COMMITTEE SUBSTITUTE

FOR

H. B. 2189


(By Delegates Caputo, Paxton, Perry, Fragale and M. Poling)

(Originating in the Committee on Education)


[February 20, 2007]


A BILL to amend and reenact 18-5-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact 18A-4-8, 18A-4- 8f, 18A-4-8g and 18A-4-15 of said code, all relating to public schools and county boards of education; school service personnel; authority of county boards of education; expanding purposes for which schools may expend funds; establishing certain vehicle and driver safety requirements for transporting students to a school-sponsored activity; expanding the purposes for which county boards may lease school buses; establishing service personnel classification title for licensed practical nurse; prohibiting displacement of aides to create vacancy for licensed practical nurse; establishing parameters for the workday and beginning work station for certain service personnel; modifying process for determining certain service personnel hiring priority in cases of school merger or consolidation; and modifying employment benefits accrued by substitute service personnel.

Be it enacted by the Legislature of West Virginia:
That 18-5-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that 18A-4-8, 18A-4-8f, 18A-4-8g and 18A-4-15 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.
18-5-13. Authority of boards generally.
Each county board Subject to the provisions of this chapter and the rules of the state board, each county board has the authority:
(a) To control and manage all of the schools and school interests for all school activities and upon all school property whether owned or leased by the county, including the authority to: require that records be kept of
(1) Require schools to keep records regarding funds connected with the school or school interests, including all receipts and disbursements of all funds collected or received by:
(A) Any principal, teacher, student or other person in connection with the schools and school interests; any programs, activities or other endeavors
(B) Any program, activity or other endeavor of any nature operated or carried on conducted by or in the name of the school; or to and
(C) Any organization or body directly connected with the school;
(2) Allow schools to expend funds for student, parent, teacher and community recognition programs. A school may use only funds it generates through a fund-raising or donation-soliciting activity. Prior to commencing the activity, the school shall:
(A) Publicize the activity as intended for this purpose; and
(B) Designate for this purpose the funds generated;
(3) Audit the records and to conserve the funds, which shall be considered quasipublic moneys including securing surety bonds by expenditure of expending board moneys. The funds described in this subsection are quasipublic funds, which means the moneys were received for the benefit of the school system as a result of curricular or noncurricular activities;
(b) To establish:
(1) Schools, from preschool through high school; inclusive of

(2) Vocational schools; and to establish
(3) Schools and programs or both for post-high school instruction, subject to approval of the state board;
(c) To close any school:
(1) Which is unnecessary and to assign the pupils of the school assign the students to other schools. Provided, That The closing shall be officially acted upon, and occur pursuant to official action of the board. Except in emergency situations when the timing and manner of notification are subject to approval by the state superintendent, the county board shall notify the affected teachers and service personnel involved notified on or before of the board action not later than the first Monday in April. Notification shall be provided in the same manner as provided set forth in section four of this article; except in an emergency, subject to the approval of the state superintendent or under subdivision or
(2) Pursuant to the provisions of subsection (e) of this section;
(d) To consolidate schools;
(e) To close any elementary school whose average daily attendance falls below twenty pupils students for two consecutive months. in succession and send the pupils The county board may assign the students to other schools in the district or to schools in adjoining districts. If the teachers in the closed school are not transferred or reassigned to other schools, they shall receive one month's salary;
(f) To provide transportation according to such rules as the board may establish, as follows:
(1) To provide at public expense adequate means of transportation: including transportation across county lines for students whose transfer from one district to another is agreed to by both county boards as reflected in the minutes of their respective meetings
(A) For all children of school age who live more than two miles distance from school by the nearest available road; to provide at public expense, according to such rules as the board may establish, adequate means of transportation
(B) For school children participating in county board-approved curricular and extracurricular activities; to provide at public expense, by rules and
(C) Across county lines for students transferred from one district to another by mutual agreement of both county boards. The agreement:
(i) Shall be recorded in the meeting minutes of each participating board; and
(ii) Is subject to the provisions of subsection (h) of this section.
