WVSBA The Legislature

January 18, 2008 - Volume 28 / Issue 3

Overview Info

Stats

Day of 2008 Regular Session 10th
Days Remaining 50
Bills Introduced:
(Including 629 House carryover bills)
967

 

Quote:“We’re beating drivers’ licenses to death…”- a member of a House Education Subcommittee discussing Gov. Joe Manchin’s proposal to tie driver’s license acquisition and retention to academic performance. The subcommittee later voted to defer action on the legislation until next week.

Inside


News


By leveraging $19 million in excess lottery funds the School Building Authority of West Virginia receives annually, the state can begin a comprehensive, on-going school facilities construction plan, SBA Executive Director Mark Manchin, Ed.D., told the Senate Education Committee Tuesday, Jan. 15.

 Manchin said the first round of bond sales should generate about $102.3 million for school facility needs. These moneys would be distributed by SBA “discretion” over a three-year period, with another scheduled bonding initiative in 2011 to generate another $101 million for bonding. The bonds would be amortized over a 20-year period.

Commitment of these dollars would address a 2000  estimate of $1.71 billion in county-identified school facility needs. That figure amounts to about one-third of the state’s current budget. 

Manchin said these efforts would provide about $204 million of school facilities over the six-year period between now and 2014. He reiterated the bonding initiative would allow the state to “access funds on a regular basis” for school facility needs.

The $19 million is currently utilized for “Paygo” – Pay-as-you-go – construction.

In addition to the $19 million proposed to finance the bonding proposal, the authority also receives $18 million in regular lottery funds which is dedicated to 2004 bonds. The authority also receives $23 million yearly for debt service.


Building authority encouraging county boards to raise local funds

The SBA executive director also told SEC members the Manchin administration is looking for some “leverage at the local level,” meaning county boards of education would be encouraged to pass bonds to access authority funds – a current SBA stance.

By “combining” SBA dollars with local funds, school systems can greatly enhance efforts to address school building needs.

“Paygo” means of providing dollars for specific projects is based on a mid-1990s state Supreme Court case which said the SBA itself had no actual bonding authority, but the Legislature could authorize the SBA to sell bonds underwritten by state budget general revenue sources, including sales tax revenues and Video Lottery profits. 

The Manchin administration bill has not been introduced.


Most county boards have submitted safety plans

In discussing other issues, Manchin said 49 of 55 county boards of education had submitted School Access Safety Plans. The remaining county boards provided details as to when their plans would be submitted -- most by the end of the month, based on an SBA handout provided senators.

He also said SBA staff members are reviewing eight county boards plans and they would require “some modifications,” most of which were minor, according to Sherry Grogg, an SBA official with the Office of Architectural Services.

As part of the School Access Safety Act enacted last year, $10 million was set aside for school security measures. County boards were to provide 15 percent in matching funds to receive the money. The total spent to date on SASA projects is about $8 million allocated state funds and $759,300 in local funds, with counties having up to six months beyond the current fiscal year to complete projects, based on provisions of the 2007 legislation contained in Senate Bill 67.

When asked by Sen.  Mike Green, D-Raleigh, if county boards not having submitted plans were being “derelict,” Manchin said, “I don’t think that it’s dereliction. I don’t know that it’s dereliction -- Just simply (county superintendents) have got to be prioritizing (SASA plans) a little higher. All of them (county superintendents) recognize how important it (SASA) is. It’s just getting to it.”

As a former superintendent, the Manchin said he realized how difficult superintendents often find new programs, given other issues they must deal with.

Regarding a question which arose last year, Manchin said the SBA has concluded a safety plan along the lines outlined in SB67 is “required,” but that SASA plans don’t require county boards to use SBA funds to implement these plans.


Limiting access to schools termed unique approach to safety

In terms of security “devices,” Manchin reiterated that SASA plans concentrate on school ingress and egress rather than security devices such as cameras and metal detectors. In answer to a question by Sen. Erik Wells, D-Kanawha, Manchin said “the access part us is what makes what we are doing unique” in the nation.

He said in contemplating the legislation last year – and in seeking additional funding for FY09 the key was access. “What we looked at -- the highest priority we looked at -- was restricting access to buildings. That had to be the highest priority.”

He added conventional school security devices often are good “after-the-fact” in terms of school security breaches, but that “cameras, although they are important, aren’t the first priority” because they don’t address initial access to buildings by persons who may wish to do harm to students, employees and others.

Given this approach, Manchin said most county boards are using SASA funds to add workable locks to doors. He said a high school in one county had more than 100 doors and more than 70 could not be locked.

Senators voiced support for the SASA program although acknowledging it was controversial last year:  “This has been a tremendous success,” said SEC Vice Chairman Larry Edgell, D-Wetzel.

He also said the program had been implemented with a “relatively small amount of money.”

When deliberating on Senate Bill 67 last year, some legislators considered the original 50 percent match for boards to receive SASA funds as an “unfunded mandate.” The Legislature eventually reduced the matching percentage to 15 percent, establishing a “hardship provision” for county boards contending they couldn’t secure the matching dollars.

Manchin said no county board had used the hardship provision.

Manchin is a former county schools superintendent, having served in Webster and McDowell Counties. He is a former state senator and also worked as an official at Regional Service Agency (RESA) III in Dunbar.

Sources: West Virginia School Board Association reporting and SBA staff.



Meeting for about 30 minutes, a House of Delegates education subcommittee voted to defer action on the governor’s proposal that passing grades – 2.0 average – be a prerequisite for teenagers seeking to obtain and keep a driver’s license. 

The state already suspends driver’s licenses of teenagers who drop out of school. The proposed program would work along similar lines, according to Manchin administration spokespersons.

Students would be required to show proof of at least a 2.0 grade point average along with school attendance when applying for licenses. If they drop below a “C” average, school officials would be responsible for notifying the state Division of Motor Vehicles which would suspend the license.

According to news media accounts, the DMV suspends licenses of 850 to 1,000 people annually because they drop out of school.


Questions raised about increased paperwork

Members of the subcommittee raised questions about the bill, especially in terms of paperwork, additional administrative hearings, enforcement issues and student privacy concerns. Del. Larry A. Williams, D-Preston, a member of the House Education Committee, is subcommittee chairman.

One subcommittee member said, in terms of enforcement, the bill would “create a new class of criminals.”

Each subcommittee member seemed to think loss of a student driver’s license should be tied to classroom disciplinary infractions or misbehavior rather than academic performance per se – a point also made by several education groups’ representatives who spoke about the bill, House Bill 4023 (same as Senate Bill 205), They represented the West Virginia Education Association, the state School Board Association, the Association of School Administrators and the state Association of Elementary and Secondary School Principals.

In terms of substantive review of the bill, HEC analyst David Mohr told subcommittee members there may be questions concerning release of student grades to determine academic achievement – a position Department of Education attorneys also seem to be taking. Mohr said parents might be asked to sign a form to release academic achievement information. He said the same might apply to special needs students.


Primary concerns relate to enforcement

Another subcommittee concern relates to students who acquire a General Education Development (GED) degrees. Some subcommittee members were concerned that students getting GEDs aren’t given “grades.” Thus, they might not meet the bill’s academic standards provisions even though receiving the GED. A question becomes, would these students – if successfully acquiring the GED degree – still be considered as having academic deficiency in that GED success doesn’t equate to “grades” per se?

A primary subcommittee concern related to enforcement. Some members said students will drive anyway if licensees are suspended for academic or attendance reasons and that the bill might force students to have to forego jobs for which they need transportation.

Others see the measure as having long-term impact on students. Del. Ruth Rowan, R-Hampshire, said she had spoken to a parent whose child does not do well academically.  “(The parent said) There’s no way he’s going to make a 2.0 (average). He won’t be going to college, but he might make a good mechanic,” according to Rowan.


Effect on students concern

Other subcommittee members, including Louis Gall, D-Raleigh, questioned whether some students can make a 2.0 average and the bill’s probable effect on them. He said, “How can you hold a kid back and take his driver’s license if he does not have a 2.0 average or can’t get that?”

Del. Jeff Tansill, R-Taylor, was one of several subcommittee members concerned about additional paperwork, especially for school counselors, attendance directors and county superintendents or designees who would have to conduct hearings relating to academic achievement.

In his research, Williams said very few students in the district he surveyed would be affected by the bill. He said he discussed the issue with principals in his own district and in Eastern Panhandle and Central West Virginia. “It’s in the high teens (percentage of students having less than a 2.0 average).”  Del. Tansill also made that point, saying about 16 students would be affected at a high school in his district.

The measure was first discussed by the HEC Tuesday in a presentation by Mohr. Many of the same questions were posed by committee members then, with one legislator arguing the bill amounted to an “unfunded mandate.”

 Williams said the subcommittee will likely meet one more time and then make a recommendation to the full HEC.

Sources: WVSBA reporting and The Associated Press which provided statistics relating to license suspensions.

 


Two education groups say West Virginia schools need "discipline without delay."

The American Federation of Teachers-West Virginia and the state School Service Personnel Association released survey results Wednesday at the State Capitol concerning school discipline problems.

AFT-WV President Judy Hale said teachers and school service personnel were asked discipline questions in a scientific survey last fall. She said more than 30 percent of respondents said disruptions are taking away as much as a day a week from the education process.

Hale said teachers are more concerned about constant disruptions than about school safety issues many people talk about.

She said discipline problems go unreported because administrators do not want to get on the bad side of "No Child Left Behind" program.

AFT-WV President Judy Hale said teachers and school service personnel were asked discipline questions in a scientific survey last fall. She said more than 30 percent of respondents said disruptions are taking away as much as a day a week from the education process.

"No superintendent, county board and principal want their school tagged as persistently dangerous," she said. "These students pick up on that very, very quickly and it has escalated a great deal in the last three years."

Bob Brown, West Virginia School Service Personnel Association executive secretary, said 56 percent of the survey respondents said discipline has gotten worse. Brown said teachers and service personnel want stronger leadership from the school office.

"The overwhelming majority of school employees really don't believe they are getting support at the top," he said.

Brown said the Legislature should create more opportunities for alternative placement of troubled students. He said it would be a good idea to hire extra personnel to be in charge of those students in what are now empty classrooms in school buildings across the state.

Of those surveyed, 83 percent agreed there needs to be stronger discipline policies or better enforcement.

The problems extend beyond the classroom, officials said.

“It’s also a problem on our school buses, in our cafeteria and in our hallways,” Brown said.

Hale said federal law also leads to weak reporting of a school’s discipline problems.

Hale and Brown, quoted in a Charleston Gazette article, said they have union leaders who have recommendations for dealing with the issues: Students should be exposed to a bill of rights and responsibilities that outlines what is expected of them; State lawmakers should urge or require local school districts to conduct at least two town hall-style meetings a year to draw solutions from parents, students, school employees and others.

Also, the unions want principals and school administrators held accountable if they fail to follow the law regarding student discipline. Teachers and service workers would have oversight of a principal’s performance.

Bob Brown, West Virginia School Service Personnel Association executive secretary, said 56 percent of the survey respondents said discipline has gotten worse. Brown said teachers and service personnel want stronger leadership from the school office."The overwhelming majority of school employees really don't believe they are getting support at the top," he said.


In place of habitual, off-and-on suspensions for disruptive students, the unions want more alternative schools or placement options to help correct a student’s behavior problems.

With the last recommendation, Hale asked lawmakers to dedicate some new money.

In a related development, Gov. Joe Manchin noted in his State of the State address that he wants a commission to determine how best to correct school discipline problems.

Lara Ramsburg, a spokeswoman for Manchin, said the commission would have one main objective: “How do we change [the situation] to be the most effective and really make a difference?”

The commission also would look at new alternative settings, which Manchin said last he supported last year.

In November, he heard directly from teachers at an education forum at the Charleston Civic Center. Teachers from across the state sounded off about their dangerous classrooms and failed discipline policies.

Sources: The Charleston Gazette, MetroNews, WVSBA reporting

 


A bill that would make West Virginia schools free of soft drinks and sugar-laden snacks has been momentarily put aside by a key legislative committee.

The House Health and Human Resources Committee voted Wednesday to delay action until members could each get a copy of a report on school nutrition by the National Institutes of Health.

When the bill is considered again, the committee will decide on an amendment to allow schools to sell soft drinks and snacks outside school days.

Currently, 26 counties either have adopted similar guidelines or have voted to do so. The goal is to improve the health of West Virginia children, especially regarding obesity and dental care.

Source: The Associated Press

 


West Virginia is celebrating the life of Martin Luther King Jr. with a variety of activities across the state.

Activities in Charleston begin at 11 a.m. Saturday, Jan. 19, as state Superintendent of Schools Steve Paine presides over the annual awards luncheon at the Cultural Center. Winners of the Project on Racism essay and poster contests will be recognized along with Living the Dream award honorees. Dr. Hazo Carter, chairman of the Martin Luther King Jr. Holiday Commission and president of West Virginia State University also will participate. The Capitol Gala will begin at 7 p.m. at the Cultural Center.

