Committee removes limit on retired teachers serving as substitutes, agrees to report bill
February 18, 2025 | 2025 Legislature WV, West Virginia
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A Senate committee adopted a substitute for Senate Bill 282 that, as explained by committee counsel, delays the expiration date that currently limits posting of substitute positions and allows continued electronic posting "for an unlimited number of days each fiscal year" if certain conditions are met.
"For an unlimited number of days each fiscal year, if all of certain conditions are satisfied, the expiration date is delayed from June thirtieth of this year to continue to post the position and post it electronically until it is filled with a regularly employed teacher," said Hank, committee counsel. Counsel said the first exception applies when filling the position of a regular teacher on a leave of absence; the second applies when a position is filled with a regularly employed teacher who is not available at the time he or she accepts the position.
Senators discussed concerns about retired teachers returning to substitute and the effect on long-term substitutes. The senior senator for the thirteenth noted the state has repeatedly relaxed limits to address staffing shortages and said the change "was finally just to take the take any limits off, allow you to come back if the position is a critical need." A senator raised concerns that retired teachers might be pressured to displace previously arranged long-term substitutes and asked whether a timeline or additional protections are needed for long-term subs; others countered that retired teachers can decline.
The committee agreed to the committee substitute by voice vote; the vice chair moved that the substitute be reported to the full Senate with a recommendation that it do pass, and the motion was adopted by voice vote. Committee discussion included a clarification from the chair that the bill was requested by retired teachers seeking to return at will. A senator asked the chairman of pensions to confirm retirement-system implications; the chairman confirmed retirees may continue to draw their retirement without an offset and would be paid daily per diem substitute pay.
The transcript does not include a roll-call tally; votes were resolved by voice. The bill now proceeds to the full Senate for consideration.
"For an unlimited number of days each fiscal year, if all of certain conditions are satisfied, the expiration date is delayed from June thirtieth of this year to continue to post the position and post it electronically until it is filled with a regularly employed teacher," said Hank, committee counsel. Counsel said the first exception applies when filling the position of a regular teacher on a leave of absence; the second applies when a position is filled with a regularly employed teacher who is not available at the time he or she accepts the position.
Senators discussed concerns about retired teachers returning to substitute and the effect on long-term substitutes. The senior senator for the thirteenth noted the state has repeatedly relaxed limits to address staffing shortages and said the change "was finally just to take the take any limits off, allow you to come back if the position is a critical need." A senator raised concerns that retired teachers might be pressured to displace previously arranged long-term substitutes and asked whether a timeline or additional protections are needed for long-term subs; others countered that retired teachers can decline.
The committee agreed to the committee substitute by voice vote; the vice chair moved that the substitute be reported to the full Senate with a recommendation that it do pass, and the motion was adopted by voice vote. Committee discussion included a clarification from the chair that the bill was requested by retired teachers seeking to return at will. A senator asked the chairman of pensions to confirm retirement-system implications; the chairman confirmed retirees may continue to draw their retirement without an offset and would be paid daily per diem substitute pay.
The transcript does not include a roll-call tally; votes were resolved by voice. The bill now proceeds to the full Senate for consideration.
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