May 7, 1997

Mr. W. Graham Smith, Jr.
Board Attorney
Mingo County Schools
Route 1, Box 310
Williamson, West Virginia 25661

Dear Mr. Smith:

This is in response to your question concerning W.Va. Code ?18A-4-8h.

Specifically, you ask whether or not a full-time PAC Home School Coordinator who has also worked part-time in the past as a Substitute Secretary prior to the effective date of the Code section may continue to do so.

W.Va. Code ?18A-4-8h states the following:

Upon the effective date of this section, no school service personnel shall be permitted to become employed in more than one regular full-day position, nor more than two one-half day positions at the same time: Provided, That nothing herein shall be construed to prohibit a school service personnel from holding an extracurricular assignment or assignments, as provided in section sixteen [?18A-4-16] of this article, or summer positions, as provided in section thirty-nine [?18-5-39], article five, chapter eighteen of this code, nor from performing extra-duty assignments, as provided in section eight-b [?18A-4-8b] of this article, in addition to his or her regular position. (1996, c. 111.)

Employees who have been employed in more than one full-day position or two one-half day positions prior to the effective date of this Code section are grandfathered in. However, if the full-time PAC Home School Coordinator has not maintained her employment as a one-half day Substitute Secretary since before the effective date of the section then she would not qualify to be grandfathered in. Mr. W. Graham Smith, Jr.
Page Two
May 7, 1997

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools