep of buildings and shops, and issuing
instructions to subordinates relating to cleaning, repairs and
maintenance of all structures and mechanical and electrical
equipment of a county board;
(80) "Supervisor of transportation" means a qualified person
employed to direct school transportation activities properly and
safely, and to supervise the maintenance and repair of vehicles,
buses and other mechanical and mobile equipment used by the county
school system. After July 1, 2010, all persons employed for the
first time in a position with this classification title or in a
multi-classification position that includes this title shall have
five years of experience working in the transportation department
of a county board. Experience working in the transportation department shall consist of serving as a bus operator, bus aide,
assistant mechanic, mechanic, chief mechanic or in a clerical
position within the transportation department;
(81) "Switchboard operator-receptionist" means a person
employed to refer incoming calls, to assume contact with the
public, to direct and to give instructions as necessary, to operate
switchboard equipment and to provide clerical assistance;
(82) "Truck driver" means a person employed to operate light
or heavy duty gasoline and diesel-powered vehicles;
(83) "Warehouse clerk" means a person employed to be
responsible for receiving, storing, packing and shipping goods;
(84) "Watchman" means a person employed to protect school
property against damage or theft. Additional assignments may
include operation of a small heating plant and routine cleaning
duties;
(85) "Welder" means a person employed to provide acetylene or
electric welding services for a school system; and
(86) "WVEIS data entry and administrative clerk" means a
person employed to work under the direction of a school principal
to assist the school counselor or counselors in the performance of
administrative duties, to perform data entry tasks on the West
Virginia Education Information System, and to perform other
administrative duties assigned by the principal.
(j) Notwithstanding any provision in this code to the
contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, each service person
is entitled to all service personnel employee rights, privileges
and benefits provided under this or any other chapter of this code
without regard to the employee's hours of employment or the methods
or sources of compensation.
(k) A service person whose years of employment exceeds the
number of years shown and provided for under the state minimum pay
scale set forth in section eight-a of this article may not be paid
less than the amount shown for the maximum years of employment
shown and provided for in the classification in which he or she is
employed.
(l) Each county board shall review each service person's job
classification annually and shall reclassify all service persons as
required by the job classifications. The state superintendent may
withhold state funds appropriated pursuant to this article for
salaries for service personnel who are improperly classified by the
county boards. Further, the state superintendent shall order a
county board to correct immediately any improper classification
matter and, with the assistance of the Attorney General, shall take
any legal action necessary against any county board to enforce the
order.
(m) Without his or her written consent, a service person may
not be:
(1) Reclassified by class title; or
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay,
compensation or benefits earned during the current fiscal year; or
for which he or she would qualify by continuing in the same job
position and classification held during that fiscal year and
subsequent years.
(n) Any county board failing to comply with the provisions of
this article may be compelled to do so by mandamus and is liable to
any party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
(o) Notwithstanding any provision of this code to the
contrary, a service person who holds a continuing contract in a
specific job classification and who is physically unable to perform
the job's duties as confirmed by a physician chosen by the
employee, shall be given priority status over any employee not
holding a continuing contract in filling other service personnel
job vacancies if the service person is qualified as provided in
section eight-e of this article.
(p) Any person employed in an aide position on the effective
date of this section may not be transferred or subject to a
reduction in force for the purpose of creating a vacancy for the
employment of a licensed practical nurse.
(q) Without the written consent of the service person, a
county board may not establish the beginning work station for a bus
operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the
bus operator or transportation aide commences at the bus at the
designated beginning work station and ends when the employee is
able to leave the bus at the designated beginning work station,
unless he or she agrees otherwise in writing. The application or
acceptance of a posted position may not be construed as the written
consent referred to in this subsection.
(r) Itinerant status means a service person who does not have
a fixed work site and may be involuntarily reassigned to another
work site. A service person is considered to hold itinerant status
if he or she has bid upon a position posted as itinerant or has
agreed to accept this status. A county board may establish
positions with itinerant status only within the aide and autism
mentor classification categories and only when the job duties
involve exceptional students. A service person with itinerant
status may be assigned to a different work site upon written notice
ten days prior to the reassignment without the consent of the
employee and without posting the vacancy. A service person with
itinerant status may be involuntarily reassigned no more than twice
during the school year. At the conclusion of each school year, the
county board shall post and fill, pursuant to section eight-b of
this article, all positions that have been filled without posting
by a service person with itinerant status. A service person who is
assigned to a beginning and ending work site and travels at the
expense of the county board to other work sites during the daily schedule, shall not be considered to hold itinerant status.
(a) The minimum monthly pay for each service employee shall be
as follows:
(1) Beginning July 1, 2011, and continuing thereafter, the
minimum monthly pay for each service employee whose employment is
for a period of more than three and one-half hours a day shall be
at least the amounts indicated in the State Minimum Pay Scale Pay
Grade and the minimum monthly pay for each service employee whose
employment is for a period of three and one-half hours or less a
day shall be at least one half the amount indicated in the State
Minimum Pay Scale Pay Grade set forth in this subdivision.
(2) Each service employee shall receive the amount prescribed
in the Minimum Pay Scale in accordance with the provisions of this
subsection according to their class title and pay grade as set
forth in this subdivision:
CLASS TITLE PAY GRADE
Accountant I D
Accountant II E
Accountant III F
Accounts Payable Supervisor G
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor F
Braille or Sign Language Specialist E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Licensed Practical Nurse F
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
Paraprofessional F
Payroll Supervisor G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator G
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
WVEIS Data Entry and Administrative Clerk B
(b) An additional $12 per month shall be added to the minimum
monthly pay of each service employee who holds a high school
diploma or its equivalent.
(c) An additional $11 per month also shall be added to the
minimum monthly pay of each service employee for each of the
following:
(1) A service employee who holds twelve college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(2) A service employee who holds twenty-four college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(3) A service employee who holds thirty-six college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(4) A service employee who holds forty-eight college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(5) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(6) A service employee who holds seventy-two college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(7) A service employee who holds eighty-four college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(8) A service employee who holds ninety-six college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(9) A service employee who holds one hundred eight college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(10) A service employee who holds one hundred twenty college
hours or comparable credit obtained in a trade or vocational school
as approved by the state board;
(d) An additional $40 per month also shall be added to the
minimum monthly pay of each service employee for each of the
following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional $11 per month shall be added to the minimum
monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus
fifteen college hours;
(2) A service employee who holds a master's degree plus
fifteen college hours;
(3) A service employee who holds a master's degree plus thirty
college hours;
(4) A service employee who holds a master's degree plus forty-
five college hours; and
(5) A service employee who holds a master's degree plus sixty
college hours.
(f) To meet the objective of salary equity among the counties,
each service employee shall be paid an equity supplement, as set forth in section five of this article, of $152 per month, subject
to the provisions of that section. These payments: (I) Shall be in
addition to any amounts prescribed in the applicable State Minimum
Pay Scale Pay Grade, any specific additional amounts prescribed in
this section and article and any county supplement in effect in a
county pursuant to section five-b of this article; (ii) shall be
paid in equal monthly installments; and (iii) shall be considered
a part of the state minimum salaries for service personnel.
(g) When any part of a school service employee's daily shift
of work is performed between the hours of six o'clock p. m. and
five o'clock a. m. the following day, the employee shall be paid no
less than an additional $10 per month and one half of the pay shall
be paid with local funds.
(h) Any service employee required to work on any legal school
holiday shall be paid at a rate one and one-half times the
employee's usual hourly rate.
(i) Any full-time service personnel required to work in excess
of their normal working day during any week which contains a school
holiday for which they are paid shall be paid for the additional
hours or fraction of the additional hours at a rate of one and one-
half times their usual hourly rate and paid entirely from county
board funds.
(j) No service employee may have his or her daily work
schedule changed during the school year without the employee's
written consent and the employee's required daily work hours may
not be changed to prevent the payment of time and one-half wages or
the employment of another employee.
(k) The minimum hourly rate of pay for extra duty assignments
as defined in section eight-b of this article shall be no less than
one seventh of the employee's daily total salary for each hour the
employee is involved in performing the assignment and paid entirely
from local funds: Provided, That an alternative minimum hourly
rate of pay for performing extra duty assignments within a
particular category of employment may be used if the alternate
hourly rate of pay is approved both by the county board and by the
affirmative vote of a two-thirds majority of the regular full-time
employees within that classification category of employment within
that county: Provided, however, That the vote shall be by secret
ballot if requested by a service person within that classification
category within that county. The salary for any fraction of an
hour the employee is involved in performing the assignment shall be
prorated accordingly. When performing extra duty assignments,
employees who are regularly employed on a one-half day salary basis
shall receive the same hourly extra duty assignment pay computed as
though the employee were employed on a full-day salary basis.
(l) The minimum pay for any service personnel employees
engaged in the removal of asbestos material or related duties
required for asbestos removal shall be their regular total daily
rate of pay and no less than an additional $3 per hour or no less
than $5 per hour for service personnel supervising asbestos removal
responsibilities for each hour these employees are involved in
asbestos-related duties. Related duties required for asbestos
removal include, but are not limited to, travel, preparation of the
work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the
site. If any member of an asbestos crew is engaged in asbestos
related duties outside of the employee's regular employment county,
the daily rate of pay shall be no less than the minimum amount as
established in the employee's regular employment county for
asbestos removal and an additional $30 per each day the employee is
engaged in asbestos removal and related duties. The additional pay
for asbestos removal and related duties shall be payable entirely
from county funds. Before service personnel employees may be used
in the removal of asbestos material or related duties, they shall
have completed a federal Environmental Protection Act approved
training program and be licensed. The employer shall provide all
necessary protective equipment and maintain all records required by
the Environmental Protection Act.
(m) For the purpose of qualifying for additional pay as
provided in section eight, article five of this chapter, an aide
shall be considered to be exercising the authority of a supervisory
aide and control over pupils if the aide is required to supervise,
control, direct, monitor, escort or render service to a child or
children when not under the direct supervision of a certified
professional person within the classroom, library, hallway,
lunchroom, gymnasium, school building, school grounds or wherever
supervision is required. For purposes of this section, "under the
direct supervision of a certified professional person" means that
certified professional person is present, with and accompanying the
aide.
(b) Qualifications means the applicant holds a classification
title in his or her category of employment as provided in this
section and is given first opportunity for promotion and filling
vacancies. Other employees then shall be considered and shall
qualify by meeting the definition of the job title that relates to
the promotion or vacancy, as defined in section eight of this
article. If requested by the employee, the county board shall show
valid cause why a service person with the most seniority is not
promoted or employed in the position for which he or she applies.
Qualified applicants shall be considered in the following order:
(1) Regularly employed service personnel who hold a
classification title within the classification category of the
vacancy;
(2) Service personnel who have held a classification title
within the classification category of the vacancy whose employment
has been discontinued in accordance with this section;
(3) Regularly employed service personnel who do not hold a
classification title within the classification category of vacancy;
(4) Service personnel who have not held a classification title
within the classification category of the vacancy and whose
employment has been discontinued in accordance with this section;
(5) Substitute service personnel who hold a classification
title within the classification category of the vacancy;
(6) Substitute service personnel who do not hold a
classification title within the classification category of the
vacancy; and
(7) New service personnel.
(c) The county board may not prohibit a service person from
retaining or continuing his or her employment in any positions or
jobs held prior to the effective date of this section and
thereafter.
(d) A promotion means any change in employment that the
service person considers to improve his or her working circumstance
within the classification category of employment.
(1) A promotion includes a transfer to another classification
category or place of employment if the position is not filled by an
employee who holds a title within that classification category of
employment.
(2) Each class title listed in section eight of this article
is considered a separate classification category of employment for
service personnel, except for those class titles having Roman
numeral designations, which are considered a single classification
of employment:
(A) The cafeteria manager class title is included in the same
classification category as cooks;
(B) The executive secretary class title is included in the
same classification category as secretaries;
(C) Paraprofessional, autism mentor and braille or sign
language specialist class titles are included in the same
classification category as aides; and
(D) The mechanic assistant and chief mechanic class titles are
included in the same classification category as mechanics.
(3) The assignment of an aide to a particular position within
a school is based on seniority within the aide classification
category if the aide is qualified for the position.
(4) Assignment of a custodian to work shifts in a school or
work site is based on seniority within the custodian classification
category.
(e) For purposes of determining seniority under this section
a service person's seniority begins on the date that he or she
enters into the assigned duties.
(f) Extra-duty assignments. --
(1) For the purpose of this section, "extra-duty assignment"
means an irregular job that occurs periodically or occasionally
such as, but not limited to, field trips, athletic events, proms,
banquets and band festival trips.
(2) Notwithstanding any other provisions of this chapter to
the contrary, decisions affecting service personnel with respect to extra-duty assignments are made in the following manner:
(A) A service person with the greatest length of service time
in a particular category of employment is given priority in
accepting extra duty assignments, followed by other fellow
employees on a rotating basis according to the length of their
service time until all employees have had an opportunity to perform
similar assignments. The cycle then is repeated.
(B) An alternative procedure for making extra-duty assignments
within a particular classification category of employment may be
used if the alternative procedure is approved both by the county
board and by an affirmative vote of two-thirds of the employees
within that classification category of employment.
(g) County boards shall post and date notices of all job
vacancies of existing or newly created positions in conspicuous
places for all school service personnel to observe for at least
five working days.
(1) Posting locations include any website maintained by or
available for the use of the county board.
(2) Notice of a job vacancy shall include the job description,
the period of employment, the work site, the starting and ending
time of the daily shift, the amount of pay and any benefits and
other information that is helpful to prospective applicants to
understand the particulars of the job. The notice of a job vacancy
in the aide classification categories shall include the program or
primary assignment of the position. Job postings for vacancies made pursuant to this section shall be written to ensure that the
largest possible pool of qualified applicants may apply. Job
postings may not require criteria which are not necessary for the
successful performance of the job and may not be written with the
intent to favor a specific applicant.
(3) After the five-day minimum posting period, all vacancies
shall be filled within twenty working days from the posting date
notice of any job vacancies of existing or newly created positions.
(4) The county board shall notify any person who has applied
for a job posted pursuant to this section of the status of his or
her application as soon as possible after the county board makes a
hiring decision regarding the posted position.
(h) All decisions by county boards concerning reduction in
work force of service personnel shall be made on the basis of
seniority, as provided in this section.
(i) The seniority of a service person is determined on the
basis of the length of time the employee has been employed by the
county board within a particular job classification. For the
purpose of establishing seniority for a preferred recall list as
provided in this section, a service person who has been employed in
one or more classifications retains the seniority accrued in each
previous classification.
(j) If a county board is required to reduce the number of
service personnel within a particular job classification, the
following conditions apply:
(1) The employee with the least amount of seniority within
that classification or grades of classification is properly
released and employed in a different grade of that classification
if there is a job vacancy;
(2) If there is no job vacancy for employment within that
classification or grades of classification, the service person is
employed in any other job classification which he or she previously
held with the county board if there is a vacancy and retains any
seniority accrued in the job classification or grade of
classification.
(k) After a reduction in force or transfer is approved, but
prior to August 1, a county board in its sole and exclusive
judgment may determine that the reason for any particular reduction
in force or transfer no longer exists.
(1) If the board makes this determination, it shall rescind
the reduction in force or transfer and notify the affected employee
in writing of the right to be restored to his or her former
position of employment.
(2) The affected employee shall notify the county board of his
or her intent to return to the former position of employment within
five days of being notified or lose the right to be restored to the
former position.
(3) The county board may not rescind the reduction in force of
an employee until all service personnel with more seniority in the
classification category on the preferred recall list have been offered the opportunity for recall to regular employment as
provided in this section.
(4) If there are insufficient vacant positions to permit
reemployment of all more senior employees on the preferred recall
list within the classification category of the service person who
was subject to reduction in force, the position of the released
service person shall be posted and filled in accordance with this
section.
(l) If two or more service persons accumulate identical
seniority, the priority is determined by a random selection system
established by the employees and approved by the county board.
(m) All service personnel whose seniority with the county
board is insufficient to allow their retention by the county board
during a reduction in work force are placed upon a preferred recall
list and shall be recalled to employment by the county board on the
basis of seniority.
(n) A service person placed upon the preferred recall list
shall be recalled to any position openings by the county board
within the classification(s) where he or she had previously been
employed, to any lateral position for which the service person is
qualified or to a lateral area for which a service person has
certification and/or licensure.
(o) A service person on the preferred recall list does not
forfeit the right to recall by the county board if compelling
reasons require him or her to refuse an offer of reemployment by the county board.
(p) The county board shall notify all service personnel on the
preferred recall list of all position openings that exist from time
to time. The notice shall be sent by certified mail to the last
known address of the service person. Each service person shall
notify the county board of any change of address.
(q) No position openings may be filled by the county board,
whether temporary or permanent, until all service personnel on the
preferred recall list have been properly notified of existing
vacancies and have been given an opportunity to accept
reemployment.
(r) A service person released from employment for lack of need
as provided in sections six and eight-a, article two of this
chapter is accorded preferred recall status on July 1 of the
succeeding school year if he or she has not been reemployed as a
regular employee.
(s) A county board failing to comply with the provisions of
this article may be compelled to do so by mandamus and is liable to
any party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
(1) A service person denied promotion or employment in
violation of this section shall be awarded the job, pay and any
applicable benefits retroactively to the date of the violation and
shall be paid entirely from local funds.
(2) The county board is liable to any party prevailing against
the board for any court reporter costs including copies of
transcripts.
Professional and service personnel employed by a multi-county
vocational center shall establish seniority on the basis of the
length of time the employee has been employed by the multi-county
vocational center, except that any professional or service
personnel whose employment with the multi-county vocational center
was immediately preceded by employment with one of the county
boards participating in the operation of the center or whose
employment contract was with one of the county boards participating
in the operation of the center (1) shall retain any seniority
accrued during employment by said county board; (2) shall accrue
seniority as a regular employee with said county board during
employment with the center; (3) shall attain continuing contract
status with both the county and the center if the sum of the years
employed by the county and the center equals the statutory number
required for continuing contract status; and (4) shall retain and
continue to accrue county and center seniority in the event of
reemployment by said participating county as a result of direct
transfer from the center or recall from the preferred list.
Reductions in work force in the center or employment by the
center or county board shall be made in accordance with the
provisions of sections seven-a and eight-b of this article:
Provided, That only years of employment within the multi-county
vocational center shall be considered for purposes of reduction in
force within the center.
The seniority conferred herein shall apply retroactively to all affected professional and service personnel, but the rights
incidental thereto shall commence as of the effective date of this
section.
Where two or more counties join together to share the services
of central office administrative personnel, any employee whose
services are no longer needed by virtue of such sharing may have
his or her contract terminated for lack of need, as provided in
sections two and six, article two of this chapter, notwithstanding
any provision of this code to the contrary. Any employee whose
contract is so terminated shall be afforded all rights pursuant to
section eight-b of this article.
(a) The State Board shall develop and make available
competency tests for all of the classification titles defined in
section eight of this article and listed in section eight-a of this
article for service personnel. Each classification title defined
and listed is considered a separate classification category of
employment for service personnel and has a separate competency
test, except for those class titles having Roman numeral
designations, which are considered a single classification of
employment and have a single competency test.
(1) The cafeteria manager class title is included in the same
classification category as cooks and has the same competency test.
(2) The executive secretary class title is included in the
same classification category as secretaries and has the same
competency test.
(3) The classification titles of chief mechanic, mechanic and
assistant mechanic are included in one classification title and
have the same competency test.
(b) The purpose of these tests is to provide county boards a
uniform means of determining whether school service personnel who
do not hold a classification title in a particular category of
employment meet the definition of the classification title in
another category of employment as defined in section eight of this
article. Competency tests may not be used to evaluate employees
who hold the classification title in the category of their
employment.
(c) The competency test consists of an objective written or
performance test, or both. Applicants may take the written test
orally if requested. Oral tests are recorded mechanically and kept
on file. The oral test is administered by persons who do not know
the applicant personally.
(1) The performance test for all classifications and
categories other than bus operator is administered by an employee
of the county board or an employee of a multicounty vocational
school that serves the county at a location designated by the
superintendent and approved by the board. The location may be a
vocational school that serves the county.
(2) A standard passing score is established by the state
Department of Education for each test and is used by county boards.
(3) The subject matter of each competency test is commensurate
with the requirements of the definitions of the classification
titles as provided in section eight of this article. The subject
matter of each competency test is designed in such a manner that
achieving a passing grade does not require knowledge and skill in
excess of the requirements of the definitions of the classification
titles. Achieving a passing score conclusively demonstrates the
qualification of an applicant for a classification title.
(4) Once an employee passes the competency test of a
classification title, the applicant is fully qualified to fill
vacancies in that classification category of employment as provided
in section eight-b of this article and may not be required to take
the competency test again.
(d) An applicant who fails to achieve a passing score is given other opportunities to pass the competency test when applying for
another vacancy within the classification category.
(e) Competency tests are administered to applicants in a
uniform manner under uniform testing conditions. County boards are
responsible for scheduling competency tests, notifying applicants
of the date and time of the one day of training prior to taking the
test, and the date and time of the test. County boards may not use
a competency test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the
work schedule of a school employee who has applied for a vacancy,
the employee is excused from work to take the competency test
without loss of pay.
(g) A minimum of one day of appropriate in-service training is
provided to employees to assist them in preparing to take the
competency tests.
(h) Competency tests are used to determine the qualification
of new applicants seeking initial employment in a particular
classification title as either a regular or substitute employee.
(I) Notwithstanding any provisions in this code to the
contrary, once an employee holds or has held a classification title
in a category of employment, that employee is considered qualified
for the classification title even though that employee no longer
holds that classification.
(j) The requirements of this section do not alter the
definitions of class titles as provided in section eight of this
article or the procedure and requirements of section eight-b of
this article.
(k) Notwithstanding any other provision of this code to the
contrary and notwithstanding any rules of the School Board
concerning school bus operator certification, the certification
test for school bus operators shall be required as follows, and
school bus operators may not be required to take the certification
test more frequently:
(1) For substitute school bus operators and for school bus
operators with regular employee status but on a probationary
contract, the certification test shall be administered annually;
(2) For school bus operators with regular employee status and
continuing contract status, the certification test shall be
administered triennially; and
(3) For substitute school bus operators who are retired from
a county board and who at the time of retirement had ten years of
experience as a regular full-time bus operator, the certification
test shall be administered triennially.
(4) School bus operator certificate. --
(A) A school bus operator certificate may be issued to a
person who has attained the age of twenty-one, completed the
required training set forth in State Board rule, and met the
physical requirements and other criteria to operate a school bus
set forth in State Board rule.
(B) The State Superintendent may, after ten days' notice and
upon proper evidence, revoke the certificate of any bus operator
for any of the following causes:
(i) Intemperance, untruthfulness, cruelty or immorality;
(ii) Conviction of or guilty plea or plea of no contest to a felony charge;
(iii) Conviction of or guilty plea or plea of no contest to
any charge involving sexual misconduct with a minor or a student;
(iv) Just and sufficient cause for revocation as specified by
State Board rule; and
(v) Using fraudulent, unapproved or insufficient credit to
obtain the certificates.
(vi) Of the causes for certificate revocation listed in this
paragraph (B), the following causes constitute grounds for
revocation only if there is a rational nexus between the conduct of
the bus operator and the performance of the job:
(I) Intemperance, untruthfulness, cruelty or immorality;
(II) Just and sufficient cause for revocation as specified by
State Board rule; and
(III) Using fraudulent, unapproved or insufficient credit to
obtain the certificate.
(C) The certificate of a bus operator may not be revoked for
either of the following unless it can be proven by clear and
convincing evidence that the bus operator has committed one of the
offenses listed in this subsection and his or her actions render
him or her unfit to operate a school bus:
(i) Any matter for which the bus operator was disciplined,
less than dismissal, by the employing county board; or
(ii) Any matter for which the bus operator is meeting or has
met an improvement plan determined by the county board.
(D) The State Superintendent shall designate a review panel to
conduct hearings on certificate revocations or denials and make recommendations for action by the State Superintendent. The State
Board, after consultation with employee organizations representing
school service personnel, shall promulgate a rule to establish the
review panel membership and composition, method of appointment,
governing principles and meeting schedule.
(E) It is the duty of any county superintendent who knows of
any acts on the part of a bus operator for which a certificate may
be revoked in accordance with this section to report the same,
together with all the facts and evidence, to the State
Superintendent for such action as in the State Superintendent's
judgment may be proper.
(F) If a certificate has been granted through an error,
oversight or misinformation, the State Superintendent may recall
the certificate and make such corrections as will conform to the
requirements of law and State Board rules.
(5) The State Board shall promulgate in accordance with
article three-b, chapter twenty-nine-a of this code, revised rules
in compliance with this subsection.
(b) Each year a consolidation or merger is proposed, prior to
the implementation of that plan, the superintendent shall cause to
be prepared and distributed to all faculty senates and to all
schools or other work sites a ballot on which teachers and service
personnel may indicate whether or not they desire those affected by
school closings to be given priority status in filling new
positions. A secret ballot election shall be conducted:
(1) In each faculty senate for classroom teachers. The
faculty senate chair shall convey the results of the election to
the superintendent; and
(2) At each school or work site for school service personnel.
The service personnel supervisor at each school or work site shall
convey the results of the election to the superintendent.
(c) The superintendent shall tabulate and post all results
prior to the notice requirements for reduction in force and transfer as outlined in sections two and seven, article two of this
chapter. The total number of votes shall be tabulated separately
for classroom teachers and for service personnel. The provisions
of this section also shall be implemented separately as follows:
(1) For classroom teachers only if a majority of the total
number of teachers who cast a ballot vote to do so; and
(2) For school service personnel only if a majority of the
total number of service personnel who cast a ballot vote to do so.
(d) If a majority approves, the teachers or school service
personnel in the school or schools to be closed have priority in
filling new positions in the new or merged schools for which the
teachers are certified or for which the school service personnel
are qualified and meet the standards set forth in the job posting
on the basis of seniority within the county. A teacher or school
service person may receive priority for filling a position at a
school affected by a merger or consolidation only for the position
being created by the influx of students from a consolidated or
merged school into the school receiving students from their closed
school or grade level.
(1) The most senior teacher from the closed school or schools
shall be placed first, the second most senior shall be placed next
and so on until all the newly created positions are filled, or
until all the teachers in the closed school or schools who wish to
transfer into the newly created positions are placed.
