Grant County School
Bylaws & Policies
 

3120.04 - EMPLOYMENT OF SUBSTITUTES

The Board of Education recognizes the need to procure the services of substitutes in order to continue the operation of the schools as a result of the absence of regular personnel.

The County Superintendent, subject to approval of the County Board, may employ and assign substitute teachers to any of the following duties:

 A.to fill the temporary absence of any teacher or an unexpired school term made vacant by resignation, death, suspension or dismissal;
 B.to fill a teaching position of a regular teacher on leave of absence; and
 C.to perform the instructional services of any teacher who is authorized by law to be absent from class without loss of pay, providing the absence is approved by the Board of Education in accordance with the law. The substitute shall be a duly certified teacher.

A substitute teacher who has been assigned as a classroom teacher in the same classroom continuously for more than one half (1/2) of a grading period and whose assignment remains in effect two (2) weeks prior to the end of the grading period, shall remain in the assignment until the grading period has ended, unless the principal of the school certifies that the regularly employed teacher has communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been approved to return to work by his/her physician. For the purposes of this policy, teacher and substitute teacher mean professional educator as defined in 18A-1-1, Code of West Virginia.

A retired teacher may accept employment as a substitute teacher and work up to 140 days prior to having his/her retirement benefit reduced.

Upon completion of 133 days of employment in any one (1) school year, substitute teachers, except retired teachers and other retired professional educators employed as substitutes, shall accrue seniority exclusively for the purpose of applying for employment as a permanent, full-time professional employee. Employment of 133 days or more as a substitute teacher shall be prorated and shall vest as a fraction of the school year worked by the permanent, full-time teacher.

The pay of a substitute teacher shall not be less than eighty percent (80%) of the daily rate of the state basic salary paid to teachers; however, any substitute teacher who teaches in excess of ten (10) consecutive instructional days in the same position shall, thereafter, not be paid less than eighty percent (80%) of the daily rate of the State advanced salary based upon teaching experience. Any substitute teacher who teaches in excess of thirty (30) days in the same position shall be paid the daily rate of the advanced salary schedule in the county.

The term "basic salary" in the preceding paragraph and as defined in § 18A-4-1, Code of West Virginia only refers to the corresponding amount of salary appearing in the minimum salary schedule amount within §18A-4-2, Code of West Virginia, and does not encompass any additional amounts, such as equity supplements. Therefore, the calculation of the daily amount or remuneration paid to a substitute teacher under this section does not include an amount for the State equity supplement. Smith v. Board of Educ., 192 W. Va. 321, 452 S.E.2d 412 (1994).

A substitute may file a grievance but is considered an employee only on matters related to days worked for a board of education or when there is a violation, misapplication or misinterpretation of a statute, policy, rule, regulation or written agreement relating to such substitute.

Substitute teachers shall be evaluated in accordance with State and local policies.

Substitute teachers may be utilized to assist with classroom responsibilities in order to provide for planning time for a regular employee; however, any substitute teacher who is employed to teach a minimum of two (2) consecutive days in the same position shall be granted a planning period.

Substitutes shall have complied with the tuberculosis examination required by law.

Daily substitutes shall not earn sick leave nor be paid for days when students are not required to attend school.

18A-2-3, 18A-4-7, 18A-4-14, 18A-4-7a, 18A-2-12, 18-29-2, Code of West Virginia