SB 1064 — Redefining "long-term substitute" as it relates to public school personnel

SB1064WEST HVIRGINIA EDULEGISLATURE AMREGULAR WhiteSESSION 3336 TheEnrolled CommitteeSenate onBill Education1064 movedBY toSENATORS amendGRADY, theWOELFEL,ANDDEEDS bill[Passed onMarch page14, 1,2026; after the enacting clause by striking the remainder of the bill its entirety and inserting, in lieu thereof, the following:

in effect 90 days from passage (June 12, 2026)] Enr SB 1064 AN ACT to amend and reenact §18A-1-1 of the Code of West Virginia, 1931, as amended, relating to redefining "long-term substitute" as it relates to public school personnel.

Be it enacted by the Legislature of West Virginia:

Definitions.DEFINITIONS.

In addition, the following words used in this chapter and in any proceedings pursuant to this chapter have the meanings ascribed to them unless the context clearly indicates a different meaning:(a)meaning: "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise.

(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise.

Professional personnel and service personnel;(b)personnel; "Professional person" or "professional personnel" means those persons or employees who meet the certification requirements of the state, licensing requirements of the state, or both, and includes a professional educator and other professional employee;(c) "Professional educator" has the same meaning as "teacher" as defined in §18-1-1 of this code.

Professional(b) educators"Professional areperson" classifiedor as"professional follows:(1)personnel" "Classroom teacher" means athose professionalpersons educator who has a direct instructional or counselingemployees relationship with students and who spendsmeet the majoritycertification ofrequirements his or her time in this capacity;(2) "Principal" means a professional educator who functions as an agent of the countystate, boardlicensing andrequirements hasof responsibility for the supervision,state, management,or both, and controlincludes of a schoolprofessional oreducator schoolsand withinother theprofessional guidelinesemployee; established by the county board.

The(c) principal's"Professional majoreducator" areahas of responsibility is the generalsame supervisionmeaning ofas all"teacher" theas schoolsdefined and all school activities involving students, teachers, and other school personnel;(3) "Supervisor" means a professional educator who is responsible for working primarily in the§18-1-1 fieldof withthis professionalcode. and other personnel in instructional and other school improvement.

Professional educators are classified as follows:

(1) "Classroom teacher" means a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity;

(2) "Principal" means a professional educator who functions as an agent of the county board and has responsibility for the supervision, management, and control of a school or schools within the guidelines established by the county board.

The principal's major area of responsibility is the general supervision of all the schools and all school activities involving students, teachers, and other school personnel;

Enr SB 1064 (3) "Supervisor" means a professional educator who is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement.

and(4)and (4) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent, and other professional educators who are charged with administering and supervising the whole or some assigned part of the total program of the countywide school system.

This category includes other appropriate titles or positions with duties that fit within this definition;(d)definition; "Other professional employee" means a person from another profession who is properly licensed and who is employed to serve the public schools.

This(d) definition"Other includes a registered professional nurse,employee" licensedmeans bya theperson Westfrom Virginiaanother Boardprofession of Examiners for Registered Professional Nurses, who is employedproperly bylicensed a county board and has completed either a two-year (64 semester hours) or a three-year (96 semester hours) nursing program;(e) "Service person" or "service personnel", whether singular or plural, means a nonteaching school employee who is notemployed includedto inserve the meaningpublic ofschools. "teacher" as defined in §18-1-1 of this code and who serves the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch, and aides.