(2) The most senior service person from the closed school or schools has priority in filling any position within his or her
classification category. The second most senior service person
from the closed school or schools then has priority in filling
remaining vacancies and so on until all available positions are
filled.
(3) If there are fewer new positions in the newly created
school or merged school than there are classroom teachers or school
service personnel from the school or schools to be closed, the
teachers or school service personnel who were not placed in the new
positions retain the same rights as all other teachers or service
personnel with regard to seniority, transfer and reduction in
force.
(4) This section does not grant any employee additional rights
or protections with regard to reduction in force.
(e) For the purposes of this section only:
(1) A consolidation means that one or more schools are closed,
or one or more grade levels are removed from one or more schools,
and the students who previously attended the closed schools or
grade levels are assigned to a new school.
(2) A merger means that one or more schools are closed or one
or more grade levels are removed from one or more schools and the
students who previously attended the closed schools or grade levels
are assigned to another existing school.
(f) The provisions of this section do not apply to positions
that are filled by a county board prior to the effective date of this section, as reenacted during the regular session of the
Legislature, two thousand seven.
(1) Begins on the date the employee enters upon regular
employment duties pursuant to a contract as provided in section
five, article two of this chapter;
(2) Continues until the service person's employment as a
regular employee is severed with the county board; and
(3) Does not cease to accumulate when the county board has
authorized an absence whether without pay or due to illness or
other reason over which the employee has no control.
(b) Seniority accumulation for a substitute service person:
(1) Begins on the date the employee enters upon the duties of
a substitute as provided in section fifteen of this article, after
executing with the county board a contract of employment as
provided in section five, article two of this chapter; and
(2) Continues until the employee enters into the duties of a
regular employment contract as provided in section five, article
two of this chapter; or employment as a substitute service person
with the county board is severed.
(c) Seniority of a regular or substitute service person does
not continue to accumulate under the following conditions:
(1) When a service person is willfully absent from employment
duties because of a concerted work stoppage or strike; or
(2) When a service person is suspended without pay.
(d) For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within
particular classification categories of employment as those
classification categories are referred to in section eight-e of
this article.
(e) When implementing a reduction in force, the service person
with the least seniority within a particular classification
category shall be properly released and placed on the preferred
recall list. The particular classification title held by a service
person within the classification category may not be considered
when implementing a reduction in force.
(f) On or before the first day of September and the fifteenth
day of January of each school year, county boards shall post at
each county school or working station the current seniority list or
lists of each service personnel classification. Each list shall
contain the name of each regularly employed school service person
employed in each classification and the date that each employee
began performing his or her assigned duties in each classification.
Current seniority lists of substitute school service personnel
shall be available to employees upon request at the county board
office.
(g) The seniority of a service person who transfers out of a
class title or classification category of employment and
subsequently returns to that class title or classification category
of employment is calculated as follows:
(1) The county board shall establish the number of calendar
days between the date the service person left the class title or
category of employment in question and the date of return to the
class title or classification category of employment.
(2) This number of days shall be added to the service person's
initial seniority date to establish a new beginning seniority date
within the class title or classification category.
(3) The service person then shall be considered as having held
uninterrupted service within the class title or classification
category from the newly established seniority date.
The seniority of an employee who has had a break in the
accumulation of seniority as a result of being willfully absent
from employment duties because of a concerted work stoppage or
strike shall be calculated in the same manner.
(h) Beginning on the first day of July, two thousand seven, a
substitute school service person shall acquire regular employment
status, but not regular employee job bidding rights or regular
seniority, if the employee receives a position pursuant to the
leave of absence or suspension provisions of subdivisions (2) and
(5), subsection (a), section fifteen of this article.
(1) A substitute service person shall accumulate substitute
employee seniority while holding a position acquired pursuant to
subsections (2) and (5).
(2) Upon termination of the regular service person's leave of
absence or suspension, the substitute service person shall return to the status previously held.
(3) County boards are not prohibited from providing any
benefits of regular employment for substitute service personnel,
but the benefits may not include regular service personnel employee
status or seniority.
(i) If two or more service personnel accumulate identical
seniority, the priority shall be determined by a random selection
system established by the service personnel and approved by the
county board.
(1) A board shall conduct the random selection within thirty
days of the time the service personnel establish an identical
seniority date. All service personnel with an identical seniority
date within the same class title or classification category shall
participate in the random selection.
(2) As long as the affected employees hold identical seniority
within the same classification category, the initial random
selection conducted by the board shall be permanent for the
duration of the employment within the same classification category
of the employees by the board. This random selection priority
applies to the filling of vacancies and to the reduction in force
of school service personnel.
(3) If any other service person subsequently acquires
seniority identical to the employees involved in the original
random selection, a second random selection shall be held within
thirty days to determine the seniority ranking of the new employee within the group.
(A) The priority between the employees who participated in the
original random selection remains the same.
(B) The second random selection is performed by placing
numbered pieces of paper equal to the number of employees with
identical seniority in a container. Any service person who was not
involved in the original random selection shall draw a number from
the container which will determine his or her seniority within the
group as a whole.
(C) This process will be repeated if any additional service
person subsequently acquires identical seniority.
(D) The same process shall be used if any additional service
person is subsequently discovered to have the same seniority as the
original group of employees but who did not participate in the
original random selection due to oversight or mistake.
(j) Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in the
same classification category of employment shall be given first
opportunity to fill the vacancy.
(k) Seniority acquired as a substitute service person and as
a regular service person shall be calculated separately and may not
be combined for any purpose. Seniority acquired within different
classification categories shall be calculated separately. If a
school service employee applies for a position outside of the
classification category he or she currently holds, and if the vacancy is not filled by an applicant within the classification
category of the vacancy, the applicant shall combine all regular
employment seniority acquired for the purpose of bidding on the
position.
(l) A school service person who holds a multiclassification
title accrues seniority in each classification category of
employment that the employee holds and is considered an employee of
each classification category contained within his or her
multiclassification title. A multiclassified service person is
subject to reduction in force in any category of employment
contained within his or her multiclassification title, based upon
the seniority accumulated within that category of employment. If
a multiclassified service person is subject to a reduction in force
in one classification category, the service person retains
employment in any of the other classification categories that he or
she holds within his or her multiclassification title. In that
case, the county board shall delete the appropriate classification
title or classification category from the contract of the
multiclassified employee.
(m) When applying to fill a vacancy outside the classification
categories held by a multiclassified service person, seniority
acquired simultaneously in different classification categories is
calculated as if accrued in one classification category only.
(n) The seniority conferred in this section applies
retroactively to all affected school service personnel, but the rights incidental to the seniority commence as of the effective
date of this section.
Upon the effective date of this section, no school service
personnel shall be permitted to become employed in more than one
regular full-day position, nor more than two one-half day positions
at the same time: Provided, That nothing herein shall be construed
to prohibit a school service personnel from holding an
extracurricular assignment or assignments, as provided in section
sixteen of this article, or summer positions, as provided in
section thirty-nine, article five, chapter eighteen of this code,
nor from performing extra-duty assignments, as provided in section
eight-b of this article, in addition to his or her regular
position.
Notwithstanding any other provisions of this code to the
contrary, if students are required to attend school in a county
other than the county of their residence as a result of an
intercounty transfer arrangement, then the following terms, rules
and procedures shall apply:
(a) For the purposes of this section, the following terms have
the following meanings:
(1) "Intercounty transfer arrangement" means those cases in
which students are required to attend school in a county other than
the county of their residence;
(2) "Receiving county" means the county, other than the county
of residence, where students are required to attend school; and
(3) "Sending county" means the county of residence of students
involved in intercounty transfer arrangements.
(b) The state board shall determine the number of professional
educator and school service personnel positions to be created in
facilities receiving students or in any facility affected by an
intercounty transfer arrangement. The state board shall prepare a
certified list of positions and shall provide the list to both the
sending and receiving counties involved in the intercounty transfer
arrangement.
(c) The state board shall prepare a certified list containingthe names and seniority of the professional educators and service
personnel in the sending county whose employment has been
terminated as a result of an intercounty transfer arrangement.
Those eligible to appear on the certified list shall be limited to
the following classifications of employees:
(1) Those persons whose positions were eliminated as a direct
result of an intercounty transfer arrangement and: (i) Who choose
not to exercise their right to displace another employee with
lesser seniority; or (ii) whose seniority is insufficient to allow
them to displace other employees; and
(2) Those persons, as determined by the state board, who would
have retained a position with the sending county if the intercounty
transfer arrangement had not occurred.
(d) The receiving county may not fill any position on the list
of positions created pursuant to the provisions of subsection (b)
of this section until the receiving county has received the list of
employees created pursuant to the provisions of subsection (c) of
this section. When the receiving county has been provided copies
of both the certified list of positions and the certified list of
employees, the receiving county shall begin filling the vacancies
by selecting employees from the certified list. In filling these
positions, the receiving county shall comply with all provisions of
law relevant to the filling of professional educator or service
personnel vacancies.
(e) For the remainder of the school year immediately followingthe effective date of an intercounty transfer arrangement, but in
no case less than six months, the receiving county may fill
positions on the certified list of positions only by selecting
employees from the certified list of employees.
(f) For the purposes of this section only, professional
educators and service personnel whose names appear on the certified
list of employees created pursuant to the provisions of subsection
(c) of this section and who are hired by the county board of the
receiving county shall accrue seniority in both the sending and the
receiving counties during the time in which they continue to be
employed by the county board of the receiving county.
(g) The state board shall promulgate legislative rules to
implement the provisions of this section pursuant to the provisions
of article three-b, chapter twenty-nine-a of this code. The rules
shall be filed with the office of the secretary of state no later
than the first day of October, one thousand nine hundred
ninety-seven.
Teachers and all other employees whose salaries or wages are
payable out of the school current fund shall be paid for their
services by orders duly signed by the president and secretary of
the board in accordance with the following provisions:
Notwithstanding any other provisions of this chapter and chapter
eighteen, the number of pays to be made during the school year to
the various classes of employees shall be determined by the board:
Provided, That the sum of such pays for any employee does not
exceed the equivalent of an annual salary based upon twelve
calendar months. In the event a teacher or other employee is not
paid the full salary or wage earned in the fiscal year in which the
work is performed, the unpaid amount may be paid during July and
August of the following fiscal year. Adjustments for time loss due
to absence may be made in the next paycheck following such time
loss.
The county board may withhold the pay of any teacher or
employee until he has made the reports required by the board or the
state superintendent.
Accompanying the pay of each employee shall be an accounting
of gross earnings, all withholdings and the dollar value of all
benefits provided by the state on behalf of the employee.
(1) At the beginning of the employment term, any full-time
employee of a county board is entitled annually to at least one and
one-half days personal leave for each employment month or major
fraction thereof in the employee's employment term. Unused leave
shall be accumulative without limitation and is transferable within
the state. A change in job assignment during the school year does
not affect the employee's rights or benefits.
(2) A regular full-time employee who is absent from assigned
duties due to accident, sickness, death in the immediate family, or
life threatening illness of the employee's spouse, parents or
child, or other cause authorized or approved by the board, shall be
paid the full salary from his or her regular budgeted salary
appropriation during the period which the employee is absent, but
not to exceed the total amount of leave to which the employee is
entitled.
(3) Each employee is permitted to use three days of leave
annually without regard to the cause for the absence. Personal
leave without cause may not be used on consecutive work days unless
authorized or approved by the employee's principal or immediate
supervisor, as appropriate. The employee shall give notice of
leave without cause to the principal or immediate supervisor at
least twenty-four hours in advance, except that in the case of sudden and unexpected circumstances, notice shall be given as soon
as reasonably practicable. The principal or immediate supervisor
may deny use of the day if, at the time notice is given, either
fifteen percent of the employees or three employees, whichever is
greater, under the supervision of the principal or immediate
supervisor, have previously given notice of their intention to use
that day for leave. Personal leave may not be used in connection
with a concerted work stoppage or strike. Where the cause for
leave originated prior to the beginning of the employment term, the
employee shall be paid for time lost after the start of the
employment term. If an employee uses personal leave which the
employee has not yet accumulated on a monthly basis and
subsequently leaves the employment, the employee is required to
reimburse the board for the salary or wages paid for the
unaccumulated leave.
(4) The State Board shall maintain a rule to restrict the
payment of personal leave benefits and the charging of personal
leave time used to an employee receiving a workers' compensation
benefit from a claim filed against and billed to the county board
by which the person is employed. If an employee is awarded this
benefit, the employee shall receive personal leave compensation
only to the extent the compensation is required, when added to the
workers' compensation benefit, to equal the amount of compensation
regularly paid the employee. If personal leave compensation equal
to the employee's regular pay is paid prior to the award of the workers' compensation benefit, the amount which, when added to the
benefit, is in excess of the employee's regular pay shall be
deducted from the employee's subsequent pay. The employee's
accrued personal leave days shall be charged only for such days as
equal the amount of personal leave compensation required to
compensate the employee at the employee's regular rate of pay.
(5) The county board may establish reasonable rules for
reporting and verification of absences for cause. If any error in
reporting absences occurs, the county board may make necessary
salary adjustments:
(A) In the next pay after the employee has returned to duty;
or
(B) In the final pay if the absence occurs during the last
month of the employment term.
