News

Manchin address focuses on health care

 

High school reform, technology upgrades among education initiatives

“Millions have watched as we’ve suffered together this past week, and now they will watch as we continue to grow together – stronger and more determined than ever before. We have hope in West Virginia. Hope for ourselves; hope for our families; and hope for the future of our state.” – Gov. Joe Manchin in opening remarks of his 2006 State of the State address.

During his Jan. 11 State of the State address, Gov. Joe Manchin was mindful that the eyes of the world still are watching West Virginia after last week's deadly mine disaster. He outlined his health care proposals, which are considered the primary consideration during the 2006 legislative session, as well as business expansion and development and efforts to shore up the state’s finances.

West Virginia is one of nine states selected to participate in a Southern Governors Association initiative, funded by the Gates Foundation, to promote high school reform and “rigorous academic preparation for all students The governor mentioned few education-related proposals, although he said West Virginia is one of nine states selected to participate in a Southern Governors Association initiative, funded by the Gates Foundation, to promote high school reform and “rigorous academic preparation for all students

so that they can be prepared for the new good jobs that could, should and will be in West Virginia.”
He said the Governor’s Advisory Council on Educational Technology will continue to work in 2006 to upgrade school technology so students and teachers in large and small schools across the state have access to modern educational programs and software.
Manchin said West Virginia is only the second state to join the 21st Century Skills Partnership, a program that would “make certain our high school graduates have the critical thinking and communications skills they need to be successful in the global marketplace.”

 

WVU, Marshall, WVU Tech to join forces with Dow

Manchin announced a new technology park at Dow’s South Charleston location soon will be operational. The park joins Dow, West Virginia University, WVU Tech and Marshall University at the existing Dow Technology Park in a move he said will transform the facility into a “nationally recognized education, research and development center.”
Manchin proposed to relocate engineering programs at WVU Tech in Montgomery to the South Charleston Technology Park, which then will function as a division of WVU’s College of Engineering and Mineral Resources. WVU Tech would become “one institution again,” combining its remaining four-year programs in Montgomery with the two-year programs. “This reconstituted WVU Tech at Montgomery will be able to grow and continue its commitment to meeting regional education and workforce training needs,” Manchin said.
In an education-related matter, Manchin said his administration will join forces with the Healthy Lifestyles Council created by the Legislature last year and use a new Benedum Foundation grant to “reach out to as many schools, children and parents as possible in an educational effort focused on giving them the information they need to make healthy choices.”
He also said the administration is seeking to work with national experts to “retool” PEIA so it will be more cost efficient.
He said he plans to continue a comprehensive review of the state’s tax structure to determine what changes can be made to make it easier for small businesses to succeed.
West Virginia is one of nine states selected to participate in an initiative funded by the Gates Foundation to promote high school reform and “rigorous academic preparation for all students.”

 

Cracking down on illegal drugs and sex offenders

Manchin proposed adding $1 million to the state police budget to crack down on the illegal drug trade, which he said has affected too many youth and is responsible for recent violence. He said the additional money would provide the equipment, manpower and education necessary for the state police to “partner with local law enforcement and federal officials to bring a stop to this growing problem.”
Manchin also said he will introduce legislation to stop convicted child molesters and other sex offenders from “repeating their heinous crimes by keeping them behind bars, out of our communities and away from our children.”
The new law would impose tougher sentences on child molesters and sex offenders, increase penalties for sex offenders that fail to register with the state, and make it easier to track them once they’ve completed their jail sentences.

 

No talk of pay raises

Gov. Manchin did not mention school- or state-employee pay increases, although union officials said they will push for raises during the 2006 regular session.

West Virginia Education Association President Charles DeLauder and Ed Hartman, who represents the American Federation of State, Municipal and County Employees (AFSMCE), said they would seek action on pay raises. Their statements come on the heels of the governor’s plan to put almost $600 million in state savings accounts the next two years.
WVEA is asking for a 6 percent salary increase over each of the next three fiscal years. The state gave teachers a four-year incremental pay raise in October.

State employees received a $900 across-the-board pay raise in October, but many workers said it wasn’t enough, considering recent increases in their health insurance premiums.

The governor persuaded the Legislature in September to approve the $900 pay hike for state workers and $1,350 raise for teachers. Lawmakers also agreed to spend $77 million over three years to fill in gaps on the teachers’ salary schedule that gives them automatic annual raises as they gain experience and attain additional college credit hours or degrees. In his address, Manchin advocated placing the state's expected surplus at the end of this year, which could amount to $338 million, and a potential $258 million next year, in the state's Rainy Day Fund.

As reported by the Charleston Daily Mail, Manchin’s action “could help prevent a crushing [state fiscal] blow in coming years….State budget analysts predict that because of lottery revenue losses, a fluctuating energy market and continuing pension liabilities, West Virginia's budget will be $61 million in the hole by 2009. They believe the deficit could grow to $280 million by 2011.”
For the first time in state history, the governor is providing lawmakers with a five-year forecast of revenues and expenditures, Manchin said.

 

Affordable health care for the uninsured

The governor’s major initiatives dealt with health care, including a pilot project, the “Preventive Care Clinic-Based Plan,” that would provide doctor visits, basic testing and prescriptions “at a very affordable price.”

Manchin’s second proposal is the “Affordable Insurance Initiative,” which “provides for affordable insurance plans for individuals who want, and can afford, more in-depth coverage than the clinic-based plan.

“While it is not the Cadillac of healthcare programs, it is a form of meaningful, and portable, insurance that will provide the crucial primary and preventive services individuals and families need to meet the majority of their healthcare concerns.”
The second plan would start at $99 a month.

Manchin said both initiatives are affordable and require no state subsidies. “Make no mistake – these are bold steps. They serve as an example of how government and the private sector can work together to provide basic health services to the vast majority of West Virginians without health coverage.”

Manchin said successes during his first year include ethics reform, the Healthy Lifestyles legislation, state debt reduction, increased flexibility for higher education, the teacher pay package, the reduction in the food sales tax, consumer insurance reforms, various fiscal “savings” initiatives and Workers’ Compensation changes.  
Sources: WVSBA reporting, the Charleston Daily Mail and the Associated Press. The complete text of the governor’s speech is available at: http://www.wvgov.org/sos2006_text.cfm

 

Legislative priorities available Jan. 20

The West Virginia School Boards Association’s Executive Board and the Committee on Legislation (COL) are reviewing the 2006 regular session legislative priorities, according to WVSBA President Debbie Thompson (Pleasants).

The priorities include six specific recommendations and three additional items for study, including the Promise scholarship program, Thompson said. They were developed at a Jan. 7 COL meeting in Flatwoods.

The priorities list will be finalized Jan. 16 and will be included in the Jan. 20 issue of The Legislature, which will be distributed to legislators and state board of education members that day.

The priorities address school funding review, inter-county sharing of central office services, professional development, the 21st century skills initiative and other items.

The Partnership for 21st Century Skills initiative is a venture to introduce world-class skills in the classroom, including critical-thinking skills, to make the state’s educational system more competitive.

Education officials will discuss the initiative at WVSBA’s Winter Conference Feb. 17-18 in Charleston. WVSBA Executive Director Howard M. O’Cull, Ed.D., is COL chairman.

 

Winter Conference focuses on student achievement

The West Virginia School Boards Association’s Winter Conference is Feb. 17-18 at the Charleston Marriott. 

The conference begins at 1 p.m. Feb. 17 and ends at 11:15 a.m. Feb. 18. The FY07 Annual Business Meeting, at which WVSBA officers are elected, is slated for the morning of Feb. 18.

WVSBA Executive Director Howard M. O’Cull, Ed.D., said the conference training program focuses on student achievement, including the 21st century skills initiative. The training sessions are approved by the West Virginia School Boards Association/West Virginia Board of Education School Board Member Training Standards Review Committee (TSRC).

WVSBA President Debbie Thompson (Pleasants) urged county board members, county superintendents and administrators to attend the training sessions and to visit with legislators. “It is critical that we let our legislators know of our legislative agenda and that we support them in efforts to advance public education in West Virginia,” she said.

The annual WVSBA/West Virginia Association of School Administrators “Reception with Legislators” is Feb. 16 from 6-8 p.m. at the Marriott, followed by a WVSBA Executive Board meeting.

For conference information, contact O’Cull at hocull@wvsba.org or Shirley Davidson at sdavidson@wvsba.org. Davidson said 125 had already registered for the conference.

 

State board to intervene in Hampshire

OEPA report: Personnel and financial issues need to be resolved

The West Virginia Board of Education on Jan. 11 voted to intervene in Hampshire County Schools following a recommendation by the Office of Education Performance Audits (OEPA).

OEPA Executive Director kenna Seal, Ed.D., said financial and personnel problems still exist more than six months after the WVBE first declared a state of emergency in the Hampshire County school system.
The state board removed Hampshire County’s interim superintendent Jill Parker and hired former Tucker County superintendent Cynthia Kolsun to act as interim superintendent. WVBE members hope to hire a full-time superintendent by Feb. 20, according to a Charleston Gazette report.

Seal made the takeover recommendation in a 74-page audit report. He said that “while Hampshire County Schools are doing a fine job with the curriculum for its students, gaps in leadership still remain. There are still personnel and financial issues that need to be resolved in the county. Those issues led us to our recommendation of a limited intervention.”

