WVSBA The Legislature

January 15, 2010 - Volume 30 / Issue 1

Overview

Stats

Day of Session 3rd
Days Remaining 57
Bills Introduced:
(Including 2009 House Carryover Bills)		 968

 

Quote: “We’ll see what the bill looks like…Experts tell us it’s the quality not the quantity of time…that students are in the classroom.” – West Virginia Federation of Teachers President Judy Hale responding to Governor Joe Manchin’s call for students to receive 180 days instruction. School “calendar” legislation likely will be a major educational legislative issue in the 2010 regular session.

Inside

 

 

 

“Journalism is literature in a hurry.” – Matthew Arnold (1822-1888), British poet and cultural critic.


By Jim Wallace

Gov. Manchin’s proposals for the 2010 regular session of the West Virginia Legislature include another attempt to ensure that each school system provides students with at least 180 days of instruction annually, no pay raises for teachers or other public employees and an increase in the School Building Authority’s borrowing flexibility.

Other parts of his legislative agenda include strong commitment to get some of the $5 billion of education reform money in the federal government’s Race to the Top program, expansion of the Imagination Library program to provide free books to young children, and funding for a program sponsored by Save the Children to help needy children acquire learning skills. That last program is promoted by actress Jennifer Garner, who caused a stir with her attendance at the State of the State address Wednesday evening.

Education issues received as much attention as any subject in the governor’s address. However, while Manchin made a point of making sure that lawmakers and the public realize that West Virginia is much better off financially than most other states, he also emphasized that the next few years will be lean ones for West Virginia.

“While we cannot afford to add any base-building salary increases in Fiscal Year 2011, we are still able to provide annual employee increments and we are fully funding teacher and service personnel step increases.” – Gov. Manchin

“When I look at West Virginia, I see a state of responsible financial planning, not a state of economic turmoil,” the governor said. Unlike other states, he said, West Virginia is not facing employee furloughs, government shutdowns or increased taxes. But Manchin recently required agencies to reduce their current budgets from the General Revenue Fund by 3.4 percent and has called for budget reductions in the next fiscal year of 5 percent for most agencies and 4 percent for education. That’s why new salary increases are not in his plans.

“While we cannot afford to add any base-building salary increases in Fiscal Year 2011, we are still able to provide annual employee increments and we are fully funding teacher and service personnel step increases,” Manchin said.

Unions representing school employees likewise are not pushing for higher salaries the way they were in recent years, but some union officials are talking about extending the step increases for employees with the longest years of service. Bob Brown, executive director of the West Virginia School Service Personnel Association, said that enticing employees to work longer could help cut down on the state’s liability for OPEB – other post-employment benefits – because Medicare would pick up more of the health care benefits for older retirees.

Otherwise, Brown said, union officials will concentrate this year more on work rule changes to “make life better for people who work.”

 

Changes in the school year are high on Manchin’s list.

Gov. Manchin’s inability to get the Legislature last year to pass a school calendar bill has not deterred him from trying again this year.

“Our current law requires students to attend school for 180 days a year, but let’s face the facts: This is not happening,” he said. “That is why I am asking you to pass a bill that guarantees that every county is able to comply with this law and provide 180 days of instruction. And we must pass this, because it is that important. No excuses, we owe it to our children.”

Dale Lee, president of the West Virginia Education Association, said his union is willing to discuss the calendar issue, but the issue is bigger than Manchin suggested.

“I agree that the most important thing that could happen for a child’s education is to be in front of that highly qualified teacher every day. That’s why the absenteeism has to be a part of that.” – WVEA President Dale Lee

“You have to include in that student absenteeism,” Lee said. “You have to have some student accountability, some parental accountability to send those kids to school, as well as the number of days in testing. I agree that the most important thing that could happen for a child’s education is to be in front of that highly qualified teacher every day. That’s why the absenteeism has to be a part of that. Ten snow days or five snow days are meaningless when the child misses more than 40 or 50 days. I’m willing to have the discussions, but let’s make it a true comprehensive calendar bill and discuss the absenteeism and everything with that.”

Judy Hale, president of West Virginia chapter of the American Federation of Teachers, also is willing to discuss changes in the school calendar.

“I’ve always thought that there’s enough flexibility in the calendar. Superintendents evidently just can’t schedule those days, so maybe that job should be given to somebody else.” – AFT-WV President Judy Hale

“I think students need to be in a classroom for 180 days,” she said. “But you know, I’ve always thought that there’s enough flexibility in the calendar. Superintendents evidently just can’t schedule those days, so maybe that job should be given to somebody else.”

 

 

 

School Building Authority would be able to do more.   
               
Manchin said $540 million of school construction work is going on now, but if the Legislature goes along with his proposal to give the School Building Authority more borrowing flexibility, even more could be done.

“This will not increase our debt limit but will allow us to create a steady revenue stream and provide safer schools and more construction jobs at cheaper bond rates,” Manchin said. “We recently completed a $78 million bond issue to improve our community and technical colleges. More West Virginians bought these bonds than almost any time in our history. This shows the confidence we have in our own state’s financial condition.”

 

Race to the Top could result in special session.