(b) Leave Banks.
(1) Each county board shall establish a personal leave bank
that is available to all school personnel. The board may establish
joint or separate banks for professional personnel and school
service personnel. Each employee may contribute up to two days of
personal leave per school year. An employee may not be coerced or
compelled to contribute to a personal leave bank.
(2) The personal leave bank shall be established and operated
pursuant to a rule adopted by the county board. The rule:
(A) May limit the maximum number of days used by an employee;
(B) Shall limit the use of leave bank days to an active employee with fewer than five days accumulated personal leave who
is absent from work due to accident or illness of the employee; and
(C) Shall prohibit the use of days to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code.
(D) Shall require that each personal leave day contributed:
(i) Is deducted from the number of personal leave days to
which the donor employee is entitled by this section;
(ii) Is not deducted from the personal leave days without
cause to which a donor employee is entitled if sufficient general
personal leave days are otherwise available to the donor employee;
(iii) Is credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining
when the catastrophic medical emergency ends revert back to the
leave bank.
(3) The administration, subject to county board approval, may
use its discretion as to the need for a substitute where limited
absence may prevail, when an allowable absence does not:
(i) Directly affect the instruction of the students; or
(ii) Require a substitute employee because of the nature of
the work and the duration of the cause for the absence.
(4) If funds in any fiscal year, including transfers, are
insufficient to pay the full cost of substitutes for meeting the
provisions of this section, the remainder shall be paid on or
before the thirty-first day of August from the budget of the next
fiscal year.
(5) A county board may supplement the leave provisions in any
manner it considers advisable in accordance with applicable rules
of the State Board and the provisions of this chapter and chapter
eighteen of this code.
County boards of education are authorized to pay to their
employees or to defined groups thereof, for the purpose of reducing
absenteeism, a bonus at the end of an employment term for each
unused day of personal leave accumulated by the employee during
that employment term.
The Legislature recognizes that the nature of teaching
restricts the interaction of teachers in the classroom and their
opportunity to observe exemplary instructional techniques of their
colleagues. To facilitate a process for sharing successful
pedagogy, the state board, through regional educational service
agencies, shall develop a process to record and distribute
exemplary teaching techniques by any electronic means available.
The teachers at any school within a regional educational
service agency may nominate by consensus one teacher per year from
that school whose teaching techniques they believe to be exemplary.
Such nomination shall be completed no later than the first day of
January in any school year. Upon such nomination, the principal
shall arrange through the regional educational service agency for
the recording of that teacher's exemplary teaching techniques.
Following completion of such recording, the regional educational
service agency shall make arrangements and schedule a date and
location for those teachers whose teaching techniques were recorded
to review the teaching techniques recorded in the region and
determine which best demonstrate exemplary teaching techniques in
different subject areas. Teachers whose recorded teaching
techniques are selected shall receive a bonus equal to the highest
average two-day pay for a teacher in the region.
The state board shall compile the recorded teaching techniques
selected by the teachers, produce copies of the recording and
provide a method for distribution on a statewide and regional
basis.
(1) "Care giver" means any employee of a county board who:
(A) Is a spouse, child or parent of any employee who meets
the following qualifications:
(i) He or she is an employee of the same county board of
education as the care giver; and
(ii) He or she currently is eligible to receive benefits from
the personal leave bank established in section ten of this article;
or
(B) Is a parent of a dependent child who is suffering from a
catastrophic illness or injury;
(2) "Catastrophic illness or injury" means a medical or
physical condition that incapacitates a family member of the care
giver and results in the care giver being required to take time off
from work as defined by the rules of the board to care for the
family member.
(b) A county board of education may establish a personal
leave bank for care givers which is separate from any personal
leave bank as defined in section ten of this article. The personal
leave bank shall be operated pursuant to rules adopted by the
county board which shall include, but not be limited to, the
following:
(1) An employee may contribute no more than two days of
personal leave per school year;
(2) The bank shall be established either jointly or
separately for both professional personnel and school service
personnel and shall be available to all school personnel;
(3) The rules may limit the maximum number of days used by
a care giver;
(4) Where the care giver is caring for an absent employee as
defined in paragraph (A), subdivision (1), subsection (a) of this
section, the rules shall require that leave bank days be used only
by a care giver who is absent from work during the same time period
as the absent employee for whom care is being provided; and
(5) The rules shall require that the care giver is an active
employee with less than five days accumulated personal leave.
(c) The use of these days by the care giver for the extension
of insurance coverage pursuant to section twelve, article sixteen,
chapter five of this code is prohibited.
(d) Contributions shall reduce, to the extent of the
contribution, the number of personal leave days to which a
contributing employee is entitled by section ten of this article:
Provided, That the employee's contribution may not reduce the
number of entitled personal leave days without cause.
(e) No employee may be compelled to contribute to a personal
leave bank.
(1) "Surviving spouse" means an employee of a county board
whose spouse was also employed by the same county board at the time
of his or her death; and
(2) "Deceased spouse" means a person who, at the time of his
or her death, was employed by the same board of education as his or
her spouse.
(b) Beginning the first day of January, one thousand nine
hundred ninety-nine, a county board of education may credit a
surviving spouse with any or all personal leave days to which the
deceased spouse was entitled at the time of the death of the
deceased spouse.
(c) The provisions of this section only shall apply if all the
following conditions are met:
(1) Both spouses were employed by the same county board of
education at the time of the death of the deceased spouse;
(2) The deceased spouse had unused personal leave days which
he or she was entitled to use;
(3) The surviving spouse is an active employee with less than
five days accumulated personal leave;
(4) The death of the deceased spouse was by accident;
(5) It is determined by the county board, on evidence provided
by a licensed physician, that the surviving spouse is physically
disabled to work at the position held by the surviving spouse; and
(6) It is determined by the county board that the cause of the
disability to the surviving spouse arose from the same accident
that resulted in the death of the deceased spouse.
(d) The county board periodically shall review the status of
the surviving spouse and, upon a determination of the county board
that the surviving spouse is able to work at his or her assigned
position, any personal leave days credited to the surviving spouse
pursuant to the terms of this section shall be extinguished.
(e) Personal leave days credited to the surviving spouse
pursuant to this section may be used only for the purposes of this
section and may not be used for any other purpose, including, but
not limited to, the enhancement of retirement or health insurance
benefits.
For the purposes of this section and section ten of this
article, the following words have the meanings specified unless the
context clearly indicates a different meaning:
(1) "Catastrophic medical emergency" means a medical or
physical condition that:
(A) Incapacitates an employee or an immediate family member
for whom the employee will provide care;
(B) Is likely to require the prolonged absence of the employee
from duty; and
(C) Will result in a substantial loss of income to the
employee because the employee:
(i) Has exhausted all accrued personal leave; and
(ii) Is not eligible to receive personal leave or has
exhausted personal leave available from a leave bank established
pursuant to this article;
(2) "Employee" means a professional educator or school service
person who is employed by a county board and entitled to accrue
personal leave as a benefit of employment;
(3) "Donor employee" means a professional educator or school
service person employed by a county board who voluntarily
contributes personal leave to another designated employee; and
(4) "Receiving employee" means a professional educator or
school service person employed by a county board who receives donated personal leave from another employee.
(b) Leave donation program.
(1) In addition to any personal leave bank established
pursuant to this article, a county board shall establish a leave
donation program pursuant to which a donor employee may transfer
accrued personal leave to the personal leave account of another
designated employee.
(2) A county board:
(A) May not limit the number of personal leave days a donor
employee may transfer to a receiving employee who is his or her
spouse;
(B) May not limit the total number of personal leave days a
receiving employee receives; and
(C) May limit the number of days a donor employee transfers to
a receiving employee who is not his or her spouse.
(c) Rule.
(1) The county board shall adopt a rule to implement the
program.
(2) The rule shall set forth at least the following
conditions:
(A) The donor employee voluntarily agrees to the leave
transfer;
(B) The donor employee selects the employee designated to
receive the personal leave transferred; and
(C) The receiving employee requires additional personal leave because of a catastrophic medical emergency;
(D) The donated leave may not be used to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code;
(E) Each personal leave day contributed:
(i) Shall be deducted from the number of personal leave days
to which the donor employee is entitled by section ten of this
article;
(ii) Shall not be deducted from the number of personal leave
days without cause to which the donor employee is entitled if
sufficient general personal leave days are otherwise available to
the donor employee;
(iii) Shall be credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining
when the catastrophic medical emergency ends revert back to the
donor employee; and
(F) An employee may not be coerced or compelled to contribute
to a leave donation program.
A county board of education, the teachers retirement board,
the West Virginia board of education and the board of regents of
West Virginia and their agencies may provide by written agreement
between any such board or agency and any teacher or other
employee to reduce the cash salary payable to such teacher or
other employee, and, in consideration thereof, to pay an amount
equal to the amount of such reduction as premiums on an annuity
contract or payments on a custodial account or other investment
owned by such teacher or other employee, which annuity contract,
custodial account or other investment is in such form and upon
such terms as will qualify the payments thereon for tax deferment
under the United States Internal Revenue Code. The amount of
such reduction shall not exceed the amount excludable from income
under section 403(b) of the United States Internal Revenue Code,
and amendments and successor provisions thereto, and shall be
considered a part of the teacher's or employee's salary for all
purposes other than federal and state income tax.
The purchase of such tax deferred investment for a teacher
or other employee by a board of education, the teachers
retirement board, the West Virginia board of education and the
board of regents of West Virginia and their agencies shall impose
no liability nor responsibility whatsoever on said boards or members thereof except to show that the payments have been
remitted for the purposes for which deducted.
(1) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period of
time more than one-half the class periods of the regular school day
and every service personnel whose employment is for a period of
more than three and one-half hours per day and whose pay is at
least the amount indicated in the "state minimum pay scale" as set
forth in section eight-a of this article shall be provided a daily
lunch recess of not less than thirty consecutive minutes, and such
employee shall not be assigned any responsibilities during this
recess. Such recess shall be included in the number of hours
worked, and no county shall increase the number of hours to be
worked by an employee as a result of such employee being granted a
recess under the provisions of this section.
(2) Every teacher who is regularly employed for a period of
time more than one-half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils. Such planning period shall be the
length of the usual class period in the school to which such
teacher is assigned, and shall be not less than thirty minutes. No
teacher shall be assigned any responsibilities during this period,
and no county shall increase the number of hours to be worked by a
teacher as a result of such teacher being granted a planning period
subsequent to the adoption of this section (March 13, 1982).
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection,
including, but not limited to, assuming control of the class period
or supervision of students during the time the teacher is engaged
in the planning period. Substitute teachers may also be utilized
to assist with classroom responsibilities under this subsection:
Provided,
That any substitute teacher who is employed to teach a
minimum of two consecutive days in the same position shall be
granted a planning period pursuant to this section.
(3) Nothing in this section shall be construed to prevent any
teacher from exchanging his lunch recess or a planning period or
any service personnel from exchanging his lunch recess for any
compensation or benefit mutually agreed upon by the employee and
the county superintendent of schools or his agent: Provided,
That
a teacher and the superintendent or his agent may not agree to
terms which are different from those available to any other teacher
granted rights under this section within the individual school or
to terms which in any way discriminate among such teachers within
the individual school, and that service personnel granted rights
under this section and the superintendent or his agent may not
agree to terms which are different from those available to any
other service personnel within the same classification category
granted rights under this section within the individual school or
to terms which in any way discriminate among such service personnel
within the same classification category within the individual
school.
(1) The length of planning periods in different grade levels
and under different class period schedules;
(2) A comparison of the amount and difficulty of the subject
matter to be covered during the instructional day and the length of
the planning period in different grade levels and under different
class period schedules;
(3) An analysis of the appropriate use of planning period time
and actual practices; and
(4) An analysis of the cost to the state and the counties of
daily planning periods of different lengths and the potential for
savings through appropriate measures for standardization.
(b) The legislative oversight commission on education
accountability shall issue a report of its findings and
recommendations, together with any legislation necessary to
effectuate its recommendations, on or before the second day of
January, two thousand three. In making its findings and
recommendations, the commission shall:
(1) Consider measures for standardization in the length of planning periods for teachers in similar grade levels;
(2) Consider appropriate uses of any nonscheduled teacher time
which becomes available if the standardization of planning period
length results in planning periods which are less than the usual
class period at a school, including, but not limited to, mentoring,
tutoring, providing additional supervision, meetings and other
noninstructional activities; and
(3) Consider adjustments or restructuring of the requirements
for planning periods that do not result in any additional cost to
the state or counties.
(1) To fill the temporary absence of another service employee;
(2) To fill the position of a regular service person as
follows:
(A) If the regular service person requests a leave of absence
from the county board in writing and is granted the leave in
writing by the county board; or
(B) If the regular service person is on workers' compensation
and absent.