 

Turmoil in central office leadership 

Seal said the leadership issues, which have arisen the past two years, could not be surmounted, placing both Hampshire assistant superintendents – Paula O’Brien and Parker – in an “untenable” position. “No one could have stepped into that,” he said.
He called it a school system in “turmoil in terms of central office leadership,” compounded by a “climate of mistrust,” “uncooperative behaviors,” and the uncertainty caused by Hampshire Superintendent David Friend’s failure to report to work the past 15 months. Friend had cited health reasons.

“[Parker] was set up for failure," Seal told the state board. "[She] tried but she would have failed no matter what she tried because of the unstable atmosphere that exists."

Seal said Hampshire County lacks the capacity for any local person to step in as superintendent, and that the board’s hiring of Parker as assistant superintendent last year was a “flawed process.”

Additionally, he said central office employees interviewed by OEPA officials in December said the board office is a “mess,” and that “there’s been a lot of uncooperative behavior. We’ve seen a lot of breakdown between the school board and the superintendent (Friend).”
Based on the report, Seal said the elected board “lacks capacity” to correct many of the leadership issues that are compounded by “lapses in leadership on part of the board.”

 

Hampshire board followed legal advice

County board members, who were summoned to the meeting by state school superintendent Steve Paine, said they had followed legal advice the last several months. “We’re only as good as the information we have,” said Hampshire County Board of Education President Brenda Pyles, apparently alluding to advice the board received, including recommendations from central office administrators. "It may not have always been the best advice.”

Hampshire board member Linda Baker said they have no scope or authority to enter into the system and to do so would be micromanaging.

County board members said they want to work with the state board. In response, state Board President Lowell Johnson, Ph.D., said, “We certainly want to work with you.”

Seal said the county board may have done all it could do but the intervention is warranted because of the need for “stability” and because some personnel decisions have resulted in litigation, grievances, duplicate school treasurer positions in the central office, and the inability of board-appointed central office leaders to turn the system around.

“It was apparent that the employees are begging for someone to step in and provide leadership and direction.” – OEPA audit report
Seal cited personnel problems, including the salary of former Hampshire High School Principal Tammy Moreland, whose board-approved “supplement” put her salary at $72,000. That caused other principals in the county to file a grievance against the board.

Seal said the local board had numerous op­tions they could have used to correct the situation, but that they failed to do so. 

"There is a lack of leadership on the part of the board, which has led us to our recommendation that the state board take over the Hampshire County school system,” he said. "There still seems to be a problem with personnel issues and hiring procedures that comes from a lack of knowledge on the part of the personnel director, superintendent and board." 

“It was apparent that the employees are begging for someone to step in and provide leadership and direction.” – OEPA audit report

 

School problems ‘easily corrected’

Seal said he sees no way for anyone in the Hampshire County school system to not be affected by what has happened among the leadership, although he said problems in the schools can easily be corrected.
"The biggest problems are at Hampshire High School,” but those problems can be taken care of by the new principal and the leadership at the school, he said. He said the schools themselves do not need intervention by the state board at this time.
"If there is one thing I can say, at least the board and leadership issues have not totally ruined what is happening within the schools," Seal said.

“We did not see that [county] leadership has improved very well. It just changed,” Seal said, referring to O’Brien’s resignation last year as assistant superintendent and the appointment of Parker as assistant superintendent.

He said the central office was fraught with a “lack of teamwork; no spirit of cooperation; and disruption.”

At one point, Parker cried while defending the Hampshire system. She and county board members criticized the audit report as inaccurate. Parker gave state board members a seven-page written rebuttal.

 

Central office employees ‘begging’ for help

Some Hampshire central office employees told OEPA auditors they feared top Hampshire school administrators would retaliate or fire them if they voiced concern about the system.

“It was apparent that the employees are begging for someone to step in and provide leadership and direction,” the audit report states. “A review of the new findings will help substantiate their cry for help.”

Parker said she always treated employees fairly, and that she “never harassed or intimidated anyone.”

The auditors interviewed school employees, two county board members and central office workers. Seal said despite the county board’s efforts to address deficiencies by developing policies, setting goals and participating in training programs, the system was prone to “lapses” in leadership. “Maybe they did all they could to try for stability.”

Leadership problems were particularly acute in board personnel decisions, Seal said. Local board members displayed a “lack of knowledge and experience,” according to his report.

County board members said they were dependent on county officials and they relied on legal advice to make those decisions, although some Hampshire observers said the board sometimes met without its legal counsel present or after seeking only spoken legal advice from various sources.

WVBE member Priscilla Haden asked Pyles if county board members received training in “personnel.” Pyles said board members had not received specific training in that area, but they had participated in workshops and training conducted by the West Virginia School Boards Association and by Sam Kalbaugh, a representative of the Neola policy services company, which is redoing the board’s policy manual.

County board members said they had approved Parker as interim superintendent, given Friend’s resignation earlier in the month, and that they had voted Jan. 9 to start a superintendent search that would have involved WVSBA. They believed these steps would allow them to correct system deficiencies and get the system back on track.

Pyles, as recommended by Rebecca Tinder, the county board’s lawyer, responded to Seal's report by informing state board members that she and the other local board members had not had time to read Seal's review and would like more time to examine the documents.

 

Finding a good superintendent

“[The board’s actions] will allow us to find a good superintendent. We need a leader in a superintendent,” Pyles said. “I’d like to see us have a little more time to find a good, strong superintendent and get more of these issues resolved.
“For two years it has not been about the students. Still the students are doing very well. It's the adults who have seemingly forgotten about the students.”

State board members, however, questioned how long a superintendent search process would take. WVSBA Executive Director Howard M. O’Cull, Ed.D., said it could be done within 60 days.
In response to a question by WVBE member Ron Spencer (Doddridge), O’Cull outlined steps in the process, which would have emphasized considerable community involvement as well as consideration of the OEPA report and the county board’s required “self-evaluation.”

WVBE member Burma Hatfield (Mingo) said the state board “possibly won’t be in [Hampshire County] that long.”
As WVBE members discussed Seal’s report, state board member Barbara Fish (Wood) said, “The leadership issues that have impacted the county have not totally ruined what’s happened in the schools.”

Fish and Spencer urged the state board to give the Hampshire board more time to hire a new superintendent. Fish abruptly left the meeting during the debate and did not vote on the takeover.

“This intervention will give the local board the opportunity and assistance needed to move forward.” – WVBE President Lowell Johnson The state superintendent, however, said the county board had not “stepped up.”

“These are issues that have been brought to our attention for a long time,” Paine said. “They have an obligation to provide for a thorough and efficient system of schools.”

Tinder urged WVBE members to use the “current window of opportunity to begin to make changes in the county.”

She said this was consistent with state law, namely that the county board had demonstrated progress during the last year.

Spencer reiterated that point, saying the county board had been tied up in litigation brought by Friend and community groups and that the board also had to deal with fallout from the resignation of former employee Jerry L. Mezzatesta.

WVBE members voted 6-1 in favor of the intervention, with Spencer voting no.

“This intervention will give the local board the opportunity and assistance needed to move forward.” – WVBE President Lowell Johnson

 

Takeover will be limited

Most state board members agreed that the takeover would be limited and that the state superintendent would work with the Hampshire board to select a superintendent.

“Hopefully the intervention will be very limited,” said WVBE member Bob Dunlevy (Ohio). He said the Hampshire matters should be “fixed fairly quickly.”

The notion of a limited intervention surfaced when OEPA conducted its reviews in December, according to school board members interviewed at that time.

Board members said they tried staving off intervention but realized many of the issues they faced would be hard to resolve locally.
Members said they are confident they will be involved in the intervention process and that they would cooperate with the state board and state superintendent.

“All things work out for the good,” said Hampshire board member Lisa Hileman.

As a result of the WVBE’s actions, Paine said the local board would be involved in the search for a superintendent, a point county board members said he made during a meeting with them and Kolsun following the WVBE vote. 

 

Next steps in the takeover process

As part of the OEPA report, state board members also accepted Paine’s other recommendations, including curtailing the local board’s authority to expend funds and hiring and firing decisions. They delegated that authority to the state superintendent.

The state board also limited the authority of the Hampshire County board to replace administrators and principals in low-performing schools and to transfer them to alternate professional positions within the county.  

The Hampshire County board and superintendent were asked to provide standards to the state board by this March. The standards must be met for the Hampshire Board to regain control of the school system.  

“We expect this intervention to be short lived,” Paine said. “I also intend to involve the local board in the superintendent search. Hampshire County Board members will still retain control of certain local functions.”  

He said three school administrators had expressed an interest in the Hampshire position, but he declined to name them. 

A team from OEPA made an unannounced visit to Hampshire County in January 2005 to conduct an education performance audit of the county offices. In February 2005, the state board called for a state of emergency in Hampshire County Schools after learning of questionable financial and hiring practices in the district offices.

In April 2005, an Improvement Consultant Team (ICT) presented recommendations for Hampshire County, which were approved by the state board. In December 2005 and January 2006, the ICT and OEPA revisited Hampshire County to conduct another audit of the district offices and all county schools.

“The board felt that adequate progress had not been made in correcting all of the deficiencies,” said WVBE President Lowell Johnson. “This intervention will give the local board the opportunity and assistance needed to move forward.”

