Bill Text: WV HB2037 | 2019 | Regular Session | Introduced

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Bill Title: Creating an additional class of special education classroom aides

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-01-09 - To House Education [HB2037 Detail]

Download: West_Virginia-2019-HB2037-Introduced.html

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WEST virginia Legislature

2019 regular session

Introduced

House Bill 2037

By Delegates Thompson and Rohrbach

[Introduced January 9, 2019; Referred
to the Committee on Education then Finance.]

A BILL to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to creating an additional class of special education classroom aides and to specify the pay grade for this class of school service personnel.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

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

(a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be less than 10 months. A month is defined as 20 employment days. The county board may contract with all or part of these service personnel for a longer term.

(b) Service personnel employed on a yearly or 12-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 200 day minimum employment term are paid for additional employment at a daily rate of not less than the daily rate paid for the 200 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 is 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 is 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 is 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 §18A‑1‑1 et seq. of this code.

(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 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 §18A-2-5 of this code, 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 §18A‑4‑8a of this code, 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 §18A‑4‑8a of this code, years of employment is limited to the number of years shown and allowed under the state minimum pay scale as set forth in §18A‑4‑8a of this code;

(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 18 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) “Aide V” means a special education classroom aide who has elected to complete three e-learning classes, designed to improve skills and competencies related to the provision of services to special needs students, provided through the Department of Education’s Office of Special Education;

(12) (13) “Audiovisual technician” means a person employed to perform minor maintenance on audiovisual equipment, films, and supplies and who fills requests for equipment;

(13) (14) “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) (15) “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 §18A‑4‑8b of this code;

(15) (16) “Braille specialist” means a person employed to provide braille assistance to students. A service person who has held or holds an aide title and becomes employed as a braille specialist shall hold a multiclassification status that includes both aide and braille specialist title, in accordance with §18A‑4‑8b of this code;

(16) (17) “Bus operator” means a person employed to operate school buses and other school transportation vehicles as provided by the state board;

(17) (18) “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) (19) “Cabinetmaker” means a person employed to construct cabinets, tables, bookcases and other furniture;

(19) (20) “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) (21) “Carpenter I” means a person classified as a carpenter's helper;

(21) (22) “Carpenter II” means a person classified as a journeyman carpenter;

(22) (23) “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) (24) “Clerk I” means a person employed to perform clerical tasks;

(24) (25) “Clerk II” means a person employed to perform general clerical tasks, prepare reports and tabulations, and operate office machines;

(25) (26) “Computer operator” means a qualified person employed to operate computers;

(26) (27) “Cook I” means a person employed as a cook's helper;

(27) (28) “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) (29) “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) (30) “Crew leader” means a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;

(30) (31) “Custodian I” means a person employed to keep buildings clean and free of refuse;

(31) (32) “Custodian II” means a person employed as a watchman or groundsman;

(32) (33) “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) (34) “Custodian IV” means a person employed as a head custodian. In addition to providing services as defined in “Custodian III” duties may include supervising other custodian personnel;

(34) (35) “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 is 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) (36) “Draftsman” means a person employed to plan, design and produce detailed architectural/engineering drawings;

(36) (37) “Early Childhood Classroom Assistant Teacher I” means a person who does not possess minimum requirements for the permanent authorization requirements, but is enrolled in and pursuing requirements;

(37) (38) “Early Childhood Classroom Assistant Teacher II” means a person who has completed the minimum requirements for a state-awarded certificate for early childhood classroom assistant teachers as determined by the state Board;

(38) (39) “Early Childhood Classroom Assistant Teacher III” means a person who has completed permanent authorization requirements, as well as additional requirements comparable to current paraprofessional certificate;

(39) (40) “Educational Sign Language Interpreter I” means a person employed to provide communication access across all educational environments to students who are deaf or hard of hearing, and who holds the Initial Paraprofessional Certificate – Educational Interpreter pursuant to state board policy;

(40) (41) “Educational Sign Language Interpreter II” means a person employed to provide communication access across all educational environments to students who are deaf or hard of hearing, and who holds the Permanent Paraprofessional Certificate – Educational Interpreter pursuant to state board policy;

(41) (42) “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;

(42) (43) “Electrician II” means a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the State Fire Marshal;

(43) (44) “Electronic technician I” means a person employed at the apprentice level to repair and maintain electronic equipment;

(44) (45) “Electronic technician II” means a person employed at the journeyman level to repair and maintain electronic equipment;

(45) (46) “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;

(46) (47) “Food services supervisor” means a qualified person who is not a professional person or professional educator as defined in §18A‑1‑1 et seq. of this code. 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;

(47) (48) “Foreman” means a skilled person employed to supervise personnel who work in the areas of repair and maintenance of school property and equipment;

(48) (49) “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;

(49) (50) “Glazier” means a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;

(50) (51) “Graphic artist” means a person employed to prepare graphic illustrations;

(51) (52) “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;

(52) (53) “Handyman” means a person employed to perform routine manual tasks in any operation of the county school system;

(53) (54) “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;

(54) (55) “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;

(55) (56) “Heavy equipment operator” means a person employed to operate heavy equipment;

(56) (57) “Inventory supervisor” means a person employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;

(57) (58) “Key punch operator” means a qualified person employed to operate key punch machines or verifying machines;

(58) (59) “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;

(59) (60) “Locksmith” means a person employed to repair and maintain locks and safes;

(60) (61) “Lubrication man” means a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;

(61) (62) “Machinist” means a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shader, threading machine and wheel press. A person holding this class title also should have the ability to work from blueprints and drawings;

(62) (63) “Mail clerk” means a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;

(63) (64) “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;

(64) (65) “Mason” means a person employed to perform tasks connected with brick and block laying and carpentry tasks related to these activities;

(65) (66) “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;

(66) (67) “Mechanic assistant” means a person employed as a mechanic apprentice and helper;

(67) (68) “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 is the higher pay grade of the class titles involved;

(68) (69) “Office equipment repairman I” means a person employed as an office equipment repairman apprentice or helper;

(69) (70) “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;

(70) (71) “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;

(71) (72) “Paraprofessional” means a person certified pursuant to §18A‑3‑2a of this code 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 §18A‑4‑8b of this code; 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;

(72) (73) “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;

(73) (74) “Plumber I” means a person employed as an apprentice plumber and helper;

(74) (75) “Plumber II” means a person employed as a journeyman plumber;

(75) (76) “Printing operator” means a person employed to operate duplication equipment, and to cut, collate, staple, bind and shelve materials as required;

(76) (77) “Printing supervisor” means a person employed to supervise the operation of a print shop;

(77) (78) “Programmer” means a person employed to design and prepare programs for computer operation;

(78) (79) “Roofing/sheet metal mechanic” means a person employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;

(79) (80) “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;

(80) (81) “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;

(81) (82) “Secretary I” means a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;

(82) (83) “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;

(83) (84) “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”;

(84) (85) “Sign Support Specialist” means a person employed to provide sign supported speech assistance to students who are able to access environments through audition. A person who has held or holds an aide title and becomes employed as a sign support specialist shall hold a multiclassification status that includes both aide and sign support specialist titles, in accordance with §18A‑4‑8b of this code.

(85) (86) “Supervisor of maintenance” means a skilled person who is not a professional person or professional educator as defined in §18A‑1‑1 et seq. of this code. 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;

(86) (87) “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 multiclassification 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 consists of serving as a bus operator, bus aide, assistant mechanic, mechanic, chief mechanic or in a clerical position within the transportation department;

(87) (88) “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;

(88) (89) “Truck driver” means a person employed to operate light or heavy duty gasoline and diesel-powered vehicles;

(89) (90) “Warehouse clerk” means a person employed to be responsible for receiving, storing, packing and shipping goods;

(90) (91) “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;

(91) (92) “Welder” means a person employed to provide acetylene or electric welding services for a school system; and

(92) (93) “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 §18A‑4‑8a of this code, 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 §18A‑4‑8a of this code 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 §18A‑4‑8e of this code.

(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 §18A‑4‑8b of this code, 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, is not considered to hold itinerant status.

