April 19, 1999

William L. Poling
Route 1, Box 345
Hambleton, West Virginia 26269

Harry Polling
H.C. 64, Box 179-2
Parsons, West Virginia 26287

RE: School Bus Driver Salary

Dear Gentlemen:

I am in receipt of your request for information regarding whether school bus operators are guaranteed one seventh of their total daily wage when operating school buses during the summer when a bus is leased to a private entity.

In accordance with West Virginia Code 18A-4-8a (8) the minimum hourly rate of pay for extra duty assignments as defined in Section eight-b of this article, "shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That alternative minimum hourly rate of pay for performing extra duties assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and the affirmative vote of a two-thirds majority of regular full-time employees within that classification category of employment within that county[....]."

Therefore, unless the exception noted in the statute is met, the driver is entitled to one seventh of the total daily salary for each hour worked. Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

HM/mp