Interpretation's Date: October 23, 2001
by superintendent David Stewart
Section: V. Personnel
SubSection: C. Service Personnel
October 23, 2001
William K. 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).
Hoping that I have been of service, I am
cc: Anita Mitter, WVEA