M E M O R A N D U M

To: County Superintendents

From: David Stewart
State Superintendent of Schools

Date: October 26, 2001

Subject: West Virginia Code ? 18A-4-8a(2), (3), and (4) Additional Pay for Service Personnel

West Virginia Code ? 18A-4-8a provides, in part, for additional pay for service personnel as follows:

(2) An additional ten dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent: Provided, That effective the first day of July, two thousand one, 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. (3) An additional ten dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following: (A) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (B) 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; (C) 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; (D) 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; (E) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (F) 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; (G) Effective the first day of July, two thousand one, 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;

Memorandum
October 26, 2001
Page 2

(H) Effective the first day of July, two thousand one, 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; (I ) Effective the first day of July, two thousand one, 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; (J) Effective the first day of July, two thousand one, a service employee who holds one hundred twenty hours or comparable credit obtained in a trade or vocational school as approved by the state board; (K) Effective the first day of July, two thousand one, a service employee who hold a bachelor?s degree; and
(L) Effective the first day of July, two thousand one, a service employee who holds a masters degree.
(4) 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.

By Superintendent?s Interpretation dated January 29, 1996, it was decided that such additional pay may be reduced by one half for half time employees. This interpretation was upheld by the West Virginia Education and State Employees Grievance Board in Robertson, et al. v. Mineral County Bd. Of Educ., Docket No. 97-28-547 (April 30, 1998).
However, on appeal to the Circuit Court of Kanawha County, West Virginia, Judge Tod J. Kaufman reversed the decision of the administrative law judge and ordered that all regularly employed service personnel who have earned a high school diploma, a GED, or twelve hours of college credit or vocational training beyond high school as provided by West Virginia Code ?? 18A-4-8a(2)-(3), shall be paid ten dollars per month in addition to their regular pay, regardless of the length of their work day.
This decision was appealed to the West Virginia Supreme Court of Appeals, where it was refused.

Therefore, based upon the ruling of the Circuit Court of Kanawha County, it is my opinion that all service personnel, whether employed on a full or half time basis, shall receive the full amount of the additional pay provided for West Virginia Code ?? 18A-4- 8a(1)-(4).

If you have any further questions about West Virginia Code ?? 18A-4-8a(1)-(4), please contact the Legal Services Office at (304) 558-3667.

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