March 29, 2004

Alice Irvine
Associate Superintendent for Operations Pocahontas County Schools
926 Fifth Avenue
Marlinton, WV 24954

Dear Ms. Irvine:

I am in receipt of your request for a Superintendent's Interpretation regarding additional pay for service employees performing specialized health care procedures.

Specifically, you explain that, in your county, there are multi-classified aides and/or secretaries who have received specialized health care procedures training and who are currently providing specialized health care services to approved students. You ask whether these employees are entitled to additional pay for performing the specialized health care procedures.

West Virginia Code 18-5-22 states, in pertinent part:

"Any school service employee who elects, or is required by this section, to undergo training or retraining to provide, in the manner specified in this section, the specialized health care procedures for those students for which the selection has been approved by both the principal and the county board, shall receive additional pay of at least one pay grade higher than the highest pay grade for which the employee is paid . . ."

It is my interpretation that any aide or secretary who has been properly trained and approved to provide specialized health care procedures, and who does provide the procedures, is entitled to be paid one pay grade higher than the highest pay grade for which the employee is otherwise paid.

This rule applies to both multi-classified service employees and those service employees working in a single classification area. For instance, if the employee in question is multi-classified as a Secretary III/Accountant II, and dispenses medications as part of his/her duties, then the employee will be paid at paygrade G. If the employee in question is multi-classified as a Supervisory Aide III/Autism Mentor, and dispenses medications as part of his/her duties, then he/she will be paid at paygrade G.

This interpretation is supported by the West Virginia Education and State Employees Grievance Board, as set forth in Elliot v. Randolph County Board of Education, Docket No. 98-42-305 (March 11, 1999), and Skeen v. Jackson County Board of Education, Docket No. 97-18-161 (September 18, 1997).

Hoping that I have been of service, I am,

Sincerely,

/s/

David Stewart
State Superintendent of Schools