Policy%203120.12.pdf

Parent document: 2024-09-23-d8e9f2f5ce5e579c1768542b8419db79-agenda.txt

Text

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 Beard additionally finds and determines that:

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

of:
1. English
2. Language Arts_
3. Reading —
4. Spanish
5. Business
6. Career And Technology Education (CTE)
7. i hemistry, Physics iol
8. Mathematics
9, Family and Consumer Science
10. ialE ti lar
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 E tion

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 Sas FODS 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 lemeaee
2624 DO2A025 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

WY Code 18-7A-38