Although the report noted 45 “deficiencies” in the system’s nine schools -- primarily at Hampshire High School -- eight of the nine schools have received full or exemplary accreditation. Seal said that number was typical of counties of Hampshire’s size. However, he said the county as a whole will remain on non-approval status.  

Hampshire becomes the fourth of the state’s 55 county school systems the state has taken over. The state also intervened in Mingo, Lincoln and McDowell counties.

The Charleston Gazette reported that Lincoln superintendent Bill Grizzell and Mingo superintendent Brenda Skibo plan to retire before July.

Mezzatesta, former House Education Committee chairman, was fired last April amid criminal and ethical investigations.

The Hampshire board on Jan. 9 accepted Friend's resignation as superintendent and appointed Jill Parker as interim superintendent. 

Friend has filed a pending civil lawsuit against two of the board members and O’Brien. An earlier suit seeking board members Helen Heatwole’s, Friend’s and Pyles’ removal from office was dismissed at the request of the Hampshire citizens’ group that had filed the petition.  

Sources: WVSBA reporting; West Virginia Department of Education;  the Charleston Gazette and Associated Press; Kenna Seal and Don Kesner of the Hampshire Review.

 

Kanawha Circuit Court: Mingo must continue high school consolidation plan

King rules that Pell doctrine applies to previously approved facilities plan

By Kelli D. Talbott
Deputy Attorney General

Editor’s Note: Talbott represents the West Virginia Board of Education in the Mingo case.

Kanawha County Circuit Court Judge Charles King on Jan. 5 ruled that the Mingo County Board of Education and its board members William Duty, Mitchell Chapman and Mike Carter must implement the closure and consolidation plan for Williamson, Matewan and Burch high schools as set forth in Mingo County’s 2000-2010 Comprehensive Educational Facilities Plan (CEFP).

The plan previously was granted funding by the School Building Authority. The Circuit Court’s order is the culmination of a lawsuit brought by the two other Mingo County board members, James W. Endicott and Despina Kapourales, and other citizens of Mingo County, to compel the implementation of the plan to construct a new consolidated high school in Mingo County.

The court’s order mandates that the Mingo board and majority members, Duty, Chapman and Carter, have a legal obligation to implement the consolidation plan regardless of whether the West Virginia Board of Education continues its intervention into the Mingo County school system.

The lawsuit was filed in June 2005, about four months after the state board intervened into the operation of the Mingo County school system. The plaintiffs, represented by Kathryn R. Bayless of Princeton, sued the Mingo County board, Duty, Chapman, Carter and the state board to obtain a court order pursuant to the doctrine established by the West Virginia Supreme Court in Pell v. Board of Education of Monroe County, a 1992 case. 

In Pell, the Supreme Court held that if a CEFP developed by a county board has been approved by the state and funded by the School Building Authority; has met public hearing and approval requirements; and contracts have been let to implement the plan, it is arbitrary and capricious for a county board, with no articulated reasons, to stop its implementation. It also applies if the county board’s actions to replace the plan would jeopardize funding from the School Building Authority.

The plaintiffs sued under the Pell doctrine after the Mingo County board tried to derail the consolidation plan.

The plaintiffs argued that Mingo County’s situation is substantially similar to that of Monroe County’s in the original Pell decision. In Mingo County, as in Monroe County, the county board had developed its 2000-2010 CEFP that called for the closure and consolidation of several high schools.

Mingo County’s CEFP was approved by the state board and School Building Authority and the authority granted funding to construct a consolidated high school. All the requirements for public notice and approval were met and the county contracted an architect and a construction manager to work on the consolidated high school.

As pointed out by the plaintiffs in their lawsuit, the Mingo County Board was advised in September 2004 by its legal counsel, Howard Seufer Jr., that the circumstances in Mingo County mirrored those in the Pell case. Seufer said that if the board abandoned the project it risked a “Pell-like” lawsuit the county board likely would lose.

The court ordered the Mingo County board and its majority members to implement the Comprehensive Educational Facilities Plan in its entirety

After the plaintiffs began the lawsuit, the Mingo County board, Duty, Chapman and Carter, represented by Jim Lees of Charleston, unsuccessfully sought to have the Circuit Court dismiss them as defendants. The state board admitted the allegations made by the plaintiffs and agreed that implementation of the high school consolidation plan was mandated under the Pell doctrine. 

After both parties shared information and completed other court processes, the plaintiffs filed a motion with the Kanawha Circuit Court to obtain a judgment against the defendants.

The court ordered the Mingo County board and its majority members to implement the Comprehensive Educational Facilities Plan in its entirety.

The state board responded by agreeing to implement the consolidation plan during its Mingo intervention. This agreed order was entered by the Circuit Court on Dec. 19, 2005 and, thus, the court dismissed the state board from the case.

The Mingo County board -- Duty, Chapman and Carter -- and their attorney, Lees, did not respond to plaintiffs’ motion for judgment and therefore did not contest the entry of judgment against them. On Jan. 5, the Circuit Court granted judgment against the Mingo County Board, Duty, Chapman and Carter.

The court found that the county board’s obligation under Pell is independent and is not affected or relieved by the state board’s intervention into the Mingo County school system. The court further found that implementation of the Mingo County CEFP is required under Pell and ordered the county board and its majority members to implement the plan in its entirety.

The Mingo board, Duty, Chapman and Carter can appeal the case to the West Virginia Supreme Court, however, as they did not fight plaintiffs’ motion for judgment against them, it is unclear whether they will file such an appeal.

Note: WVSBA will seek responses to this article for the next issue of The Legislature.

 

Paine asks educators to share thoughts

Five forums promote discussion of teachers’ needs for 21st century

This is a memorandum from State Superintendent Steve Paine to county superintendents, county board presidents, and Regional Education Service Agency executive directors regarding Invitation to Voices from the Field: A Forum for WV Educators.

Since I have been state superintendent of schools, teachers have told me of their strong desire to have their voices heard within their local, state and regional school system. Honoring this request, I invite all of West Virginia’s teachers and the county and school administrators who work with them to participate in Voices from the Field: A Forum for WV Educators, a series of five gatherings throughout the state designed to explore the knowledge and skills necessary for a West Virginia graduate to succeed in the 21st century. 

At each of the five locations hosting Voices from the Field: A Forum for WV Educators, I will ask the same questions of participants and listen to their responses. The small group conversations leading up to participants’ responses and the resulting reports will inform me and my staff of the needs of West Virginia’s teachers as they prepare our students for successful entry into the 21st century. 

I ask that school system superintendents and board of education presidents receiving this invitation share it with all colleagues within the central office and with all board members. With such help, every educator in the state will receive a copy of my invitation to participate in one of the Voices from the Field: A Forum for WV Educators. 

The dates, times, and locations of the upcoming forums and the specific discussion questions are provided on the attached information sheet along with instructions for pre-registration and a link to advance readings. I look forward to meeting with you and listening carefully to your ideas at one of the five forum locations.

Thank you for all you do for West Virginia’s future!

---

 

Voices from the Field: A Forum for WV Educators
DATE	REGION and COUNTY	LOCATION
Feb. 1	RESA II, III   Putnam County	Hurricane High School
Feb. 2	RESA I, IV     Raleigh County	Woodrow Wilson High School
Feb. 13	RESA V, VI   Wood County	Blennerhassett Junior High School
Feb. 14	RESA VII       Marion County	East Fairmont High School
Feb. 15	RESA VIII     Berkeley County	Hedgesville High School

 

AGENDA
4 p.m.	Opening Remarks	General Meeting Location
4:50 p.m.	Transition to Meeting Rooms and “Grab ‘n Go” Snack	Designated Classrooms (for teachers, school, and system administrators)
4:55 p.m.	Discussion Question 1	What knowledge and skills does a West Virginia graduate need to  succeed in the 21st century?
5:25 p.m.	Discussion  Question 2	What do you as a teacher need to educate a 21st century learner? (i.e.   professional development, assessments, instructional strategies, technology tools)
5:55 p.m.	Break
6:10 p.m.	Report Out of Discussion	General Meeting Location
7 p.m.	Adjournment

 

PRE-REGISTRATION DIRECTIONS

• Access pre-registration site at http://wvde.state.wv.us . Click on the 21st Century logo on the top, right side of page and follow directions to register for the date and location.
• Pre-registration is necessary for room setup and for ordering food.
• Pre-registration closes Jan. 27.

 

ADVANCE READINGS

All participants in the Voices from the Field: A Forum for WV Educators are asked to complete advanced readings to be prepared for an informed discussion. Please feel free to read beyond the cited readings and then to add such information to the discussion at the forums. (In-depth readings can be found at http://www.21stcenturyskills.org).

To access the advanced readings, please go to http://wvde.state.wv.us/forums and then follow the link to “readings.”

 

Group offers State Capitol Bible study for legislators, staff and lobbyists

Capitol Ministries hopes to establish a full-time Christian ministry “presence” at the statehouse, according to the Charleston-based group’s leader, Tim Pauley.  

Pauley said Capitol Ministries is affiliated with a California-based organization dedicated to establishing chapters in all 50 states within 10 years. Pauley, a graduate of Appalachian Bible College in Beckley, said the program, which features Bible study and Christian fellowship for lawmakers and legislative staffs, is organized in 12 states, including California, where the program originated, and Virginia and Pennsylvania.