In his effort to get a share of the federal government’s $5 million Race to the Top funds for education reform, Manchin indicated he won’t give up easily. He said the state has already applied for the first round of funding.

“If West Virginia is not awarded the first round of Race to the Top funding, I will call this Legislature into a special session on education to make the changes needed to win the second round of funding.” – Gov. Manchin

“If West Virginia is not awarded the first round of Race to the Top funding, I will call this Legislature into a special session on education to make the changes needed to win the second round of funding, which will be awarded in June,” he said. “Let me assure you I will always push for the bold changes that will allow us to succeed nationally and globally.”

 

More counties would get Imagination Library.

Manchin noted that the state added seven counties to the Department of Education and the Arts’ Imagination Library program last year. That program, which was started by singer Dolly Parton, provides free books to poor children from birth until age five. By August, the governor said, the program will expand into 14 northern counties, adding more than 23,000 eligible children.

“Some 46 percent of our children live in low-income homes where parents struggle to provide for their families,” he said in emphasizing the need for Imagination Library and other programs. “The best way to improve the chances for lifelong success of children who live in poverty is to ensure they have the same education opportunities as other children. In West Virginia, 49 percent of low-income fourth-graders read below grade level, and research shows that children who score below grade level at this age are unlikely to ever catch up. This creates a lifelong deficit that is rarely overcome.”

The governor said one response to that problem was the passage last year of a bill providing for the screening of third-graders and eighth-graders and offering additional resources for students who don’t meet the standards at those grade levels. But he said the state must do more. That includes putting $1 million into a program by Save the Children to “help our most needy kids acquire the skills they need to succeed and build a lifelong love of learning.”

 

Jennifer Garner wants to break poverty cycle.

Garner, who grew up in Charleston, was present in the House of Delegates’ chamber for that announcement, because she serves as the “artist ambassador” for Save the Children’s programs in the United States. Legislators gave her a standing ovation when Manchin introduced her. Accompanying her was Mark Shriver, managing director of Save the Children’s U.S. programs.

Later, Garner said she is working with Save the Children to “empower schools” to help poor children get a good educational foundation.

“If you don’t start out on the right foot, you just fall further behind.” – Jennifer Garner

“If you don’t start out on the right foot, you just fall further behind,” she said. “It’s a cycle that has to be broken in a strong, decisive way.”

Garner said Save the Children’s program “does address quite eloquently the needs of rural America.”

 

Some could get lower taxes.

Another of Gov. Manchin’s proposals of interest to school systems is his recommendation of a constitutional amendment that would give the Legislature the flexibility to lower taxes on commercial and industrial property. He said that would help West Virginia create jobs, but he made a point of stating that, in changing the tax system, lawmakers should consider the effects on local governments.

“This is about more than cutting taxes,” Manchin said. “It’s about fair and progressive taxation that meets our state’s needs and allows us to compete and prosper.”

The governor concluded his speech by reaffirming his commitment to provide every child with a safe environment and a healthy start.

“Many of the bold initiatives I have discussed tonight are tailored for our youngest citizens, because they have no voice, and they deserve the opportunity to succeed,” he said. “We must be their voice, and it is our responsibility to provide that opportunity.”

 


By Jim Wallace

A few years ago, not many people – even those in state government – would have recognized the acronym “OPEB,” but these days, it comes up in almost every meeting at the Capitol dealing with the budget and West Virginia’s financial outlook.

Of course, as so many people know now, OPEB stands for “other post-employment benefits.” In West Virginia’s case, it mainly stands for the looming liability in health care benefits for teachers, state workers and other public employees who are retired now or will retire someday.

Getting a handle on the size of that liability has been difficult, but the figure most often used these days is about $7.8 billion, although it continues to grow as long as nothing is done to pay it off. Getting a handle on how the state and other public sector employers might pay it off is proving to be much more difficult.

 

Senators are getting close to answers.

During the past few months, a Senate work group led by Sen. Brooks McCabe, D-Kanawha, has been meeting weekly as much as possible – even during a recent big snowstorm that cancelled many other activities. That’s an indication, he said, of the importance they have put on addressing the problem.

The group of seven senators hasn’t come up with any solutions yet, but McCabe told Finance Subcommittee C Tuesday in one of the last legislative interim meetings before the regular session began that they hoped to do so within 10 days. He said Senate President Earl Ray Tomblin, D-Logan, and Senate Finance Chairman Walt Helmick, D-Pocahontas, told the group to develop a series of proposals for addressing the OPEB problem.

The initial approach the group took was to hear from as many interested parties as possible what they thought should be done about OPEB. Then the group turned to actuarial reports. That included reports from actuaries hired by the Public Employees Insurance Agency, the American Federation of Teachers and the governor’s office. It also included seeking help from actuaries from the Segal Company, which the Senate hired for an independent analysis of the situation. McCabe said the other actuaries shared their information with Segal, which was still analyzing the data when he spoke.

Any course of action necessarily would require “tough love.” – Sen. Brooks McCabe

Because of that, McCabe said he couldn’t offer his fellow legislators any specifics about possible solutions. “Our work group is not there yet,” he said. But he added that any course of action necessarily would require “tough love.”