(D) Within the available revenues, transportation for those for students within two miles distance of the school; and
(2) To provide at no cost to the county board and according to rules established by the board transportation for participants in projects operated, financed, sponsored or approved by the commission on aging. all subject to the following: (A) Such transportation shall be provided at no cost to the county board. All costs and expenses incident in any way to such transportation for projects connected with the commission on aging shall be borne by the commission or the local or county chapter of the commission;
(B) In all cases, the school buses
(3) Any school bus owned by the county board shall be driven or may only be operated only by drivers by a bus operator regularly employed by the county board; (C) The county board may provide, under
(4) Pursuant to rules established by the state board, for the certification of the county board may provide for professional employees as drivers of to be certified to drive county board-owned vehicles with that have a seating capacity of less than ten passengers. used for the transportation of pupils Such employees may use the vehicles to transport students for school-sponsored activities, other than transporting but may not use the vehicles to transport students between school and home. The use of the vehicles shall be limited to one for each Not more than one such vehicle may be used for any school-sponsored activity; and (D)
(5) Students may not be transported to a school-sponsored activity in any vehicle that does not meet school bus or public transit rating;
(6) Students may be transported to a school-sponsored activity in a vehicle that has a seating capacity of sixteen or more passengers which is not owned and operated by the county board only as follows:
(A) The State Board shall promulgate a rule to establish requirements for:
(i) Automobile insurance coverage;
(ii) Vehicle safety specifications;
(iii) School bus or public transit rating; and
(iv) Driver training, certification and criminal history record check; and
(B) The vehicle owner shall provide to the county board proof that the vehicle and driver satisfy the requirements of the State Board rule; and
(7)
Buses shall be used for extracurricular activities as provided in this section only when the insurance provided for coverage required by this section is in effect;
(2) To enter into agreements with one another as reflected in the minutes of their respective meetings to provide, on a cooperative basis, adequate means of transportation across county lines for children of school age subject to the conditions and restrictions of this subsection and subsection (h) of this section;
(g) (1) To lease school buses pursuant to rules established by the county board.
(1) Leased buses may be operated only by drivers bus operators regularly employed by the county board.
(2) The lessee bears all costs and expenses incurred by or incidental to the use of the bus.
(3) The county board may lease buses to:
(A) Public and private nonprofit organizations or and private corporations to transport school-age children to and from for camps or educational activities in accordance with rules established by the county board. All costs and expenses incurred by or incidental to the transportation of the children shall be borne by the lessee;
(2) To contract with
(B) Any college, or university or officially recognized campus organizations to provide transportation for college or university organization for transporting students, faculty or and staff to and from the college or university. Only college and university students, faculty and staff may be transported pursuant to this section paragraph (B). The contract lease shall include consideration and provisions for:
(i) Compensation for bus operators;
(ii) Consideration for insurance coverage, repairs and other costs of service; insurance and
(iii) Any rules concerning student behavior;
(C) Public and private nonprofit organizations, including education employee organizations, for transportation associated with fairs, festivals and other educational and cultural events. The county board may charge fees in addition to those charges otherwise required by this subsection.
(h) To provide at public expense for insurance coverage against the negligence of the drivers of school buses, trucks or other vehicles operated by the county board. and if the transportation of pupils is contracted, then the contract for the transportation shall provide that the contractor shall carry Any contractual agreement for transportation of students shall require the vehicle owner to maintain insurance coverage against negligence in an amount specified by the board;
(i) To provide solely from county board funds for all regular full-time employees of the county board all or any part of the cost of a group plan or plans of insurance coverage for the full cost or any portion thereof for group plan insurance benefits not provided or available under the West Virginia Public Employees Insurance Act. Any such benefits are provided:
(1) Solely from county board funds; and
(2) For all regular full-time employees of the board
;
(j) To employ teacher aides; to provide in-service training for teacher the aides pursuant to rules established by the state board; the training to be in accordance with rules of the state board and, in the case of service personnel assuming duties as teacher aides in exceptional children programs to provide and to provide a four-clock-hour program of training for service personnel assigned duties as a teacher aide in an exceptional children program prior to the assignment. which shall, in accordance with rules of the state board The four-clock-hour program shall consist of training in areas specifically related to the education of exceptional children;
(k) To establish and conduct operate a self-supporting dormitory for: the accommodation of the pupils
(1) Students attending a high school or participating in a post high school program; and of
(2) Persons employed to teach in the high school or post high school program;
(l) At the county board's discretion, to employ, contract with or otherwise engage legal counsel in lieu of utilizing the services of the prosecuting attorney to advise, attend to, bring, prosecute or defend, as the case may be, any matters, actions, suits and proceedings in which the board is interested;
(m) To provide appropriate uniforms for school service personnel;
(n) To provide at public expense and under rules as established by any county board for the for payment of traveling expenses incurred by any person invited to appear to be interviewed concerning possible employment by the county board, subject to rules established by the county board;
(o) To allow or disallow their designated employees to use publicly provided carriage to travel from their residences to their workplace and return. Provided, That the usage The use:
(1) Is subject to the supervision of the county board; and is
(2) Shall be directly connected with, and required by the nature and in and essential to the performance of the employee's duties and responsibilities;
(p) To provide at public expense adequate public liability insurance, including professional liability insurance, for county board employees;