A Bible study geared to lobbyists is scheduled at 8 a.m. each Tuesday morning during the regular session, with an additional session at noon. Pauley said Capitol Ministries is not affiliated with any particular Christian church or denomination and that the organization, started by Ralph Ken Drollinger, a former NBA player, “strives mightily” to be non-partisan and apolitical.

According to its annual report, the group is attempting to reach 87,500 state legislators and staff, including 7,500 lawmakers, 35,000 staff members and 45,000 lobbyists. The group “ministered” to 14,747 people in eight states last year, including 1,157 legislators and 5,643 lobbyists.

Legislators receive Bible study notes inviting them to the study. Pauley also said notice about the program is provided word-of-mouth by attendees. He said that last year, when the program was introduced in West Virginia, an average of 10 legislators attended.

Pauley said he is involved in raising awareness of the program and funding from Charleston-area churches and congregations throughout West Virginia. He has been involved in various ministries for about 20 years.

The Tuesday morning Bible study is in the Governor’s Press Conference Room. The Tuesday noon study is in the state Treasurer’s Conference Room (EB 54). For more information about the organization’s “Statement of Faith,” visit www.capitolministries.org. Pauley can be reached at 304-767-8430 or tim.pauley@capitolministries.org.

Pauley said the organization also has a chapter at the Cabell County Court House in Huntington.

Features
About the Interims

 

House/Senate Education Committee
sets recommendations for regular session

 

The House Education Committee held an organizational meeting Thursday, while the Senate Education Committee’s organizational meeting is scheduled for early next week, according to SEC staff members.

Committee organizational meetings generally are used to reiterate the role of committee chairmen to set meeting agendas, to preside at meetings and also to discuss committee rules and subcommittee appointments.

The House committee’s meeting came at the tail end of a week mostly devoted to the January interim legislative committee meetings that focused on recommendations for the 2006 regular session. 

Major interim committee education recommendations for legislative consideration this session, as approved by the Joint House/Senate Education Committee include:

• Five-year math plan initiative. Based on information provided to interim Subcommittee B (public education), the West Virginia Department of Education’s Five-Year Math Plan is aimed at increasing students’ proficiency in mathematics, as bolstered by professional development, county math leadership teams and follow-up regional training sessions. The joint committee recommends that the WVDE provide statewide goals and benchmarks to measure math plan progress. A few Subcommittee B members were concerned about “benchmarks” leading to an additional assessment, although legislative staff members said that term referred to assessing overall state progress in meeting the WVDE math goals, not an additional “math test.”
• Demonstration Professional Development Schools. The subcommittee, in its written report, said “too much of the [Demonstration Professional Development School Project funding] is going to fund personnel, and not enough of the funding is going directly to the schools to implement programs. The subcommittee further finds that schools do not need another person as a resource because professionals are already available to develop programs….” As a result of that recommendation, 75 percent of funding will be directed toward program implementation and 25 percent toward personnel. Additionally, Subcommittee B recommended that the WVDE program “demonstrate significant student achievement after the first year of the project.” According to subcommittee discussions, county boards, using federal Title I money especially, can “pick up” costs for added program personnel.
• School nurses. The Joint Education Committee recommends that the Education Subcommittee C, which is studying education funding, consider “extra funding for additional school nurses in its overall study of the school aid formula.”
• School counselors. The Joint Education Committee recommends “additional funding” to place WVEIS data entry and administrative clerks in schools to “free up time for both school principals and school counselors, [allowing counselors] to spend more time performing their professional duties.” No information was provided in the Jan. 9 meeting about the cost of this proposal.
• Duties and authority of public school principals and assistant principals. Subcommittee B determined that “the second-guessing and intimidation problem experienced by school principals may exist to some degree in the school system.” To address this, Subcommittee B recommended the matter be addressed in Principals’ Academy training “to provide any appropriate instruction to address the problem….” According to Bruce Collier, a principals’ association, representative, the “second-guessing” as cited in the Subcommittee B report mainly involves superintendents and county central office personnel, although he said county board members, through pressure on superintendents and central office officials, may become involved in “second-guessing” principals’ decisions, especially regarding students’ exclusion from classes and schools.
• No Child Left Behind waivers. The Joint Education Committee approved a recommendation that “each house of the Legislature establish a committee to conduct hearings on [the federal] No Child Left Behind [Act], and that the committee hear testimony from the National Conference of State Legislatures (NCSL), Communities for Quality Education (CQE), the United States Department of Education and others.”
• After-school programs. Several recommendations were approved, including establishment of a state after-school partnership/network task force, along with a letter of support for the partnership/network’s application for 2006 C.S. Mott Foundation Statewide After-School Network funding. The recommendation was based on testimony from Kaleidoscope Community Learning Centers, Edvantia (formerly AEL) and the West Virginia University Extension Service. According to the Mott Foundation Web site, after-school programs provide academic, skill-building and personal development experiences in low-income communities across the nation. According to its Web site, the Mott Foundation has provided $100 million for professional development, research, and for policymaking related to the programs.
• In-home family education programs. Program expansion is recommended to increase “the education level and academic achievement of the state’s population… [and to] enhance the health and welfare of the state’s population.” While additional program funds are sought for these type programs, any such funding is not to “reduce other education funding.” According to the report, expansion of in-home family education programs could reduce the need for “education funding in the future, and that consideration should be given to applying any such reduction in funding to further expansion of in-home family education programs.”
• Alternative education. The report states that the Legislature’s “intent is…that all children should be in school and learning.” To accomplish this objective, the WVDE “should establish guidelines for the enforcement of the [West Virginia Board of Education’s] Student Code of Conduct which emphasizes in-school programs to correct the behavior.” County boards, based on report recommendations, should have the ability to “implement programs that address the needs of their student population. The state appropriations to support these programs need to be increased.” Another recommendation is that the state’s Safe Schools Act should remain as is. The last recommendation states that different types of violations need to be “refined to better distinguish between the different  types of violations and their seriousness.” This approach, including data clarification, will help reduce the “problems of [NCLB] identification of ‘Persistently Dangerous Schools,’” according to the report.

The current school nurse ratio is one nurse per 1,500 students, with some county boards contracting with local health departments to meet or exceed statutory requirements.

In discussing WVEIS clerks, the subcommittee stressed that they are not be assigned to central offices.

Although members declared a recent “truancy diversion program” successful, they did not recommend state funding for the endeavor, saying the matter should be “up to the counties to fund.”

The much-touted program was mostly discontinued a few years ago due to loss of federal welfare funds. The program focused on interventions to reduce or eliminate student truancy, including home visitations.

As part of the Jan. 9 committee deliberations, Sen. Donna Boley, R-Pleasants, commented on what she said is a growing drug abuse problem in schools within her district, based on discussions with local education officials.

For more information on after-school programs, refer to the Mott Foundation Web site, www.mott.org.

 

School Aid Formula problems need work
Eastern Panhandle counties face staffing crisis

By Jim Wallace

A legislative interim subcommittee plans to take another year to consider how to fix problems with the School Aid Formula, but representatives from the Eastern Panhandle are relieved that lawmakers at least recognize the crisis that schools in that area are facing in filling teacher vacancies.

“We’re seeing increased awareness on the part of the leadership of both the House and the Senate,” Jefferson County Superintendent Steve Nichols said after Sunday’s meeting of Education Subcommittee C.

During the meeting, Berkeley County Superintendent Manny Arvon explained to lawmakers the difficulties that he and Nichols face in hiring and retaining teachers as surrounding counties in Maryland and Virginia post about 1,700 positions at higher salaries.

“In Berkeley County, we’re replacing one-third of our professional staff every three years,” he said.

During the 2006-2007 school year, Berkeley County expects to need 180 new teachers and Jefferson County expects to need 100. Beginning teacher salaries are $28,495 in Berkeley County and $29,285 in Jefferson County. But across the border, starting salaries range from $34,000 to $39,600 in Maryland and Virginia. Loudon County, Va., which expects to have more than 700 vacancies next year, is considering raising its starting salary to $43,000.

Delegate Walter Duke, R-Berkeley, noted that the lure of working across the border is so lucrative that one person even gave up a principal’s job in Jefferson County to take a teaching position in Loudon County.

Nichols called it a “dog-eat-dog environment.”

“What we are facing is truly a crisis,” he said. “Our fear is that we will open school in the fall with dark classrooms.”

The Eastern Panhandle counties are struggling to fill vacancies not only because of the competition from Maryland and Virginia districts but also because their own population growth has been dramatic. While student enrollment in most West Virginia counties declined from 1990 to 2005, Berkeley County gained 5,123 students and Jefferson County gained 1,540.

Senate Education Chairman Bob Plymale, D-Wayne, noted that Berkeley County’s increase in students is about as big as the total population of Wirt County.

During the 2006-2007 school year, Berkeley County expects to need 180 new teachers and Jefferson County expects to need 100.

Arvon said Eastern Panhandle leaders expected to have a staffing crisis as population growth spread from the suburbs of Washington, D.C., but it happened sooner than expected. Nichols said that growth will keep moving west and affect more of West Virginia, especially after the Corridor H highway is completed. In addition to Berkeley and Jefferson counties, Morgan, Hampshire, Hardy and Grant counties have also experienced enrollment gains.