AnyThis referencedefinition toincludes "servicea employee"registered orprofessional "servicenurse, employees"licensed inby this chapter or chapter 18 of this code means service person or service personnel as defined in this section;(f) "Principals Academy" or "academy" means the academyWest createdVirginia pursuantBoard to §18A-3A-2b of thisExaminers code;(g) "Center for Registered Professional Development"Nurses, meanswho theis centeremployed created pursuant to §18A-3A-1 of this code;(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilitieshas ofcompleted oneeither authorized full-time position;(i) "Prospective employable professional person", whether singular or plural, means a certifiedtwo-year professional(64 educatorsemester who:(1)hours) Has been recruited on a reserve list of a county board;(2) Has been recruited at a job fair or as a resultthree-year of(96 contactsemester madehours) atnursing aprogram; job fair;(3) Has not obtained regular employee status through the job posting process provided in §18A-4-7a of this code;

and(4)(e) Has"Service obtainedperson" aor baccalaureate"service degreepersonnel", fromwhether ansingular accreditedor institutionplural, of higher education within the past year;(j) "Dangerous student" means a studentnonteaching school employee who is substantiallynot likelyincluded toin causethe seriousmeaning bodilyof injury"teacher" to himself, herself, or another individual within that student's educational environment, which may include any alternative education environment, as evidenceddefined byin a§18- pattern1-1 or series of violentthis behaviorcode exhibited by the student, and documentedwho inserves writing by the school,school with the documentation provided to the student and parent or guardianschools atas thea timewhole, ofin anya offense;(k)nonprofessional "Alternativecapacity, education"including meanssuch anareas authorizedas departuresecretarial, fromcustodial, themaintenance, regulartransportation, school programlunch, designed to provide educational and socialaides. development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions;

and(l)Any "Long-termreference substitute"to means"service aemployee" substituteor employee"service whoemployees" fillsin athis vacantchapter position:Thator thechapter county18 superintendentof expectsthis tocode extendmeans forservice atperson leastor thirtyservice consecutivepersonnel days,as anddefined is either:(A) Listed in thethis jobsection; posting as a long-term substitute position of over 30 days;

or(B)(f) Listed"Principals inAcademy" aor job"academy" postingmeans asthe aacademy regular,created full-timepursuant positionto and:(i)§18A-3A- Is2b notof filledthis bycode; a regular, full-time employee;

and(ii)(g) Is"Center filledfor byProfessional aDevelopment" substitute employee.For the purposes of §5-16-2 of this code, long-term substitute does not include a retired employee hired to fill the vacant position.(l) “Long-term substitute” means a substitute employee who fills a position for more than thirty consecutive instructional days, regardless of whether the positioncenter iscreated vacantpursuant or the regular employee is absent, subject to the§18A- following:(1)3A-1 A position expected to exceed thirty consecutive instructional days shall be considered a long-term substitute position and shall require the individual serving in the assignment to hold the appropriate credential issued in accordance with State Board rule where the posting is only required to occur once at the beginning of thethis yearcode; and once mid-year in accordance to §18A-4-7a., and the position is listed as a regular, full-time position;

Enr SB 1064 (h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;

(i) "Prospective employable professional person", whether singular or plural, means a certified professional educator who:

(1) Has been recruited on a reserve list of a county board;

(2) Has been recruited at a job fair or as a result of contact made at a job fair;

(3) Has not obtained regular employee status through the job posting process provided in §18A-4-7a of this code;

and (4) Has obtained a baccalaureate degree from an accredited institution of higher education within the past year;

(j) "Dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself, or another individual within that student's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense;

(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions;

and (l) “Long-term substitute” means a substitute employee who fills a position for more than thirty consecutive instructional days, regardless of whether the position is vacant or the regular employee is absent, subject to the following:

(1) A position expected to exceed thirty consecutive instructional days shall be considered a long-term substitute position and shall require the individual serving in the assignment to hold the appropriate credential issued in accordance with State Board rule where Enr SB 1064 the posting is only required to occur once at the beginning of the year and once mid-year in accordance to §18A-4-7a., and the position is listed as a regular, full-time position;

and is filled by a substitute employee. (2)employee. For the purposes of section two, article sixteen, chapter five §5-16-2 of this code, long-term substitute does not include a retired employee hired to fill the vacant position.    AdoptedRejected

(2) For the purposes of §5-16-2 of this code, long-term substitute does not include a retired employee hired to fill the vacant position.

Enr SB 1064 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect 90 days from passage.

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