Policy 511 - Employment of Substitutes
Adopted on March 24, 2022
Effective March 24, 2022
The Board 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 Superintendent, subject to approval of the Board, may employ and assign substitute employees to any of the following duties:
- to fill the temporary absence of any employee or an unexpired school term made vacant by resignation, death, suspension or dismissal;
- to fill a position of a regular employee on leave of absence;
- to perform the services of any employee who is authorized to be absent without loss of pay; and
- to fill the temporary vacancy in a newly created position for which a regular employee has not yet been hired.
For the purposes of this policy, a "long-term" assignment shall be one for which the absence or vacancy will last for more than 30 consecutive working days or for which such is expected.
Any person interested in working as a substitute employee for the Board shall make application for a posted vacancy for substitute employment. No person shall be hired as a substitute employee for the Board unless he / she has made such an application and has found to be qualified to hold such a position.
Prior to commencing their duties, all substitute employees shall submit to a criminal records check at their expense. The Board reserves the right to decline to employ, withdraw an offer of employment to, or terminate the contract of any person based on the results of this check or any person who fails to fully disclose his / her background information as required in the application process. For the purposes of this policy, a criminal records check conducted for certification or licensure with the West Virginia Department of Education may be used to comply with this requirement. Any former employee of the Board who returns to employment less than six months after separation shall not be required to submit to an additional criminal records check.
Substitute teachers shall be hired only after having submitted proof of appropriate certification or licensure. Substitute teachers who possess a professional teaching certificate or substitute permit endorsed in a particular area of certification may be assigned to long-term permanent or temporary vacancies (those lasting greater than 30 consecutive working days) in that area of certification.
Substitute service personnel must pass the state competency exam for the classification under which they wish to be hired. Former regular service personnel in a classification may be employed as substitute in that classification without passing the state competency exam.
Restricted Short-Term Substitutes
The Board may, upon recommendation by the Superintendent, employ individuals as substitute teachers who hold a restricted short-term substitute teacher permit. These individuals must have earned at least an associate's degree from or have completed sixty credit hours at a regionally accredited institution of higher education.
Notwithstanding any other section of this or other Board policies to the contrary, any substitute teacher who has not yet reached the age of twenty-two may only serve in a classroom which serves students in one or more grades pre-kindergarten through eighth.
Restricted short-term substitute teachers may not be placed in a particular assignment in excess of ten consecutive instructional days.
Payment of Substitutes
The pay of a substitute teacher shall be 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 consecutive instructional days in the same position shall, thereafter, be paid 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 days in the same position shall thereafter be paid the daily rate of the advanced salary schedule in the County.
The pay of a substitute service personnel shall be at the daily rate that such person would receive in the vacancy in which he / she is serving.
Grievance Rights of Substitutes
A substitute shall have standing to file a grievance only on matters related to days worked or when there is a violation, misapplication or misinterpretation of a statute, policy, rule or written agreement relating to such substitute.
Evaluation of Substitutes
Substitute employees shall be evaluated in accordance with Policies 550 and 551.
Personal Leave for Substitutes
Daily substitutes shall not earn sick leave and shall not be paid for days when students are not required to attend school.
Long-term substitutes shall earn the same rights and benefits afforded to regular employees when considering personal leave. Personal leave earned as a long-term substitute shall only be used while assigned as a long-term substitute or converted to personal leave as a regular employee.
Assignment of Substitutes
Substitute teachers may be chosen for day-to-day assignments by the preference of the absent teacher or the principal. An absent teacher shall not designate as preferred any substitute teacher who is a close relative of the absent teacher, including one's mother, father, child, sibling, grandmother, grandfather, aunt, uncle, niece, or nephew. For long-term assignments, preference shall be given to substitute teachers in the following ranked order:
- Certified teachers who hold endorsement in the appropriate area of certification
- Certified teachers who do not hold endorsement in the appropriate area of certification
- Permitted teachers who hold endorsement in the appropriate area of certification
- Permitted teachers who do not hold endorsement in the appropriate area of certification
If more than one substitute teacher is available for a long-term assignment such that this ranked order does not separate the candidates, then the preference of the absent teacher or the principal may be considered in the assignment.
Substitute service personnel shall be assigned on a rotating seniority basis within the appropriate classification, except that if the absence or vacancy is expected to extend for more than 30 consecutive working days due to the suspension of the absent employee or a Board-approved leave of absence, then the assignment shall be posted and filled pursuant to the requirements of filling vacancies in regular service personnel assignments. If under this process a regular service personnel is found to be most senior and qualified for the assignment, that regular service personnel shall fill the absence or vacancy and a substitute assigned to fill his / her regular assignment for the duration.
Availability of Substitutes
It is expected that substitute employees will be available and accept offered assignments. Substitute service personnel will be expected to serve all school attendance areas in Roane County. The unavailability of a substitute employee or the refusal of offered assignments has a detrimental effect upon the efficient operation of the school system. However, in recognition of the occurrence of a reasonable number of circumstances beyond the control of substitute employees, a determination has been made to permit a total of ten instances of unavailability and/or refusal within a semester before adverse personnel action is recommended.
If a substitute employee is called work on a day that the employee has previously scheduled a doctor's appointment during the projected work time and the employee can provide a signed statement from the physician for reason of absence, the refusal will be recorded, but not counted against the employee.
The Board employs an electronic calling system for substitutes and notifies substitutes of available work through the phone contacts provided by the substitute. The lack of a response is determined to mean "not available" and will counted as "no." It is recognized that it is the responsibility of the substitute to be available to answer the calls or update the electronic calling system when changing contact information.
In the event a substitute employee is either "not available" or "declines" work on seven separate occasions the employee shall be provided with a warning letter indicating that three additional instances of non-availability and/or refusal shall result in a recommendation that employment be terminated. After a warning letter has been issued and following three additional instances or non-availability and/or refusal within a semester, the Superintendent may recommend the termination of the employment of the substitute employee. A substitute employee who is terminated under the terms of this policy shall not be eligible for employment with the Board in any capacity for a period of six months following the date of termination.
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