In other business, the subcommittee received reports on tax issues from Tom Witt, Ph.D., director of West Virginia University’s Bureau of Business and Economic Research, and Cal Kent, Ph.D., director of Marshall University’s Center for Business and Economic Research.

Witt said West Virginia’s level of property taxes as a share of total taxes is lower than that of neighboring states, except Kentucky. West Virginia’s income tax revenue is also lower than that of surrounding states, but its sales tax is in the middle of the range.

West Virginia ranks second in the nation in terms of the percent of total taxable resources – 4.88 percent – spent on education, Witt said. In terms of equity in funding among school districts, West Virginia ranked fifth best with a grade of “B”.

Flood insurance issue for Education Dept.
Early childhood legislation, collaboration has ‘worked well’

By Jim Wallace

The West Virginia Department of Education wants lawmakers to pass legislation to prevent school systems from skimping on flood insurance for buildings in 100-year flood plains.

That was one of several subjects covered in a wide-ranging meeting Tuesday of the Legislative Oversight Commission on Education Accountability.

Joe Panetta, director of the Office of School Finance, said most districts maintain the maximum amount of coverage available from the National Flood Insurance Program -- $500,000 or the replacement value of the building and its contents, if that is less. But he said a few counties try to get by with less.

“The premiums don’t seem to be that harsh,” Panetta said. The Education Department would like to have a statute so that school districts will have no excuse for not fully insuring their buildings against flood damage.

Senate Education Chairman Bob Plymale, D-Wayne, said he thinks lawmakers should pass such legislation, but maybe it should include financial assistance to help some districts initially get the insurance they should have.

Sen. Steve Harrison, R-Kanawha, wondered whether the state should provide funds to help relocate some schools outside of flood plains. State Superintendent Steve Paine said School Building Authority funds should be available for that.

That’s the first time I’ve been at a national meeting when we’ve been first at something good.” – Senate Education Chairman Bob Plymale, D-Wayne

“That’s the first time I’ve been at a national meeting when we’ve been first at something good,” he said.

Sen. John Unger, D-Berkeley, asked Paine if the state department has any plan for dealing with teacher shortages, especially in regard to requirements of the federal No Child Left Behind program to ensure the quality of teachers.

“We have some ideas, yes,” Paine said. Those ideas include proposed legislation, he said, without specifying exactly what legislation.

West Virginia has a statewide problem of filling math and science teaching positions and a more general problem of filling vacancies in the Eastern Panhandle, Paine said. But he added that all states are having staffing problems, so the federal government has given them an extra year to meet the No Child Left Behind standards.

Paine also reported on two initiatives of the state department. To improve professional development, the department plans to hold five forums with teachers around the state to ask them what they need. “I don’t think we have ever really focused on that and done that,” he said.

The other initiative is Project Lead the Way, a pilot project to work with colleges such as Marshall University and West Virginia University to introduce an engineering curriculum at two high schools. Paine said he has met with officials from Appalachian Power about supporting the program.

“We’re excited about the pilot,” he said.

On another subject, Plymale was excited that, in a presentation at a national conference, he was able to brag about West Virginia’s top rating for the quality of professionals working in early childhood education. “That’s the first time I’ve been at a national meeting when we’ve been first at something good,” he said.

Early childhood education was the subject of a good portion of the commission’s meeting as two groups, the West Virginia Childcare Centers United and the West Virginia Association for Young Children, presented a joint legislative agenda. Overall, the representatives of those groups maintained that legislation that provided for early childhood education across the state through collaboration between the Department of Health and Human Resources and the Education Department has worked well.

But Susan Miller of the Child Development Academy at Marshall University said it is hard for child care centers to budget for children whose enrollment is subsidized when they are frequently absent. She said that, if a subsidized child is certified to attend full-time, the center should be paid the full monthly rate if that child attends at least 12 days during a month.

Jeanette Barker of Playmates Child Development Center said the groups also want the Education Department to clarify the policy that children from kindergarten through the third grade must have 90 minutes of uninterrupted reading. She said teachers should have more flexibility to provide developmentally appropriate activities during that time.

Harrison expressed concern that state-funded early childhood education programs in public schools might have taken some four-year-olds from private child care centers. Helen Post Brown agreed that has been a problem and even has caused some centers to close. But she and Barker said the bigger picture is that the collaborative system, which allows students to be served in their own communities, in some cases at public schools and in other cases elsewhere, has worked well to provide early childhood education inexpensively.

Unger, who chaired the subcommittee that drafted the early childhood bill, said he has been pleased with the results, especially the apparent seamlessness between early childhood education and primary education. “I never imagined we would have come so far so quickly,” he said.

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.

IN THE REGIONS

Northern Panhandle

 

Economic woes hit hard in the Upper Ohio Valley
Maintaining school quality tough as employers, residents pull out

By Jim Wallace

Northern Panhandle residents have long taken pride in the quality of their schools, but some school officials in that part of West Virginia are concerned about whether they can maintain that quality in the face of significant decline in the region’s industrial base.

The biggest blow to the area has been the downsizing of the former Weirton Steel Corp., which is now part of Mittal Steel, a conglomerate based in the Netherlands. Late last year, Mittal announced it would shut down a blast furnace permanently, cease raw steel production and eliminate about 800 jobs.

At its peak, Weirton Steel employed about 13,000 people, but its workforce is now down to only about a tenth of that. Mittal’s plans are for the plant to concentrate on tinplate, using steel slabs produced at lower-cost mills in Ohio and Maryland.

The Hancock and Brooke county school systems, where the steel facilities are located, have coped with declining student populations every year for the past 20 to 30 years. Hancock County, which recently has had the highest employment rate in the state, has gone from 9,355 students in 1973-1974 to fewer than 4,300 this year. But Superintendent Danny Kaser is worried that a steady trickle might suddenly become a flood.

“If we lose 200 or so kids in the fall, it’ll be a big problem,” he said. “You can’t survive a huge hit all at once.”

 

Table games the only prospect for growth

Kaser also is worried that Hancock County’s second-biggest employer, Mountaineer Racetrack and Gaming Resort, will suffer as newly legalized gambling grows in Pennsylvania, especially when a recently announced casino is built in downtown Pittsburgh.

Joe Barnabei, president of the Hancock County school board and an employee of Mittal, said he doesn’t see any prospects for economic growth in the county unless the Legislature permits table gaming at Mountaineer and other racetracks.

“We are truly in financial difficulty.
We’re doing what we’re doing just to
stop the bleeding.”
– Brooke County Superintendent
Charles Barker

“We’re constantly looking ahead and preparing for economic decline,” he said.

Barnabei is taking a similar approach to his personal economy. After more than 31 years at the steel plant, he takes his job on a day-to-day basis, never sure when it might end.

Brooke County Superintendent Charles Baker said his school system, which also has lost half of its enrollment over the past few decades, already is struggling to avoid a projected budget deficit.

“We have never ever experienced a deficit in our budget; it’s that severe for us right now,” he said. “We are truly in financial difficulty. We’re doing what we’re doing just to stop the bleeding.”

Just south of the Northern Panhandle, the Wetzel County school system is suffering from the closing of the Ormet Aluminum plant across the Ohio River at Hannibal, Ohio.

“We’ve had our largest one-year decline of 162 to 165 students,” Wetzel County Superintendent Paul Barcus said. He also has noticed a declining birth rate, which has resulted in fewer students coming up through the lower grades than in the past.

 

Marshall County outlook is brighter

In between, the other two schools systems in the region also have experienced annual declines in student population – about 100 a year in Marshall County and 50 to 100 a year in Ohio County -- but their outlooks are a bit brighter because of some economic development.

Marshall County seems to have the best prospects. Superintendent Fred Renzell said American Electric Power is investing $850 million to upgrade its Mitchell power plant using about 1,500 workers over the next two years, the McElroy Mine is running continuously with three longwall machines and CONSOL Energy is considering a $70 million to $100 million investment in the Shoemaker Mine. Plus, the county is getting a new gypsum wallboard plant, an oil-blending facility at the old Marx Toy plant site and a new shopping complex at the site of the former Fostoria Glass factory.

“We’ve been blessed with a lot of wonderful things that are happening,” Renzell said.

In Ohio County, the development is mainly in retail facilities around the big Cabela’s sporting goods store and warehouse. “We’ve gone from an industrial base to a retail-tourism base,” Ohio County school board President Dave Mathieu said. He hopes the loss of families with children who move to Columbus and the Carolinas has leveled off.

All five counties have coped with reductions in funding from the state School Aid Formula as their student populations decline. And as people move out of the region, property tax revenues also go down. In Hancock County, school officials expect an additional loss of perhaps $500,000 in lowered property tax revenue from Mittal Steel.

Most of the districts have reduced staff sizes largely through attrition as veteran teachers reach retirement age, but Brooke County particularly is facing a big problem with having more employees than the school system can afford – an excess of 19 teachers and 38 service personnel.

Exacerbating that problem is what Baker called “an influx of families with special needs kids” for reasons unknown to him, and that forces the school system to hire more aides when it can least afford it. In just the past few weeks, he said, the system has had to hire three new special education aides at a cost of $90,000.

“It’s just absolutely killing us,” Baker said.

In some parts of Brooke County, many houses are becoming rental units, so the population has become more transient. Baker said that has resulted in a lot of turnover among students at certain schools.