(C) If an absence pursuant to paragraph (A) or (B) of this
subdivision is to extend beyond thirty working days, the county
board shall post the position of the absent employee under the
procedures set forth in section eight-b of this article. If a
substitute service person is employed to fill the position of the
absent employee and is employed in the position for twenty or more
working days, the substitute service person:
(i) Acquires regular employment status with the exception of
regular employee job bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the regular employee returns to the position or ceases to be employed by the county board;
(D) If a regular or substitute employee fills a vacancy that
is related in any manner to a leave of absence or the absence of an
employee on workers' compensation as provided in this section, upon
termination of the absence the employee shall be returned to his or
her original position or status;
(E) A service person may not be:
(i) Required to request or to take a leave of absence; or
(ii) Deprived of any right or privilege of regular employment
status for refusal to request or failure to take a leave of
absence;
(3) To perform the service of a service person who is
authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position
caused by severance of employment by the resignation, transfer,
retirement, permanent disability, dismissal pursuant to section
eight, article two of this chapter, or death of the regular service
person who had been assigned to the position. Within twenty
working days from the commencement of the vacancy, the county board
shall fill the vacancy under the procedures set forth in section
eight-b of this article and section five, article two of this
chapter. The person hired to fill the vacancy shall have and be
accorded all rights, privileges and benefits pertaining to the
position;
(5) To fill the vacancy created by a regular employee's suspension.
(A) If the suspension is for more than thirty working days,
the county board shall post the position of the suspended employee
under the procedures set forth in section eight-b of this article.
(B) If a substitute service person is employed to fill the
suspended employee's position, the substitute service person:
(i) Acquires regular employment status with the exception of
regular employee job-bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the termination by the county
board becomes final or the suspended employee is returned to
employment.
(C) If the suspended employee is not returned to his or her
job, the county board shall fill the vacancy under the procedures
set forth in section eight-b of this article and section five,
article two of this chapter; and
(6) To fill temporarily a vacancy in a newly created position
prior to employing a service person on a regular basis pursuant to
section eight-b of this article.
(b) Service personnel substitutes shall be assigned in the
following manner:
(1) The substitute with the greatest length of service time in
the vacant category of employment has priority in accepting the
assignment throughout the period of the regular service person's absence or until the vacancy is filled on a regular basis pursuant
to section eight-b of this article. Length of service time is
calculated from the date a substitute service person begins
assigned duties as a substitute in a particular category of
employment.
(2) All service personnel substitutes are employed on a
rotating basis according to their lengths of service time until
each substitute has had an opportunity to perform similar
assignments.
(3) Any regular service person employed in the same building
or working station and the same classification category of
employment as the absent employee shall be given the first
opportunity to fill the position of the absent employee on a
rotating and seniority basis. In such case the regular service
person's position is filled by a substitute service person. A
regular service person assigned to fill the position of an absent
employee has the opportunity to hold that position throughout the
absence. For the purpose of this section only, all regularly
employed school bus operators are considered to be employed within
the same building or working station.
(c) The county board shall return a regular school service
person to the same position held prior to any approved leave of
absence or period of recovery from injury or illness. The school
service person:
(1) Retains all rights, privileges and benefits which had accrued at the time of the absence or accrued under any other
provision of law during the absence; and
(2) Has all rights, privileges and benefits generally accorded
school service personnel at the time of return to work.
(d) The salary of a substitute service person is determined:
(1) Based upon his or her years of employment as defined in
section eight of this article;
(2) As provided in the state minimum pay scale set forth in
section eight-a of this article; and
(3) In accordance with the salary schedule of persons
regularly employed in the same position in the county in which he
or she is employed.
(e) A substitute service person shall execute a written
contract with the county board pursuant to section five, article
two of this chapter, prior to beginning assigned duties.
(f) The following method shall be used to establish a fair,
equitable and uniform system for assigning service personnel
substitutes to their duties for the first time:
(1) The initial order of assigning newly-employed substitutes
is determined by a random selection system established by the
affected substitute employees and approved by the county board; and
(2) The initial order is effective only until the substitute
service personnel have begun their duties for the first time.
(g) A substitute service person who has worked thirty days for
a school system has all rights pertaining to suspension, dismissal and contract renewal as are granted to regular service personnel in
sections six, seven, eight and eight-a, article two of this
chapter.
(2) The employee and the superintendent, or a designated
representative, subject to board approval, shall mutually agree
upon the maximum number of hours of extracurricular assignment in
each school year for each extracurricular assignment.
(3) The terms and conditions of the agreement between the
employee and the board shall be in writing and signed by both
parties.
(4) An employee's contract of employment shall be separate
from the extracurricular assignment agreement provided for in this
section and shall not be conditioned upon the employee's acceptance or continuance of any extracurricular assignment proposed by the
superintendent, a designated representative, or the board.
(5) The board shall fill extracurricular school service
personnel assignments and vacancies in accordance with section
eight-b of this article: Provided, That an alternative procedure
for making extracurricular school service personnel assignments
within a particular classification category of employment may be
utilized if the alternative procedure is approved both by the
county board and by an affirmative vote of two thirds of the
employees within that classification category of employment.
(6) An employee who was employed in any service personnel
extracurricular assignment during the previous school year shall
have the option of retaining the assignment if it continues to
exist in any succeeding school year. A county board of education
may terminate any school service personnel extracurricular
assignment for lack of need pursuant to section seven, article two
of this chapter. If an extracurricular contract has been
terminated and is reestablished in any succeeding school year, it
shall be offered to the employee who held the assignment at the
time of its termination. If the employee declines the assignment,
the extracurricular assignment shall be posted and filled pursuant
to section eight-b of this article.
(b) Professional personnel employed by the department to
provide education services to residents in state department of
health and human resources facilities, corrections facilities
providing services to juvenile and youthful offenders, in the West
Virginia schools for the deaf and the blind or in public community
and technical colleges providing middle college services are
afforded all the rights, privileges and benefits established for
the professional personnel under this article, subject to the
following:
(1) The benefits apply only within the facility at which the
professional personnel are employed;
(2) The benefits exclude salaries unless explicitly provided
for under this or other sections of this article; and
(3) Seniority for the professional personnel is determined on
the basis of the length of time the employee has been
professionally employed at the facility, regardless of which state
agency was the actual employer.
(c) Professional personnel and service personnel employed by
the department of education to provide education and support
services to residents in state department of health and human
resources facilities, corrections facilities providing services to
juvenile and youthful offenders, the West Virginia schools for the
deaf and the blind and in public community and technical colleges providing middle college services are state employees.
(d) Additional seniority provisions. --
(1) Notwithstanding any other provision of this section to the
contrary, professional and service personnel employed in an
educational facility operated by the West Virginia department of
education accrue seniority at that facility on the basis of the
length of time the employee has been employed at the facility.
Professional and service personnel whose employment at the facility
was preceded immediately by employment with the county board
previously providing education services at the facility or whose
employment contract was with the county board previously providing
education services at the facility:
(A) Retains any seniority accrued during employment by the
county board;
(B) Accrues seniority as a regular employee with the county
board during employment at the facility;
(C) Attains continuing contract status in accordance with
section two, article two, chapter eighteen-a of this code with both
the county and the facility if the sum of the years employed by the
county and the facility equals the statutory number required for
continuing contract status; and
(D) Retains and continues to accrue county and facility
seniority in the event of reemployment by the county as a result of
direct transfer from the facility or recall from the preferred
list.
(2) Reductions in work force in the facility or employment by
the facility or county board are made in accordance with the
provisions of sections seven-a and eight-b of this chapter. Only
years of employment within the facility are considered for purposes
of reduction in force within the facility.
(3) The seniority conferred in this section applies
retroactively to all affected professional and service personnel,
but the rights incidental to the seniority commence on the
effective date of this section.
(4) Amendments made to this section during the 2009 regular
session of the Legislature do not abrogate any rights, privileges
or benefits bestowed under previous enactments of this section.
(b) Effective the first day of July, two thousand two, service
personnel employed by the department of education shall receive a
salary that is at least equal to the salary paid to comparable
personnel employed by the county board in the county in which their
principal place of employment is located. The department of
education shall establish a salary schedule that phases in the
necessary salary increases before the first day of July, two
thousand two.
Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section of
this code to the contrary, any alteration of an employment contract
of a professional educator which reduces or eliminates the local
salary supplement or the benefits provided to such employee due to
a defeat of a special levy, or a loss in assessed values or events
over which it has no control and for which the county board has
received approval from the state board prior to making such
reduction or elimination in accordance with section five-a of this
article, shall not require termination of said employment contract
as set forth in sections two and eight-a, article two of this
chapter, nor shall it be deemed a creation of a new position, nor
shall such alteration require the posting of the position.
(b) Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a service personnel employee who is employed for more than two hundred days, which alteration changes the number of days
in the employment term, shall not be deemed a creation of a new
position, nor shall such alteration require the posting of the
position.
Notwithstanding the provisions of section eight-b of this
article relating to school service personnel or any other section
of this code to the contrary, any alteration of an employment
contract of a service personnel employee which reduces or
eliminates the local salary supplement or the benefits provided to
such employee due to a defeat of a special levy, or a loss in
assessed values or events over which it has no control and for
which the county board has received approval from the state board
prior to making such reduction or elimination in accordance with
section five-b of this article, shall not require termination of
said employment contract as set forth in sections six and eight-a,
article two of this chapter, nor shall it be deemed a creation of
a new position, nor shall such alteration require the posting of
the position.
(1) The teacher's position was eliminated as part of a
reduction in force by a West Virginia county school board;
(2) The teacher has secured employment for a West Virginia
county school board in another county;
(3) The teacher has moved his or her residence to the West
Virginia county in which he or she has gained employment or to an
adjacent county in West Virginia;
(4) The teacher is to be employed in a county where shortages
exist either in numbers of teachers or in subject matter areas as
determined by the state board; and
(5) As a result of the new employment, it would be impractical
for the teacher to maintain his or her previous residence.
(b) The reimbursement shall be for actual expenses and shall
not exceed two thousand five hundred dollars, subject to the
availability of funds.
(c) Each county board of education shall send the state board
by the first day of May, annually, a report that includes:
(1) The available teacher positions in the county;
(2) Any shortages in subject matter areas in the county; and
(3) The name of all teachers reduced in force: Provided, That
the teacher has permitted the county board to submit his or her
name.
(d) The state board shall compile a report including all
information submitted to the state board based on the reports
provided in subsection (c) of this section. The state board shall
send this report to each county board of education. Additionally,
the state board shall send a letter to all teachers reduced in
force. This letter shall identify all teacher positions available
in West Virginia and identify those counties where shortages exist
either in numbers of teachers or in subject matter areas.
(e) The state board shall promulgate a rule pursuant to the
provisions of article three-b, chapter twenty-nine-a of this code
that implements the provisions of this section. The rule shall
include, but is not limited to:
(1) Standards sufficient to define and measure the criteria
set forth in subsection (a) of this section; and
(2) A procedure for allocating the funds if the funds
appropriated are insufficient.
(f) Nothing in this section shall require any level of
appropriation by the Legislature.
(g) The state board shall report to the Legislature by the
first day of January of each year on the number of teachers being
reimbursed.
(h) This section shall expire on the first day of July, two
thousand five, unless continued by the Legislature.
Acts, 2011 Reg. Sess., Ch. 154.
Acts, 2011 Reg. Sess., Ch. 154.
(b) Subject to the rules of the State Board of Education, the
teacher shall exclude from the school any student known to have or
suspected of having any infectious disease, or any student who has
been exposed to any infectious disease, and shall immediately
notify the proper health officer or medical inspector of the
exclusion. Any student so excluded may not be readmitted to the
school until he or she has complied with all the requirements of
the rules governing those cases or has presented a certificate of
health signed by the medical inspector or other proper health
officer.
(c) The teacher may exclude from his or her classroom or
school bus any student who is guilty of disorderly conduct; who in
any manner interferes with an orderly educational process; who threatens, abuses or otherwise intimidates or attempts to
intimidate a school employee or a student; who willfully disobeys
a school employee; or who uses abusive or profane language directed
at a school employee. Any student excluded shall be placed under
the control of the principal of the school or a designee. The
excluded student may be admitted to the classroom or school bus
only when the principal, or a designee, provides written
certification to the teacher that the student may be readmitted and
specifies the specific type of disciplinary action, if any, that
was taken. If the principal finds that disciplinary action is
warranted, he or she shall provide written and, if possible,
telephonic notice of the action to the parent(s), guardian(s) or
custodian(s). When a student is excluded from a classroom or a
school bus two times in one semester, and after exhausting all
reasonable methods of classroom discipline provided in the school
discipline plan, the student may be readmitted to the classroom or
the school bus only after the principal, teacher and, if possible,
the parent(s), guardian(s) or custodian(s) of the student have held
a conference to discuss the student's disruptive behavior patterns,
and the teacher and the principal agree on a course of discipline
for the student and inform the parent(s), guardian(s) or
custodian(s) of the course of action. Thereafter, if the student's
disruptive behavior persists, upon the teacher's request, the
principal may, to the extent feasible, transfer the student to
another setting. The Legislature finds that isolating students or placing them in alternative learning centers may be the best
setting for chronically disruptive students. The county board
shall create more alternative learning centers or expand its
capacity for alternative placements, subject to funding, to
correct these students' behaviors so they can return to a regular
classroom without engaging in further disruptive behavior.
(d) The Legislature finds that suspension from school is not
appropriate solely for a student's failure to attend class.
Therefore, a student may not be suspended from school solely for
not attending class. Other methods of discipline may be used for
the student which may include, but are not limited to, detention,
extra class time or alternative class settings.
(e) Corporal punishment of any student by a school employee is
prohibited.
