Policy%203120.12%20For%20Approval.pdf

Parent document: 2024-10-28-2c5ae8eb865c389a71a75691c1027f03-agenda.txt

Text

Cj;ILMER

COUNTY SCHOOLS
Sapawer ° Suspire . Sugage

Book Policy Manual

Section 3120.12

Title Copy of SUBSTITUTES IN AREAS OF CRITICAL NEED AND SHORTAGE
Code po3120.12

Status

Legal WV Code 18A-2-3

WV Code 18-7A-38

3120.12 - SUBSTITUTES IN AREAS OF CRITICAL NEED AND SHORTAGE
Purpose

The purpose of this policy, as recommended by the Superintendent, is to provide for the employment of retired teachers as substitutes
on an expanded basis in areas of critical need and shortage.

The Board of Education hereby adopts the definition of "area of critical need and shortage" set forth in West Virginia Code 18A-2-3 as
follows: "Area of critical need and shortage for substitute teachers" means an area of certification and training in which the number of
available substitute teachers in the County who hold certification and training in that area and who are not retired is insufficient to meet
the projected need for substitute teachers. Teacher or substitute teacher includes speech pathologists and school nurses, and guidance
counselors.

The Board additionally finds and determines that:

A. there presently exists within the County a critical need for substitute teachers in the areas of:

[INSERT SPECIFIC INDIVIDUAL AREAS HERE]

as

English

2. __ Language Arts

a

Reading

Spanish
. Business
. Career And Technology Education (CTE

. Mathematics

. Family and Consumer Science

10. Special Education (all areas)

11. Music

12. Art

13. Speech and Language Pathologist

14. School Psychologist
15. PreSchool Special Needs

16. Visually Impaired

17. Gifted

18. Autism

19. Deaf and Hard of Hearing

20. Principal

21. English as a Second Language (ESL)
22. Physical Education



23. Counselor
24. School Nurse

B. and that, there is also a shortage of available certified substitute teachers, who are not retired, available to cover these areas of
critical need.

Accordingly, the Board hereby authorizes the employment of retired teachers as substitute teachers during the 2623—2924 2024-
2045 school year on an expanded basis in those areas of critical need and shortage noted above as is recommended by the
Superintendent. In no case shall a retired teacher be employed where there is available for employment another teacher holding
certification and training in the area of need who is not retired and who will accept the substitute assignment.

This policy shall be effective upon approval by the West Virginia Board of Education for the 26232624 2024-2025 year only, subject to
annual review by the County Board and re-approval by the West Virginia Board of Education.

Prior to employment of a retired teacher, as a critical needs substitute teacher beyond the post-retirement employment limitations
established by the Consolidated Public Retirement Board ("Retirement Board"), the Superintendent shall submit to the West Virginia
Board of Education in a form approved by the Retirement Board and the West Virginia Board of Education, an affidavit signed by the
Superintendent stating the name of the county, the fact that the county has adopted a policy to employ retired teachers as substitutes
to address areas of critical need and shortage, the name or names of the person or persons to be employed as a critical needs
substitute pursuant to the policy, the critical need and shortage area position filled by each person, the date that the person gave
notice to the county board of the person’s intent to retire, and the effective date of the person’s retirement. Upon verification of
compliance with West Virginia Code 18A-2-3 and the eligibility of the critical needs substitute teacher for employment beyond the post-
retirement limit, the West Virginia Board of Education shall submit the affidavit to the Retirement Board. Prior to any retirant becoming
employed on a temporary full-time or temporary part-time basis by the county, the county shall notify the Retirement Board and the
retirant, in writing, if and when the retirant’s potential temporary employment will negatively impact the retirant’s retired status or
benefits. Upon the retirant’s acceptance of either temporary full-time or temporary part-time employment, the employer shall notify the
Retirement Board, in writing, of the retirant’s subsequent employment.

The County Board shall cooperate with the West Virginia Board of Education to verify the county's compliance with the requirements of
this code section and verify the eligibility of the critical needs substitute teacher (i.e., adoption of local policy, prior electronic posting of
position opening, retirement date effective before the first day of July, preceding at least the fiscal year during which s/he is employed,
continuous and ongoing posting seeking fully certified non-retired teacher, and absence of a non-retired teacher who holds certification
and training in the required area).

When a retired teacher is employed as a substitute to fill a vacant position, the County shall continue to post the vacant position
electronically and easily accessible to prospective employees until it is filled with a regularly employed teacher who is fully certified or
permitted for the position.

The County Superintendent shall forward a copy of this policy annually to the State Superintendent of Schools for approval by the West
Virginia Board of Education prior to employment of retired teachers on an expanded basis as substitutes in areas of critical need and
shortage.

A retired teacher is eligible to be employed as a critical needs substitute to fill a vacant position without any loss of retirement benefits
attributed to the annuity reserve only if the retired teacher’s retirement became effective before the first day of July preceding at least
the fiscal year during which s/he is employed as a critical need substitute.

Every contract of employment for such retired teachers to be employed for periods beyond the post-retirement employment limitation
established by the consolidated public retirement board shall include therein the following information:

Any person who retires and begins work as a substitute teacher within the same fiscal year shall lose those retirement benefits
attributed to the annuity reserve, effective from the first day of employment as a retiree critical needs substitute teacher in that
fiscal year and ending with the month following the date the retiree ceases to perform service as a critical needs substitute
teacher.

Retired teachers employed to perform expanded substitute service provided in this policy, are considered day-to-day, temporary, part-
time employees. The substitutes are not eligible for additional pension or other benefits paid to regularly employed employees and shall
not accrue seniority.

The West Virginia Code that authorizes this policy is scheduled to expire June 30, 2025, unless extended by the legislature.

© Neola 2024
Legal References

WV Code 18A-2-3
WV Code 18-7A-38