W. Va. Code R. § 126-85-127

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 126-85-127 - Personnel and Training

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.

127.10. When filling a vacant service personnel position, one must first offer the position to a regular employee within that classification category (i.e., Cook I, Cook II, Cook III, Cafeteria Manager) having the greatest seniority and strongest evaluation. If no one classified as a cook is interested in the position, it may be offered to other service employees based on seniority and contingent upon their passing the competency test for cooks.

127.11. It is recommended that child nutrition program participation data be used to develop a consistent standard for determining the number of employees needed for efficient program operations. Recommended staffing ratios are available in W.Va. Code § 18A-2-13.

W. Va. Code R. § 126-85-127