WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
House Bill 5252
BY DELEGATES COOPER AND TONEY
[Passed March 9, 2024; in effect ninety days from passage.]
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1 AN ACT to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating
2 to generally to service personnel class titles and definitions; requiring persons employed
3 in a director or coordinator of services classification title as a director, assistant director,
4 or coordinator of transportation to possess a commercial driver’s license within one year
5 of employment; providing exceptions; and removing outdated class title and terms.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel; definitions.
1 (a) The purpose of this section is to establish an employment term and class titles for
2 service personnel. The employment term for service personnel may not be less than 10 months.
3 A month is defined as 20 employment days. The county board may contract with, all or part of,
4 these service personnel for a longer term.
5 (b) Service personnel employed on a yearly or 12-month basis may be employed by
6 calendar months. Whenever there is a change in job assignment during the school year, the
7 minimum pay scale and any county supplement are applicable.
8 (c) Service personnel employed in the same classification for more than the 200-day
9 minimum employment term are paid for additional employment at a daily rate of not less than the
10 daily rate paid for the 200-day minimum employment term.
11 (d) A service person may not be required to report for work more than five days per week
12 without his or her agreement, and no part of any working day may be accumulated by the
13 employer for future work assignments, unless the employee agrees thereto.
14 (e) If a service person whose regular work week is scheduled from Monday through Friday
15 agrees to perform any work assignments on a Saturday or Sunday, the service person is paid for
16 at least one-half day of work for each day he or she reports for work. If the service person works
17 more than three and one-half hours on any Saturday or Sunday, he or she is paid for at least a
18 full day of work for each day.
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19 (f) A custodian, aide, maintenance, office, and school lunch service person required to
20 work a daily work schedule that is interrupted is paid additional compensation in accordance with
21 this subsection.
22 (1) A maintenance person means a person who holds a classification title other than in a
23 custodial, aide, school lunch, office or transportation category as provided in §18A-1-1 of this
24 code.
25 (2) A service person’s schedule is considered to be interrupted if he or she does not work
26 a continuous period in one day. Aides are not regarded as working an interrupted schedule when
27 engaged exclusively in the duties of transporting students;
28 (3) The additional compensation provided in this subsection:
29 (A) Is equal to at least one eighth of a service person’s total salary as provided by the
30 state minimum pay scale and any county pay supplement; and
31 (B) Is payable entirely from county board funds.
32 (g) When there is a change in classification or when a service person meets the
33 requirements of an advanced classification, his or her salary shall be made to comply with the
34 requirements of this article and any county salary schedule in excess of the minimum
35 requirements of this article, based upon the service person’s advanced classification and
36 allowable years of employment.
37 (h) A service person’s contract, as provided in §18A-2-5 of this code, shall state the
38 appropriate monthly salary the employee is to be paid, based on the class title as provided in this
39 article and on any county salary schedule in excess of the minimum requirements of this article.
40 (i) The column heads of the state minimum pay scale and class titles, set forth in §18A-4-8a
41 of this code, are defined as follows:
42 "Pay grade" means the monthly salary applicable to class titles of service personnel;
43 "Years of employment" means the number of years which an employee classified as a
44 service person has been employed by a county board in any position prior to or subsequent to
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45 the effective date of this section and includes service in the Armed Forces of the United States, if
46 the employee was employed at the time of his or her induction. For the purpose of §18A-4-8a of
47 this code, years of employment is limited to the number of years shown and allowed under the
48 state minimum pay scale as set forth in §18A-4-8a of this code;
49 "Class title" means the name of the position or job held by a service person;
50 "Accountant I" means a person employed to maintain payroll records and reports and
51 perform one or more operations relating to a phase of the total payroll;
52 "Accountant II" means a person employed to maintain accounting records and to be
53 responsible for the accounting process associated with billing, budgets, purchasing and related
54 operations;
55 "Accountant III" means a person employed in the county board office to manage and
56 supervise accounts payable, payroll procedures, or both;
57 "Accounts payable supervisor" means a person employed in the county board office who
58 has primary responsibility for the accounts payable function and who either has completed 12
59 college hours of accounting courses from an accredited institution of higher education or has at
60 least eight years of experience performing progressively difficult accounting tasks.
