News

First Lady Gayle Manchin to provide Winter Conference keynote remarks; School funding proposals major programmatic focus for Feb. 22-23 meeting

By Sally Cann

As West Virginia School Board Association president I am pleased to invite you to the association’s Winter Conference Feb. 22-23 in Charleston at the Town Center Marriott Hotel.

At 1 p.m. Friday, Feb. 23, First lady and State Board of Education member Gayle Manchin will be keynote speaker. Mrs. Manchin is one of the most energetic and focused West Virginia first ladies, having a wide span of commitments from volunteerism and literacy to child welfare and public education.

We will provide transportation to the Capitol beginning at 8:45 a.m. Friday, Feb. 22, so you can visit legislators. As in the past, you are responsible for making your appointments and other arrangements with your legislators. Rather than the annual reception, we will provide box lunches for legislators. We need volunteers to provide assistance at the “lunch stations.” If you are able to help, contact Shirley Davidson, administrative assistant at sdavidson@wvsba.org.

She will talk about the administration’s plans for public education and her ideas about schooling, students, educational governance and similar topics.

Her presentation will be followed by a panel discussion on the state Public School Support Program or state School Aid Formula (SAF). By then, legislative discussion is expected to be under way.

We will provide transportation to the Capitol beginning at 8:45 a.m. Friday, Feb. 22, so you can visit legislators. As in the past, you are responsible for making your appointments and other arrangements with your legislators.

Rather than the annual reception, we will provide box lunches for legislators. We need volunteers to provide assistance at the “lunch stations.” If you are able to help, contact Shirley Davidson, administrative assistant at sdavidson@wvsba.org.

Additional conference programs will include two open forums – one strictly dealing with legislation and the other “participant-lead.”

We will end the conference with a mock board meeting where members and superintendents will portray the Mountain County Board of Education and problems with delegations. Any volunteers to play the role of board members or others in the mock meeting? We will use this format to discuss a recent Ethics Commission opinion concerning how public entities are to consider input from delegations. We have two really good presenters – our own Howard Seufer Jr., association counsel, and WVEC Executive Director Lew Brewer

Conference activities Saturday, Feb. 23, will include a session relating to health and nutrition. I will be presenting that session along with WVBE member Barbara Fish of Wood County.

We will end the conference with a mock board meeting where members and superintendents will portray the Mountain County Board of Education and problems with delegations. Any volunteers to play the role of board members or others in the mock meeting? We will use this format to discuss a recent Ethics Commission opinion concerning how public entities are to consider input from delegations. We have two really good presenters – our own Howard Seufer Jr., association counsel, and WVEC Executive Director Lew Brewer.

The program adjourns at noon.

I want mention two other matters: The February Executive Board meeting will be at 7 p.m. Thursday, Feb. 21, at the Charleston Marriott. The FY09 annual business meeting will be at 8 a.m. Saturday, Feb. 23. We will elect executive officers and regional officers. More information will be announced next week.

As association president, I look forward to seeing you in February if not sooner.

Sally Cann of Harrison County is president of the West Virginia School Board Association.

Wide variety of education bills on legislative committee agendas, including proposal prohibiting dismissal of bus operators with diabetes

A House Education subcommittee began work Thursday on a proposal relating to House Bill 4059.

That measure as introduced would prohibit school bus operators from being dismissed, denied jobs or being considered ineligible for employment, based on their having diabetes mellitus requiring  insulin usage.

These individuals would have to be under medical care for the condition, adhering to “all treatment prescribed by their physician(s) for the disease.” They also would have to meet federal Commercial Driver’s License requirements.

Bob Brown, West Virginia School Service Personnel executive director, told subcommittee members his organization is concerned bus operators will be dismissed from their jobs if telling supervisors or county transportation directors they have diabetes or borderline diabetes.

According to Brown’s research, bus drivers have been dismissed because of having diabetes.

Ben Shew, West Virginia Department of Education transportation director, while acknowledging bus operators with diabetes could perform those services and still meet state department transportation guidelines, said regulations should be designed so officials  will receive regular reports verifying drivers are receiving proper medical treatment.