(q) To enter into cooperative agreements with one another other county boards to provide on a cooperative basis improvements to the instructional needs of each district. The cooperative agreements may be used to employ specialists in a field of academic study or for support functions or services for the academic study field. The agreements are subject to approval by the state board;
(r) To provide information about vocational or and higher education opportunities to exceptional students. with handicapping conditions The county board shall provide in writing to the students and their parents or guardians information relating to programs of vocational education and to programs available at state funded institutions of higher education. The information may include sources of available funding, including grants, mentorships and loans for students who wish to attend classes at institutions of higher education;
(s) To enter into agreements with one another, with the approval of the state board other county boards for the transfer and receipt of any and all funds determined to be fair when students are permitted or required to attend school in a district other than the district of their residence. Such agreements are subject to the approval of the state board; and
(t) To enter into job-sharing arrangements, as defined in section one, article one, chapter eighteen-a of this code, with its employees, subject to the following provisions:
(1) A job-sharing arrangement shall meet all the requirements relating to posting, qualifications and seniority, as provided for in article four, chapter eighteen-a of this code;
(2) Notwithstanding any provisions contrary provision of this code or legislative rule and specifically the provisions of article sixteen, chapter five of this code, to the contrary a county board which that enters into a job-sharing arrangement: in which two or more employees voluntarily share an authorized full-time position
(A) Shall provide the insurance coverage to the one employee mutually agreed upon employee coverage but shall by the employees participating in that arrangement; and
(B) May not offer insurance coverage provide insurance benefits of any type to more than one of the job-sharing employees, including any group plan or group plans available under the State Public Employees Insurance Act;
(3) Each job-sharing agreement shall be in writing on a form prescribed and furnished by the county board. The agreement shall designate specifically one employee only who is entitled to the insurance coverage. Any employee who is not so designated is not eligible for state public employees insurance coverage regardless of the number of hours he or she works;
(4) All employees involved in the job-sharing agreement meet the requirements of subdivision (3), section two, article sixteen, chapter five of this code; and
(5) When entering into a job-sharing agreement, the county board and the participating employees involved in the job-sharing agreement shall consider issues such as retirement benefits, termination of the job-sharing agreement and any other issue the parties to the agreement consider appropriate. Any provision in the agreement relating to retirement benefits shall may not cause any cost to be incurred by the retirement system that is more than the cost that would be incurred if a single employee were filling the position.
"Quasipublic funds" as used in this section means any money received by any principal, teacher, student or other person for the benefit of the school system as a result of curricular or noncurricular activities.
(u) Each county board shall expend under rules it establishes for each child an amount not to exceed the proportion of all school funds of the district that each child would be entitled to receive if all the funds were distributed equally among all the children of school age in the district upon a per capita basis.
CHAPTER 18A. SCHOOL PERSONNEL.

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 no less than ten months. A month is defined as twenty employment days: Provided, That 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) No A service employee without his or her agreement 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 an employee whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the employee shall be paid for at least one-half day of work for each day he or she reports for work. and If the employee 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) Custodians, aides, maintenance, office and school lunch employees required to work a daily work schedule that is interrupted, that is, who do not work a continuous period in one day, shall be paid additional compensation equal to at least one eighth of their total salary as provided by their state minimum salary and any county pay supplement, and payable entirely from county funds: Provided, That when engaged in duties of transporting students exclusively, aides shall may not be regarded as working an interrupted schedule. Maintenance personnel are defined as personnel who hold 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.
(g) Upon the change in classification or upon meeting the requirements of an advanced classification of or by any employee, the employee's salary shall be made to comply with the requirements of this article, and to any county salary schedule in excess of the minimum requirements of this article, based upon the employee's advanced classification and allowable years of employment.
(h) An employee'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 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 service personnel has been employed by a board in any position prior to or subsequent to the effective date of this section and including service in the armed forces of the United States, if the employee were employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment shall be 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 service personnel;
(4) "Accountant I" means personnel 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 personnel 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 personnel who are employed in the county board office to manage and supervise accounts payable, and/or payroll procedures, or both;
(7) "Accounts payable supervisor" means personnel who are employed in the county board office who have primary responsibility for the accounts payable function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting courses from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(8) "Aide I" means those personnel selected and trained for teacher-aide classifications such as monitor aide, clerical aide, classroom aide or general aide;
(9) "Aide II" means those personnel referred to in the "Aide I" classification who have completed a training program approved by the state board, or who hold a high school diploma or have received a general educational development certificate. Only personnel classified in an Aide II class title may be employed as an aide in any special education program;
(10) "Aide III" means those personnel referred to in the "Aide I" classification who hold a high school diploma or a general educational development certificate and have completed six semester hours of college credit at an institution of higher education or are employed as an aide in a special education program and have one year's experience as an aide in special education;