McCabe said the group’s process for bringing other legislators into the deliberations probably would begin by taking proposals to other senators in Democratic and Republican caucuses. After that, he said, the senators would share what they’ve developed with members of the House of Delegates.

“We’ll show you everything we’ve done and why we’ve done it,” McCabe said. Acknowledging that it especially difficult to deal with such a large financial problem in an election year, he added, “We have to be careful about what we present.”

 

School board president wants action from lawmakers.

When Rick Olcott, president of the Wood County Board of Education, heard about McCabe’s presentation, he expressed a mixture of hope and frustration. He thinks the Legislature should have addressed the OPEB problem long before this year, but he was encouraged that McCabe said the Senate work group would develop solutions within 10 days.

Olcott’s board is among 50 school boards in West Virginia that have announced their intention to sue the state over OPEB. The problem for school boards is that, even though PEIA is not requiring them to pay the portion of the OPEB liability assigned to them, they are required to carry it on their books, which leads to other problems.

Because Wood County has one of the three largest school systems in the state, it was among the first group of counties to have to put the OPEB liability on their balance sheets, but others are coming along quickly behind them. Olcott said his board and others are already setting aside money for OPEB that instead should be going into services for students.

“This is not the way to treat the kids and our local school systems.” – Rick Olcott

“I know we’ve got the attention of all the legislators across the state,” he said in reference to the threatened lawsuit. “This is not the way to treat the kids and our local school systems.”

Olcott, who is president of the West Virginia School Board Association, said it’s wrong for the state to pass off such a liability to legal entities that don’t have the means to do anything to address it. Because it is the state that provides most of the funding for salaries for teachers and other school employees and it was the state that set up the system in which retirees’ health care benefits are largely unfunded, he believes it is the state’s responsibility to figure out how to pay off the OPEB liability.

 

GASB might provide a course of relief.

In another interim meeting, the Joint Committee on Government and Finance, PEIA Director Ted Cheatham told legislative leaders that such a course of action is possible.

“There are discussions afoot about making [teachers] state employees.” – PEIA Director Ted Cheatham“There are discussions afoot about making [teachers] state employees,” he said. But he added that declaring teachers employees of the state instead of county school boards is not necessarily the only way to do it.

Cheatham said the Governmental Accounting Standards Board, which issued the regulations that forced West Virginia and other states to recognize their OPEB liabilities, has a provision that might apply in this case. Because the state provides most of the funding for school employees’ pay, that GASB provision would allow the state to assume the liability for them, or at least most of it, he said.

Sen. Frank Deem, R-Wood, said he asked Supreme Court Administrator Steve Canterbury to research whether there is any legal reason preventing the Legislature from declaring school employees to be employees of the state. He said Canterbury told him he found no court action that would prohibit it. But after hearing Cheatham’s comments, Deem seemed to warm up to the idea of declaring the OPEB liability the state’s responsibility without making teachers and other school workers into state employees.

 

The speaker has similar ideas.

During the “Issues & Eggs Legislative Breakfast” held by the Charleston Regional Chamber of Commerce on Wednesday, House Speaker Rick Thompson, D-Wayne, also mentioned the two possibilities for relieving county school boards of the OPEB liability: making school employees into state employees or exercising the exception in GASB rules to allow the state to assume responsibility for the liability without changing anyone’s employment status.

Otherwise in regard to OPEB, Thompson said, “We have a lot of it and we don’t have any way to pay it right now.” He first wants to get an accurate estimate of how big the liability is and then figure out who is responsible for paying it.

“I don’t think there’s any clear answer how to pay for it,” Thompson said.


Editor’s Note: -- Jim Wallace is a former government reporter for the Charleston Daily Mail and former news director of West Virginia Public Radio. He now works for TSG Consulting in Charleston and writes for several national and West Virginia publications.

 


The West Virginia Board of Education voted Wednesday, January 13, to return some control of McDowell County Schools to the local board. The vote was based on recommendations by the Office of Education Performance Audits (OEPA).

“Good things have happened in McDowell County relative to gains in organization and accountability in the elementary curriculum,” said OEPA Executive Director Kenna Seal. “Compared to the November 2001 OEPA report, the situation in McDowell County is much improved but problems still remain in some areas.”

An OEPA review team, which conducted a follow-up audit in November 2009, found that McDowell County Schools made substantial progress in finance and curriculum development and the local board was working cooperatively in support of the schools. However, since deficiencies remain in personnel, facilities and policy development, those areas will remain under state control, according to a Department of Education press release.

The West Virginia Board of Education seized control of McDowell County Schools in 2001, citing low test scores, shoddy school buildings and large numbers of uncertified teachers. The state board immediately restricted the authority of the local board in the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional practices and rules.

Under state guidance, McDowell County has made major changes in curriculum and finances.  Advanced Placement classes have been added at all high schools, a new auditorium was dedicated at Mount View Middle/High School and technology improvements continue. The county also has opened a new elementary school and is building a new high school. Improvement plans also include intensive professional development to further enhance student performance, according to the Department press release.

“We are fine tuning the areas of concerns in McDowell County and honing in on areas that need additional support,” said state Superintendent Steve Paine. “Overall, we are very proud of the work done by the county board, the superintendent, teachers, students and parents in McDowell County.”

McDowell Board President’s Comments

In a prepared statement issued to The Legislature, County Board President Mike Mitchem said the McDowell Board had “deep appreciation for the process given to us in providing assistance to local boards when they are met with such overwhelming risk factors, such as extreme poverty and rugged local terrain." 

“We look forward to working with the State Board to achieve a future in which all children in West Virginia are provided an educational opportunity to achieve their personal career goals and become productive citizens."

"Through this process of assistance by the State Board of Education, we have gained access to more teacher training, new facilities and more knowledge on how to achieve our educational goals, even when faced overwhelming risk factors such as schools where 93 percent of children received free or reduced school meals.  We look forward to a brighter future for the children of McDowell County."

"We appreciate the training we received to prepare us to receive control of our system.  WVSBA Executive Director Howard O'Cull has been most helpful in this process and we appreciate his efforts."

Board has intervened in seven districts since 1992

Since 1992, the West Virginia Board of Education has intervened in seven districts: Grant, Hampshire, Lincoln, Logan, Mingo, McDowell and Preston counties. Control of Hampshire and Logan counties has been returned to their local board and partial control has been returned to Lincoln County.

Source: West Virginia Department of Education/West Virginia School Board Association reporting.

Mitchem is West Virginia School Board Association President-Elect.

 


The West Virginia Board of Education voted Wednesday to award $500,000 to 19 schools or consortiums in 16 counties seeking to become the state’s first School Innovation Zones. At least one school in all eight Regional Education Service Agencies (RESAs) was selected for funding.

The School Innovations Zones Act, adopted last year, encourages pilot projects at schools around the state. The law allows for waivers to certain state laws, rules and policies to give teachers and principals greater local control over the curriculum, schedule and staffing in their schools. Schools designated as Innovation Zones essentially become learning laboratories with the flexibility to try innovative teaching strategies.


The board approved funding for the following projects:

“Giving teachers the opportunity to make changes in their schools is an important step to implementing research-based 21st century teaching and learning, an essential component of West Virginia’s 21st century improvement plan called “Global21: Students deserve it. The world demands it,” said state Superintendent of Schools Steve Paine. “Innovation zones allow schools to adapt to changing times and embrace new ideas and new teaching strategies so that our children prosper in the global economy of the 21st century.”

Applications for funding were evaluated by a committee, which looked at many factors including creativity and innovation; staff commitment; parental and community support; sustainability; and potential for success.

To view the applications submitted by the 19 awardees visit: http://wvde.state.wv.us/innovationzones/awardsmap.html

To view all the applications considered visit: http://wvde.state.wv.us/innovationzones/espptdocs.html

For more information, contact Donna Peduto, Innovation Zones coordinator, at 304-558-3199, or the Office of Communications at 304-558-2699.

Source: West Virginia Department of Education 

 


The West Virginia Board of Education has voted to employ Gus Penix as Regional Education Service Agency IV Executive Director.

The state board had conducted a search for a new director following the retirement of Elmer Pritt.

Penix served as assistant executive director of RESA IV since 2004.  Prior to his work with RESA, Penix held several positions within the Nicholas County School System including county superintendent of schools.

He also served as superintendent of Preston County Schools in 2009 following state takeover.

RESA IV serves a six-county region. These counties are Braxton, Fayette, Greenbrier, Nicholas, Pocahontas and Webster.

There are eight RESAs throughout West Virginia. “Their mission is to provide high quality, cost effective, life-long education programs and services to students, schools, school systems and communities,” according to a State Board press release issued in December 2009.

For more information contact the West Virginia Department of Education Communications Office at 304.558.2699.

 

 

Administrative Perspective


By Martha Dean, Ed.D.

Hello to everyone and welcome to another year at the legislative session.  I attended the governor’s State of the State address Wednesday evening and heard several comments of disappointment from the participants. A couple of people said that they thought he was just about to unveil his plans for this year when he said, “And God bless the State of West Virginia,” and it was all over.

Jennifer Garner was a pleasant surprise to me.  I am glad to see that she is interested in children’s education in this state.  She has certainly done well for herself!

Things are still getting started so I don’t have a lot to report.

I thought it might be good to let everyone know the legislative priorities for this year for the West Virginia Association of School Administrators. We are printing up the brochures to pass out to all the delegates and senators at the beginning of next week. The membership adopted four items for our legislative priorities.  They are:

The change in the notification date for school personnel being considered for a reduction in force (RIF) or to be transferred to an earlier date has made school boards make decisions in personnel matters before adequate information is available. The date for notification should be changed from February to May of each year.

 

As the session gets further developed, we are very hopeful that we will be able to garner support from legislators for these issues. It is apparent that there is a lack of money to accomplish things that have a cost to them this year, so we will be concentrating on becoming more efficient along with other branches of government.

Martha Dean is executive director of the West Virginia Association of School Administrator. She is a former school superintendent and RESA executive director.



 

WVSBA Direct


The state Board of Education, meeting January 14, 2010, voted to approve appointment of a reconstituted committee whose function is to determine standards for county board member training, training programs, and verification of hours of training board members receive.

State Board approval of a revamped committee was required after the Legislature’s adoption of House Bill 3208 during the 2009 regular legislative session.

Prior to 2009, county board member training standards largely were determined by the West Virginia School Board Association with input from state Board of Education members.

Under terms of House Bill 3208, the training committee – commonly referred to as the TSRC – became an entity of the state Board of Education, although the School Board Association is largely responsible for providing county board member training subject to ultimate TSRC approval.

(The same applies to other county board member training vendors.)

The TSRC organizational meeting will be held February 3, 2010, at the Center for Professional Development (CPD) Offices in Charleston.

State Board member Gayle Manchin (Kanawha) chairs the committee which includes four county board members and one county board member alternate.

TSRC members include:


Association Executive Director Howard M. O’Cull, Ed.D., serves as Committee secretary.

The Committee was originally constituted in 1990 with the passage of then Governor Gaston Caperton’s education reform legislation.

TSRC meetings are open to the public.

If you would like to attend or need more information concerning the meeting, please contact O’Cull at his email address: hocull@wvsba.org or telephone 304.346.0571.

 

 

The West Virginia School Board Association’s 2010 Winter Conference program is being finalized. A tentative program is included below, as approved by the County Board Member Training Standards Review Committee (TSRC) late last fall.

The program included 7.00 clock hours training for county board members.

Tentative Program

West Virginia School Board Association
Winter Conference - February 19-20, 2010
Marriott Hotel/Charleston, W. Va.

Friday, February 19, 2010
10:45 a.m.   West Virginia School Board Association Executive Board
1:00 p.m. Charter Schools: Good, Bad, Indifferent Implications for West Virginia? – Includes Panel Discussion
(Refreshment Break Included)
2:45 p.m.  Apples/Apples – Oranges/Oranges: The ‘Whys’ of West Virginia’s School
Drop-out Rate – And Why County Boards Must Respond – Includes Panel Discussion
4:15 p.m. Break
6:00 p.m. Dinner (Provided)
7:15 p.m. Local School Improvement Councils: Nuisances or Worthy Educational Entities?
Pam Cain, Assistant State Superintendent
8:45 p.m.  Adjournment
   
Saturday, February 20, 2010
6:45 a.m.  Buffet Breakfast
8:00 a.m.  FY11 Annual Business Meeting
9:00 a.m. Readily Packed Suitcases, Commuter Campuses:  Realities of Secondary Education Preparedness and the Higher Education Experience in West Virginia (Includes presentations by higher education officials)
10:30 a.m. Break
10:45 a.m. Select One:
  • No Agenda Session
    Rick Olcott (Wood), WVSBA President, presenter

  • Legislative Briefing
    Howard M. O’Cull, Ed.D., WVSBA Executive Director, Presenter
11:45 a.m. Adjournment
   

*

In Memoriam


Teddy Thompson “Ted” Barr
August 20, 1928 – December 1, 2009

Mr. Barr was elected to the Cabell County Board of Education in 2000 and reelected in 2004 and 2008, serving as president. He was a member of the West Virginia School Board Association Executive Board and its Committee on Legislation.


Resources

 

 

 

By Debbie Gurtis

As the largest grassroots volunteer child advocacy association in the nation, the Parent Teacher Association (PTA) provides parents and families with a powerful voice to speak on behalf of every child while providing the best tools for parents to help their children be successful students.

PTAs have been helping principals and school administrators partner with parents, teachers, and school communities for more than a century. PTAs benefit everyone by addressing issues that are important to public school administrators, county board members and parents. 

Given the longevity and universal name recognition of our association, “PTA” is commonly used to describe all parent groups, whether or not they are actually affiliated with PTA.

We all strive for excellence, and that includes full funding for education and child-related programs, and quality teachers and schools, as well as opportunities for success through student achievement. Together, as partners, we are a powerful voice for children.

Given the longevity and universal name recognition of our association, “PTA” is commonly used to describe all parent groups, whether or not they are actually affiliated with PTA.  Parents, teachers, and even administrators are confused or unaware of the differences between PTA and other parent organizations. 

 

PTA was there first.

Simply put, PTA is the original parent group in schools influencing millions of parents, past and present, to get involved in their children’s education. PTA is a 501(c) (3) nonprofit, tax-exempt organization.  PTA gives parents what they want – a way to help their children succeed.  PTA gives school administrators what they want – the benefits and resources of a well-organized and productive parent group run by well-trained, empowered volunteers.

The PTA at the local level is linked to the West Virginia PTA and the national PTA, forming a nationwide network of members.  PTA works closely with associations and organizations concerned with the education and welfare of children.  In states and counties across the country, PTA is the one promoting parent involvement, helping school boards and parents come together with a mission to help ALL children achieve their potential.

The West Virginia PTA offers assistance and support to local PTAs in the form of training on topics such as leadership, bylaws, officer duties and responsibilities, public relations and marketing, programs, budgets and audits, advocacy, and membership.  We also offer information and program ideas through PTA publications (both electronic and hard copy).  To me, this is the main difference that sets PTA apart from other parent groups – the fact that there are “layers.” 


PTA offers resources from the local to the national level.

For example, if a local PTA has problems with an election, or a bylaws question, or an issue of missing funds, it can call or e-mail the state PTA office or any West Virginia PTA Board of Managers member and ask questions and request help. 

If we need further information or clarification on an issue, we can contact the national PTA for assistance.  Other parent groups are not a part of a state or national organization and are basically “on their own” to deal with situations.

Programs and resources offered by PTA include:

Are you aware of PTA’s rich history?  Because of PTA, our nation has:


It’s about advocacy.

PTAs are important in the legislative process as a source of volunteers to communicate the impact of potential legislative changes in the classroom and schools from a parent’s point of view.  Parent/family engagement, equity and opportunity for all children, child health and nutrition, and common core standards are PTA advocacy priorities. 

We need to be advocates at all levels – local, state and national – to ensure that all of our children have a safe, secure and healthy learning environment.  PTA’s advocacy resources can help support school administrators and school board members in their roles.

I am very passionate about PTA, and I believe very strongly in what PTA stands for and all that it does. 

I have been involved in PTA for almost 19 years in various positions on the local, county and state levels.  I am very passionate about PTA, and I believe very strongly in what PTA stands for and all that it does. 

I am a second-generation PTA member – my mom was very active in my elementary school’s PTA in Dayton, Ohio.  She instilled in me the importance of parental involvement, which I hope I have modeled for my daughter.

We welcome the opportunity to attend meetings, serve on statewide committees, and make presentations on PTA.  Please feel free to contact me directly at dgurtis@suddenlink.net or 304-428-5731.  You also can contact the state PTA office at wv_office@pta.org or 304-420-9576.

Debbie Gurtis is president of the West Virginia PTA.

 

 

By Tim Pauley

Capitol Commission seeks to serve and minister to all those working in the Capitol community.  One of the ways we seek to do this is by providing weekly Bible studies for legislators, elected officials, lobbyists, and staff serving in the Capitol.

These leaders often receive complaints, protests, and arguments. Capitol Commission seeks to provide encouragement and spiritual counsel.

We will hold a Bible study for lobbyists and staff each week during the regular legislative session. It will be held each Tuesday at noon in the Treasurer’s Conference Room (EB 54 in the basement of the east wing).

Please join us for the study if you have the opportunity.

 This session we will be studying “Treasuring God’s Word in the Capitol.” Throughout this series on Psalm 119 we will consider the importance and value of God’s Word and how we should seek to read it, study it, understand it, and apply to our daily lives.

 Copies of our study notes will be distributed each week. If you would like to receive a copy, please drop me an e-mail and I will add you to our e-mail list (tim.pauley@capitolcom.org).

 You may contact me concerning upcoming studies by calling 304.767.8430. My email address is tim.pauley@capitolcom.org  Capitol Commission’s Website address is www.capitolcom.org Our blog is www.prayercolumn.blogspot.com

Pauley  has served as state director of Capitol Commission since 2005. He said one of the organization’s goals is to expand the ministry to reach officials in courthouses, city halls, and other “places of leadership around the state.”

 

Commentary


By Rick Olcott

What a journey the last four years has been.

 It began in 2006 when the West Virginia Legislature passed legislation endorsing the Governmental Accounting Standards Board’s Statements 34 and 45.

 That decision in and of itself was an excellent strategy: To require government entities to manage their assets and liabilities, both short and long term, similar to private industries, is simply good business. 

Where the legislation became flawed was the redirection of the long-term liabilities onto legal entities without providing supporting financial streams. 

 

School boards saw the problem.

Almost four years ago, county board members nearly recognized the dark clouds looming with no funding streams, or acceptance of accountability by the government bodies that created it. 

With county board members being approached for vocalizing their concerns in 2007, proposed legislation not making it to committee in 2008, and Senate Bill 566 dying in committee in 2009, the general and special session legislative processes had failed in advance of Class I county school board accounting requirements for the liability. The harm had begun.

 As Class I counties, Kanawha, Cabell, and Wood were required to account for the 2007-2008 and 2008-2009 school years mid-year 2009.

Nearly $7.5 million was set aside, and financial decisions were made relative to programs and services as no resolution was in sight.

Forty-nine more boards are facing the accounting of three fiscal years by mid- 2010 on respective balance sheets, and the numbers are staggering. 

Forty-nine more boards are facing the accounting of three fiscal years by mid- 2010 on respective balance sheets, and the numbers are staggering. 

With invoices being sent monthly for fiscal year 2009-2010 to all local school systems at $761 per month per employee, the hundreds of millions of dollars flowing into short-term balance sheets spell financial disaster.

 

The Legislature must help.

Many county board members have appealed to respective state Senate and House of Delegates members for support. 

It is extremely important that legislators understand that the responsibility for not bankrupting 55 county school systems rests squarely on their shoulders:  The four-month task force of which I was a part was an endless replay of actuarial debates of whether “the number” is $4 billion, $6 billion, or $7.8 billion.
If different results are desired, you simply change the inputs, whether it is health care inflation rates, investment growth rates, death rates, or other demographic data related to plan participants. 

If different results are desired, you simply change the inputs, whether it is health care inflation rates, investment growth rates, death rates, or other demographic data related to plan participants. 

The number is quite large, and it is a fact that invoices are flowing to local county boards from PEIA based on the larger estimates. 

 The task force’s 2009 November special legislative session intent was simply a good faith attempt to enable the Legislature to demonstrate a first step in putting a tourniquet on a hemorrhaging wound for this fiscal year. 

It was no long-term solution, and all involved with the task force understood the proposal by the governor.

 

Lack of action could have consequences for a long time.

 This Legislature, if nothing is done to resolve the situation, will leave the legacy of creating a devastating and far-reaching negative impact on all citizens in West Virginia.  What a horrible message to send to our children.

 The accountability for the liability must be placed appropriately on the entity that not only created it but that also has the financial means and long-term authority for obtaining its resolution. The solution will not be easy, and it is understood that the 1.8 million West Virginia citizens simply cannot afford as a state what has been promised over the last two to three decades.
 
Whether the long-term solution is increased funding, reductions in expenses, or a combination thereof, difficult decisions must be made. 

Whether the long-term solution is increased funding, reductions in expenses, or a combination thereof, difficult decisions must be made. 

As county board members, each of us were elected to take care of our local school systems financially, respective staffs, and most importantly, the integrity of the education process for our children.
 
Fifty counties have now joined together in support of litigation to resolve the accountability. County school boards’ spending taxpayer dollars that were intended for our children to deal with something that should have been resolved legislatively is very disappointing and inappropriate. 

The 30-day letter of intent to file the lawsuit was forwarded Dec. 18, 2009.

 

We must make progress.

From my perspective, and I speak only as one county board member of 50 counties involved, it is important that we continue to move forward until one of two results are attained. 

We must have legislation signed by the governor relieving local school systems of this unfunded burden or a judgment in a court of law. Like us, the legislators will answer for what will occur in the coming weeks and months. Our citizens deserve better from their elected officials.
 
It is time to do the right thing. It is time to take care of our future. It is time to take care of our kids before any further harm is done. OPEB – Other Post Employment Benefits that are simply Overwhelming Promises Endangering Boards.

Rick Olcott is West Virginia School Board Association president. He is also president of the Wood County Board of Education. His preferred contact information is: olcottrl@suddenlink.net

 

Legislative Record

“The less people know about how sausage and laws are made, the better they'll sleep at night” – Attributed to Otto von Bismarck (1815-1898), Prussian prime minister.


1st  Day - January 13, 2010: First day of session. (WV Const. Art. VI, §18)

20th  Day - February 1, 2010: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

41st  Day - February 22, 2010: Last day to introduce bills in the Senate and the House. (Senate Rule 14), (House Rule 91a) Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.

47th  Day - February 28, 2010: Bills due out of committees in house of origin to ensure three full days for readings.

50th  Day - March 3, 2010: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

60th Day - March 13, 2010: Adjournment at Midnight. (WV Const. Art. VI, §22)

 

ETC.

 

 

 


Due to his long hair, Mesquite Independent School District student Taylor Pugh will have to remain in a school library and receive instruction from a school aide. 

That’s been the case since last November.  

Earlier in the week, district officials rejected a request for an exemption from its dress code policy, saying it would allow the student to return to class if he wore his hair in braids.

Parents rejected that offer saying braids take too long and that Taylor cried when they tried them earlier because he said they hurt. He went to school Tuesday morning with his hair in a ponytail, his mother said. But a ponytail also is a violation of the district's dress code.

The parents said Monday night that they will continue to fight the dress code and let Taylor continue school in the library.

 Source: http://mesquiteblog.dallasnews.com/archives/2010/01/mesquite-school-districts-e-ma.html

 


“Every ass loves to hear himself bray” – English Proverb

“A minimum of sound to a maximum of sense.” – Mark Twain, a master of pith (1835 – 1910) American author and humorist

“We’ll show you everything we’ve done and why we’ve done it. We have to be careful about what we present [about OPEB].” – Sen. Brooks McCabe

“We’ve got to get out of the ‘blame game.’” – State Board of Education President Priscilla Haden (Kanawha) discussing a recent national report which says West Virginia is 49th in student achievement.

“I am asking you to pass a bill that guarantees that every county is able to comply with this law and provide 180 days of instruction. And we must pass this, because it is that important. No excuses, we owe it to our children.” – Gov. Manchin

 “The best way to improve the chances for lifelong success of children who live in poverty is to ensure they have the same education opportunities as other children. In West Virginia, 49 percent of low-income fourth-graders read below grade level, and research shows that children who score below grade level at this age are unlikely to ever catch up. This creates a lifelong deficit that is rarely overcome.” – Gov. Manchin

“It’s a cycle that has to be broken in a strong, decisive way.” – Jennifer Garner

“This is not the way to treat the kids and our local school systems.” – Rick Olcott

“I don’t think there’s any clear answer how to pay for it.” – Speaker Rick Thompson

 

Last Word

“The wide world is all about you; you can fence yourselves in, but you cannot fence it out.” – J. R. R. Tolkien (1892-1973), British writer and author of the richly inventive epic fantasy, The Lord of the Rings.


By Tim McClung

West Virginians for Education Reform (WVER) is proposing legislation that will allow the creation of new autonomous public schools. 

Our proposal establishes processes for creating new, autonomous public schools “from scratch” and through conversion. 

Our goal is that these processes parallel those created by the best of the “chartered school” laws enacted by states since 1991, including fixed-term, performance-based contracts and funding equity relative to traditionally-governed district schools. 


New schools could be inside or outside districts.

It is our hope that the legislation will allow such schools to be created inside or outside districts with full autonomy over employment, finances, curriculum and other factors that define and distinguish each school. 

We would like to see the law allow school districts, unions, teachers, citizens and other public and private organizations to initiate and carry out the creation of new public autonomous schools. The law would give such schools control over the selection and de-selection of their teachers and other employees, including schools that are operated under district or site-specific union contracts.

The law also would encourage and support the creation of new schools that develop and use innovative teaching and learning methods, governance models and other features not now widely available.  

Lastly, we envision that the law will provide for a variety of authorizers of such schools, district and non-district.

Any version of a public charter school bill that is passed in the 2010 session will encourage and enable West Virginia school districts to authorize new, innovative autonomous public schools. 


Competition would be encouraged.

West Virginians for Education Reform also proposes that other entities, such as institutions of higher education, community colleges or organizations whose only purpose is to authorize and oversee innovative new public schools, should be allowed to do so.  

If such is the case, school districts will be competing with other authorizers for charter school applicants, talent and resources.

Obviously, it will be critical to making the charter school concept work in their communities to have district authorizers who have: a clear understanding of their oversight role and its distinctions from traditional public bureau management; knowledge of new learning models needed, available and possible; and a willingness, capacity and ability to perform appropriate and effective school approval and oversight.

Frankly, not all school districts may want to commit the human and financial resources to be charter school authorizers as new school creation requires an organizational area for innovation with characteristics adept to the processes of exploring, cultivating and developing ideas – a school incubator. 

Changing the architecture of the district will be disconcerting to some, exciting to others. There will be many ideas, interested parties and issues as districts turn toward creating new autonomous public schools as a strategy for improvement.


Central administration would be less important.

School design and oversight will take precedence over central administration and planning as the district authorizer commits to entrusting public dollars and public school students to the independent governing board of the new school. 

The National Association of Charter School Authorizers (NACSA) states that a quality authorizer “negotiates contracts with charter schools that clearly articulate the rights and responsibilities of each party regarding school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences and other material terms.”

Because the quality of the authorizer is what makes school-based autonomy and accountability real, West Virginians for Education Reform’s proposed legislation requires any entity that is interested in becoming a charter school authorizer to submit an application detailing its plans to support its strategic vision for chartering. 

County boards wanting to become “authorizers” must embrace chartering as a strategic delivery system option to better serve all students, encourage educators and others to bring forward proposals for new and innovative schools, and create educational choices within the districts for parents and students. 


Boards must meet several requirements.

Quality “authorizing” by school boards requires a clear understanding of what is intended by the “charter school idea” and chartering.  That idea is often expressed as “charter school autonomy in exchange for accountability.”  At a minimum, it includes the following:

When planning for a new charter school, developers and district officials should consider the funding options and arrangements as critical for the success of the school. 

West Virginians for Education Reform’s proposed legislation requires that the charter (“contract”) between the county board (“authorizer”) and the charter school specify the amount to be paid to the charter school during each school year of the contract. 


Funding levels should be even.

Because the district-authorized charter school is serving district students, a good argument can be made that the district should fund the charter school at the same amount that it funds comparable non-chartered schools in the district.

In addition to the school’s base-level of support, other financial issues, including the school’s budget, any “buyback” charges for special services, and audits, are important to understand and explore in the chartering process. 

The National Association of Charter School Authorizers defines the role of an “authorizer” in the following manner:  “A quality authorizer engages in the responsible oversight of charter schools by ensuring that schools have both the autonomy to which they are entitled and the public accountability for which they are responsible.”

“Authorizers” are the public bodies charged with licensing, overseeing, and deciding whether to renew an individual public school charter. These responsibilities are all central to the authorizers’ role in guiding the public charter school development process.
Although “authorizers” may don many hats, one of their primary functions is to implement a rigorous application process that allows promising schools to be created. 

In October 2009, The National Association of Charter School Authorizers released an updated version of The Principles and Standards for Quality Charter School Authorizing that “focuses on the ends that authorizers should be aiming to attain in creating and upholding high expectations for the schools they charter while recognizing that there are many means of getting there.” This is an excellent guide for reference as school districts consider their new role as quality charter school authorizers. It is available at:   http://www.qualitycharters.org/files/public/Principles_and_Standards_2009.pdf.

West Virginians for Education Reform expects many discussions about our proposed public charter school bill.  Our primary focus is on autonomy for accountability and the quality and strength of our state’s “chartering authorizers” and the role of school districts in West Virginia’s chartering development process.

Please send me an e-mail if you have any questions or if I can provide any additional information.
Tim McClung is community leader of West Virginians for Education Reform. His preferred contact information is: tim@wvedreform.com by e-mail or 304-610-9150 by telephone.

 

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The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

West Virginia School Board Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Rick Olcott (Wood), President

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

Vincit omnia veritas
“Truth conquers all”