Celebration activities continue at 10 a.m. Monday, Jan. 21, with an ecumenical service at the Asbury United Methodist Church at Elizabeth Street in Charleston. The service will be followed by a symbolic march to the Capitol Complex for a bell ringing ceremony at the Liberty Bell on the Capitol North Portico at noon. A reception will follow at the Cultural Center.

Student winners to be recognized are Claire-Elizabeth Ford, Gerrardstown; Marquise Dunn, Wheeling; Hailey Sirbaugh, Martinsburg; Michael Mills, Princeton; Savannah Austen, Wheeling; Madelyne Barnett, Hometown; Katrina Stewart, Elm Grove; Charnequia Brooks, Huntington; Laura Marsh, Sherrard; Katee Conaway, Saint. Marys; Matthew Leo, Wheeling; Brittany Shields, Clarksburg; Courtney Welch, Ansted; Marguerite Kemp-Shelton, Lewisburg; Mariah Lynn Dawson, Blacksville; Keniston Grizzell, Upton; Aaron McCallister, Upton; Riley Adkins, Delbarton; Stephen Justice, Delbarton; Iwan Wasiljew, Ashton; Tiana Warner, Keyser; Jonah Coleman, Delbarton; Robert W. Crank II, Ashton; and Savannah Marr, Mason.

Individuals being honored for their contributions to human and civil rights, scholarship and other areas are High Rocks for Girls, Hillsboro; John David, Connie Park Rice, Roslyn Clark-Artis; and the Rev. Lloyd Allan Hill.

Attendance to events is free and open to the public. More information is available by contacting Martin Luther King Jr. Holiday Commission at (304) 558-0162.

Source: West Virginia Department of Education.

 


The Claude Worthington Benedum Foundation has awarded the West Virginia Department of Education $105,250 to promote the importance or good oral health and deliver quality oral health educational programs to schools and country school wellness councils.


State leads nation in adults who have teeth pulled due to poor dental care

West Virginia leads the nation in the percentage of adults who have had at least one permanent tooth pulled because of infection or decay and the percentage of adults 65 and older with no teeth. Such problems often are the result of poor dental care as children.

According to the Centers for Disease Control, 61.4 percent of West Virginia adults visited dentists in 2006, down from 62.5 percent in 2004. The state ranks 47th with only three states reporting fewer visits: Oklahoma, Mississippi and Arkansas. Statistics also show children with parents who go to the dentist are more likely to receive dental care because adults are the ones who make appointments.


Department of Education plans to award grants to school wellness councils

The Department of Education plans to award mini-grants to school wellness councils and provide professional development opportunities for educators.

The Pittsburgh-based Claude Worthington Benedum Foundation is an independent foundation established in 1944 by West Virginia natives Michael and Sarah Benedum.

More information is available from WVDE Office of Communications (304) 558-2699.

Source: West Virginia Department of Education.


Administrative Perspective


By Martha Dean, Ed.D.

The first week of the Legislature saw a number of bills being introduced and the first meetings of the Senate and House Education Committees. At the first meeting of the House Education Committee, some legislation was discussed, but it was mostly organizational details.

Tuesday, Jan. 15, the House Education Committee heard budget proposals from both Brian Noland, Ph.D., chancellor of the Higher Education Policy Commission, and James Skidmore, Ph.D., chancellor for Community and Technical College Education.

Noland highlighted the status of higher education in the Mountain State. Enrollment this year was more than 87,000 students and it has increased 10.2 percent over the past five years. But, the trend is high school graduates in West Virginia are declining.

The HEPC chancellor noted the percentage of high school graduates who attend college right out of high school needs to increase or the colleges will have to increase the number of out-of-state students or face declining enrollments. He reported that 45 percent of students who start to college graduate within six years and acknowledged the college graduation rate in the state must improve.

The HEPC chancellor noted the percentage of high school graduates who attend college right out of high school needs to increase or the colleges will have to increase the number of out-of-state students or face declining enrollments. He reported that 45 percent of students who start to college graduate within six years and acknowledged the college graduation rate in the state must improve.

Because this was a presentation about the requested budget, he outlined the past practice which includes an increase in tuition and fees over the past several years. Even though these have increased by 94 percent, West Virginia is still a low-fee state and is ranked 12th out of 16 states in the Southern Region Education Board district. 

Students now paying more of college cost

Support has shifted from the state to the students since 2000. The percentage has shifted from being $58 out of every $100 coming from the state allocation to $58 out of every $100 coming from tuition and fees collection.

Noland is asking for $168 Million to fund a 3.5 percent raise for faculty and staff. Even with increases provided in recent years, West Virginia still ranks the lowest in the SREB states as 16th out of 16 states.



Noland responded to questions after his presentation. There were several questions, but Del. Lynwood “Woody” Ireland’s, R-Ritchie, question got right to a point others have discussed in previous years. He asked if 50 percent of freshmen students are from out-of-state, should not out-of-state tuition be increased? The chancellor’s response was that out-of-state tuition is set to pay the full cost of instruction rather than relying on taxes to pay part for out-of-state students.  But, added, “Yes, it is a bargain for out-of-state students.”

Senate Education Committee also met Tuesday. After taking appointing some subcommittee members, there was a presentation by Mark Manchin, Ed.D., School Building Authority of West Virginia executive director. The first aspect of his report was to outline the accomplishments across the state relevant to the School Access Safety Act. To date, 49 plans have been received, 41 have been approved and six counties have not submitted plans. Some senators expressed concern some plans have not been submitted, but Dr. Manchin indicated he personally contacted all of those counties and that every county has given him a specific date they would submit their plan.

There was some discussion regarding what had been approved and what had not. Manchin emphasized the emphasis of the act had been safe access to buildings rather than technology. Most counties have either improved their schools’ locking systems or added security of having someone assigned to view who was seeking entry before unlocking the door. 


School safety plan emphasizes school access

He said some counties had not been able to secure either exterior or interior doors and that several had used the funds to correct that.

Manchin was questioned whether other states are funding similar programs. He said several states had placed an emphasis on building safety, but to his knowledge West Virginia is the first state to support access control as a statewide initiative. He was questioned about compliance with state fire marshal regulations. His said the fire marshal had contributed to plans developed by the committee and agreed with its specifications.

The other part of Manchin’s presentation focused on a request to the Legislature for authorization to sell bonds to provide additional revenue to build and improve schools. 

Manchin was questioned whether other states are funding similar programs. He said several states had placed an emphasis on building safety, but to his knowledge West Virginia is the first state to support access control as a statewide initiative.

To date, $1.1 Billion has been spent on facility improvement through the School Building Authority. The 2008 requests from 42 counties totaled $256 Million, but there was only $50 Million available for distribution. 

As a result, the authority has delayed the funding cycle to ascertain if the Legislature is agreeable to another bond sale to provide additional money to fund more projects. The most recent analysis of school facilities identified more than $1.71 billion in critical construction needs. It is very important for West Virginia to ensure student safety and well-being and to facilitate the delivery of a 21st Century curriculum, he said.

Every 10 years each county must submit a Comprehensive Educational Facilities Plan (CEFP) which outlines anticipated construction needs according to population projections and the age and usability of buildings. In 2000, the total needs for construction for all schools/counties in the state was $1.7 billion. The estimate for the 2010 CEFP anticipated needs for school construction is 2.5 billion to 3 billion dollars. This indicates a need for the state to try to get additional dollars now because cost of construction is growing annually and schools can be built now cheaper than in the future.

Manchin’s proposal would anticipate a bond sale every three years with the available funds divided among the three-year intervals. This approach would mean the SBA would have more than $79 million to distribute in 2008 in varying amounts according to the results of the bond sales and other revenue. Lottery proceeds would be designated to be used to pay the bond debt.



Martha Dean is executive director of the West Virginia Association of School Administrators.

 

WVSBA Briefs


Dear Fellow Board of Education Members:

I plan to file as a candidate for the Monongalia County Commission Jan. 23, 2008. Thus, as specified by state law, I will be resigning from the Monongalia County Board of Education.

My candidacy for the county commission also will necessitate my resignation from the West Virginia School Board Association (WVSBA). I have truly enjoyed serving for many years as an Executive Board member and currently as WVSBA president-elect.

Best wishes to all of you as you work diligently to provide a quality education for all children in our state. Please feel free to call upon me if I can ever be of assistance.

 


Friday, Feb. 22

1 p.m. “The School Aid Formula: Past, Present, Future Considerations”


Presenter: Cal Kent, vice president for business and economic research at Marshall University

Panel Discussion: Representatives of county boards, superintendents, legislators, school business officials, etc.)

Question/Comment Period

Concluding Remarks

(Refreshment break 2:30-2:50 p.m.)


4:15 p.m. Adjournment


7 p.m. Participant  Discussions

Session I: General Topics

Session II: 2008 Legislation


Saturday, Feb. 23

7 a.m. Breakfast


8 a.m. Annual Business Meeting


9 a.m. West Virginia Board of Education Nutrition Policies/School Health

Policies:  Barbara Fish (Wood), WVBE member, and Sally Cann (Harrison), WVSBA president
10:15 a.m.-Noon West Virginia Ethics Commission Rulings Regarding “Delegations”/Meetings Management


Role-Playing Exercise: Howard E. Seufer Jr. of Bowles, Rice, McDavid, Graff & Love, WVSBA Counsel; and Lewis Brewer, executive director of West Virginia Ethics Commission

Noon Adjournment


Resources


A new, non-profit organization for the state of West Virginia has been formed. It is STEP UP, Inc. -- “Stop Teacher Exodus Please, United Parents.” 

STEP UP is a highly motivated organization consisting of parents and guardians, educators, concerned citizens and community leaders from the state. They are extremely concerned about critical issues crippling the West Virginia education system. 

STEP UP was founded and incorporated in 2007. Since its inception, STEP UP has been invited to address the West Virginia Joint Committee on Education and Finance during their interim legislative hearings. STEP UP has made numerous presentations and participated in discussions with news media members, the Jefferson County League of Women Voters, school boards and Parent Teacher Associations. 

During 2007, STEP UP focused on the issue of highly qualified teachers and teacher salaries in West Virginia in response to the WV DoE 2005-2006 school year data. That data showed an astounding 78.8 percent of vacant educator positions were not filled due to the lack of qualified applicants. STEP UP is concerned about this finding. This is not only a huge disservice to present and future students in West Virginia, but it could have long-term implications unless we take immediate action to improve the work environment by compensating and retaining our best teachers.

To increase awareness of this critical issue and STEP UP participation, the organization will send brochures to all 55 county superintendents. It is hoped brochures will be shared with the citizens who may be interested in joining this group to achieve a high quality education for all state students. We also invite you to look at the STEP UP website at www.wvstepup.org. Please do not hesitate to contact us at wvstepup@aol.com if you have questions or concerns, and/or you need additional brochures. 

Prepared by Stacey Cheney (Berkeley), STEP UP Co-chairwoman. Sandy Collier (Jefferson) serves as co-chairwoman.  

 


WV PTA president-elect


The West Virginia Congress of Parents and Teachers Inc., WV PTA, is seeking help in promoting what the organization does.

It is a non-profit volunteer child advocacy association working for the children of West Virginia since 1923.

PTA is for everyone -- parents, students, teachers, neighbors, grandparents, businesses, administrators and any person who cares about the education, health, welfare and safety of allchildren.

WV PTA is governed by a board of managers of five elected officers, eight regional directors, membership coordinator, parent involvement coordinator, convention coordinator, cultural arts/reflections coordinator, honorary life/scholarship chairman, youth member and six county council presidents.

WV PTA needs your help. We need to promote PTA and let others know all school organizations are not alike.

By being a member of PTA you are doing more for the children of West Virginia and the nation than you know. You give the association a voice and the ability to provide services children need.

Indeed, our slogan is every child, one voice.

More information on starting a PTA and obtaining a membership is available by contacting WV PTA at wv_office@pta.org You also may contact the West Virginia Congress of Parents and Teachers Inc., P.O. Box 3557, Parkersburg, WV 26103-3557 or telephone 304.420.9576.

 

 

√ First Day - Jan. 9, 2008: First day of session. (WV Const. Art. VI, §18)

20th Day – Jan. 28, 2008: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

41st Day – Feb. 18, 2008: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14) Does not apply to Senate resolutions or concurrent resolutions.

45th Day – Feb. 22, 2008: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. (House Rule 91a) Does not apply to House resolutions or concurrent resolutions.

47th Day – Feb. 24, 2008: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day – Feb. 27, 2008: 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 8, 2008: Adjournment at Midnight. (WV Const. Art. VI, §22)

Source: West Virginia Legislature

 

Commentary


By Mark Caserta

West Virginians for Prayer

Amid the struggles that negatively impact our nation, none so devastate our potential as the impact of poverty on our children.