(11) "Aide IV" means personnel referred to in the "Aide I" classification who hold a high school diploma or a general educational development certificate and who have completed eighteen hours of state board-approved college credit at a regionally accredited institution of higher education, or who have completed fifteen hours of state board-approved college credit at a regionally accredited institution of higher education and successfully completed an in-service training program determined by the state board to be the equivalent of three hours of college credit;
(12) "Audiovisual technician" means personnel employed to perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment;
(13) "Auditor" means personnel employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;
(14) "Autism mentor" means personnel who work with autistic students and who meet standards and experience to be determined by the state board: Provided, That if any employee has held or holds an aide title and becomes employed as an autism mentor, the employee shall hold a multiclassification status that includes aide and autism mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means personnel employed to provide braille and/or sign language assistance to students: Provided, That if any employee has held or holds an aide title and becomes employed as a braille or sign language specialist, the employee shall hold a multiclassification status that includes aide and braille or sign language specialist title, in accordance with section eight-b of this article;
(16) "Bus operator" means personnel employed to operate school buses and other school transportation vehicles as provided by the state board;
(17) "Buyer" means personnel employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) "Cabinetmaker" means personnel employed to construct cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means personnel employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;
(20) "Carpenter I" means personnel classified as a carpenter's helper;
(21) "Carpenter II" means personnel classified as a journeyman carpenter;
(22) "Chief mechanic" means personnel employed to be responsible for directing activities which ensure that student transportation or other board-owned vehicles are properly and safely maintained;
(23) "Clerk I" means personnel employed to perform clerical tasks;
(24) "Clerk II" means personnel employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) "Computer operator" means qualified personnel employed to operate computers;
(26) "Cook I" means personnel employed as a cook's helper;
(27) "Cook II" means personnel employed to interpret menus, to prepare and serve meals in a food service program of a school and shall include personnel who have been employed as a "Cook I" for a period of four years, if the personnel have not been elevated to this classification within that period of time;
(28) "Cook III" means personnel employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system;
(29) "Crew leader" means personnel employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) "Custodian I" means personnel employed to keep buildings clean and free of refuse;
(31) "Custodian II" means personnel employed as a watchman or groundsman;
(32) "Custodian III" means personnel employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) "Custodian IV" means personnel employed as head custodians. In addition to providing services as defined in "custodian III," their duties may include supervising other custodian personnel;
(34) "Director or coordinator of services" means personnel who are assigned to direct a department or division. Nothing in this subdivision may prohibit professional personnel or professional educators as defined in section one, article one of this chapter from holding this class title, but professional personnel may not be defined or classified as service personnel unless the professional personnel held a service personnel title under this section prior to holding class title of "director or coordinator of services." Directors or coordinators of service positions shall be classified as either a professional personnel or service personnel position for state aid formula funding purposes and funding for directors or coordinators of service positions shall be based upon the employment status of the director or coordinator either as a professional personnel or service personnel;
(35) "Draftsman" means personnel employed to plan, design and produce detailed architectural/engineering drawings;
(36) "Electrician I" means personnel employed as an apprentice electrician helper or who holds an electrician helper license issued by the state fire marshal;
(37) "Electrician II" means personnel employed as an electrician journeyman or who holds a journeyman electrician license issued by the state fire marshal;
(38) "Electronic technician I" means personnel employed at the apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means personnel employed at the journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means personnel employed as the county school superintendent's secretary or as a secretary who is assigned to a position characterized by significant administrative duties;
(41) "Food services supervisor" means qualified personnel not defined as professional personnel or professional educators in section one, article one of this chapter, employed to manage and supervise a county school system's food service program. The duties would include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports;
(42) "Foremen" means skilled persons employed for supervision of personnel who work in the areas of repair and maintenance of school property and equipment;
(43) "General maintenance" means personnel employed as helpers to skilled maintenance employees and to perform minor repairs to equipment and buildings of a county school system;
(44) "Glazier" means personnel employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) "Graphic artist" means personnel employed to prepare graphic illustrations;
(46) "Groundsmen" means personnel employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;
(47) "Handyman" means personnel employed to perform routine manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means personnel employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(49) "Heating and air conditioning mechanic II" means personnel employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(50) "Heavy equipment operator" means personnel employed to operate heavy equipment;
(51) "Inventory supervisor" means personnel who are employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) "Key punch operator" means qualified personnel employed to operate key punch machines or verifying machines;
(53) "Licensed practical nurse" means a nurse licensed by the West Virginia Board of Examiners for Licensed Practical Nurses who is employed to work in a public school under the supervision of a school nurse;
(54) "Locksmith" means personnel employed to repair and maintain locks and safes;
(54) (55) "Lubrication man" means personnel employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(55) (56) "Machinist" means personnel employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. These personnel should also should have the ability to work from blueprints and drawings;
(56) (57) "Mail clerk" means personnel employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
(57) (58) "Maintenance clerk" means personnel employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
(58) (59) "Mason" means personnel employed to perform tasks connected with brick and block laying and carpentry tasks related to such laying;