“We’ve noticed a tremendous increase in free and reduced-cost lunches,” he added. The level went from 5 percent to 25 percent of the students in one school in the last five years, and it is more than 50 percent in a few schools, Baker said. Other superintendents have noticed similar increases.

Consolidation came earlier for Northern Panhandle

Unlike some West Virginia counties, those in the Northern Panhandle went through major consolidation of schools many years ago. That’s why you’ll find just one high school each in Brooke and Ohio counties and two each in Hancock and Marshall counties.

Barcus said Wetzel County went through a different type of consolidation in the 1970s by combining elementary and middle schools but keeping four high schools in the corners of the county. Although further consolidation is not planned right now, he said, “It’s always a factor to consider” if enrollment continues to decline.

Renzell hopes Marshall County voters will pass a bond issue for about $19.5 million in November to match with $8 million in School Building Authority money for a consolidation plan that mainly will affect elementary schools. It would reduce the number of school buildings from 15 to 12.

Officials in Hancock County, which has nine school buildings, had hoped to consolidate their two high schools into one and their kindergarten through eighth grade facilities into one campus on the north end of the county and another campus on the south end. But voters defeated a bond issue in November, Kaser said, so the county had to turn down $16 million from the School Building Authority.

Brooke County plans to close two elementary schools at the end of the school year. Baker said the system has requested $2.4 million from the School Building Authority for an addition on one elementary school that will permit the closing of another one.

 

Maintaining academic quality with declining revenue

People in the Upper Ohio Valley have long taken pride in the quality of their schools. Officials in the school systems there are trying to maintain that quality but they are worried about it.

“If we lose 200 or so kids in the fall, it’ll be a big problem. You can’t survive a huge hit all at once.” – Hancock County Superintendent Danny Kaser

Barnabei said allowing academic quality to suffer would be the last option that he and other Hancock County board members would consider.

“I think we would seriously have to cut all other options, even athletic,” he said. The board has discussed going to a pay-to-play system for sports, Barnabei said.

“If we lose 200 or so kids in the fall, it’ll be a big problem. You can’t survive a huge hit all at once.” – Hancock County Superintendent Danny Kaser

But Kaser is afraid that the quality of the Hancock County schools might already be in jeopardy. “It takes money to run quality schools,” he said, and the increasing costs of utilities and fuel are combining with declining revenue to drain funds that would have gone into academics.

Baker said Brooke County schools have been able to maintain their quality so far with all but two of them meeting requirements for average yearly progress, but the economic situation is making that more and more difficult.

“I am concerned that, in the future, it will impact on the program of studies we provide for our kids,” he said. “We’re still offering the same advanced placement classes but for fewer students.”

In Wetzel County, Barcus said, “I think we’re still doing better than a lot [of districts], but I think our scores are falling somewhat.”

The Ohio County school system has been able to “hold the line” on the quality of education despite losses in enrollment and funding, Mathieu said. “We’ve been fortunate over the years to be positioned to anticipate this stuff.”

But even though Marshall County has a brighter economic outlook than its neighbors, Renzell said quality must be judged not just on state or national standards but on global standards.

“I think the reputation across the country is in jeopardy,” he said. “We have to get our facilities in such a position that we give our kids the tools and education they need to compete in the world.”

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.

 

IN BRIEF

Davis becomes Chief Justice.

Justice Robin Davis became the state Supreme Court’s new chief justice on Jan. 1. She was elected to a 12-year term in 2000, having first been elected in 1996 to fill an unexpired term. In 1998 and 2002, she was chief justice, a position rotated annually among all five justices. She is a native of Boone County and the most senior member of the court. Her mother, Deloris Jean Davis, is a former Boone County school superintendent and county board member.

Grievance system not on legislative agenda.

The Legislature is unlikely to tackle school and public employee grievances during the 2006 regular session, according to a Jan. 9 Associated Press report. The AP report said state lawmakers concluded that a recent study of the grievance process didn’t provide the answers needed to propose revisions to the state grievance procedure, which was last substantially amended in the 1990s. The study surveyed public employees and managers and found that both groups were dissatisfied with the four-step grievance process. The report proposed the use of mediators and did not rule out public employee collective bargaining. It also stressed binding arbitration, which is included in most bargained contracts.

County boards might pay higher compensation premiums.

According to news articles and reports from school board central office administrators, county boards may be paying more in workers’ compensation premiums after the system was transferred to the privatized BrickStreet Mutual Insurance Co. on Jan. 1.

The Charleston Gazette reported that the Mingo County Board of Education’s premiums were 70 percent higher than the board paid the previous fiscal year. In the past, some county boards, particularly in the southern coalfields, received subsidizes for high workers’ compensation rates, a practice discontinued in recent legislation pushed by the Manchin administration.

According to Workers’ Compensation spokesman Andy Wessels, county board premiums will be based on “experience-modification factors, just the same as a private company would.” Modification factors change premium rates from base rates. Low accident claims lower those rates, while high claims raise them.

Several southern West Virginia county boards are using private companies for safety awareness programs to reduce rates.

Wessels said most cities and towns in the state would see decreases in their basic rates, and volunteer fire departments will not pay any increases.

Higher ed, state school board want more money.

The Associated Press reports that the state’s public and higher education officials are seeking millions of dollars more for their programs in FY06. The Higher Education Policy Commission wants to restore budget cuts and increase student financial aid – a $82 million increase.

The state school board is seeking an additional $2 million for its 21st century initiative, while continuing to emphasize mathematics, science, reading and professional development. The Partnership for 21st Century Skills initiative comprises a 26-member group of business and other interests, including Adobe Systems Inc., Dell Inc., Microsoft and Time Warner, along with the National Education Association and the American Federation of Teachers.

Developer must pay school impact fees.

The Jefferson County Commission ruled that a local developer is not exempt from paying $6 million in school impact fees on an 821-house development. According to news accounts, developers of the Four Seasons at Huntfield argued they should not have to pay the fee because people living in the community had to be 55 and older, with no children allowed.

The impact fee for every single-dwelling house amounts to $8,562, according to news accounts. The fee for townhouses and duplexes is $6,686, and the fee for each multifamily unit is $4,858.

Commissioners have imposed impact fees, allowable under state law, to help offset the extra costs to education and public services. Commissioners also questioned how covenants could be written to exclude children from the development.

The complex is part of a senior citizens community that will include a 3,000-house development.

 

SBA defends raises.

At its December meeting, the School Building Authority of West Virginia approved $26,000 in raises for its staff to prevent employees from being lured to private companies, according to SBA members who voted for the increases.

The increases were approved 6-5. Gov. Joe Manchin objected to the increases and asked agencies not to provide pay increases above the $900 raises given by the Legislature to each state employee last September.

Connie Perry, an SBA member from Morgan County, said the authority has struggled to retain some of the experts they’ve had on staff since the authority was created about 16 years ago.

Clacy Williams, Ed.D., who heads the authority, did not get an increase. The largest raise went to architecture chief David Sneed who got a $10,000 pay boost, hiking his salary to $104,446. Williams’ salary is $104,758 and is controlled by Manchin.

SBA members voting against the pay raise included Carte Goodwin, state Board of Education President Lowell Johnson (Greenbrier), attorneys Nick Preservati and Robert Holroyd, and former West Virginia Education Association President Tom Lange, a recent SBA board appointee.

Members voting for the increases included state board members Barbara Fish (Wood), Sheila Hamilton (Jefferson), Clarksburg businessman Louis Spatafore, Wayne County union leader Steve Burton and state schools Superintendent Steve Paine.

Southern West Virginia election fraud.

Former Lincoln County Circuit Clerk Gregory Brent Stowers and two other individuals pled guilty to election fraud, including charges of vote-buying in what most observers is likely to be an ongoing investigation into election irregularities in Lincoln and Logan counties.

Stowers said he funneled $7,000 into the 2004 Democratic party primary to bribe county voters. Co-defendant Toney “Zeke” Dingess also pleaded guilty to helping to buy votes with that money. He was joined by another co-defendant, Ralph Dale Adkins, who pleaded guilty to buying votes with Stowers’ money in the 1992 primary. Wandall “Rocky” Adkins, also pled guilty to helping buy votes. He is not related to Ralph Dale Adkins.

Stowers may face a year and a day in prison. Dingess and Ralph Adkins face up to a year in jail for their misdemeanor pleas.

Stowers was the fourth elected officeholder to admit a role in alleged schemes, in Lincoln as well as neighboring Logan County, to influence voters with cash and liquor in balloting dating back to the 1980s.

A sixth defendant, Clifford Odell “Groundhog” Vance also pleaded guilty to buying votes during a past primary election. In his plea, Vance alleged that Lincoln County Commission President Charles McCann, the county’s former schools superintendent, provided money to buy votes – a charge McCann denied.  

Kanawha County board library funding.

A Kanawha County Circuit Judge ruled the Kanawha County Board of Education is not entitled to reimbursement of $2 million that the school system pays to support county libraries.

In 2003, the KCBOE sued the West Virginia Department of Education to recoup the money they spend on public library funding. Kanawha officials alleged that a state law requiring the board to pay the money to county library systems is unfair.

Judge Charles King said a financially secure county like Kanawha has the ability to make the annual library payments. Kanawha officials and others have been unsuccessful in their attempts to get legislators to change the law.