"A great nation faces up to its shortcomings and acts to remedy them. Now our task is to save our children, families, communities and nation by ending child poverty. Let us keep our eyes on what children need to grow up healthy and productive and not allow ourselves to be sidetracked by political winds or be deterred by the endless stream of excuses attempting to justify national indifference and neglect to our children who are our growing edge."

These words by Marian Wright Edelman in the book "Wasting America's Future" level the task at hand.

The U.S. Census Bureau determines poverty thresholds based on family size, composition and members' ages. If a family's total income falls below the income threshold, it is considered in poverty.

The deficit lies in the reduced opportunity for the child living in poverty in all areas of their lives. Studies have shown that children living in poverty are not merely affected by health and welfare issues, but the resulting environment may limit avenues of learning and the development of creativity skills. The opportunity of the child is directly related to the opportunity for the parent to provide a living wage for the family.

According to the Census Bureau, in 2006 about 12.3 percent of the nation's population, or around 36.5 million persons, lived below the poverty threshold. This weighting does not include government benefits such as public housing, Medicaid or food stamps.

West Virginia continues to fall far below the national averages in such vital statistics, coming in at 16.2 percent below the poverty threshold and among the 10 poorest states in the nation. West Virginia is second to last in median family income. Only Mississippi is lower.

According to the Children's Defense Fund, the number of uninsured children in the nation increased from 10.9 percent in 2005 to 12.1 percent in 2006 and escalated to nearly 32 percent in a family of four with a combined income of $20,000 or less.

The deficit lies in the reduced opportunity for the child living in poverty in all areas of their lives. Studies have shown that children living in poverty are not merely affected by health and welfare issues, but the resulting environment may limit avenues of learning and the development of creativity skills. The opportunity of the child is directly related to the opportunity for the parent to provide a living wage for the family.

According to the National Center for Children in Poverty, 57 percent of low-income families have at least one parent who works full time year-round and are more likely to be employed in the service industry, which provides a lower income on average and fewer benefits. Amazingly, 37.3 percent of the families living in poverty are those with single-parent households.

In many areas such as West Virginia, the primary job growth is in the service industry, and a parent working for an hourly wage cannot provide much beyond the very basics for his or her struggling family, much less afford reliable child care.

The system is flawed, and there are those who abuse it, but the children cannot be penalized due to a few unscrupulous adults.

John F. Kennedy once said, "If a free society cannot help the many who are poor, it cannot save the few who are rich."

Makes sense to me.

Mark Caserta is founder of West Virginians for Prayer and travels the country teaching business operators situational leadership strategies designed to maximize profitability. He is a native West Virginian and lives in Cabell County.

Reprinted by permission of The Herald-Dispatch, Huntington, W. Va. This commentary appeared Jan. 11, 2008.

 

ETC.


A lunchroom food fight at a Maryland high school was so out of hand the principal took the unusual stance of promising a cash reward to anyone who would name names.

According to The Associated Press, Wilde Lake High School Principal Restia Whitaker offered $30 for information about who participated in the December 2007 incident, which officials with the Howard Count y School System termed truly out-of-control. “It was not just food being thrown,” according to a school board official. “There were water bottles, trays and utensils. It got to be very dangerous. Kids started running out the cafeteria, and it got very chaotic and disruptive.”

No reward money was paid, however. Additionally, AP reports the issue was to be discussed at an upcoming principals’ meeting.

Student opinion was very clear. Katherine Drissen, editor-in-chief of the Paw Print, wrote: “The need to assign blame for the food fight is having the unintended effect of immortalizing the incident.”

Source: The Associated Press.

 

 

 “It is good to have an end to journey toward; but it’s the journey that matters in the end.” – Ursala K. Le Guin - American writer of science fiction and fantasy, poet and critical essays.


 

 “We need to show these students that a driver’s license is a privilege and that they should be focused on their studies during their time in school….” – a Manchin Administration spokesperson discussing Gov. Joe Manchin’s proposal relating to tying driver’s licenses to academic achievement.

“The ‘access’ part (of the 2007 School Access Safety Act) makes what we are doing unique.” – School Building Authority of West Virginia Executive Director Mark Manchin, Ed.D., discussing legislation enacted last year which focused on school safety through emphasis on school facility ingress and egress.

