Bill Text: WV HB2895 | 2011 | Regular Session | Introduced
Bill Title: Relating to sign language interpreter certification and commercial driver's license for school service personnel
Sponsorship: Partisan Bill (Democrat 8)
Status: (Introduced - Dead) 2011-02-04 - To House Finance [HB2895 Detail]
Download: West_Virginia-2011-HB2895-Introduced.html
(By Delegates Perry, Moye, Pino, Hall,
Frazier, Moore, Martin and Shaver)
[Introduced January 27, 2011; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A- 4-8a of said code, all relating to sign language interpreter certification and commercial driver's license for school service personnel; and adding and changing classification of service personnel.
Be it enacted by the Legislature of West Virginia:
That §18A-2-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18A-4-8 and §18A-4-8a of said code be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-4. Commercial driver's license for school personnel; intrastate waiver for bus operators diagnosed with diabetes mellitus requiring insulin; reimbursement of electrician's and commercial driver's licenseand sign language interpreter certification when required.
(a) If a commercial driver's license is required as a condition of employment for any school employee or qualified applicant who becomes an employee by a county board of education, the cost shall be paid in full by the employer.
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) If an employee who is employed as a sign language interpreter I or II is required to undertake any training or continuing education in order to renew or maintain certification as a sign language interpreter I or II, the cost of such certification renewal shall be paid in full by the county board of education.
(f) Time devoted to process of maintaining or acquiring certification, including instructional time, training and testing, that is a condition of employment for a service employee shall constitute continuing education for meeting the annual continuing education requirements as outlined by policies of state board of education.
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 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.
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(56) "Sign Language Interpreter I" means a person employed by a county board of education to provide sign language interpretation, both receptively and expressively, for students who are deaf or hearing impaired, are able to access environments through audition, and utilize American sign language as a supplement to the communication process. The duties of this employee shall include, but not be limited to, facilitating communication between spoken and signed languages for and between deaf or hearing impaired students and faculty, staff and other students. Employees within this classification title must meet the requirements for initial certification as a paraprofessional/education interpreter as provided by policy of the state board of education. A sign language specialist I may be assigned to a student with an exceptionality other than deaf or hearing impairment if it is determined that the student needs sign language to support his/her expressive communication.
(57) "Sign Language Interpreter II" means a person employed by a county board of education to provide sign language interpretation, both receptively and expressively, for students who are deaf or hearing impaired are not able to access the environment through audition, and utilize American sign language as the sole or primary means of communication. The duties of this employee shall include, but not be limited to facilitating communication between spoken and signed languages for and between deaf or hearing impaired students and faculty, staff and other students. Employees within this classification title must meet the requirements for permanent certification as a paraprofessional/education interpreter as provided by policy of the state board of education. A sign language specialist II may be assigned to a student with an exceptionality other than deaf or hearing impairment if it is determined that the student needs sign language to support his/her expressive communication;
(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.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) 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 section.
| STATE MINIMUM PAY SCALE PAY GRADE | ||||||||
|
Years Exp . |
|
|||||||
| A | B | C | D | E | F | G | H | |
| 0 |
|
1,598 | 1,639 | 1,691 | 1,743 | 1,805 | 1,836 | 1,908 |
| 1 | 1,609 | 1,630 | 1,671 | 1,723 | 1,775 | 1,837 | 1,868 | 1,940 |
| 2 | 1,641 | 1,662 | 1,703 | 1,755 | 1,807 | 1,869 | 1,900 | 1,972 |
| 3 | 1,673 | 1,694 | 1,735 | 1,787 | 1,839 | 1,901 | 1,932 | 2,004 |
| 4 | 1,705 | 1,726 | 1,767 | 1,819 | 1,871 | 1,933 | 1,964 | 2,037 |
| 5 | 1,737 | 1,758 | 1,799 | 1,851 | 1,903 | 1,965 | 1,996 | 2,069 |
| 6 | 1,769 | 1,790 | 1,832 | 1,883 | 1,935 | 1,997 | 2,028 | 2,101 |
| 7 | 1,802 | 1,822 | 1,864 | 1,915 | 1,967 | 2,029 | 2,060 | 2,133 |
| 8 | 1,834 | 1,854 | 1,896 | 1,947 | 1,999 | 2,061 | 2,092 | 2,165 |
| 9 | 1,866 | 1,886 | 1,928 | 1,980 | 2,031 | 2,093 | 2,124 | 2,197 |
| 10 | 1,898 | 1,919 | 1,960 | 2,012 | 2,063 | 2,126 | 2,157 | 2,229 |
| 11 | 1,930 | 1,951 | 1,992 | 2,044 | 2,095 | 2,158 | 2,189 | 2,261 |
| 12 | 1,962 | 1,983 | 2,024 | 2,076 | 2,128 | 2,190 | 2,221 | 2,293 |
