October 23, 2001

William K. Grizzell
Superintendent
Lincoln County Schools
10 Marlin Avenue
Hamlin, WV 25523

Dear Mr. Grizzell:

I am in receipt of your request for a Superintendent?s Interpretation dated October 18, 2001, regarding supplemental contracts for bus operators. You explain that the Lincoln County Board of Education posted a position for a Supplemental Bus Operator to transport a special needs student home at mid-day at seven dollars per day. No one applied for this position. Lincoln County re-posted the same position but offered the supplemental contract at fourteen dollars per day. There was a qualified applicant who bid on this re-posted position.

Specifically, you ask:

Are we within the law to pay a driver $14.00 a day to make a supplemental run while other drivers making similar runs are paid only $7.00 per day realizing they bid on the jobs and accepted them for $7.00 per day supplemental run?

Supplemental runs of the nature described in your request are of the same genre as extra-curricular assignments, which are governed by West Virginia Code ? 18A-4-16. See Hardbarger v. Ritchie County Board of Education, Docket No. 89-43-74 (August 31, 1989). West Virginia Code ? 18A-4-5b requires uniformity of compensation for all persons performing like assignments and duties. West Virginia Code ? 18A-4-5b applies to extracurricular assignments entered into between school service employees and county boards of education pursuant to West Virginia Code ?18A-4-16. See Nelson, et al. v. Lincoln County Board of Education, Docket No. 97-22-575 (October 13, 1998).
Accordingly, all drivers making similar supplemental runs must be compensated in a uniform manner. Unless the run which has been posted at fourteen dollars per day is substantially longer or more difficult than other supplemental runs, then it would not be proper to pay the individual making this run at a higher rate than other drivers making similar runs within Lincoln County.

Hoping that I have been of service, I am

Sincerely,

/s/

David Stewart
State Superintendent of Schools

DS/mp