Shew said, however, that state department officials do not want to collect information that would violate federal health laws such as the Health Insurance Portability and Accountability Act (HIPAA).

Brown – “Don’t load it up on medical reporting guidelines”

Brown, however, urged subcommittee members not to “load it up (medical reporting guidelines) to the point it becomes discouraging to bus operators.”

Other individuals addressed the issue, including Del. Margaret Anne Staggers, D-Fayette. Staggers, a physician, is one of nine bill sponsors. Explaining medical variances between early onset and late onset diabetes, she argued that diabetics who regularly take insulin should be allowed to operate buses as long as they maintain medical routines or other prescribed health regimes.

In answer to an inquiry from Del. Louis Goff, D-Raleigh, Staggers said hypertension also could pose a problem in one’s ability to operate a school bus. Goff said he was illustrating that other diseases also could affect bus operators and that many people forego treating high blood pressure or may even be unaware they have that condition.

Federal regulations prohibit insulin dependent school bus drivers from crossing state lines

Representatives of the state Division of Motor Vehicles (DMV) were more hesitant about embracing the proposal, saying federal CDL laws would preclude truckers having diabetes from obtaining a CDL, although Doug Thompson, Manager of Drivers’ Services, said waivers can be granted under state laws and guidelines for bus operators.

Federal laws would prohibit a bus operator who is “insulin-dependent” from driving a bus across state lines, according to a Division of Motor Vehicles official addressing a House Education Subcommittee.

He also cited a national study of commercial truckers, saying although only three years’ data was collected, some diabetic drivers found themselves in dangerous situations given complications of the disease. Referring to findings generally, Thompson said the study was to continue. 

He said federal laws would prohibit a bus operator who is “insulin-dependent” from driving a bus across state lines.

The subcommittee will continue deliberations on the bill next week.

HB3220, an identical measure died in the Senate Education Committee last year.

Driver’s license and grades among items before committee

Subcommittee Chairman Larry Williams, D-Preston, outlined other bills the  group is to consider including county health department inspections of school bathrooms; establishing a secure residential facility for juveniles; examining alternative education issues as well as continued deliberations on the governor’s proposal that ties teenagers’ driver’s licenses to academic achievement.

Howard M. O’Cull, Ed.D., West Virginia School Board Association executive director, spoke about the bill. He said based on last week’s committee discussions several “pathways” can be found in the State Code that would link the drivers’ license provisions to disciplinary infractions. He cited the 2002 “dangerous student legislation” as well as legislation which relates to “anti-hazing” and “bullying.”

He argued each of the codes has written notification provisions, reportage sections and various types of appeal and due process.

O’Cull maintains the advantage of using existing laws is that “structural elements” are in place relating to policies and procedures. Some are set by the state board of education with local requirements so existing guidelines could be modified to meet goals.

Teachers would receive $100 for discretionary use in buying classroom supplies. They currently receive $50. The Faculty Senate allotment for teachers would remain at $200

He said he was not speaking on behalf of the association, but that he had given considerable thought to the issue, especially in terms of new mandates which might be borne by principals, school administrators and superintendents.

Williams said the subcommittee will continue to consider proposals relating to the bill, House Bill 4023. He urged other interest group representatives to provide ideas or proposals to the subcommittee.

In other subcommittee action Thursday, teachers would receive $100 for discretionary use in buying classroom supplies. They currently receive $50. The Faculty Senate allotment for teachers would remain at $200.That proposal may be considered by the full committee next week.

Legislation that did not make it last year shows up agenda

In other action, the Senate Education Committee Tuesday revisited two pieces of legislation it had approved last year, but did not make it through the 2007 legislative process.

The first measure, Senate Bill 57, would allow county boards of education to enter into lease-purchase agreements for land, buildings and equipment.

Under proposal terms, if a “building is or has been constructed for providing a school through a lease-purchase agreement,” the county board would be, as required by current law, abide by the state’s prevailing wage rate guidelines.

Bill sponsor Sen. Jon Blair Hunter, D-Monongalia, said the Monongalia County Board of Education had asked him to sponsor the legislation after MCBOE officials had been approached by parties interested in building school facilities, based on the proposed statutory arrangement.

While there were few questions regarding the proposal, Sen. Erik Wells, D-Kanawha, wanted to know “who” would be responsible for maintaining facilities built under terms of the bill’s provisions. Senate Education Counsel Hank Hager said that would be worked out between the parties in signing lease-purchase agreements.

Hager also told Senate Education Committee members SB57’s primary objective is to give “explicit authority” for county boards to enter into facility arrangements, noting school districts can enter into lease-purchase arrangements. 

Several years ago, the Legislature granted county boards authority to enter into energy management contracts.

Senate Bill 84, identical 2007 legislation, was not reported out of House Education Committee last year after having passed the Senate.
The measure has been referred to Senate Finance Committee.

Committee adopts proposal on elementary school uniforms

The committee also adopted SB65 which would provide a “school uniforms incentive plan pilot project.”

The bill was approved with little discussion, although Sen. Donna J. Boley, R-Pleasants, inquired whether some provisions would allow the 10 schools receiving the “pilot funds” to use the moneys for other reasons.

Boley cited a provision which, in addition to uniforms, would allow funds to be used for such things as improving school safety, refurbishing playgrounds, enhancing “student behavior,” increasing academic achievement, improving “self-esteem” and to address the problems of “at-risk students.” 

Hager said, in response to Boley’s question, that it appeared the funds, which could be expended only upon “approval of the school principal,” could be used for these purposes, although the legislation’s primary intent related to school uniforms.

One-hundred thousand dollars would be allocated statewide for distribution by the state school board for the program. “Only elementary schools” could “apply” for funds.

That measure was referred to Senate Finance Committee.

Senate Bill 165 did not pass in the House of Delegates during waning hours of the 2007 regular session.  Its provisions were similar to Senate Bill 65. 

House action includes bill on pay upgrades for bus drivers

Meeting Tuesday, the House Education Committee approved a measure that would allow bus drivers who have at least 20 years’ service a “step up” to a proposed bus operator II position.

The bill is House Bill 3045.

 David Mohr, HEC counsel, said that bill would affect 657 current bus operators. He said the measure has a $466,339 fiscal note, based on an additional $52 per month pay increase for each bus operator II.

The bus operator II step would be paid for entirely from state funds, unless county boards provide a salary supplement to bus operators, according to Mohr.

Under terms of the bill, the bus operator II would be receiving pay grade E pay. What bus operators currently receive is under a pay grade D salary schedule.

Brown told HEC members the bill is a “much-needed piece of legislation” in that other school service personnel such as cooks, custodians and secretaries have “step-ups” in pay, based on duties or years of service.

HEC Vice Chairman Brady Paxton, D-Putnam, one of the bill sponsors, reiterated Brown’s comments. Paxton said the legislation would do much to “lift the spirits” of bus operators, given the “step-ups” other school service personnel receive.

The bill did not make it through the House Finance Committee last year.

The third measure adopted by the committee essentially severs the administrative ties between Shepherd University and Blue Ridge Community and Technical College.

The bill was considered last year, but did not pass in House Education.

In regard to HB3045, Del. Ricky Moye, D-Raleigh, inquired as to whether he, as school bus operator, should vote on the bill. Chairwoman Mary Poling, D-Barbour, responded that he should because under House Legislative Rule §49 he would be part of a “class” of individuals rather than benefiting from the bill’s provisions personally.

SBA director says school ingress and egress a priority

At Monday’s HEC meeting, the committee received presentations from Mark Manchin, Ed.D., executive director of the School Building Authority.

Manchin, as with his presentation to Senate Education Committee, discussed a proposal to leverage some of the $19 million the SBA receives annually toward a long-term school facilities plan for the state.

Manchin also discussed legislation approved in 2007 relating to the School Access Safety Act. In answer to a question by Del. David Perry, D-Fayette, Manchin said most county boards used federal “Drug and Safe Schools” funds which they receive from the state Department of Education to fund a 15 percent match required to receive SASA funds.

