Bill Text: WV SB467 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requiring incidence reports when teachers are unlawfully assigned any responsibility during their planning period
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2011-03-02 - To House Education [SB467 Detail]
Download: West_Virginia-2011-SB467-Introduced.html
Senate Bill No. 467
(By Senators Plymale, Kessler (Acting President), Stollings,
Miller, Beach, Chafin and Foster)
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[Introduced February 8, 2011; referred to the Committee on
Education.]
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Be it enacted by the Legislature of West Virginia:
That §18A-4-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-14. Duty-free lunch and daily planning period for certain employees.
(1) Notwithstanding the provisions of section seven, article two of this chapter, every teacher who is employed for a period of time more than one-half the class periods of the regular school day and every servicepersonnel person whose employment is for a period of more than three and one-half hours per day and whose pay is at
least the amount indicated in the "state minimum pay scale" as set
forth in section eight-a of this article shall be provided a daily
lunch recess of not less than thirty consecutive minutes, and such
the employee shall not be assigned any responsibilities during this
recess. Such The recess shall be included in the number of hours
worked, and no county shall increase the number of hours to be
worked by an employee as a result of such the employee being
granted a recess under the provisions of this section.
(2) Every teacher who is regularly employed for a period of time more than one-half the class periods of the regular school day shall be provided at least one planning period within each school instructional day to be used to complete necessary preparations for the instruction of pupils.Such The planning period shall be the
length of the usual class period in the school to which such the
teacher is assigned, and shall be not less than thirty minutes. No
teacher shall be assigned any responsibilities during this period
without the consent of the teacher, and no county shall increase
the number of hours to be worked by a teacher as a result of such
the teacher being granted a planning period subsequent to the
adoption of this section (March 13, 1982).
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection, including, but not limited to, assuming control of the class period or supervision of students during the time the teacher is engaged in the planning period. Substitute teachersmay also may be
utilized used to assist with classroom responsibilities under this
subsection: Provided, That any substitute teacher who is employed
to teach a minimum of two consecutive days in the same position
shall be granted a planning period pursuant to this section.
(3) Nothing in this section shall be construed to prevent any teacher from exchanging his or her lunch recess or a planning period or any servicepersonnel person from exchanging his or her
lunch recess for any compensation or benefit mutually agreed upon
by the employee and the county superintendent of schools or his or
her agent: Provided, That a teacher and the superintendent or his
or her agent may not agree to terms which are different from those
available to any other teacher granted rights under this section
within the individual school or to terms which in any way
discriminate among such the teachers within the individual school,
and that service personnel granted rights under this section and
the superintendent or his or her agent may not agree to terms which
are different from those available to any other service personnel
within the same classification category granted rights under this
section within the individual school or to terms which in any way
discriminate among such the service personnel within the same
classification category within the individual school.
NOTE: The purpose of this bill is to redefine planning periods for teachers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
Bill Title: Requiring incidence reports when teachers are unlawfully assigned any responsibility during their planning period
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2011-03-02 - To House Education [SB467 Detail]
Download: West_Virginia-2011-SB467-Introduced.html
A BILL to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to preventing teachers from being assigned additional responsibilities during planning period without teacher's consent.
Be it enacted by the Legislature of West Virginia:
That §18A-4-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-14. Duty-free lunch and daily planning period for certain employees.
(1) Notwithstanding the provisions of section seven, article two of this chapter, every teacher who is employed for a period of time more than one-half the class periods of the regular school day and every service
(2) Every teacher who is regularly employed for a period of time more than one-half the class periods of the regular school day shall be provided at least one planning period within each school instructional day to be used to complete necessary preparations for the instruction of pupils.
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions of this subsection, including, but not limited to, assuming control of the class period or supervision of students during the time the teacher is engaged in the planning period. Substitute teachers
(3) Nothing in this section shall be construed to prevent any teacher from exchanging his or her lunch recess or a planning period or any service
NOTE: The purpose of this bill is to redefine planning periods for teachers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.