(s) Any service person holding a classification title on June 30, 2013, that is removed from the classification schedule pursuant to amendment and reenactment of this section in the year 2013, has his or her employment contract revised as follows:

(1) Any service person holding the Braille or Sign Language Specialist classification title has that classification title renamed on his or her employment contract as either Braille Specialist or Sign Support Specialist. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Braille or Sign Language Specialist classification prior to July 1, 2013, continues to be credited as seniority earned in the Braille Specialist or Sign Support Specialist classification;

(2) Any service person holding the Paraprofessional classification title and holding the Initial Paraprofessional Certificate – Educational Interpreter has the title Educational Sign Language Interpreter I added to his or her employment contract. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Paraprofessional classification prior to July 1, 2013, continues to be credited as seniority earned in the Educational Sign Language Interpreter I classification; and

(3) Any service person holding the Paraprofessional classification title and holding the Permanent Paraprofessional Certificate – Educational Interpreter has the title Educational Sign Language Interpreter II added to his or her employment contract. This action does not result in a loss or reduction of salary or supplement by any employee. Any seniority earned in the Paraprofessional classification prior to July 1, 2013, continues to be credited as seniority earned in the Educational Sign Language Interpreter II classification;

(t) Any person employed as an aide in a kindergarten program who is eligible for full retirement benefits before the first day of the instructional term in the 2020-2021 school year, may not be subject to a reduction in force or transferred to create a vacancy for the employment of a less senior Early Childhood Classroom Assistant Teacher;

(u) A person who has held or holds an aide title and becomes employed as an Early Childhood Classroom Assistant Teacher shall hold a multiclassification status that includes aide and/or paraprofessional titles in accordance with §18A‑4‑8b of this code.

§18A-4-8a. Service personnel minimum monthly salaries.

(a) The minimum monthly pay for each service employee shall be as follows:

(1) For school year 2018–2019, 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.

STATE MINIMUM PAY SCALE PAY GRADE

	Years Exp.						PAY GRADE
		A	B	C	D			E	F	G	H
	0	1,770	1,791	1,833	1,886			1,939	2,002	2,034	2,107
	1	1,802	1,824	1,865	1,918			1,972	2,035	2,066	2,140
	2	1,835	1,856	1,898	1,951			2,004	2,067	2,099	2,172
	3	1,867	1,889	1,931	1,984			2,037	2,100	2,132	2,205
	4	1,900	1,922	1,963	2,016			2,069	2,133	2,164	2,239
	5	1,933	1,954	1,996	2,049			2,102	2,165	2,197	2,271
	6	1,965	1,987	2,030	2,082			2,135	2,198	2,230	2,304
	7	1,999	2,019	2,062	2,114			2,167	2,231	2,262	2,337
	8	2,032	2,052	2,095	2,147			2,200	2,263	2,295	2,369
	9	2,064	2,085	2,128	2,181			2,233	2,296	2,327	2,402
	10	2,097	2,118	2,160	2,213			2,265	2,330	2,361	2,435
	11	2,130	2,151	2,193	2,246			2,298	2,362	2,394	2,467
	12	2,162	2,184	2,225	2,279			2,332	2,395	2,426	2,500
	13	2,195	2,216	2,258	2,311			2,364	2,427	2,459	2,533
	14	2,228	2,249	2,291	2,344			2,397	2,460	2,492	2,565
	15	2,260	2,282	2,323	2,376			2,429	2,493	2,524	2,598
	16	2,293	2,314	2,356	2,409			2,462	2,525	2,557	2,631
	17	2,325	2,347	2,390	2,442			2,495	2,558	2,590	2,664
	18	2,358	2,380	2,422	2,474			2,527	2,591	2,622	2,697
	19	2,392	2,412	2,455	2,507			2,560	2,623	2,655	2,729
	20	2,424	2,445	2,488	2,541			2,593	2,656	2,688	2,763
	21	2,457	2,477	2,520	2,573			2,625	2,689	2,720	2,797
	22	2,490	2,511	2,553	2,606			2,658	2,722	2,754	2,829
	23	2,522	2,544	2,586	2,639			2,692	2,756	2,788	2,863
	24	2,555	2,576	2,618	2,671			2,724	2,790	2,821	2,897
	25	2,588	2,609	2,651	2,704			2,758	2,822	2,855	2,929
	26	2,620	2,642	2,683	2,738			2,792	2,856	2,887	2,963
	27	2,653	2,674	2,716	2,770			2,824	2,888	2,921	2,996
	28	2,686	2,707	2,750	2,804			2,858	2,922	2,955	3,030
	29	2,718	2,741	2,783	2,836			2,891	2,956	2,987	3,064
	30	2,752	2,773	2,817	2,870			2,924	2,988	3,021	3,097
	31	2,785	2,807	2,851	2,904			2,958	3,022	3,055	3,130
	32	2,819	2,840	2,883	2,937			2,990	3,056	3,087	3,164
	33	2,853	2,873	2,917	2,971			3,024	3,088	3,121	3,197
	34	2,885	2,907	2,951	3,005			3,058	3,122	3,155	3,230
	35	2,919	2,941	2,983	3,037			3,090	3,156	3,188	3,264
	36	2,953	2,974	3,017	3,071			3,125	3,189	3,222	3,296
	37	2,985	3,008	3,051	3,105			3,159	3,223	3,255	3,330
	38	3,019	3,040	3,083	3,137			3,191	3,256	3,288	3,364
	39	3,053	3,074	3,117	3,171			3,225	3,289	3,322	3,396
	40	3,085	3,108	3,150	3,204			3,259	3,323	3,355	3,430