Sherry Grogg, SBA staff member, told Perry the authority will ask county boards to identify where matching moneys were derived locally.

As with Senate Education Committee, Mark Manchin reiterated that the school ingress and egress issue remain the SBA’s priority for a second $10 million in school safety funds which Gov. Joe Manchin has requested, based on an inquiry by Perry concerning priorities for the funds.

In answer to a question from Del. Lynwood “Woodie” Ireland, R-Ritchie, Mark Manchin said the SBA does not draw interest on its funds.

“We’re not in the business of saving; we’re in the business of building schools,” Manchin said.

State school superintendent says more demanding standards key to improved learning

Steve Paine, Ed.D., state superintendent of schools, also addressed the committee Monday, providing a review of WVDE salary requests and major improvement projects.

He highlighted several WVDE initiatives and briefly discussed an annual national report which gave West Virginia, when various of its components are aggregated, a “B-,” although Paine said, as he has on other occasions, that the state received an “F” in terms of K-12 student achievement.

He said that “grade” will change when more rigorous academic standards begin to kick in. Paine said the Westest developed a few years ago is not rigorous enough to meet the National Assessment of Education Progress (NAEP) standards and that the Westest, as originally designed, was aimed at the state doing well on federal No Child Left Behind Act (NCLB) assessments.

Paine made several other points, noting the state has a 16 percent reduction in the number of professional educators allowed in the state’s Public School Support Plan (PSSP), meaning a loss of 4,041 professional educator positions.

Similarly, WVDE calculations show a 16.1 percent decrease in the number of school service personnel allowed by PSSP provisions or 2,377 positions.

The State Superintendent highlighted several WVDE initiatives and briefly discussed an annual national report which gave West Virginia, when various of its components are aggregated, a “B-,” although Paine said, as he has on other occasions, that the state received an “F” in terms of K-12 student achievement.

Paine also stressed there had been 28.1 percent decrease – 538 positions -- in administrators who were “eligible” to be funded through the PSSP.

As part of the WVDE presentation, Joe Panetta, director of the Office of School Finance, told committee members the positions were funded on basis of student enrollment which he said has increased about 1 percent during the last four years but which may be leveling. According to Panetta, WVDE officials base most of the increases on the state’s educational programs for four-year-olds which the Legislature adopted in 2004.

Elaborating on those statistics, Del. Richard Browning, D-Wyoming, told HEC members that in terms of dollars for public education the actual percentage of moneys “going” to public education has dropped to about 44 percent of the state’s General Revenue Budget over the past 16 years. Paine agreed.

According to Browning, the current amount of moneys “going” to public education, as illustrated by administration calculations, includes dollars for Public Employees Insurance and repayment of Teachers Retirement System (TRS) unfunded liability among other items.

The state superintendent also briefly discussed the WVDE and state board of education’s 21st Century Skills Initiative, especially its training and technology aspects.

Paine was named state superintendent of schools in 2005. Under his tenure the state has received considerable acclaim for the 21st Century Skills program. Several program components involve joint efforts with the governor’s office.

Note: Thursday’s Senate Education meeting will be covered in the Feb. 1 issue of The Legislature.

 

Governor says he's offering teachers more than 3 percent

Gov. Joe Manchin says teachers would actually get a 5.5 percent pay raise if state lawmakers approve his proposals this legislative session.

A few hundred teachers, members of the West Virginia Education Association, rallied at the state Capitol Monday. Part of their cry was against the governor's 3 percent pay increase for teachers they say it's not enough.

The governor reacted in a news release saying the pay hike is really 5.5 percent.

"I'm not convinced the public or even most teachers understand that our budget includes additional classroom teacher pay increases to approximately 5.5 percent," Manchin said.

The governor's plan starts with 3 percent for all professional educators, classroom teachers would receive an additional 1 percent and the governor is also advocating the local share money left from the School Aid Formula be put toward raises. He says that could amount to another 1.5 percent for teachers.