(f) Each county board is solely responsible for the
administration of proper discipline in the public schools of the
county and shall adopt policies consistent with the provisions of
this section to govern disciplinary actions. These policies shall
encourage the use of alternatives to corporal punishment, providing
for the training of school personnel in alternatives to corporal
punishment and for the involvement of parent(s), guardian(s) or
custodian(s) in the maintenance of school discipline. The county
boards shall provide for the immediate incorporation and
implementation in the schools of a preventive discipline program
which may include the responsible student program and a student involvement program which may include the peer mediation program,
devised by the West Virginia Board of Education. Each county board
may modify those programs to meet the particular needs of the
county. The county boards shall provide in-service training for
teachers and principals relating to assertive discipline procedures
and conflict resolution. The county boards also may establish
cooperatives with private entities to provide middle educational
programs which may include programs focusing on developing
individual coping skills, conflict resolution, anger control,
self-esteem issues, stress management and decision making for
students and any other program related to preventive discipline.
(g) For the purpose of this section:
(1) " Student" includes any child, youth or adult who is
enrolled in any instructional program or activity conducted under
board authorization and within the facilities of or in connection
with any program under public school direction: Provided, That, in
the case of adults, the student-teacher relationship shall
terminate when the student leaves the school or other place of
instruction or activity;
(2) "Teacher" means all professional educators as defined in
section one, article one of this chapter and includes the driver of
a school bus or other mode of transportation; and
(3) "Principal" means the principal, assistant principal, vice
principal or the administrative head of the school or a
professional personnel designee of the principal or the administrative head of the school.
(h) Teachers shall exercise other authority and perform other
duties prescribed for them by law or by the rules of the state
board not inconsistent with the provisions of this chapter and
chapter eighteen of this code.
(b) A principal shall suspend a pupil from school, or from
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Committed an act or engaged in conduct that would constitute a
felony under the laws of this state if committed by an adult; or
(ii) unlawfully possessed on the premises of an educational
facility or at a school-sponsored function a controlled substance
governed by the uniform controlled substances act as described in
chapter sixty-a of this code. If a student has been suspended
pursuant to this subsection, the principal may request that the
superintendent recommend to the county board that the student be
expelled. Upon such recommendation by the county superintendent,
the county board may hold a hearing in accordance with the
provisions of subsections (e), (f) and (g) of this section to
determine if the student committed the alleged violation. If the
county board finds that the student did commit the alleged
violation, the county board may expel the student.
(c) A principal may suspend a pupil from school, or
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section: (i) Threatened
to injure, or in any manner injured, a pupil, teacher,
administrator or other school personnel; (ii) willfully disobeyed
a teacher; (iii) possessed alcohol in an educational facility, on
school grounds, a school bus or at any school-sponsored function;
(iv) used profane language directed at a school employee or pupil;
(v) intentionally defaced any school property; (vi) participated in
any physical altercation with another person while under the
authority of school personnel; or (vii) habitually violated school
rules or policies. If a student has been suspended pursuant to
this subsection, the principal may request that the superintendent
recommend to the county board that the student be expelled. Upon
such recommendation by the county superintendent, the county board
may hold a hearing in accordance with the provisions of subsections
(e), (f) and (g) of this section to determine if the student
committed the alleged violation. If the county board finds that
the student did commit the alleged violation, the county board may
expel the student.
(d) The actions of any pupil which may be grounds for his or
her suspension or expulsion under the provisions of this section
shall be reported immediately to the principal of the school in
which the pupil is enrolled. If the principal determines that the
alleged actions of the pupil would be grounds for suspension, he or
she shall conduct an informal hearing for the pupil immediately
after the alleged actions have occurred. The hearing shall be held before the pupil is suspended unless the principal believes that
the continued presence of the pupil in the school poses a
continuing danger to persons or property or an ongoing threat of
disrupting the academic process, in which case the pupil shall be
suspended immediately and a hearing held as soon as practicable
after the suspension.
The pupil and his or her parent(s), guardian(s) or
custodian(s), as the case may be, shall be given telephonic notice,
if possible, of this informal hearing, which notice shall briefly
state the grounds for suspension.
At the commencement of the informal hearing, the principal
shall inquire of the pupil as to whether he or she admits or denies
the charges. If the pupil does not admit the charges, he or she
shall be given an explanation of the evidence possessed by the
principal and an opportunity to present his or her version of the
occurrence. At the conclusion of the hearing or upon the failure
of the noticed student to appear, the principal may suspend the
pupil for a maximum of ten school days, including the time prior to
the hearing, if any, for which the pupil has been excluded from
school.
The principal shall report any suspension the same day it has
been decided upon, in writing, to the parent(s), guardian(s) or
custodian(s) of the pupil by regular United States mail. The
suspension also shall be reported to the county superintendent and
to the faculty senate of the school at the next meeting after the suspension.
(e) Prior to a hearing before the county board, the county
board shall cause a written notice which states the charges and the
recommended disposition to be served upon the pupil and his or her
parent(s), guardian(s) or custodian(s), as the case may be. The
notice shall state clearly whether the board will attempt at
hearing to establish the student as a dangerous student, as defined
by section one, article one of this chapter. The notice also shall
include any evidence upon which the board will rely in asserting
its claim that the student is a dangerous student. The notice
shall set forth a date and time at which the hearing shall be held,
which date shall be within the ten-day period of suspension imposed
by the principal.
(f) The county board shall hold the scheduled hearing to
determine if the pupil should be reinstated or should or, under the
provisions of this section, must be expelled from school. If the
county board determines that the student should or must be expelled
from school, it also may determine whether the student is a
dangerous student pursuant to subsection (g) of this section. At
this, or any hearing before a county board conducted pursuant to
this section, the pupil may be represented by counsel, may call his
or her own witnesses to verify his or her version of the incident
and may confront and cross-examine witnesses supporting the charge
against him or her. The hearing shall be recorded by mechanical
means unless recorded by a certified court reporter. The hearing may be postponed for good cause shown by the pupil but he or she
shall remain under suspension until after the hearing. The state
board may adopt other supplementary rules of procedure to be
followed in these hearings. At the conclusion of the hearing the
county board shall either: (1) Order the pupil reinstated
immediately at the end of his or her initial suspension; (2)
suspend the pupil for a further designated number of days; or (3)
expel the pupil from the public schools of the county.
(g) A county board that did not intend prior to a hearing to
assert a dangerous student claim, that did not notify the student
prior to the hearing that a dangerous student determination would
be considered and that determines through the course of the hearing
that the student may be a dangerous student shall schedule a second
hearing within ten days to decide the issue. The hearing may be
postponed for good cause shown by the pupil, but he or she remains
under suspension until after the hearing.
A county board that expels a student, and finds that the
student is a dangerous student, may refuse to provide alternative
education. However, after a hearing conducted pursuant to this
section for determining whether a student is a dangerous student,
when the student is found to be a dangerous student, is expelled
and is denied alternative education, a hearing shall be conducted
within three months after the refusal by the board to provide
alternative education to reexamine whether or not the student
remains a dangerous student and whether the student shall be provided alternative education. Thereafter, a hearing for the
purpose of reexamining whether or not the student remains a
dangerous student and whether the student shall be provided
alternative education shall be conducted every three months for so
long as the student remains a dangerous student and is denied
alternative education. During the initial hearing, or in any
subsequent hearing, the board may consider the history of the
pupil's conduct as well as any improvements made subsequent to the
expulsion. If it is determined during any of the hearings that the
student is no longer a dangerous student or should be provided
alternative education, the student shall be provided alternative
education during the remainder of the expulsion period.
(h) The superintendent may apply to a circuit judge or
magistrate for authority to subpoena witnesses and documents, upon
his or her own initiative, in a proceeding related to a recommended
student expulsion or dangerous student determination, before a
county board conducted pursuant to the provisions of this section.
Upon the written request of any other party, the superintendent
shall apply to a circuit judge or magistrate for the authority to
subpoena witnesses, documents or both on behalf of the other party
in a proceeding related to a recommended student expulsion or
dangerous student determination before a county board. If the
authority to subpoena is granted, the superintendent shall subpoena
the witnesses, documents or both requested by the other party.
Furthermore, if the authority to subpoena is granted, it shall be exercised in accordance with the provisions of section one, article
five, chapter twenty-nine-a of this code.
Any hearing conducted pursuant to this subsection may be
postponed: (1) For good cause shown by the pupil; (2) when
proceedings to compel a subpoenaed witness to appear must be
instituted; or (3) when a delay in service of a subpoena hinders
either party's ability to provide sufficient notice to appear to a
witness. A pupil remains under suspension until after the hearing
in any case where a postponement occurs.
The county boards are directed to report the number of pupils
determined to be dangerous students to the State Board of
Education. The state board will compile the county boards'
statistics and shall report its findings to the Legislative
Oversight Commission on Education Accountability.
(i) Pupils may be expelled pursuant to the provisions of this
section for a period not to exceed one school year, except that if
a pupil is determined to have violated the provisions of subsection
(a) of this section the pupil shall be expelled for a period of not
less than twelve consecutive months: Provided, That the county
superintendent may lessen the mandatory period of twelve
consecutive months for the expulsion of the pupil if the
circumstances of the pupil's case demonstrably warrant. Upon the
reduction of the period of expulsion, the county superintendent
shall prepare a written statement setting forth the circumstances
of the pupil's case which warrant the reduction of the period of expulsion. The county superintendent shall submit the statement to
the county board, the principal, the faculty senate and the local
school improvement council for the school from which the pupil was
expelled. The county superintendent may use the following factors
as guidelines in determining whether or not to reduce a mandatory
twelve-month expulsion:
(1) The extent of the pupil's malicious intent;
(2) The outcome of the pupil's misconduct;
(3) The pupil's past behavior history; and
(4) The likelihood of the pupil's repeated misconduct.
(j) In all hearings under this section, facts shall be found
by a preponderance of the evidence.
(k) For purposes of this section, nothing herein may be
construed to be in conflict with the federal provisions of the
Individuals with Disabilities Education Act, 20 U.S.C. §1400 et
seq.
(l) Each suspension or expulsion imposed upon a pupil under
the authority of this section shall be recorded in the uniform
integrated regional computer information system (commonly known as
the West Virginia Education Information System) described in
subsection (f), section twenty-six, article two, chapter eighteen
of this code.
(1) The principal of the school at which the pupil is enrolled
shall create an electronic record within twenty-four hours of the
imposition of the suspension or expulsion.
(2) Each record of a suspension or expulsion shall include the
pupil's name and identification number, the reason for the
suspension or expulsion, and the beginning and ending dates of the
suspension or expulsion.
(3) The State Board of Education shall collect and disseminate
data so that any principal of a public school in West Virginia can
review the complete history of disciplinary actions taken by West
Virginia public schools against any pupil enrolled or seeking to
enroll at that principal's school. The purposes of this provision
are to allow every principal to fulfill his or her duty under
subsection (b), section fifteen-f, article five, chapter eighteen
of this code to determine whether a pupil requesting to enroll at
a public school in West Virginia is currently serving a suspension
or expulsion from another public school in West Virginia and to
allow principals to obtain general information about pupils'
disciplinary histories.
(m) Principals may exercise any other authority and perform
any other duties to discipline pupils consistent with state and
federal law, including policies of the State Board of Education.
(n) Each county board is solely responsible for the
administration of proper discipline in the public schools of the
county and shall adopt policies consistent with the provisions of
this section to govern disciplinary actions.
(o) For the purpose of this section, "principal" means the
principal, assistant principal, vice principal or the administrative head of the school or a professional personnel
designee of the principal or the administrative head of the school.
The county boards may employ a hearing examiner to conduct the
expulsion hearings required by this article. The hearing examiner
shall be an attorney, duly licensed to practice law in the state of
West Virginia and shall not be employed by the state or county
boards for any other reason.
The hearing examiner shall conduct hearings in compliance with
the guidelines of section one-a of this article. All hearings
shall be recorded by mechanical means, unless recorded by a
certified court reporter. The hearing examiner shall issue a
decision and written findings of fact and conclusions of law within
five days of the conclusion of the hearing. Hearings by a hearing
examiner shall have the same force and effect as a decision made by
a county board. Upon the written request of a parent, guardian, or
custodian of the student, or the county superintendent, the county
board shall review the decision of the hearing examiner. Within
ten calendar days from the date of the request of the review, the
county board shall enter an order affirming, reversing, or
modifying the decision of the hearing examiner. A county board
may, in its own discretion, hold a hearing to determine any issues
in question.
The authority of the county superintendent shall be the same
as contained in section one-a of this article.
(1) The mission of public schools is to prepare students for
equal and responsible citizenship and productive adulthood;
(2) Democratic citizenship and productive adulthood begin with
standards of conduct in schools;
(3) Schools should be safe havens for learning with high
standards of conduct for students; and
(4) Rights necessarily carry responsibilities.
(b) In recognition of the findings in this section, the
following Bill of Rights and Responsibilities for Students and
School Personnel is established:
(1) The right to attend a school and ride a bus that is safe,
orderly and drug free;
(2) The right to learn and work in a school that has clear
discipline codes with fair and consistently enforced consequences
for misbehavior;
(3) The right to learn and work in a school that has
alternative educational placements for violent or chronically
disruptive students;
(4) The right to be treated with courtesy and respect;
(5) The right to a attend a school and ride on a bus that is
free from bullying;
(6) The right to support from school administrators when enforcing discipline policies;
(7) The right to support from parents, the community, public
officials and businesses in their efforts to uphold high standards
of conduct; and
(8) The responsibility to adhere to the principles in this
Bill of Rights and Responsibilities for Students and School
Personnel, and to behave in a manner that guarantees that other
students and school personnel enjoy the same rights.
