West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-127 - Personnel and Training

Current through Register Vol. XLI, No. 28, July 12, 2024
127.1.
				Qualified personnel should be employed at both the school and SFA levels. As
				specified in WVBE Policy 4321.1 (§ 126-86-9), county superintendents must
				designate a school nutrition program director. This director must hold an
				authorization endorsed for School Nutrition Program Director. All school
				nutrition program directors must annually complete a minimum of 15 clock hours
				of in-service credit related to Child Nutrition Programs offered or approved by
				the WVDE Office of Child Nutrition. It is recommended that the SFA employ a
				full-time school nutrition program director.
127.2. In accordance with West Virginia Code
				§
									18A-2-5,
				service personnel employed for the first time must hold a high school diploma
				or general education development certificate (GED) or be enrolled in an
				approved adult education course for GED completion at the time of employment.
127.3. Responsibilities and duties
				of all personnel shall be established by the SFA in accordance with West
				Virginia Code §
									18A-4-8.
				Employees develop an understanding of their responsibilities through training
				and instructions. Duties, salary schedules, sick leave, hours of work, health
				examinations and fringe benefits such as social security and retirement
				benefits should be described in a statement of SFA policies and should be
				available to employees.
127.4.
				Employment policies are governed by the SFA and must be in agreement with state
				and federal laws and regulations. W.Va. Code §
									18A-2-5
				requires written contracts, for tenured, probationary and substitute employees.
				Employees must return signed contracts within thirty days after receipt or they
				forfeit the right to employment. Counties may use a mutual consent form that is
				appended to the contract when a change of classification is made or when
				employees indicate no desire to change classification. Principals should follow
				procedures established by the SFA to ensure consistency throughout the SFA.
127.5. In order to maintain a high
				degree of productivity and performance, school food service personnel must be
				evaluated periodically. Evaluation policy is determined by the SFA and should
				be applicable to tenured and non-tenured personnel. Evaluation criteria and
				instruments shall be developed by the SFA and made available to employees and
				school principals.
127.6. Each SFA
				shall maintain a code or standard of conduct that governs the performance of
				employees. USDA regulations state that school, county, state and federal food
				service employees shall neither solicit nor accept gratuities, favors or
				anything of material monetary value from contractors, vendors or potential
				contractors.
127.7. State law
				regulates extra assignments for school personnel. Assignments occurring on a
				regularly scheduled basis, as defined in W.Va. Code §
									18A-4-16,
				must be covered by a written document. Those defined in W.Va. Code §
									18A-4-8b
				not occurring on a regular basis need not be covered by a written document.
127.8. Job posting and employment
				procedures must comply with all state laws. SFAs are required to post and date
				notices of all job vacancies in a conspicuous working place for a minimum of
				five days. No vacancy can be filled until after the five days, but such vacancy
				must be filled within twenty working days from the posting date.
127.9. A vacated position or a newly created
				position may be filled temporarily with a substitute. State law states that
				substitute service personnel shall be assigned on the basis of seniority. When
				filling the position of an absent employee with a substitute, that position
				shall be offered in the following order:
127.9.1. With a regular employee in the same
				building having the same classification category (Cook I, Cook II, Cook 111,
				Cafeteria Manager) and the greatest seniority. Such regular employees shall be
				assigned on a rotating and seniority basis. The person filling an absentee
				position may be given the opportunity to stay in that position through the
				absence.
127.9.2. With a
				substitute with the greatest length of service time. Substitutes shall be
				employed on a rotating basis, according to their length of service, so that
				each has an opportunity to perform similar jobs.