Manchin said that package would result in "a fair and substantial increase in their base pay. This is a well-deserved increase for our teachers and an amount that's fiscally responsible and fair to all taxpayers."

Source: MetroNews.

 

Administrative Perspective

Teachers take pay raise issue to Capitol in lobbying efforts

By Martha Dean, Ed.D.

We are in our third week of the legislative session and it started out with a lot of noise Monday. Both the Veterans of Foreign Wars and the West Virginia Education Association were on hand to lobby the Legislature.

The veterans began first, but soon gave it up after the teachers and WVEA members started chanting: “5 percent is not enough!” I listened to several speakers and the theme was that the raise was not enough to bring the ranking of West Virginia out of the doldrums.

We are now 48th among the states and the goal is to have West Virginia somewhere in the middle of the states’ rankings.  It was bitterly cold outside so the rally moved inside to the first floor of the Capitol. Many teachers stayed and visited with legislators.

Bills continue to be introduced as the number was up to number 4,126 by Wednesday in the House and number 326 in the Senate. In the House, six bills have been passed and referred to the Senate. None of these bills are education bills. The bills are:

House Bill 2020. Requires mine operators to provide notice of hazardous chemical substances and lead exposure to its employees.

HB2104.  Ensures victims’ rights to testify at sentencing in criminal cases.

HB2412. Prohibits persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle.

HB2503. Authorizes the Division of Motor Vehicles to issue an identification card to West Virginia residents who possess a valid driver’s license.

HB 4010. Removes the limitation on terms for members of the board of library directors.

HB 4038. Allows the Division of Labor to promulgate rules to license elevator workers.

These bills are now in the Senate for further action.

In the Senate, only three bills had been passed and communicated to the House.  Again, none are education bills.

Senate Bill 271. Supports the efforts of the Town of Matewan to obtain National Park status for the Matewan Historic Landmark District.

SB 272. Clarifies “telemarketing solicitation” definition.

SB 273. Removes references to repealed statutes concerning County Commissions and officers.

These bills are now in the House pending further action.

The state Board of Education has not yet taken action to limit drinks and snacks in the schools to only “healthy” ones.  There have been bills introduced in both the Senate and the House to do so. The Senate Bill is SB222, introduced by Senators Prezioso, Stollings, Foster, Jenkins, Caruth, and Sprouse. The bill permits the sale of “healthy beverages and health snacks,” as defined in the bill. 

A healthy beverage means water, 100 percent fruit and vegetable juice with no added sugars, flavored or unflavored nonfat, low fat milk.

As stated in the bill, “Fruit and vegetable juices portion sizes should be limited to no more than four ounces for elementary students and no more than eight ounces for middle or high school students per product or package.” 

Coffee or caffeine containing products are prohibited. 

According to the bill, “Nutritional snacks means fruits, vegetables, cheese, yogurt, grain foods containing whole grain as the first listed ingredient, nuts and/or seeds.”

Calories are to be limited to no more than 200 per product or package.  Fat is to be limited to no more than 35 percent of calories per product or package, excluding nuts, seeds or cheese. Saturated fat is limited to less than 10 percent of total calories. Trans fat is limited to 0.5 grams per package or product. Sugar content is limited to no more than 35 percent of calories per product excluding fruits. Finally, sodium is limited to no more than 200 milligrams per product or package.

 

State Board Policy

Most disagreement with the West Virginia Board of Education’s policy, which would accomplish many of the same things, as the above legislation, comes from school principals who say they need the money produced by the current soft drink and snack sales. 

There is a belief among some educators and administrators that students will buy whatever is in the machines. Thus, profits should not be reduced.  Regardless, it certainly might be better to try to comply voluntarily and see what the financial impact is. 

Some senators and delegates believe schools should not allow the students to buy soft drinks or unhealthy snacks at school.

Among the active bills is HB3215, passed out of House Education Committee Tuesday. This bill would remove the administrative link between Shepherd University and Blue Ridge Community and Technical College. 

