West Virginia Code § 18A-2-5

Employment of service personnel; limitation
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The board may employ such service personnel, including substitutes, as is deemed necessary
for meeting the needs of the county school system: Provided, That the board may not employ
a number of such personnel whose minimum monthly salary under §18A-4-8a of this code is
specified as pay grade "H", which number exceeds the number employed by the board on
March 1, 1988. e
Effective July 1, 1988, a county board shall not employ for the first time any person who has
not obtained a high school diploma or general educational development certificate (GED) or
who is not enrolled in an approved adult education course by theu date of employment in
preparation for obtaining a GED: Provided, That such employment is contingent upon
continued enrollment or successful completion of the GED ptrogram: Provided, however, That
this paragraph shall not apply to school bus drivers who are 21 years of age or older:
Provided further, That this paragraph shall not apply to cooks or custodians.
Before entering upon their duties service personnell shall execute with the board a written
contract which shall be in the following form:s
"COUNTY BOARD OF EDUCATION i
SERVICE PERSONNEL CONTRACT OF EMPLOYMENT
THIS (Probationary or Continuing) CONTRACT OF EMPLOYMENT, made and entered into
this _________ day of _____________, 20 ____, by and between THE BOARD OF EDUCATION OF
THE COUNTY OF _______________, a corporation, hereinafter called the 'Board,' and (Name
and Social Security Number of Employee), of (Mailing Address), hereinafter called the
'Employee.'
WITNESSETH, that whereas, at a lawful meeting of the Board of Education of the County of
___________ held at the offices of said Board, in the City of _____________________,
________________ County, West Virginia, on the ______ day of ___________________, 20____, the
Employee was duly hired and appointed for employment as a (Job Classification) at (Place of
Assignment) for the school year commencing __________ for the employment term and at the
salary and upon the terms hereinafter set out.
NOW, THEREFORE, pursuant to said employment, Board and Employee mutually agree as
follows:
(1) The Employee is employed by the Board as a (Job Classification) at (Place of Assignment)
for the school year or remaining part thereof commencing _____________, 20_____. The period
of employment is _______ days at an annual salary of $_______ at the rate of $________ per
month.
(2) The Board hereby certifies that the Employee's employment has been duly approved by
the Board and will be a matter of the Board's minute records.
(3) The services to be performed by the Employee shall be such services as are prescribed
for the job classification set out above in paragraph (1) and as defined in §18A-4-8 of this
code.
(4) The Employee may be dismissed at any time for immorality, incompetency, cruelty,
insubordination, intemperance or willful neglect of duty pursuant to §18A-2-8 of this code.
(5) The Superintendent of the ____________ County Board of Education, subject to the
approval of the Board, may transfer and assign the Employee in the manner provided by
§18A-7-2 of this code.
(6) This contract shall at all times be subject to any and all existing laws, or such laws as
may hereafter be lawfully enacted, and such laws shall be a part of this contract.
(7) This contract may be terminated or modified at anya time by the mutual consent of the
Board and the Employee.
(8) This contract shall be automatically terminated if the Employee is convicted under
§61-8D-3 or §61-8D-5 of this code or comparable statute in any other state, of any criminal
offense that requires the Employee to regiister as a sex offender, or of any criminal offense
which has as an element delivery or distribution of a controlled substance: Provided, That if
the conviction resulting in automatic revocation pursuant to this section is overturned by any
Court of this state or the United States, the Employee's contract shall be reinstated unless
otherwise prohibited by law.
(9) This contract shall be signed and returned to the Board at its address of
__________________________________ within 30 days after being received by the Employee.
(10) By signinVg this contract the Employee accepts employment upon the terms herein set
out.
WITNESS the following signatures as of the day, month and year first above written:
_____________, (President, ______ County Board of Education) _____________, (Secretary, ______
County Board of Education) _____________, (Employee)"
The use of this form may not be interpreted to authorize boards to discontinue any
employee's contract status with the board or rescind any rights, privileges, or benefits held
under contract or otherwise by any employee prior to the effective date of this section.
Each contract of employment shall be designated as a probationary or continuing contract.
The employment of service personnel shall be made a matter of minute record. The
employee shall return the contract of employment to the county board of education within 30
days after receipt or otherwise he or she shall forfeit his or her right to employment.
Under such regulation and policy as may be established by the county board, service
personnel selected and trained for teacher-aide classifications, such as monitor aide, clerical
aide, classroom aide, and general aide, shall work under the direction of the principal and
teachers to whom assigned.

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