February 8, 1993

Mr. Kenneth C. Legg, Executive Secretary West Virginia School Service Personnel Association 1610 Washington Street, East
Charleston, West Virginia 25311

RE: SUBSTITUTE_BUS_OPERATOR

Dear Mr. Legg:

You have asked for me to reconsider my interpretation that a professional employee can be employed as a substitute bus operator. (Letter to Harold D. Garber of July 21, 1992(12).)

You disagree with the interpretation for two reasons: First, the rank hiring order of W.Va. Code 18A-4-8b for regular employment of service personnel only authorizes the employment of:

"(3) Professional personnel who held temporary service personnel jobs or positions prior to the ninth day of June, one thousand nine hundred eighty-two, and who apply only for such temporary jobs or positions;..."

and you conclude that:

"Since being a substitute Bus Operator is an ongoing or continuing job, professional employees would not be eligible for said position."

Second, you point out that:

"***West_Virginia_Code Section 18A-4-15 would require that if...[a professional] employee substituted for [a] regular Bus Operator, the [professional] employee would receive a full day's salary [as a substitute bus operator]. This employee would also receive a full day's salary for teaching [on] that particular day. Consequently, the employee would receive two full days [of] pay for one day of his [or her] employment term."1 ___________________
1. You continue: "Nor could the employee take personal leave for his [or her] teacher duties in order to substitute as a Bus Operator when his [or her] term as a substitute [Bus Operator] came up. (See attached copy of Interpretation of State Superintendent, January 14, 1987.)" This is catalogued as "Salary - Board of Education, County Contract - Employee - Health & Public Welfare" January 14, 1987 (WVSSPA).

Mr. Kenneth C. Legg, Executive Secretary February 8, 1993
Page Two

And you conclude that: "This would not be logical."

We agree with you that substitute work is not necessarily the equivalent of temporary employment. This is recognized in the rank order hiring provisions of Code 18A-4-8b in that the category "substitute service personnel" is expressly designated as a different category than "professional personnel who held temporary service personnel jobs. . ."

Further, the provisions of Code 18-5-13(6)(a) in themselves do not authorize professional personnel to serve as substitute school bus operators. Rather, they pertain to the operation of "less-than-ten-passenger" vehicles for which professional employees may be certified for the purpose of transporting students to extracurricular activities other than between school and home.

We disagree with your contention that the school law explicitly prohibits professional personnel from serving as substitute bus operators. However, we recognize that there will be unavoidable overlaps and conflicts between the two positions during the school day, as well as possible direct conflicts in periods of in-service training. For these reasons, although there is nothing expressly prohibiting professional personnel from serving as a substitute bus operator, it would, under ordinary circumstances, be unfeasible and unwise for a county board to permit such dual functions.

Further, because of the overlaps and conflicts mentioned above, we do not think it likely that an employee could receive two full days of pay for one school day. It would not be likely (or appropriate) for a county board to pay a teacher-substitute bus operator for time not worked.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools