WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 4829
BY DELEGATES TONEY, STATLER, FERRELL, CAMPBELL,
HOLSTEIN, W. CLARK, ELLINGTON, AND ADKINS
[Passed March 8, 2024; in effect ninety days from passage.]
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1 AN ACT to amend and reenact §18A-2-5 of the Code of West Virginia, 1931, as amended, relating
2 to employment of service personnel and removing the requirement for a high school
3 diploma or general education development certificate for school bus drivers who are 21
4 years of age or older.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-5. Employment of service personnel; limitation.
1 The board may employ such service personnel, including substitutes, as is deemed
2 necessary for meeting the needs of the county school system: Provided, That the board may not
3 employ a number of such personnel whose minimum monthly salary under §18A-4-8a of this code
4 is specified as pay grade "H", which number exceeds the number employed by the board on
5 March 1, 1988.
6 Effective July 1, 1988, a county board shall not employ for the first time any person who
7 has not obtained a high school diploma or general educational development certificate (GED) or
8 who is not enrolled in an approved adult education course by the date of employment in
9 preparation for obtaining a GED: Provided, That such employment is contingent upon continued
10 enrollment or successful completion of the GED program: Provided further, That this paragraph
11 shall not apply to school bus drivers and who are 21 years of age or older.
12 Before entering upon their duties service personnel shall execute with the board a written
13 contract which shall be in the following form:
14 "COUNTY BOARD OF EDUCATION
15 SERVICE PERSONNEL CONTRACT OF EMPLOYMENT
16 THIS (Probationary or Continuing) CONTRACT OF EMPLOYMENT, made and entered
17 into this _________ day of _____________, 19____, by and between THE BOARD OF
18 EDUCATION OF THE COUNTY OF _______________, a corporation, hereinafter called the
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19 ‘Board,’ and (Name and Social Security Number of Employee), of (Mailing Address), hereinafter
20 called the ‘Employee.’
21 WITNESSETH, that whereas, at a lawful meeting of the Board of Education of the County
22 of ___________ held at the offices of said Board, in the City of _____________________,
23 ________________ County, West Virginia, on the ______ day of ___________________,
24 19____, the Employee was duly hired and appointed for employment as a (Job Classification) at
25 (Place of Assignment) for the school year commencing __________ for the employment term and
26 at the salary and upon the terms hereinafter set out.
27 NOW, THEREFORE, pursuant to said employment, Board and Employee mutually agree
28 as follows:
29 (1) The Employee is employed by the Board as a (Job Classification) at (Place of
30 Assignment) for the school year or remaining part thereof commencing _____________,
31 19_____. The period of employment is _______ days at an annual salary of $_______ at the rate
32 of $________ per month.
33 (2) The Board hereby certifies that the Employee’s employment has been duly approved
34 by the Board and will be a matter of the Board’s minute records.
35 (3) The services to be performed by the Employee shall be such services as are prescribed
36 for the job classification set out above in paragraph (1) and as defined in §18A-4-8 this code.
37 (4) The Employee may be dismissed at any time for immorality, incompetency, cruelty,
38 insubordination, intemperance or willful neglect of duty pursuant to §18A-2-8 of this code.
39 (5) The Superintendent of the ____________ County Board of Education, subject to the
40 approval of the Board, may transfer and assign the Employee in the manner provided by §18A-
41 7-2 of this code.
42 (6) This contract shall at all times be subject to any and all existing laws, or such laws as
43 may hereafter be lawfully enacted, and such laws shall be a part of this contract.
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44 (7) This contract may be terminated or modified at any time by the mutual consent of the
45 Board and the Employee.
46 (8) This contract shall be automatically terminated if the Employee is convicted under §61-
47 8D-3 or §61-8D-5 of this code or comparable statute in any other state, of any criminal offense
48 that requires the Employee to register as a sex offender, or of any criminal offense which has as
49 an element delivery or distribution of a controlled substance: Provided, That if the conviction
50 resulting in automatic revocation pursuant to this section is overturned by any Court of this state
51 or the United States, the Employee’s contract shall be reinstated unless otherwise prohibited by
52 law.
53 (9) This contract shall be signed and returned to the Board at its address of
54 __________________________________ within 30 days after being received by the Employee.
55 (10) By signing this contract the Employee accepts employment upon the terms herein
56 set out.
57 WITNESS the following signatures as of the day, month and year first above written:
58 _____________, (President, ______ County Board of Education) _____________,
59 (Secretary, ______ County Board of Education) _____________, (Employee)"
60 The use of this form may not be interpreted to authorize boards to discontinue any
61 employee’s contract status with the board or rescind any rights, privileges or benefits held under
62 contract or otherwise by any employee prior to the effective date of this section.
63 Each contract of employment shall be designated as a probationary or continuing contract.
64 The employment of service personnel shall be made a matter of minute record. The employee
65 shall return the contract of employment to the county board of education within 30 days after
66 receipt or otherwise he or she shall forfeit his or her right to employment.
67 Under such regulation and policy as may be established by the county board, service
68 personnel selected and trained for teacher-aide classifications, such as monitor aide, clerical aide,
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69 classroom aide and general aide, shall work under the direction of the principal and teachers to
70 whom assigned.
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The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected: Introduced Version: 18A-2-5
Committee Substitute: 18A-2-5
Enrolled Committee Substitute: 18A-2-5