Under the library arrangement, the Kanawha Board receives about $2.2 million less in local share state aid due to the library payments, according to school officials.

 

New computers for state tax collection:

The Charleston Gazette reports that state investigators are reviewing a proposed $22.5 million contract to replace the state Department of Revenue’s antiquated computer tax collection system. The contract is expected to be awarded to Fast Enterprises, a Denver-based company specializing in providing computer software to state government tax departments.

The Gazette reports that the new collection system is expected to increase tax collections by about $18 million per year. The tax department has not replaced its computer system since the 1970s, according to officials quoted in the Gazette article.

Racetracks should fund Promise:

Del. Kelli Sobonya, R-Cabell, proposes that the state’s four racetracks should bear the burden of the Promise scholarship’s increased costs. According to Sobonya and fellow Cabell Republican Del. Greg Howard, the plan would generate an additional $22 million for the scholarship. The Promise board has suggested capping the scholarships to each student at $3,000 per year. Raising academic standards and capping a family’s income or expected contribution also have been suggested. Racetrack officials have not officially responded to Sobonya’s suggestions and neither has the Promise board.

Court: Ten Commandments can stay:

A federal appeals court ruled in December that a courthouse in central Kentucky can keep its display of the Ten Commandments because other historical documents also are displayed, including the Bill of Rights and Declaration of Independence. The court made its decision, in part, because the font size is no different for any of the documents, and there was no attempt to put the religious document on a higher level.

Earlier this summer, the U.S. Supreme Court ruled that courthouse displays of the Ten Commandments in two Kentucky counties were unconstitutional. However, in a separate ruling, the court said an exhibit in Texas could remain because it included other historical markers and had been in place for about 40 years.

Swedes love sacrilegious jeans.

Cheap Monday Jeans, described as “anti-Christian” or even Satanist in nature, are the rage in Sweden, according to various news media accounts. The jeans, which sell for about $50 a pair in Sweden, include a skull with a cross turned upside down on its forehead on the back pocket. The jeans’ makers say it is more of a joke, but the logo’s designer said there is a deeper message: “It’s an active statement against Christianity…I’m not a Satanist myself, but I have a great dislike for organized religion,” said Bjorn Atldax.

The jeans are not sold in the U.S., although the Swedish jean-maker Andersson, hopes to break into the market here.

Kentucky town expands to mountaintop removal site.

Pikeville, Ky., has recruited a coal company to flatten two mountaintops to make room for the town of about 6,300 to expand with new houses, businesses, athletic fields and factories, according to the Associated Press. According to Pike County officials, many Appalachian coal towns have no choice but to look to the mountaintops. The officials, however, acknowledge that mountaintop removal has come under heavy attack from environmentalists. Pikeville would not be the first town to look to mined land for expansion, according to Donovan Blackburn, Pikeville City Manager. He said only 16 to 17 percent of the county’s land is flat and can be developed. Neighboring Mingo County, West Virginia, school officials have been ordered to construct a new consolidated high school on mining property soon to be reclaimed.

Pa. judge: No intelligent design.

A federal judge in December barred a Pennsylvania school district from teaching intelligent design in biology class, saying the concept is creationism in disguise. The ruling is considered a major setback to the intelligent design movement, which holds that living organisms are so complex that they must have been created by some kind of higher force.

According to the ruling, a six-week trial in the matter yielded “overwhelming evidence” that intelligent design is a “religious view, a mere re-labeling of creationism, and not a
scientific theory…”

IN THE KNOW

Here’s an idea: Put 65% of money into classrooms

The idea's appeal lies in its simplicity, proponents say. If school districts were required to make their administrative operations more efficient, they could free up money for use in the classroom.

The thought is at the root of an effort by a new advocacy group, First Class Education, to compel school districts to spend at least 65 percent of their operating budgets on classroom instruction by the end of 2008 “for the benefit of teachers & kids.”

Read more at http://www.firstclasseducation.org

LOOKING BACK

The Jan. 12, 1996 issue of The Legislature featured a lead article regarding then Gov. Gaston Caperton’s “eighth and final State of the State address.” The Caperton speech, in which he thanked state citizens and lawmakers for their efforts in helping the state “recover financially, improve education and repair its highway system,” was titled, “Building on Past Successes.”

Caperton cited establishment of the School Building Authority of West Virginia as among his administration’s “successes” along with the creation of 75,000 jobs. The Legislature reported that the governor called for a $12.8 million tax cut for FY97, as well as announcing a plan for school employee pay increases.

The proposed $500 pay increase for teachers was called “insulting” by Judy Hale, West Virginia Federation of Teachers president, in comments made to a local TV news station.

Caperton also discussed the impetus for legislation that would become the “Jobs Through Education Act,” otherwise known as Senate Bill 633, which included job-shadowing and emphasis on standards and accountability and technology.

That legislative session also included the progenitor legislation for what would become an emphasis on pre-kindergarten legislation.

That issue of the publication also announced that Caperton had agreed to be the keynote speaker at WVSBA’s 1996 Winter Conference.

-- The Legislature, Jan. 12, 1996

Commentary

GUEST PERSPECTIVE

 

All state schools should require uniforms

It’s the first step toward discipline and ‘good values’

By Joshua Briscoe

As a student at West Virginia Wesleyan College, I am thoroughly concerned with the condition of our state's schools. One may think I lack the life experience to speak on such things as huge educational changes, but I can say I think I (and people my age) can speak for the educational system better than most adults, simply because I am in it right now.

While WVWC is a private college, I know many people (friends and family) who attend public elementary, middle, and high schools, as well as colleges. Much of my family has taught in West Virginia schools, as well. My sister, in fact, attends George Washington High School in Charleston.

I hope you look around the West Virginia school system and ask why these bad things are happening, and how can they be improved Unfortunately, GWHS and many other high schools (whose students' actions have spoken for the quality of education and discipline they receive there) are not the best environments for, well, education and discipline. Sometimes, money is misappropriated and classes end up with too many supplies, wasting dollars that could have been better spent. Drug use abounds, as does bullying and fighting.

I hope you look around the West Virginia school system and ask why these bad things are happening, and how can they be improved.

Why aren't uniforms a mandatory requirement for West Virginia schools? They are ultimately cheaper than "street clothing," especially by the standards of many of the popular brands. They allow focus to be redirected from fashion to discipline and education.

What are the negatives of uniforms in public schools? Loss of individuality and expression? If so, then I daresay that if a student has trouble expressing themselves without the means of fashionable clothing, then they will be hard-pressed to do it in any other manner.

I hope you look around the West Virginia school system and ask why these bad things are happening, and how can they be improved.

If anything, uniforms promote expression in all fields of academia and athletics, by focusing the mind of the student onto something more important than what they're wearing.

I believe making uniforms mandatory in West Virginia schools is the first step of many toward making the system more disciplined, as well as emphasizing good values (education, discipline, athletics, focus, true individuality) while de-emphasizing bad vices (the belief that clothes "make" a person, gang colors, taunting due to clothing, lack of focus).

If there is anywhere I can make my voice better heard, or anything else I can do, I ask The Legislature readers to please let me know. 

My e-mail address is sratava@gmail.com.

Briscoe is a 2004 graduate of Charleston Catholic High School. He is majoring in biology at West Virginia Wesleyan College.

Editor’s Note: A legislative subcommittee considered revising current legislation regarding student uniforms last year. No revisions were made, however.

 

LAST WORD

Elected officials must become counselors during crises

Comparing Bush’s response to Katrina versus Manchin’s response to Sago

By Robert Rupp, Ph.D.

The trend in expectation of the public role for elected officials can be summed up in one word: “More.”
Over the years we have increased our expectation regarding the public presence in general and the role of counselor in specific for all elected officials including school board members and county superintendents.
All officials need to be aware that their presence at an event is not just logistic, but symbolic.

The twin disasters at New Orleans last year and here in Upshur County at Sago this month provide examples of how officials can and cannot meet this increased expectation by the public of their government officials.

President Bush’s reaction to Hurricane Katrina provides a negative case study. His failure to fulfill the public mood was surprising for a president who ran on the twin themes of likeability and leadership. In contrast Gov. Manchin’s response to the Sago Mine disaster was more positive.

1. Response
The president delayed going to the event. When notified of the hurricane and levee break he remained at his ranch on vacation. Extraordinary disaster did not prompt action or change in ordinary plans.

Gov. Manchin went quickly to the event. Upon the hearing the news of a mine disaster, Manchin left immediately, but he left the Sugar Bowl festivities. It was not just when he left, but what he left. While lives were in the balance, he was not going to be seen in the stands celebrating a game. Moreover he left with two CNN reporters, which provided pictures of his dramatic exit from Atlanta.

2. First contact
The president made it worse by first viewing the event from a plane. In the most-damaging photo of his presidency, the president had his picture taken looking at New Orleans from Air Force One. His fly-over of the disaster and his look out the window provided visual evidence that he was literally and symbolically above and removed from the people.

In contrast, the governor was at the site and with the miner families. The public saw Gov. Manchin at the church in a jacket involved one-on-one, listening and hugging. It was not a drop-in photo session. He also became the point person for information (which would later lead to problems).