61 Responsibilities of this class title may include supervision of other personnel;
62 "Aide I" means a person selected and trained for a teacher-aide classification such as
63 monitor aide, clerical aide, classroom aide or general aide;
64 "Aide II" means a service person referred to in the "Aide I" classification who has
65 completed a training program approved by the state board, or who holds a high school diploma
66 or has received a general educational development certificate. Only a person classified in an Aide
67 II class title may be employed as an aide in any special education program;
68 "Aide III" means a service person referred to in the "Aide I" classification who holds a high
69 school diploma or a general educational development certificate; and
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70 (A) Has completed six semester hours of college credit at an institution of higher
71 education; or
72 (B) Is employed as an aide in a special education program and has one year’s experience
73 as an aide in special education;
74 "Aide IV" means a service person referred to in the "Aide I" classification who holds a high
75 school diploma or a general educational development certificate; and
76 (A) Has completed 18 hours of State Board-approved college credit at a regionally
77 accredited institution of higher education, or
78 (B) Has completed 15 hours of State Board-approved college credit at a regionally
79 accredited institution of higher education; and has successfully completed an in-service training
80 program determined by the state board to be the equivalent of three hours of college credit;
81 "Aide V (Special Education Assistant Teacher) – Temporary Authorization" means a
82 person who does not possess minimum requirements for the Aide V permanent authorization, but
83 is enrolled in and pursuing requirements as prescribed by the state board of education. No service
84 person shall be entitled to receive the paygrade associated with this classification unless he or
85 she has applied for and been selected to fill a posted position which specifically requires the
86 successful candidate to hold or be enrolled in and pursuing the requirements for the classification.
87 The determination as to whether a position will be posted requiring this classification is solely at
88 the discretion of the county;
89 "Aide V (Special Education Assistant Teacher)" means a service person referred to in the
90 "Aide I" classification who holds a high school diploma or a general educational development
91 certificate and who has completed the requirements and experience to be prescribed by the state
92 board of education. No service person shall be entitled to receive the paygrade associated with
93 this classification unless he or she has applied for and been selected to fill a posted position which
94 specifically requires the successful candidate to hold or be enrolled in and pursuing the
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95 requirements for the classification. The determination as to whether a position will be posted
96 requiring this classification is solely at the discretion of the county;
97 "Aide VI (Behavioral Support Assistant Teacher – Temporary Authorization)" means a
98 person who does not possess minimum requirements for the Aide VI permanent authorization,
99 but is enrolled in and pursuing the requirements as prescribed by the state board of education.
100 No service person shall be entitled to receive the paygrade associated with this classification
101 unless he or she has applied for and been selected to fill a posted position which specifically
102 requires the successful candidate to hold or be enrolled in and pursuing the requirements for the
103 classification. The determination as to whether a position will be posted requiring this classification
104 is solely at the discretion of the county;
105 "Aide VI (Behavioral Support Assistant Teacher)" means a person who works with a
106 student or students who have identified behavior difficulties, holds at least an Aide III classification
107 and has completed the requirements and experience to be prescribed by the state board of
108 education. No service person shall be entitled to receive the paygrade associated with this
109 classification unless he or she has applied for and been selected to fill a posted position which
110 specifically requires the successful candidate to hold or be enrolled in and pursuing the
111 requirements for the classification. The determination as to whether a position will be posted
112 requiring this classification is solely at the discretion of the county;
113 "Audiovisual technician" means a person employed to perform minor maintenance on
114 audiovisual equipment, films, and supplies and who fills requests for equipment;
115 "Auditor" means a person employed to examine and verify accounts of individual schools
116 and to assist schools and school personnel in maintaining complete and accurate records of their
117 accounts;
118 "Autism mentor" means a person who works with students having been identified as a
119 person of autism and who meets standards and experience to be determined by the state Board.