Schools shall not be kept open on any Saturday nor on the
following days which are designated as legal school holidays,
namely: Independence Day, Labor Day, Veterans Day, Thanksgiving
Day, Christmas Day, New Year's Day, Martin Luther King's birthday,
Memorial Day, West Virginia Day, and any day on which a primary
election, general election or special election is held throughout
the state or school district and any day appointed and set apart by
the president or the governor as a holiday of special observance by
the people of the state.
When any such holiday falls within the employment term, it
shall be considered as a day of the employment term and the full-time school personnel shall receive his or her pay for same. When
any of the above designated holidays, except a special election,
falls on Saturday, the schools shall be closed on the preceding
Friday; when any such falls on Sunday, the schools shall be closed
on the following Monday.
Special classes may be conducted on Saturdays, provided they
are conducted on a voluntary basis, for pupils and by teachers and
service personnel, and that such teachers and service personnel
shall be remunerated in ratio to the regularly contracted pay.
Any school or schools may be closed by proper authorities on
account of the prevalence of contagious disease, conditions of
weather or any other calamitous cause over which the board has no
control. Under any or all of the above provisions, the time lost
by the closing of schools is counted as days of employment and as meeting a part of the requirements of the minimum term of one
hundred eighty days of instruction. On such day or days, county
boards of education may provide appropriate alternate work
schedules for professional and service personnel affected by the
closing of any school or schools under any or all of the above
provisions. Professional and service personnel shall receive pay
the same as if school were in session. Insofar as funds are
available or can be made available during the school year, the
board may extend the employment term for the purpose of making up
time that might affect the instructional term.
In addition to any other provisions of this chapter, the board
is further authorized to provide in its annual budget for meetings,
workshops, vacation time or other holidays through extended
employment of personnel at the same rate of pay.
Any teacher, principal, supervisor, service personnel or other
person employed by a board of education who is subpoenaed to appear
as a witness but not as a defendant in any criminal proceeding in
any court of law may make such appearance without any loss of pay.
The board shall pay to such employee the difference between the
witness fee, exclusive of travel allowances, payable for such
appearance by the court and the amount of salary due to the person
for the time such employee is absent from his employment by reason
of answering such subpoena.
A county board of education may approve the attendance of any
or all teachers at educational conventions, conferences, or other
professional meetings of teachers on school days when in the
judgment of the superintendent it is necessary or desirable.
Attendance at such meetings may be substituted for an equal amount
of teaching or employment and teachers attending shall not suffer
loss of pay. Further, the board is authorized to pay all or any
part of expenses of any personnel whom it may designate to
represent the board at any such professional or educational
meetings or in visitation to another school system.
Every county board of education shall adopt a policy under
which professional educators serving as mentor teachers, serving on
state and county professional staff development councils, serving
on school curriculum teams, and serving on professional support
teams will be granted professional time if required for
performance of their duties during the instructional day or extra
duty compensation if required at other times and for reimbursement
for necessary expenses actually incurred in attending meetings of
the bodies upon which they serve upon. Such policy shall provide
for the coverage of the professional personnel's regular duties
during such release times through the use of paraprofessional
aides, substitutes and other methods if necessary to avoid the
interruption of instruction.
A county board of education may approve the attendance of any
or all service personnel at educational conventions, conferences,
or school service meetings of service personnel on school days when
in the judgment of the superintendent it is necessary or desirable.
Attendance at such meetings may be substituted for an equal amount
of employment and service personnel so attending shall not suffer
loss of pay. Further, the board is authorized to pay all or any
part of expenses of any personnel whom it may designate to
represent the board at any such educational conventions,
conferences or school service meetings or in visitation to another
school system.
The state superintendent of schools shall have authority to
require a statewide enumeration by the counties at such times as
he may direct and may establish the procedures therefor.
In order that the census record may be as currently accurate
as possible, and a reliable source of reference through the
school year, it shall be the duty of each county superintendent
of schools to establish and administer through the office of the
county director of school attendance a system of cumulative
census records which may be prescribed by the state
superintendent of schools.
(b) The authority provided for in subsection (a) of this
section does not extend to suspending or expelling any student,
participating in the administration of corporal punishment or
performing instructional duties as a teacher or substitute teacher.
However, the authority extends to supervising students undergoing
in-school suspension if the instructional duties required by the
supervision are limited solely to handing out class work and
collecting class work. The authority to supervise students
undergoing in-school suspension does not include actual
instruction.
(c) An aide designated by the principal under subsection (a)
of this section shall receive a salary not less than one pay grade
above the highest pay grade held by the service person under section eight-a, article four of this chapter and any county salary
schedule in excess of the minimum requirements of this article.
(d) An aide may not be required by the operation of this
section to perform noninstructional duties for an amount of time
which exceeds that required under the aide's contract of employment
or that required of other aides in the same school unless the
assignment of the duties is mutually agreed upon by the aide and
the county superintendent, or the superintendent's designated
representative, subject to county board approval.
(1) The terms and conditions of the agreement shall be in
writing, signed by both parties, and may include additional
benefits.
(2) The agreement shall be uniform as to aides assigned
similar duties for similar amounts of time within the same school.
(3) Aides have the option of agreeing to supervise students
and of renewing related assignments annually. If an aide elects
not to renew the previous agreement to supervise students, the
minimum salary of the aide shall revert to the pay grade specified
in section eight-a, article four of this chapter for the
classification title held by the aide and any county salary
schedule in excess of the minimum requirements of this article.
(e) For the purposes of this section, aide means any aide
class title as defined in section eight, article four of this
chapter regardless of numeric classification.
(f) Subject to the limitations set forth in subsection (g) of this section, an aide may transfer to another position of
employment one time only during any one half of a school term,
unless otherwise mutually agreed upon by the aide and the county
superintendent, or the superintendent's designee, subject to county
board approval. During the first year of employment as an aide, an
aide may not transfer to another position of employment during the
first one-half school term of employment unless mutually agreed
upon by the aide and county superintendent, subject to county board
approval.
(g) Autism mentors and aides providing services to children
diagnosed as autistic or with autism spectrum disorder; and
paraprofessionals, interpreters and aides providing one-on-one
services to students with exceptionalities as required by the
students' individualized education programs (IEP).
(1) Legislative findings and intent.
(A) The Legislature finds that it is not in the best interest
of a student with autism or a student with an exceptionality whose
IEP requires one-on-one services to have multiple teachers,
mentors, aides, paraprofessionals, interpreters or any combination
thereof during the instructional term; and
(B) It is the intent of the Legislature that filling positions
through transfers of personnel from one position to another after
the fifth day prior to the beginning of the instructional term be
kept to a minimum for autism mentors and aides who work with
students with autism and for paraprofessionals, interpreters and aides who work with students with exceptionalities whose IEPs
require one-on-one services.
(2) Transfer limitations and conditions.
(A) Notwithstanding the provisions of subsection (f) of this
section, after the fifth day prior to the beginning of the
instructional term, a service person may not transfer to another
position in the county during that instructional term, unless he or
she does not have valid certification, if the service person is
employed and assigned as an autism mentor or aide who works with
students with autism, or as a paraprofessional, interpreter or aide
who works with a student with an exceptionality whose IEP requires
one-on-one services.
(B) The provisions of this subsection are subject to the
following conditions:
(i) The aide, autism mentor, paraprofessional or interpreter
may apply for any posted, vacant position with the successful
applicant assuming the position at the beginning of the next
instructional term;
(ii) The county board, upon recommendation of the
superintendent, may fill a position before the beginning of the
next instructional term when it is determined to be in the best
interest of the students; and
(iii) The county superintendent shall notify the State Board
when a service person who is subject to the provisions of this
subsection is transferred to another position after the fifth day prior to the beginning of the instructional term;
(h) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall
hold a high school diploma or shall have received a general
educational development certificate and shall have the opportunity
to receive appropriate training pursuant to subsection (j), section
thirteen, article five, chapter eighteen of this code and section
two, article twenty of said chapter.
STATE MINIMUM SALARY SCHEDULE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(b) $600 shall be paid annually to each classroom teacher who
has at least twenty years of teaching experience. The payments:
(i) Shall be in addition to any amounts prescribed in the
applicable state minimum salary schedule; (ii) shall be paid in
equal monthly installments; and (iii) shall be considered a part of
the state minimum salaries for teachers.
Years
4th
3rd
2nd
A.B.
M.A.
M.A.
M.A.
Doc-
Exp.
Class
Class
Class
A.B.
+15
M.A.
+15
+30
+45
torate
0
26,917
27,606
27,872
29,315
30,076
31,843
32,604
33,365
34,126
35,161
1
27,245
27,934
28,200
29,833
30,594
32,362
33,123
33,883
34,644
35,679
2
27,574
28,262
28,528
30,352
31,113
32,880
33,641
34,402
35,163
36,198
3
27,902
28,590
28,856
30,871
31,631
33,399
34,160
34,920
35,681
36,716
4
28,474
29,162
29,428
31,633
32,394
34,162
34,923
35,683
36,444
37,479
5
28,802
29,490
29,756
32,152
32,913
34,680
35,441
36,202
36,963
37,998
6
29,130
29,818
30,084
32,670
33,431
35,199
35,960
36,720
37,481
38,516
7
29,458
30,147
30,412
33,189
33,950
35,717
36,478
37,239
38,000
39,035
8
29,786
30,475
30,741
33,707
34,468
36,236
36,997
37,757
38,518
39,553
9
30,114
30,803
31,069
34,226
34,987
36,754
37,515
38,276
39,037
40,072
10
30,443
31,131
31,397
34,746
35,506
37,274
38,035
38,796
39,556
40,591
11
30,771
31,459
31,725
35,264
36,025
37,793
38,553
39,314
40,075
41,110
12
31,099
31,787
32,053
35,783
36,543
38,311
39,072
39,833
40,593
41,628
13
31,427
32,115
32,381
36,301
37,062
38,830
39,590
40,351
41,112
42,147
14
31,755
32,443
32,709
36,820
37,580
39,348
40,109
40,870
41,630
42,665
15
32,083
32,771
33,037
37,338
38,099
39,867
40,627
41,388
42,149
43,184
16
32,411
33,099
33,365
37,857
38,617
40,385
41,146
41,907
42,667
43,702
17
32,739
33,428
33,693
38,375
39,136
40,904
41,665
42,425
43,186
44,221
18
33,067
33,756
34,022
38,894
39,655
41,422
42,183
42,944
43,705
44,740
19
33,395
34,084
34,350
39,412
40,173
41,941
42,702
43,462
44,223
45,258
20
33,723
34,412
34,678
39,931
40,692
42,459
43,220
43,981
44,742
45,777
21
34,052
34,740
35,006
40,449
41,210
42,978
43,739
44,499
45,260
46,295
22
34,380
35,068
35,334
40,968
41,729
43,496
44,257
45,018
45,779
46,814
23
34,708
35,396
35,662
41,487
42,247
44,015
44,776
45,536
46,297
47,332
24
35,036
35,724
35,990
42,005
42,766
44,534
45,294
46,055
46,816
47,851
25
35,364
36,052
36,318
42,524
43,284
45,052
45,813
46,574
47,334
48,369
26
35,692
36,380
36,646
43,042
43,803
45,571
46,331
47,092
47,853
48,888
27
36,020
36,708
36,974
43,561
44,321
46,089
46,850
47,611
48,371
49,406
28
36,348
37,037
37,302
44,079
44,840
46,608
47,368
48,129
48,890
49,925
29
36,676
37,365
37,631
44,598
45,358
47,126
47,887
48,648
49,408
50,443
30
37,004
37,693
37,959
45,116
45,877
47,645
48,405
49,166
49,927
50,962
31
37,333
38,021
38,287
45,635
46,396
48,163
48,924
49,685
50,445
51,480
32
37,661
38,349
38,615
46,153
46,914
48,682
49,443
50,203
50,964
51,999
33
37,989
38,677
38,943
46,672
47,433
49,200
49,961
50,722
51,483
52,518
34
38,317
39,005
39,271
47,190
47,951
49,719
50,480
51,240
52,001
53,036
35
38,645
39,333
39,599
47,709
48,470
50,237
50,998
51,759
52,520
53,555
(a) The Legislature hereby finds and declares that the
rigorous standards and processes for certification by the National
Board for Professional Teaching Standards (NBPTS) helps to promote
the quality of teaching and learning. Therefore, classroom
teachers in the public schools of West Virginia should be
encouraged to achieve national board certification through a
reimbursement of expenses and an additional salary bonus which
reflects their additional certification, to be paid in accordance
with the provisions of this section.
(a) (1) The Legislature finds that achieving a nationally
recognized professional certification in speech-language pathology
or audiology involves a rigorous process of demonstrating both
knowledge and skills and results in highly trained and capable
employees. Individuals who attain national professional
certification by the American Speech-Language-Hearing Association
provide needed and essential services to the school students of
this state. Individuals should be encouraged to achieve and
maintain the national professional certification through
reimbursement of expenses and a salary bonus which reflects their
additional certification.