(59) (60) "Mechanic" means personnel employed who can independently perform skilled duties in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use in a county school system;
(60) (61) "Mechanic assistant" means personnel employed as a mechanic apprentice and helper;
(61) (62) "Multiclassification" means personnel employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be the higher pay grade of the class titles involved;
(62) (63) "Office equipment repairman I" means personnel employed as an office equipment repairman apprentice or helper;
(63) (64) "Office equipment repairman II" means personnel responsible for servicing and repairing all office machines and equipment. Personnel are responsible for parts being purchased necessary for the proper operation of a program of continuous maintenance and repair;
(64) (65) "Painter" means personnel employed to perform duties of painting, finishing and decorating of wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
(65) (66) "Paraprofessional" means a person certified pursuant to section two-a, article three of this chapter to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of pupils under the direction of a principal, a teacher or another designated professional educator: Provided, That no a person employed on the effective date of this section in the position of an aide may not be reduced subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional: Provided, however, That if any employee has held or holds an aide title and becomes employed as a paraprofessional, the employee shall hold a multiclassification status that includes aide and paraprofessional titles in accordance with section eight-b of this article: Provided further, That once an employee 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;
(66) (67) "Payroll supervisor" means personnel who are employed in the county board office who have primary responsibility for the payroll function, which may include the supervision of other personnel, and who have either completed twelve college hours of accounting from an accredited institution of higher education or have at least eight years of experience performing progressively difficult accounting tasks;
(67) (68) "Plumber I" means personnel employed as an apprentice plumber and helper;
(68) (69) "Plumber II" means personnel employed as a journeyman plumber;
(69) (70) "Printing operator" means personnel employed to operate duplication equipment, and as required, to cut, collate, staple, bind and shelve materials;
(70) (71) "Printing supervisor" means personnel employed to supervise the operation of a print shop;
(71) (72) "Programmer" means personnel employed to design and prepare programs for computer operation;
(72) (73) "Roofing/sheet metal mechanic" means personnel employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
(73) (74) "Sanitation plant operator" means personnel 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;
(74) (75) "School bus supervisor" means qualified personnel employed to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promoting promote good relationships with parents, pupils, bus operators and other employees;
(75) (76) "Secretary I" means personnel employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(76) (77) "Secretary II" means personnel 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 or stenotype or 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. There is nothing implied in this subdivision that would prevent the employees from holding or being elevated to a higher classification;
(77) (78) "Secretary III" means personnel 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 of purchasing and financial control or any personnel who have served in a position which meets the definition of "secretary II" or "secretary III" in this section for eight years;
(78) (79) "Supervisor of maintenance" means skilled personnel not defined as professional personnel or professional educators as in section one, article one of this chapter. The responsibilities would include directing the upkeep of buildings and shops, issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a board;
(79) (80) "Supervisor of transportation" means qualified personnel 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;
(80) (81) "Switchboard operator-receptionist" means personnel 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;
(81) (82) "Truck driver" means personnel employed to operate light or heavy duty gasoline and diesel-powered vehicles;
(82) (83) "Warehouse clerk" means personnel employed to be responsible for receiving, storing, packing and shipping goods;
(83) (84) "Watchman" means personnel employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;
(84) (85) "Welder" means personnel employed to provide acetylene or electric welding services for a school system; and
(85) (86) "WVEIS data entry and administrative clerk" means personnel 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) In addition to the compensation provided for in section eight-a of this article, for service personnel, each service employee is, notwithstanding any provisions in this code to the contrary, 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) Service personnel whose years of employment exceed 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) The county boards shall review each service personnel employee job classification annually and shall reclassify all service employees as required by the job classifications. The state superintendent of schools 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 county boards 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) No service employee Without his or her written consent, a service personnel may not be:
(1) Reclassified by class title; or nor may a service employee, without his or her written consent, be
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits:
(A) Earned during the current fiscal year; or which would result in a reduction of his or her salary, rate of pay, compensation or benefits
(B) 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 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 provisions in provision of this code to the contrary, service personnel who hold a continuing contract in a specific job classification and who are 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 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 employee, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a board- owned facility with available parking. The workday of the bus operator or transportation aide will commence at the bus at the designated beginning work station and will not end until the employee is able to leave the bus at the designated beginning work station, unless the employee 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
.
18A-4-8f. Seniority rights, school consolidation.
(a) Notwithstanding any provision of this article to the contrary, when a majority of the classroom teachers or school service personnel, as defined in section one, article one of this chapter who vote to do so, in accordance with procedures established herein, and who are employed by a county board of education, the board shall give priority to classroom teachers or school service personnel in any school or schools to be closed as a result of a consolidation or merger when filling positions in the new school created by consolidation or newly created positions in existing schools as a result of the merger.