3. Context
Context is everything. As I was advised, never go to the football banquet unless you went to a couple of football games. The public knows where you are coming from. In the case of the president the public knew his disdain for watching the news and his reliance on briefings by his staff.

Thus while millions of Americans were glued to the television sets, the president was not. It can be argued that he had other priorities than adopt the 24-7 focus of many Americans. And it can be argued that he knew as much and more of the details but was lacking the visceral images seen on television.

The president’s aides realized his vulnerability on this point and they prepared highlights of newscasts so he could see what millions of Americans saw. This blunt awkward attempt to play catch-up only drew attention to the problem: How does the president keep in touch with the nation?

Manchin’s action as counselor was all the more dramatic and effective given his past association with coal mine disasters. His loss of an uncle in the 1968 Farmington tragedy gave his words intensity and credibility.
That kind of connection with the victims was lacking when the president, on his first visit to the Gulf, talked with Mississippi Senator Trent Lott about Lott’s loss of his summer home along the coast.

Advice

1. Watch your information. Never appear to know less than the public.
 It would be nice if all executives would say, “Don’t just tell me what you did right, tell me about what you did wrong.” I have never heard an appointed official on any governmental level tell his boss that things are going badly. The tendency of all employees is to defend their actions even if it is like the captain of the Titanic citing the fact that his ship avoided 68 icebergs on the night in question.

The president was briefed by bureaucrats -- always a dangerous situation. Hence I’m sure that the FEMA director, Mike Brown, informed the president about the positive numbers, such as the number of blankets available, the food packets distributed, etc. The result was the worst sound bite in his presidency, “You’re doing a heck of a job, Brownie.” This was an opinion that would be contested by millions who watched the television that week.

2. Watch your information. Until verification, make all announcements conditional.
Part of the tragedy at Sago was the release of false information that led to hours of false hope. Although he made no official statement, the governor’s “miracles” statement appeared to verify incorrect information that 12 miners had survived. Since he was an unofficial information source at the site and the most visible public official there, his response was cited as the second source the media needed.

3. Understand that playing catch-up is hard.
When the next hurricane came, the president was ready. Dressed in a jacket, he was seated at SAC command, the storm caused traffic jams but not catastrophe, so the president could do or show little.

4. Admit mistakes and accept responsibility.
Both the governor and president were late, but the president waited weeks before accepting blame. It is unfair and often inaccurate, but the public accepts what Harry Truman believed: The “buck stops at the top.” The sooner an official admits responsibility, the quicker he or she can explain why things will be better next time.

Remember that even Queen Elizabeth almost lost her throne when she remained publicly unresponsive after the tsunami of emotion that followed the death of Princess Di. It may be unfair but it is public fact that all officials in times of crisis must accept the role of counselors.

Rupp is a political historian professor at West Virginia Wesleyan College in Buckhannon. He also is a formerUpshur County Board of Education member and president of the board.

ADMINISTRATIVE PERSPECTIVE

By Martha Dean, Ed.D.

Editor’s Note: Dr. Dean’s Administrative Perspective will be provided in the Jan. 20 edition of The Legislature.

Resources

 

Deadlines for County Board Personnel Actions

(Always consult appropriate statutes for details)

On or before Jan. 17, 2006, the county board must post current seniority lists for each service employee classification.  West Virginia Code § 18A‑4‑8g(c).

On or before Feb. 1, 2006, any classroom teacher may give written notice of year-end retirement to qualify for the $500 early notification of retirement payment.  West Virginia Code § 18A-2-2(g).

Before April 3, 2006, a service employee’s continuing contract may be terminated by unilateral written resignation of the service employee.  West Virginia Code § 18A‑2‑6.

Before April 3, 2006, a service employee’s continuing contract may be terminated by a majority vote of the full membership of the county board, the termination to take effect at the close of the school year (as in a reduction-in-force).  West Virginia Code § 18A‑2‑6.  (See the statute for notice and hearing requirements which precede the vote.)

Before April 3, 2006, a teacher’s continuing contract may be terminated, effective at the close of the school year, by unilateral written resignation of the teacher.  West Virginia Code § 18A‑2‑2(c).

On or before April 3, 2006, a teacher’s continuing contract may be terminated by a majority vote of the full membership of the county board, the termination to take effect at the close of the school year (as in a reduction-in-force).  West Virginia Code § 18A-2-2(c).  (See the statute for notice and hearing requirements which precede the vote.)

On or before April 3, 2006, the superintendent of schools must provide written notice to professional and service employees who are being considered for transfer.  West Virginia Code § 18A-2-7(a).  (See statute for time within which any statements of reasons must then be given and any hearing requests must then be made.)

On or before May 1, 2006, the superintendent of schools must provide the county board with a written list of all probationary teachers and probationary service personnel the superintendent recommends to be rehired for the next school year. The county board must act upon the superintendent’s recommendations at the same meeting.  West Virginia Code § 18A-2-8a.  (See statute for requirement of subsequent notice to probationary employees not listed and for provisions regarding subsequent hearings.)

On or before May 1, 2006, the county board must conduct a hearing for any employee who has requested one regarding a proposed transfer, and the superintendent of schools must furnish the board with a written list of teachers and other employees to be considered for transfer for the ensuing school year.  West Virginia Code §§ 18‑5‑4(a) and 18A‑2‑7(a),(b).  (See statutes for requirement of subsequent notice to such employees.)

On July 3, 2006, the county board must compile, update and make available by electronic or other means to all employees a list of all professional personnel employed by the county, their areas of certification and their seniority.  West Virginia Code § 18A-4-7a(s).

If, before Aug. 1, 2006, the reason for a particular employee reduction in force or transfer no longer exists as determined by the county board, the board must, with certain exceptions, rescind the action under the special rules of West Virginia Code §§ 18A-4-7a(j)(4) or 18A-4-8b(k).

On or before Sept. 1, 2006, the county board must (again) post current seniority lists for each service employee classification.  West Virginia Code § 18A‑4‑8g(c).

Source: Bowles Rice McDavid Graff & Love Education Group (www.bowlesrice.com).
November 2005

Even Start RFP application available

A request for proposal is now available to county boards and community programs that wish to start an Even Start project in their counties. Even Start is a family literacy program that combines early childhood, adult basic education, parenting, and parent and interactive literacy activities.

Federal funding for the first year can comprise up to 90 percent of the total budget. For more information, contact Cathy Jones, West Virginia Department of Education Early Childhood/Even Start coordinator, at 304-558-8098 or e-mail her at ctrjones@access.k12.wv.us. The RFP Application is available at http://wvde.state.wv.us/tt/2005/RFP-even.doc .

2006 LEGISLATIVE CALENDAR

 

• 1st Day – Jan. 11: Second Regular Session 77th West Virginia Legislature Convenes/State of the State Address. (WV Const. Art. VI, §18)
• 20th Day – Jan. 30: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)
• 41st Day – Feb. 20: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. Does not apply to Senate resolutions or concurrent resolutions. (Senate Rule 14)
• 45th Day – Feb. 24: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. Does not apply to House resolutions or concurrent resolutions. (House Rule 91a)
• 47th Day – Feb. 26: Bills due out of committees in house of origin to ensure three full days for readings.
• 50th Day - March 1: 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 11: Adjournment at Midnight. (WV Const. Art. VI, §22)

From West Virginia Legislature, West Virginia Association of Counties, West Virginia School Boards Association

Miscellaneous

In Sympathy

Sincerest sympathy is expressed to the family of Barbour County Schools Superintendent R. Matthew “Matt” Kittle and family in the recent death of his wife, Dawne June Jones Kittle. Expressions of sympathy may be forwarded to R. Matthew Kittle and family, Route 2, Box 71-H, Philippi, WV 26416.

SOUNDBITES

“It has been a difficult week in our state. Just seven short days ago, we lost 12 hard-working and brave West Virginians; men who left their homes each day knowing the inherent difficulty and danger of the jobs they performed and men who were proud to provide for their families, proud to be a West Virginian and proud of the energy they produced to keep America strong.” – Gov. Joe Manchin in opening remarks of his 2006 State of the State address.
 “We are tested to death.” – Del. David Perry, D-Fayette, discussing a proposed interim subcommittee report Jan. 9.

“If you [students excluded from school] are out on the street unsupervised, you have access to a lot more drugs and alcohol. If you are out of school, you’ll never make up those 10 days’ [school exclusion] and you will fail.” – Del. Sharon Spencer, D-Kanawha, commenting on students being excluded from school.

“We expect this intervention to be short-lived. I also intend to involve the local board in the superintendent search. Hampshire County Board members will still retain control of certain local functions in the operation of the school system.”  -- State Superintendent Steve Paine discussing the state board’s intervention in Hampshire County.

Wisdom

“If I had six hours to chop down a tree, I’d spend the first four hours sharpening the ax.” – Abraham Lincoln

 

Meanwhile in Florida…

Members of several teenage soccer teams attending a Disney tournament in Orlando got an unexpected education when their hotel hosted a New Year’s Eve party for 200 spouse-swapping “swingers.”

Outraged parents of the teens said partygoers wore skimpy clothes in the halls, pawed each other in the elevators, cavorted naked in the ballroom, with several women “flashing” the teens and their parents.

“We thought we were coming to Orlando, not the Las Vegas strip,” said Mark Gilbert, father of one of the soccer players.

From The Week, Jan. 13, 2006