120 A person who has held or holds an aide title and becomes employed as an autism mentor shall
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121 hold a multiclassification status that includes both aide and autism mentor titles, in accordance
122 with §18A-4-8b of this code;
123 "Braille specialist" means a person employed to provide braille assistance to students. A
124 service person who has held or holds an aide title and becomes employed as a braille specialist
125 shall hold a multiclassification status that includes both aide and braille specialist title, in
126 accordance with §18A-4-8b of this code;
127 "Bus operator" means a person employed to operate school buses and other school
128 transportation vehicles as provided by the state board;
129 "Buyer" means a person employed to review and write specifications, negotiate purchase
130 bids and recommend purchase agreements for materials and services that meet predetermined
131 specifications at the lowest available costs;
132 "Cabinetmaker" means a person employed to construct cabinets, tables, bookcases and
133 other furniture;
134 "Cafeteria manager" means a person employed to direct the operation of a food services
135 program in a school, including assigning duties to employees, approving requisitions for supplies
136 and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation,
137 preparing financial reports, and keeping records pertinent to food services of a school;
138 "Carpenter I" means a person classified as a carpenter’s helper;
139 "Carpenter II" means a person classified as a journeyman carpenter;
140 "Chief mechanic" means a person employed to be responsible for directing activities which
141 ensure that student transportation or other county board-owned vehicles are properly and safely
142 maintained;
143 "Clerk I" means a person employed to perform clerical tasks;
144 "Clerk II" means a person employed to perform general clerical tasks, prepare reports and
145 tabulations, and operate office machines;
146 "Computer operator" means a qualified person employed to operate computers;
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147 "Cook I" means a person employed as a cook’s helper;
148 "Cook II" means a person employed to interpret menus and to prepare and serve meals
149 in a food service program of a school. This definition includes a service person who has been
150 employed as a "Cook I" for a period of four years;
151 "Cook III" means a person employed to prepare and serve meals, make reports, prepare
152 requisitions for supplies, order equipment and repairs for a food service program of a school
153 system;
154 "Crew leader" means a person employed to organize the work for a crew of maintenance
155 employees to carry out assigned projects;
156 "Custodian I" means a person employed to keep buildings clean and free of refuse;
157 "Custodian II" means a person employed as a watchman or groundsman;
158 "Custodian III" means a person employed to keep buildings clean and free of refuse, to
159 operate the heating or cooling systems and to make minor repairs;
160 "Custodian IV" means a person employed as a head custodian. In addition to providing
161 services as defined in "Custodian III" duties may include supervising other custodian personnel;
162 "Director or coordinator of services" means an employee of a county board who is
163 assigned to direct a department or division.
164 (A) Nothing in this subdivision prohibits a professional person or a professional educator
165 from holding this class title: Provided, That after July 1, 2024, all persons employed for the first
166 time in a position with this classification title as a director, assistant director, or coordinator of
167 transportation shall possess a commercial driver’s license within one year of employment except
168 that this requirement shall not apply to persons who are multiclassified, hold multiple job titles, or
169 provide documentation from a physician that they have a medical diagnosis that renders them
170 physically unqualified to obtain a commercial driver’s license;
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171 (B) Professional personnel holding this class title may not be defined or classified as
172 service personnel unless the professional person held a service personnel title under this section
173 prior to holding the class title of "director or coordinator of services;"
174 (C) The director or coordinator of services is classified either as a professional person or
175 a service person for state aid formula funding purposes;
176 (D) Funding for the position of director or coordinator of services is based upon the
177 employment status of the director or coordinator either as a professional person or a service
178 person; and
179 (E) A person employed under the class title "director or coordinator of services" may not
180 be exclusively assigned to perform the duties ascribed to any other class title as defined in this
181 subsection: Provided, That nothing in this paragraph prohibits a person in this position from being
182 multiclassified;
183 "Draftsman" means a person employed to plan, design, and produce detailed
184 architectural/engineering drawings;
185 "Early Childhood Classroom Assistant Teacher I" means a person who does not possess
186 minimum requirements for the permanent authorization requirements, but is enrolled in and
187 pursuing requirements;
188 "Early Childhood Classroom Assistant Teacher II" means a person who has completed
189 the minimum requirements for a state-awarded certificate for early childhood classroom assistant
190 teachers as determined by the state board;
191 "Early Childhood Classroom Assistant Teacher III" means a person who has completed
192 permanent authorization requirements, as well as additional requirements comparable to current
193 paraprofessional certificate;
194 "Educational Sign Language Interpreter I" means a person employed to provide
195 communication access across all educational environments to students who are deaf or hard of
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196 hearing, and who holds the Initial Paraprofessional Certificate – Educational Interpreter pursuant
197 to state board policy;
198 "Educational Sign Language Interpreter II" means a person employed to provide
199 communication access across all educational envir