(b) Each year a consolidation or merger is proposed, prior to the implementation of that plan, the superintendent shall cause to be prepared and distributed to all faculty senates and to all schools or other work sites a ballot on which teachers and service personnel may indicate whether or not they desire those affected by school closings to be given priority status in filling new positions. A secret ballot election shall be conducted:
(1) In each faculty senate for classroom teachers. and The faculty senate chair shall convey the results of such the election to the superintendent; and
(2) At each school or work site for school service personnel. The service personnel supervisor at each school or work site shall convey the results of the election to the superintendent.
(c)
The superintendent shall tabulate and post all results prior to the notice requirements for reduction in force and transfer as outlined in sections two and seven, article two of this chapter. The total number of votes shall be tabulated separately for classroom teachers and for service personnel. and The provisions of this section also shall be implemented separately as follows:
(1) For classroom teachers only if a majority of the total number of teachers who cast a ballot vote to do so; and
(2) For school service personnel only if a majority of the total number of service personnel who cast a ballot vote to do so.

(d) If a majority approves, the teachers or school service personnel in the school or schools to be closed shall have priority in filling new positions in the new or merged schools for which the teachers are certified or for which the school service personnel are qualified and meet the standards set forth in the job posting on the basis of seniority within the county. Provided, That A teacher shall or school service personnel may only receive priority for filling a position at a school impacted by a merger or consolidation with the position being created by the influx of students from a consolidated or merged school into the school receiving students from their closed school or grade level.
(1) The most senior teacher in from the closed school or schools shall be placed first, the second most senior shall be placed next and so on until all the newly created positions are filled, or until all the teachers in the closed school or schools who wish to transfer into the newly created positions are placed.
(2) The most senior service personnel from the closed school or schools has priority in filling any position within his or her classification category. The second most senior service personnel from the closed school or schools then has priority in filling remaining vacancies and so on until all available positions are filled. Provided, however, That
(3) If there are fewer new positions in the newly created school or merged school than there are classroom teachers in or school service personnel from the school or schools to be closed, the teachers or school service personnel who were not placed in the new positions shall retain the same rights as all other teachers or service personnel with regard to seniority, transfer and reduction in force. Provided further, That nothing herein shall be construed to grant
(4) This section does not grant any employee additional rights or protections with regard to reduction in force.
(e) For the purposes of this section only:
(1) A consolidation shall mean means when one or more schools are closed, or one or more grade levels are removed from one or more schools, and the students who previously attended the closed schools or grade levels are assigned to a new school. For purposes of this section only
(2) A merger shall mean means when one or more schools are closed or one or more grade levels are removed from one or more schools and the students who previously attended the closed schools or grade levels are assigned to another existing school.
(f) The provisions of this section shall do not apply to positions which that are filled by a county board prior to the effective date of this section, as reenacted during the regular session of the Legislature, two thousand seven.
18A-4-8g. Determination of seniority for service personnel.
(a) Seniority accumulation for a regular school service employee:
(1) Begins on the date the employee enters upon regular employment duties pursuant to a contract as provided in section five, article two of this chapter; and
(2) Continues until the employee's employment as a regular employee is severed with the county board; Seniority shall and
(3) Does
not cease to accumulate when the employee is absent: an
(A) Without pay as authorized by the county board; or the absence is
(B) Due to illness or other reasons reason over which the employee has no control as authorized by the county board.
(b) Seniority accumulation for a substitute employee: shall begin upon
(1) Begins on the date the employee enters upon the duties of a substitute as provided in section fifteen of this article, after executing with the board a contract of employment as provided in section five, article two of this chapter; The seniority of a substitute employee, once established, shall continue and
(2) Continues
until:
(A) The employee enters into the duties of a regular employment contract as provided in section five, article two of this chapter; or
(B) Employment as a substitute with the county board is severed.
(c) Seniority of a regular or substitute employee shall does not continue to accumulate except during the time when an during any time the employee is:
(1) Willfully absent from employment duties because of a concerted work stoppage or strike; or is
(2) Suspended without pay.
(b) (d) For all purposes including the filling of vacancies and reduction in force, seniority shall be accumulated within particular classification categories of employment as those classification categories are referred to in section eight-e of this article.
(e) Provided, That When implementing a reduction in force, an employee with the least seniority within a particular classification category shall be properly released and placed on the preferred recall list. The particular classification title held by an employee within the classification category shall not be taken into consideration may not be considered when implementing a reduction in force.
(c) (f) On or before the first day of September and the fifteenth day of January of each school year, county boards shall post at each county school or working station the current seniority list or lists of each school service classification. Each list shall contain the name of each regularly employed school service personnel employed in each classification and the date that each employee began performing his or her assigned duties in each classification. Current seniority lists of substitute school service personnel shall be available to employees upon request at the county board office.
