Interpretation's Date: November 16, 2001
by superintendent David Stewart
Section: V. Personnel
SubSection: A. Professional Personnel
November 16, 2001
Dr. James B. Phares
Dear Dr. Phares:
I am in receipt of your request for a Superintendent's Interpretation dated October 25, 2001, regarding West Virginia Code 18A-4-7. Specifically, you asked for an interpretation of the phrase "same position," which is used in West Virginia Code 18A-4-7. Your question was:
If a substitute teacher substitutes thirty consecutive days, not for the same teacher,
is he/she entitled on the thirty-first day to the highest rate of pay which would be
100% of degree and experience?
The term "same position" has a specific, rather than general, meaning. It refers to a single position held by a specific teacher, not a broad category of employment. By way of example, if substitute teacher A works for thirty days as an elementary music teacher, but works in several different schools for several different teachers during that period, substitute teacher A has not worked for thirty days in the same position. However, if substitute teacher B works for thirty days as an elementary music teacher at a single elementary school replacing the same teacher each day, then substitute teacher B has worked for thirty days in the same position and is entitled to be paid the daily rate of the advanced salary within that county.