(a) A county board shall
make decisions affecting promotions and the filling of any service personnel
positions of employment or jobs occurring throughout the school year that are
to be performed by service personnel as provided in section eight of this article,
on the basis of seniority, qualifications and evaluation of past service.
(b) Qualifications means
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, early childhood classroom assistant teacher and braille
or sign support specialist class titles are included in the same classification
category as aides: Provided, That employees holding the
paraprofessional, autism mentor and braille or sign support specialist
classification titles shall be considered fully qualified for early childhood
classroom assistant teacher positions when making application for such
positions: Provided, however, That employees holding the
paraprofessional, autism mentor and braille or sign support specialist
classification titles shall not be denied an opportunity to fill early
childhood classroom assistant teacher positions upon the basis that they do not
hold certification as an early childhood classroom assistant teacher, nor shall
applicants already holding a classification title as an early childhood
classroom assistant teacher be given preference over employees holding the
paraprofessional, autism mentor and braille or sign support specialist
classification titles; 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 persons 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) All vacancies in
existing or newly created positions shall be filled within twenty working days
from the closing date of the job posting for the position.
(4) The county board shall
notify the successful applicant 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 notification shall be sent annually,
with written receipt notification documented by the superintendent, and shall
list instructions to access job postings on any website maintained by or
available for the use of the county board.
(q) A position opening 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.
NOTE: The purpose of this bill is
to provide that paraprofessional, autism mentor and braille or sign support
specialist qualify for early childhood classroom assistant teacher positions.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
WEST virginia Legislature