(d) (g) The seniority of an employee who transfers out of a class title or classification category of employment and subsequently returns to that class title or classification category of employment shall be is calculated as follows:
The county board shall establish the number of calendar days between the date the employee left the class title or category of employment in question and the date of return to the class title or classification category of employment. This number of days shall be added to the employee's initial seniority date to establish a new beginning seniority date within the class title or classification category. The employee shall then be considered as having held uninterrupted service within the class title or classification category from the newly established seniority date. The seniority of an employee who has had a break in the accumulation of seniority as a result of being willfully absent from employment duties because of a concerted work stoppage or strike shall be calculated in the same manner.
(e) (h) Beginning on the first day of July, two thousand seven, a substitute school service employee shall acquire regular employment status, and but not regular employee job bidding rights or regular seniority, if the employee receives a position pursuant to subsections the leave of absence or suspension provisions of subdivisions (2) and (5), subsection (a), section fifteen of this article. (f) Provided, That
(1) A substitute employee who accumulates regular shall accumulate substitute employee seniority while holding a position acquired pursuant to said subsections (2) and (5). shall simultaneously accumulate substitute seniority: Provided, however, That
(2) Upon termination of a the regular employee's leave of absence or a suspension, the substitute employee shall return to the status previously held. If the employee returns to substitute status, the employee shall retain any regular employee seniority accrued, however, this seniority may not be used in the bidding process for regular positions unless the employee again attains regular employee status or has attained preferred recall status.
(3) County boards shall not be are not prohibited from providing any benefits of regular employment for substitute employees, but the benefits shall may not include regular employee status and or seniority.
(f) (i) If two or more employees accumulate identical seniority, the priority shall be determined by a random selection system established by the employees and approved by the county board. A board shall conduct the random selection within thirty days upon the employees establishing an identical seniority date. All employees with an identical seniority date within the same class title or classification category shall participate in the random selection. As long as the affected employees hold identical seniority within the same classification category, the initial random selection conducted by the board shall be permanent for the duration of the employment within the same classification category of the employees by the board. This random selection priority applies to the filling of vacancies and to the reduction in force of school service personnel. Provided, That If another employee or employees subsequently acquire If any other employee subsequently acquires seniority identical to the employees involved in the original random selection, a second random selection shall be held within thirty days to determine the seniority ranking of the new employee or employees within the group. The priority between the employees who participated in the original random selection shall remain remains the same. The second random selection shall be is performed by placing numbered pieces of paper equal to the number of employees with identical seniority in a container. The employees who were Any employee who was not involved in the original random selection shall draw a number from the container which will determine their his or her seniority within the group as a whole. This process will be repeated if any additional employees subsequently acquire employee subsequently acquires identical seniority. The same process shall be utilized if any additional employees are employee is subsequently discovered to have the same seniority as the original group of employees but who did not participate in the original random selection through due to oversight or mistake.
(g) (j) Service personnel who are employed in a classification category of employment at the time when a vacancy is posted in the same classification category of employment shall be given first opportunity to fill the vacancy.
(h) (k) Seniority acquired as a substitute and as a regular employee shall be calculated separately and shall may not be combined for any purpose. Seniority acquired within different classification categories shall be calculated separately. Provided, That when If a school service employee makes application applies for a position outside of the classification category he or she currently held holds, and if the vacancy is not filled by an applicant within the classification category of the vacancy, the applicant shall combine all regular employment seniority acquired for the purposes purpose of bidding on the position.
(I) (l) A school service personnel who hold holds a multiclassification titles title shall accrue seniority in each classification category of employment which that the employee holds and shall be considered an employee of each classification category contained within his or her multiclassification title. A multiclassified employees are employee is subject to reduction in force in any category of employment contained within their his or her multiclassification title, based upon the seniority accumulated within that category of employment. Provided, That If a multiclassified employee is reduced subject to a reduction in force in one classification category, the employee shall retain employment in any of the other classification categories that he or she holds within his or her multiclassification title. In that case, the county board shall delete the appropriate classification title or classification category from the contract of the multiclassified employee.
(j) (m) When applying to fill a vacancy outside the classification categories held by the a multiclassified employee, seniority acquired simultaneously in different classification categories shall be calculated as if accrued in one classification category only.
(k) (n) The seniority conferred in this section applies retroactively to all affected school service personnel, but the rights incidental to the seniority shall commence as of the effective date of this section.
18A-4-15. Employment of service personnel substitutes.