 (2) Each service employee shall receive the amount prescribed in the State Minimum Pay Scale Pay Grade 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

Aide V ..................................................................................................................... E

Audiovisual Technician .......................................................................................... C

Auditor .................................................................................................................... G

Autism Mentor ........................................................................................................ F

Braille 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

Early Childhood Classroom Assistant Teacher I ................................................... E

Early Childhood Classroom Assistant Teacher II .................................................. E

Early Childhood Classroom Assistant Teacher III ................................................. F

Educational Sign Language Interpreter I ............................................................... F

Educational Sign Language Interpreter II ............................................................. G

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

Sign Support Specialist .......................................................................................... E

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 is added to the minimum monthly pay of each service person who holds a high school diploma or its equivalent.

(c) An additional $11 per month also is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds 12 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(2) A service person who holds 24 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(3) A service person who holds 36 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(4) A service person who holds 48 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(5) A service employee who holds 60 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(6) A service person who holds 72 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(7) A service person who holds 84 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(8) A service person who holds 96 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(9) A service person who holds 108 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(10) A service person who holds 120 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 is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds an associate’s degree;

(2) A service person who holds a bachelor’s degree;

(3) A service person who holds a master’s degree;

(4) A service person who holds a doctorate degree.

(e) An additional $11 per month is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds a bachelor’s degree plus 15 college hours;

(2) A service person who holds a master’s degree plus 15 college hours;

(3) A service person who holds a master’s degree plus 30 college hours;

(4) A service person who holds a master’s degree plus 45 college hours; and

(5) A service person who holds a master’s degree plus 60 college hours.

(f) To meet the objective of salary equity among the counties, each service person is paid an equity supplement, as set forth in §18A-4-5 of this code, of $164 per month, subject to the provisions of that section. These payments: (i) Are 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 §18A-4-5b of this code; (ii) are paid in equal monthly installments; and (iii) are considered a part of the state minimum salaries for service personnel.

(g) When any part of a school service person’s daily shift of work is performed between the hours of 6:00 p. m. and 5:00 a. m. the following day, the employee is paid no less than an additional $10 per month and one half of the pay is paid with local funds.

(h) Any service person required to work on any legal school holiday is paid at a rate one and one-half times the person’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 is 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) A service person may not have his or her daily work schedule changed during the school year without the employee’s written consent and the person’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 §18A-4-8b of this code is no less than one seventh of the person’s daily total salary for each hour the person 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 persons within that classification category of employment within that county: Provided, however, That the vote is 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 is prorated accordingly. When performing extra duty assignments, persons who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the person were employed on a full-day salary basis.

(l) The minimum pay for any service personnel engaged in the removal of asbestos material or related duties required for asbestos removal is 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 is 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 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 §18A-5-8 of this code, an aide is 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.

 

NOTE: The purpose of this bill is to create an additional class of special education classroom aide and to specify the pay grade for this class of school service personnel.

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