“So there is an issue of student disclosure of records to (the Division of Motor Vehicles)…” – House Education Committee analyst David Mohr discussing the governor’s proposal relating to linking driver’s licenses to academic achievement.

 

Last Word


By Kirk Wilson

We all have heard about the proposed previsions to the Public School Program (PSSP - State Aid Formula) and of 48 of 55 county boards of education that profit significantly (average of greater than $ 600,000 per county) over the next three years. Seven counties, however, face budget cuts. 

The state is considering increasing the budget bottom line for education by nearly $37 million and seven counties have to figure out where to take budget cuts? There is something wrong with the existing funding formula, but the proposed revisions make it even worse.

Revisions were driven by sparsely populated counties that were running deficits. These counties are greatly rewarded with increases of $500,000 to $1.7 million each. This is achieved by establishing an arbitrary funding floor of 1,400 students. They get paid $6,200 to $6,575 per student without having to provide any services…Free Taxpayer Money. The 1,400 student baseline is arbitrary and without foundation. 

Based on projections provided by the state Department of Education’s Office of School Finance Dec. 11, 2008, proposed major revisions are:


In 2008-09:

Adjusted enrollments are eliminated. This impacts counties with special needs students greater than 20.5 percent. We all take a hit as we still have to provide services.

Revisions were driven by sparsely populated counties that were running deficits. These counties are greatly rewarded with increases of $500,000 to $1.7 million each. This is achieved by establishing an arbitrary funding floor of 1,400 students. They get paid $6,200 to $6,575 per student without having to provide any services…Free Taxpayer Money. The 1,400 student baseline is arbitrary and without foundation. 

A base net enrollment of 1,400 “students” is established, including additional students based on density. Counties with enrollments fewer than 1,400 students see significant (beyond reason) “plus- ups” to our demise. They will be provided funding for students without having to provide services. This is again free money. There is no rationale for the 1,400 baseline.

Proposed funding limits for the four “student density” groups change. In most cases we see an increase in professional educators and professional Instructional personnel of 0.15 full time equivalency (FTE) per 1,000 students and an increase in school service personnel of 0.58 FTE per 1,000 students. If your student populations are in the 1,400 to 6,000 range you see very little help from this. (PE and PI stands for Professional Educators and Instructors).


IN 2009-10

Base PSSP “operations and maintenance” on 90 percent of the state average expenditure per student per square foot of building space (Step VIa) would fund alternative education at $24 per net enrollment.


IN 2010 -11

Create a new Step Va for counselors, nurses and technology systems specialists called student support personnel. This takes funding out of Step I (PE/PI) and moves it to Step V which means you have to reduce teachers and hire student support personnel. When your bottom line is cut this becomes an unfunded mandate. For Grant County with a net bottom line increase shown in 2011 of $44,269, the actual cut to hire service personnel is $190,000. 

Funding inequity with revisions across the counties is $2,021 per student using the 2006-07 budget base. When the same calculation is done using the 2007-08 budget base, the inequity with revisions across the counties is $2,040 per student. Without applying the revisions to the PSSP the inequity is $1,318 and 1,256 in 2006-07 and 2007-08 respectfully (which is still too much). The state average support in 2006-07 was $5,042. That is a 40 percent range of variance after the proposed revisions -- not a good number in terms of equity.

Revisions to the PSSP worsen the inequity of funding for schools in West Virginia. Revisions provide an excessive amount of funding for educators in school districts with three to five schools each (the true measure of fixed costs) and an excessive amount for PSSP Step II (Service Personnel – Bus Drivers).

Seven counties facing budget cuts have four-eight schools in their districts and are in the “low and sparse” student denisity category, but their bottom lines see no improvement because of the density category. How can it be that the Legislature is entertaining increased funding for schools totaling almost $37 million when seven counties face budget cuts?  What about the Recht decision (state Supreme Court decision mandating equity in school funding)? All children deserve to be funded in a reasonable and equitable fashion that does not cater to the few that run deficets.

The right thing to do is prevent this bill from being introduced and then revise it using a sound business model that recognizes the actual fixed and variable costs of county school districts. The data to develop an accurate and equitable (+/- $300 per student variance) cost model already exists.

Kirk Wilson is a retired Navy commander and Grant County School Board member with significant budget program management and facilities experience.


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The Legislature is published by the West Virginia School Boards 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 Boards Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Sally Cann (Harrison), President

Vincit omnia veritas
“Truth conquers all”