| 13 | 1,994 | 2,015 | 2,056 | 2,108 | 2,160 | 2,222 | 2,253 | 2,325 |
| 14 | 2,026 | 2,047 | 2,088 | 2,140 | 2,192 | 2,254 | 2,285 | 2,357 |
| 15 | 2,058 | 2,079 | 2,120 | 2,172 | 2,224 | 2,286 | 2,317 | 2,389 |
| 16 | 2,090 | 2,111 | 2,152 | 2,204 | 2,256 | 2,318 | 2,349 | 2,422 |
| 17 | 2,122 | 2,143 | 2,185 | 2,236 | 2,288 | 2,350 | 2,381 | 2,454 |
| 18 | 2,154 | 2,175 | 2,217 | 2,268 | 2,320 | 2,382 | 2,413 | 2,486 |
| 19 | 2,187 | 2,207 | 2,249 | 2,300 | 2,352 | 2,414 | 2,445 | 2,518 |
| 20 | 2,219 | 2,239 | 2,281 | 2,333 | 2,384 | 2,446 | 2,477 | 2,550 |
| 21 | 2,251 | 2,271 | 2,313 | 2,365 | 2,416 | 2,478 | 2,509 | 2,582 |
| 22 | 2,283 | 2,304 | 2,345 | 2,397 | 2,448 | 2,511 | 2,542 | 2,614 |
| 23 | 2,315 | 2,336 | 2,377 | 2,429 | 2,481 | 2,543 | 2,574 | 2,646 |
| 24 | 2,347 | 2,368 | 2,409 | 2,461 | 2,513 | 2,575 | 2,606 | 2,678 |
| 25 | 2,379 | 2,400 | 2,441 | 2,493 | 2,545 | 2,607 | 2,638 | 2,710 |
| 26 | 2,411 | 2,432 | 2,473 | 2,525 | 2,577 | 2,639 | 2,670 | 2,742 |
| 27 | 2,443 | 2,464 | 2,505 | 2,557 | 2,609 | 2,671 | 2,702 | 2,774 |
| 28 | 2,475 | 2,496 | 2,537 | 2,589 | 2,641 |
2,703 |
2,734 | 2,807 |
| 29 | 2,507 | 2,528 | 2,570 | 2,621 | 2,673 | 2,735 | 2,766 | 2,839 |
| 30 | 2,540 | 2,560 | 2,602 | 2,653 | 2,705 | 2,767 | 2,798 | 2,871 |
| 31 | 2,572 | 2,592 | 2,634 | 2,685 | 2,737 | 2,799 | 2,830 | 2,903 |
| 32 | 2,604 | 2,624 | 2,666 | 2,718 | 2,769 | 2,831 | 2,862 | 2,935 |
| 33 | 2,636 | 2,656 | 2,698 | 2,750 | 2,801 | 2,863 | 2,895 | 2,967 |
| 34 | 2,668 | 2,689 | 2,730 | 2,782 | 2,833 | 2,896 | 2,927 | 2,999 |
| 35 | 2,700 | 2,721 | 2,762 | 2,814 | 2,866 | 2,928 | 2,959 | 3,031 |
| 36 | 2,732 | 2,753 | 2,794 | 2,846 | 2,898 | 2,960 | 2,991 | 3,063 |
| 37 | 2,764 | 2,785 | 2,826 | 2,878 | 2,930 | 2,992 | 3,023 | 3,095 |
| 38 | 2,796 | 2,817 | 2,858 | 2,910 | 2,962 | 3,024 | 3,055 | 3,127 |
| 39 | 2,828 | 2,849 | 2,890 | 2,942 | 2,994 | 3,056 | 3,087 | 3,159 |
| 40 | 2,860 | 2,881 | 2,922 | 2,974 | 3,026 | 3,088 | 3,119 | 3,192 |
Pay Grade
Accountant I ................................................. D
Accountant II ................................................ E
Accountant III ............................................... F
Accounts Payable Supervisor ................................... G
Aide II ...................................................... B
Aide III ..................................................... C
Aide IV ...................................................... D
Auditor ...................................................... G
Autism Mentor ................................................ F
Braille
Bus Operator ................................................. D
Buyer ........................................................ F
Cabinetmaker ................................................. G
Cafeteria Manager ............................................ D
Carpenter II ................................................. F
Chief Mechanic ............................................... G
Clerk II...................................................... C
Computer Operator ............................................ E
Cook I ....................................................... 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 II ............................................... G
Electronic Technician II ..................................... G
Executive Secretary .......................................... G
Food Services Supervisor ..................................... G
Foreman ...................................................... G
General Maintenance .......................................... C
Graphic
Graphic Communications Operator............................... G
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 Language Interpreter I................................... F
Sign Language Interpreter II................................... G
Supervisor of Maintenance .................................... H
Supervisor of Transportation ................................. H
Truck Driver ................................................. D
Warehouse Clerk .............................................. C
Welder ....................................................... F
(b) An additional twelve dollars 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 eleven dollars 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 forty dollars 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 eleven dollars 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) 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 ten dollars per month and one half of the pay shall be paid with local funds.
(g) 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.
(h) 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.
(i) 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.
(j) 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 personnel employee 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.
(k) 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 thirty dollars 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.
(l) 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 certified professional personnel 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 certified professional personnel" means that certified professional personnel is present, with and accompanying the aide.
NOTE: The purpose of this bill is adding and changing classifications of school service personnel.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