(a) The county board shall employ and the county superintendent, subject to the approval of the county board, shall assign substitute service personnel on the basis of seniority to perform any of the following duties:
(1) To fill the temporary absence of another service employee;
(2) To fill the position of a regular service employee who as follows:
(A) If the regular service employee requests a leave of absence from the county board in writing and who is granted the leave in writing by the county board; and to fill the position of a regular service employee who or
(B) If the regular service employee is on workers' compensation and absent. Provided, That if the
(C) If an absence pursuant to paragraph (A) or (B) of this subdivision is to extend beyond thirty working days, the county board shall post the position of the absent employee under the procedures set forth in section eight-b of this article. If a substitute service employee personnel is employed to fill the position of the absent employee and is employed in the position for twenty or more working days, the substitute service personnel: shall have
(i) Acquires regular employment status and be with the exception of regular employee job bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is
accorded all other rights, privileges and benefits pertaining to the position until the regular employee returns to the position or ceases to be employed by the county board; Provided, however, That
(D) If a regular or substitute employee fills a vacancy that is related in any manner to a leave of absence or the absence of an employee on workers' compensation in any manner as provided in this section, upon termination of the absence the employee shall be returned to his or her original position or status; Provided further, That noa service person may
(E) A service personnel may not be:
(i) Required to request or to take a leave of absence; or And provided further, That no service person shall be
(ii) Deprived of any right or privilege of regular employment status for refusal to request or failure to take a leave of absence;
(3) To perform the service of a service employee personnel who is authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position caused by severance of employment by the resignation, transfer, retirement, permanent disability, dismissal pursuant to section eight, article two of this chapter, or death of the regular service employee who had been assigned to fill the position. Provided, That Within twenty working days from the commencement of the vacancy, the board shall fill the vacancy under the procedures set out forth in section eight-b of this article and section five, article two of this chapter. and The person hired to fill the vacancy shall have and shall be accorded all rights, privileges and benefits pertaining to the position;
(5) To fill the vacancy created by a regular employee's suspension. Provided, That
(A) If the suspension is for more than thirty working days, the county board shall post the position of the suspended employee under the procedures set forth in section eight-b of this article.
(B) If a substitute service employee personnel is employed to fill the suspended employee's position, the substitute service personnel: shall have
(i) Acquires regular employment status and be with the exception of regular employee job-bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is
accorded all other rights, privileges and benefits pertaining to the position until the termination by the county board becomes final or the suspended employee is returned to employment.
(C) If the suspended employee is not returned to his or her job, the board shall fill the vacancy under the procedures set out in section eight-b of this article and section five, article two of this chapter; and
(6) To temporarily fill a vacancy in a newly created position prior to employment of employing a service personnel on a regular basis under the procedure set forth in pursuant to section eight-b of this article.
(b) Substitutes shall be assigned in the following manner: a
(1) The substitute with the greatest length of service time that is, from the date he or she began his or her assigned duties as a substitute in that particular category of employment, shall be given in the vacant category of employment has priority in accepting the assignment throughout the period of the regular employee's absence or until the vacancy is filled on a regular basis under the procedures set out in pursuant to section eight-b of this article. Length of service time is calculated from the date a substitute begins assigned duties as a substitute in a particular category of employment.
(2) All substitutes shall be employed on a rotating basis according to the length of their lengths of service time until each substitute has had an opportunity to perform similar assignments. Provided, That if there are
(3) Any regular service employees personnel employed in the same building or working station and the same classification category of employment as the absent employee and who are employed in the same classification category of employment, the regular employees shall be first offered the shall receive the first opportunity to fill the position of the absent employee on a rotating and seniority basis. with the substitute then filling In such case the regular employee's position is filled by a substitute service personnel. A regular employee assigned to fill the position of an absent employee shall be given has the opportunity to hold that position throughout the absence. For the purpose of this section only, all regularly employed school bus operators are considered to be employed within the same building or working station.
(c) The county board shall return a regular school service personnel shall be returned by the county board of education to the same position held prior to any approved leave of absence or period of recovery from injury or illness. The school service personnel: shall retain
(1) Retains all rights, privileges and benefits which had accrued at the time of the absence or accrued under any other provision of law during the absence; and shall have
(2) Has all rights, privileges and benefits generally accorded school service employees personnel at the time of return to work.
(d) The salary of a substitute service employee personnel shall be is:
(1) Based upon his or her years of employment as defined in section eight of this article; and
(2) As provided in the state minimum pay scale set forth in section eight-a of this article; and shall be
(3) In accordance with the salary schedule of persons regularly employed in the same position in the county in which he or she is employed.
(e) Before any substitute service employee enters upon his or her duties, he or she A substitute service personnel shall execute with the county board a written contract as provided in pursuant to section five, article two of this chapter, prior to beginning assigned duties.
(f) The following method shall be used to establish a fair, equitable and uniform system of providing a fair and equitable opportunity for substitutes to enter upon their for assigning substitutes to their duties for the first time: the following method shall be used
(1) The initial order of assigning newly employed substitutes shall be is determined by a random selection system established by the affected substitute employees and approved by the county board; This and
(2) The initial priority order shall be in effect is effective only until the substitute service personnel have entered upon begun their duties for the first time.
(g) A substitute service employees who have personnel who has worked thirty days for a school system shall have has all rights pertaining to suspension, dismissal and contract renewal as is are granted to regular service personnel in sections six, seven, eight and eight-a, article two of this chapter.

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