December 22, 2004
John Everett Roush, Esquire
WV School Service Personnel Association
1610 Washington St., East
Charleston, WV 25311
Dear Mr. Roush:
I am in receipt of your request for an opinion regarding supervisory aides.
Specifically, you ask:
1. Are there any legal limits on the amount of time that a supervisory aide may
spend supervising children?
2. If the answer to the first question is no, what does the state department of
education suggest as a guideline for the amount of time that a supervisory
aide may spend supervising children?
In regard to your first question, West Virginia Code ? 18A-5-8 states:
(a) Within the limitations provided in this section, any aide who agrees
to do so shall stand in the place of the parent or guardian and shall exercise
such authority and control over pupils as is required of a teacher as provided
in section one of this article. The principal shall designate aides in the school
who agree to exercise that authority on the basis of seniority as an aide and
shall enumerate the instances in which the authority shall be exercised by an
aide when requested by the principal, assistant principal or professional
employee to whom the aide is assigned . . .
(d) An aide may not be required by the operation of this section to
perform noninstructional duties for an amount of time which exceeds that
required under the aide's contract of employment or that required of other
aides in the same school unless the assignment of the duties is mutually
agreed upon by the aide and the county superintendent, or the
superintendent's designated representative, subject to board approval. The
terms and conditions of the agreement shall be in writing, signed by both
parties, and may include additional benefits. The agreement shall be
uniform as to aides assigned similar duties for similar amounts of time within
the same school. Aides shall have the option of agreeing to supervise
students and of renewing related assignments annually. If an aide elects not
to renew the previous agreement to supervise students, the minimum salary
of the aide shall revert to the pay grade specified in section eight-a, article
four of this chapter for the classification title held by the aide and any county
salary schedule in excess of the minimum requirements of this article.
As I?m sure you are aware, paragraph (d) of Code ? 18A-5-8 was enacted by the
Legislature during its 2003 session, and became effective on June 6, 2003. The
department of education recommends that school principals and the aides assigned to
their schools work together to reach a mutually satisfactory arrangement that effectively
meets student needs and complies with the terms of this code section.
Hoping that I have been of service, I am
State Superintendent of Schools