(a) In addition to any salary increments for principals and
assistant principals, in effect on the first day of January, two
thousand eight, and paid from local funds, and in addition to the
county schedule in effect for teachers, the county board shall pay
each principal a principal's salary increment and each assistant
principal an assistant principal's salary increment as prescribed
by this section from state funds appropriated for the salary
increments.
Upon the change of the training classification of any
teacher, his salary shall be made to comply with requirements of
this article and of any county schedule, where such exist, based
upon his new classification and allowable years of experience.
Notwithstanding any other provision of this code to the
contrary, seniority for professional personnel as defined in
section one, article one, chapter eighteen-a of this code shall be
calculated pursuant to the provisions of section seven-a of this
article as well as the following: Provided, That any recalculation
of seniority of a professional personnel employee that may be
required in order to remain consistent with the provisions
contained herein shall be calculated retroactively, but shall not
be utilized for the purposes of reversing any decision that has
been made or grievance that has been filed prior to the effective
date of this section:
A county board shall hire professional educators for positions
in summer school programs in accordance with section thirty-nine,
article five, chapter eighteen of this code or section seven-a of
this article, as applicable, except that a professional educator
who is regularly employed by the county board on a full-time basis
shall be given employment preference over applicants who are not
regularly employed by the county board on a full-time basis.
(a) The purpose of this section is to establish an employment
term and class titles for service personnel. The employment term
for service personnel may not be less than ten months. A month is
defined as twenty employment days. The county board may contract
with all or part of these service personnel for a longer term. The
beginning and closing dates of the ten-month employment term may
not exceed forty-three weeks.
STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp.
Pay Grade
A
B
C
D
E
F
G
H
0
1,627
1,648
1,689
1,741
1,793
1,855
1,886
1,958
1
1,659
1,680
1,721
1,773
1,825
1,887
1,918
1,990
2
1,691
1,712
1,753
1,805
1,857
1,919
1,950
2,022
3
1,723
1,744
1,785
1,837
1,889
1,951
1,982
2,054
4
1,755
1,776
1,817
1,869
1,921
1,983
2,014
2,087
5
1,787
1,808
1,849
1,901
1,953
2,015
2,046
2,119
6
1,819
1,840
1,882
1,933
1,985
2,047
2,078
2,151
7
1,852
1,872
1,914
1,965
2,017
2,079
2,110
2,183
8
1,884
1,904
1,946
1,997
2,049
2,111
2,142
2,215
9
1,916
1,936
1,978
2,030
2,081
2,143
2,174
2,247
10
1,948
1,969
2,010
2,062
2,113
2,176
2,207
2,279
11
1,980
2,001
2,042
2,094
2,145
2,208
2,239
2,311
12
2,012
2,033
2,074
2,126
2,178
2,240
2,271
2,343
13
2,044
2,065
2,106
2,158
2,210
2,272
2,303
2,375
14
2,076
2,097
2,138
2,190
2,242
2,304
2,335
2,407
15
2,108
2,129
2,170
2,222
2,274
2,336
2,367
2,439
16
2,140
2,161
2,202
2,254
2,306
2,368
2,399
2,472
17
2,172
2,193
2,235
2,286
2,338
2,400
2,431
2,504
18
2,204
2,225
2,267
2,318
2,370
2,432
2,463
2,536
19
2,237
2,257
2,299
2,350
2,402
2,464
2,495
2,568
20
2,269
2,289
2,331
2,383
2,434
2,496
2,527
2,601
21
2,301
2,321
2,363
2,415
2,466
2,528
2,559
2,634
22
2,333
2,354
2,395
2,447
2,498
2,561
2,593
2,666
23
2,365
2,386
2,427
2,479
2,531
2,594
2,625
2,699
24
2,397
2,418
2,459
2,511
2,563
2,627
2,658
2,732
25
2,429
2,450
2,491
2,543
2,596
2,659
2,691
2,764
26
2,461
2,482
2,523
2,576
2,629
2,692
2,723
2,797
27
2,493
2,514
2,555
2,608
2,661
2,724
2,756
2,829
28
2,525
2,546
2,588
2,641
2,694
2,757
2,789
2,863
29
2,557
2,579
2,621
2,673
2,726
2,790
2,821
2,896
30
2,591
2,611
2,654
2,706
2,759
2,822
2,854
2,928
31
2,623
2,644
2,687
2,739
2,792
2,855
2,887
2,961
32
2,656
2,676
2,719
2,772
2,824
2,888
2,919
2,994
33
2,689
2,709
2,752
2,805
2,857
2,920
2,953
3,026
34
2,721
2,743
2,785
2,838
2,890
2,954
2,986
3,059
35
2,754
2,775
2,817
2,870
2,923
2,987
3,018
3,092
36
2,787
2,808
2,850
2,903
2,956
3,019
3,051
3,124
37
2,819
2,841
2,883
2,936
2,989
3,052
3,083
3,157
38
2,852
2,873
2,915
2,968
3,021
3,084
3,116
3,190
39
2,885
2,906
2,948
3,001
3,054
3,117
3,149
3,222
40
2,917
2,939
2,980
3,033
3,087
3,150
3,181
3,256
(a) A county board shall make decisions affecting promotions
and the filling of any service personnel positions of employment or
jobs occurring throughout the school year that are to be performed
by service personnel as provided in section eight of this article,
on the basis of seniority, qualifications and evaluation of past
service.
(a) Notwithstanding any provision of this article to the
contrary, when a majority of the classroom teachers or school
service personnel, who vote to do so, in accordance with procedures
established in this section, and who are employed by a county
board, the board shall give priority to classroom teachers or
school service personnel in any school or schools to be closed as
a result of a consolidation or merger when filling positions in the
new school created by consolidation or newly created positions in
existing schools as a result of the merger.
(a) Seniority accumulation for a regular school service
person:
(a) Personal Leave.
(a) For the purposes of this section:
(a) For the purposes of this section, the following terms have
the following meanings:
(a) Definitions.
Whenever a majority of the full-time instructional and
administrative employees of a county or state board of education,
or a majority of the full-time nonteaching employees of such
board shall indicate in writing to the board of education that it
has adopted a group plan or plans of insurance for life, health
and accident, hospitalization or surgery insurance, or death
benefit plan on a group basis, and such majority has selected a
licensed insurance company or companies duly licensed to do
business in this state to write or provide for any one or more of
such group insurance, or death benefit coverages, the board shall
make proper periodical premium deductions from the regular salary
of any such employee as specified in a written assignment
furnished it by each such employee subscribing thereto, and pay
the aggregate of such salary deductions over to the insurance
company or companies or voluntary association so selected. Only
those companies whose plan or plans receive the majority vote
shall have the privilege of such deductions.
For the purpose of this section, when an employee shall have
attained the age of eighteen years the said employee may be
eligible to participate in the defined group plans.
Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus.
(a) The legislative oversight commission on education
accountability shall conduct a study of the length of time within
the instructional day needed by teachers to plan. The commission
may conduct the study as a whole or may appoint a subcommittee to
conduct the study under its direction. The study shall include,
but is not limited to, an examination of the following issues:
(a) The county board shall employ and the county
superintendent, subject to the approval of the county board, shall
assign substitute service personnel on the basis of seniority to
perform any of the following duties:
(1) The assignment of teachers and service personnel to
extracurricular assignments shall be made only by mutual agreement
of the employee and the superintendent, or designated
representative, subject to board approval. Extracurricular duties
shall mean, but not be limited to, any activities that occur at
times other than regularly scheduled working hours, which include
the instructing, coaching, chaperoning, escorting, providing
support services or caring for the needs of students, and which
occur on a regularly scheduled basis: Provided, That all school
service personnel assignments shall be considered extracurricular
assignments, except such assignments as are considered either
regular positions, as provided by section eight of this article, or
extra-duty assignments, as provided by section eight-b of this
article.
(a) The minimum salary scale for professional personnel and
service personnel employed by the state department of education to
provide education and support services to residents of state
department of health and human resources facilities, corrections
facilities providing services to juvenile and youthful offenders,
in the West Virginia schools for the deaf and the blind and in
public community and technical colleges providing middle college
services is the same as set forth in sections two, three and
eight-a of this article. Additionally, those personnel shall
receive the equivalent of salary supplements paid to professional
and service personnel employed by the county board in the county
wherein each facility is located, as set forth in sections five-a
and five-b of this article. Professional personnel and service
personnel in these facilities who earn advanced classification of
training after the effective date of this section shall be paid the
advanced salary from the date the classification of training is
earned. The professional personnel shall be certified, licensed or
trained, and shall meet other eligibility classifications as may be
required by the provisions of this chapter and by state board
regulations for comparable instructional personnel who are employed
by county boards. The professional personnel shall be paid at the
equivalent rate of pay of teachers as set forth in section two of
this article, but outside the public support plan, plus the
equivalent of the salary supplement paid to teachers employed by the county board in the county in which each facility is located,
as set forth in section five-a of this article.
(a) Personnel employed by the state department of education
who are required to hold a teaching certificate shall receive a
salary that is at least equal to the salary paid to comparable
professional personnel employed by the county board in the county
in which their office is located, minus the six hundred dollars
authorized pursuant to section two of this article for classroom
teachers with twenty years of experience.
(a) Notwithstanding the provisions of section seven-a of this
article relating to professional personnel or any other section of
this code to the contrary, any alteration of an employment contract
of a professional educator who is employed for more than two
hundred days, which alteration changes the number of days in the
employment term, shall not be deemed a creation of a new position,
nor shall such alteration require the posting of the position.
(a) From funds appropriated, the department of education may
pay the moving expenses for a teacher who meets the following
criteria:
A county board may not declare a position vacant and post a
job opening sooner than ten days following the death of an
individual employed in that position.
Repealed.
Repealed.
(a) The teacher shall stand in the place of the parent(s),
guardian(s) or custodian(s) in exercising authority over the school
and has control of all students enrolled in the school from the
time they reach the school until they have returned to their
respective homes, except that where transportation of students is
provided, the driver in charge of the school bus or other mode of
transportation shall exercise such authority and control over the
students while they are in transit to and from the school.
(a) A principal shall suspend a pupil from school or from
transportation to or from the school on any school bus if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Violated the provisions of subsection (b), section fifteen, article
two, chapter sixty-one of this code; (ii) violated the provisions
of subsection (b), section eleven-a, article seven of said chapter;
or (iii) sold a narcotic drug, as defined in section one hundred
one, article one, chapter sixty-a of this code, on the premises of
an educational facility, at a school-sponsored function or on a
school bus. If a student has been suspended pursuant to this
subsection, the principal shall, within twenty-four hours, request
that the county superintendent recommend to the county board that
the student be expelled. Upon such a request by a principal, the
county superintendent shall recommend to the county board that the
student be expelled. Upon such recommendation, the county board
shall conduct a hearing in accordance with subsections (e), (f) and (g) of this section to determine if the student committed the
alleged violation. If the county board finds that the student did
commit the alleged violation, the county board shall expel the
student.
(a) The Legislature finds that:
Notwithstanding any other provision of law, professional
personnel and other persons actively engaged in school work in
this state shall be required to serve on any jury during the
period of his contract with a board of education unless excused
therefrom by judge of the court. In the case of service on a jury
the board shall pay the difference between that allowed for such
jury service and the amount of salary due the person for such
period of time.
Every teacher, principal, supervisor, or other person
employed by a board of education shall keep such records and
shall make such reports as may be required by the state
superintendent of schools, and such records shall be kept and
such reports shall be made according to the forms and blanks
prescribed and furnished by the state superintendent. Teachers
shall also keep such other records and make such other reports as
may be required by the board of education employing them.
A school census of youths from birth through twenty years of
age as of September first of the year in which taken, or of such
ages as otherwise may locally be determined and of mentally and
physically handicapped persons of all ages, may be made as
directed by a county board of education. The school census may
be taken by the teachers or as otherwise directed by the county
board of education. Teachers taking the school census shall be
entitled to use school hours not to exceed a total of one school
day, and shall be compensated for such time as for time taught.
Every teacher shall, at the time of signing his contract to
teach, take an oath to support the constitution of the United
States and the constitution of the state of West Virginia, and to
honestly demean himself in the teaching profession and to the
best of his ability execute his position of teacher. Such oath
shall be printed on the contract form prescribed by the state
superintendent.
(a) Within the limitations provided in this section, any aide
who agrees to do so shall stand in the place of the parent or
guardian and shall exercise such authority and control over
students as is required of a teacher as provided in section one of
this article. The principal shall designate aides in the school
who agree to exercise that authority on the basis of seniority as
an aide and shall enumerate the instances in which the authority
shall be exercised by an aide when requested by the principal,
assistant principal or professional employee to whom the aide is
assigned.
Boards of education shall have authority to establish and
maintain a teachers retirement fund for both teachers and
nonteaching employees of their districts. The administration of
such funds shall be in accordance with the rules and regulations
of the state board of education relating thereto.
Pursuant to section ten, article two, chapter two of this
code, if any provision of this chapter or the application thereof
to any person or circumstance is held unconstitutional or invalid,
such unconstitutionality or invalidity shall not affect other
provisions or applications of the chapter, and to this end the
provisions of this chapter are declared to be severable.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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