Also passing out of House Education Tuesday was HB3045. This would add a new pay grade classification of “bus operator II” for bus operators who had been on the job at least 20 years. It would mean a raise of $50 per month. The bill goes to Finance Committee for a second reference.

House Education has formed several subcommittees. Two of these met Thursday afternoon. At 1 p.m., Subcommittee E met and considered HB4125 which would increase the amount of Faculty Senate funds given to each teacher or librarian in a school from $50 to $100. The total amount of money for the Faculty Senate would remain at $200, but only $100 would be placed in the budget of the Faculty Senate as a whole. 

Del. Stan Shaver, D-Preston, chairman of  Subcommittee E, kept the lively discussion moving as the original bill was passed several years ago when one could buy classroom supplies for $50. 

The bill was passed out of subcommittee and will be considered by the entire committee as early as next week. Because there is no change in the total amount of money needed to meet the provisions of the bill, they will probably dispense with the second reference to the Finance Committee.

Subcommittee B, Del. Larry Williams, D-Preston, as chairman, met at 2 p.m. The first bill it considered was HB4059 which would allow a bus driver who must take insulin for his/her diabetes to continue to drive a bus.

There was a lot of discussion, but Del. Margaret Anne Staggers, D-Fayette,  a licensed physician, attended the meeting and explained the medical difference between early on-set and late on-set diabetes. 

Division of Motor Vehicles representatives also explained their office could issue a waiver if the medical condition and care warranted it. Ben Shew, West Virginia Department of Education transportation director, was also there and expressed interest in having some rules and regulations promulgated to make sure that no child was placed in jeopardy. Although no vote was taken, the bill will be worked on to establish controls and will probably go to the full committee later. 

I’ll keep you posted!

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

 

WVSBA Briefs

Members urged to receive The Legislature in electronic format

County board members are urged to receive The Legislature electronically. This approach eliminates copying, handling and postage costs, according to Association Executive Director Howard M. O’Cull, Ed.D.  O’Cull explained that the publication is available in an HTML format and that, as opposed to the past, does not require Adobe Reader or PDF.

Regarding the Monday “bill edition” of The Legislature, O’Cull said the HTML format provides a “direct link” to bills reviewed.

He also noted that the HTML format allows for forwarding the publication to others and for printing.

“We urge you to receive our flagship publication this way,” he said.

O’Cull added, however, that members will be served and receive the publication in either electronic or hard copy format.
“This is your – the membership’s publication – and we will ensure that you get each and every copy."

If you do not receive the publication by electronic means and would like that preference, contact Shirley Davidson, WVSBA Administrative Assistant: sdavidson@wvsba.org The telephone number is 304.346.0571.

 

Agenda for W. Va. School Board Association Winter Conference Feb. 22-23, 2008, Marriott Town Center Hotel - Charleston

Friday, Feb. 22

1:00  p.m. First Lady Gayle Manchin, Keynote Speaker

2:00  p.m. “The School Aid Formula: Past, Present, Future Considerations”

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

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

Question/Comment Period

Concluding Remarks

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

4:15 p.m. Adjournment

7 p.m. Participant  Discussions

Session I: General Topics

Session II: 2008 Legislation

Saturday, Feb. 23

7 a.m. Breakfast

8 a.m. Annual Business Meeting

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

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

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

Noon Adjournment
 
Note: According to WVSBA Administrative Assistant Shirley Davidson, 129 board members, county superintendents and administrators are registered for the conference. Registrations have not been received from 23 county boards as of Jan. 24. She urges members to contact county board executive secretaries in order to register for the conference. 

 

West Virginia School Board Association resolution opposes Senate Bill 225 and House Bill 4056

Note: a copy of the following Resolution, adopted by the West Virginia School Board Association Executive Board, has been forwarded to all legislators and to the governor’s office. County board members and superintendents also received a copy of the Resolution and are urged to contact legislators about use of freed-up local share dollars for local classroom teacher salary supplements. The Resolution reads:

Whereas, the Legislature of West Virginia at the regular session, 2007, enacted Senate Bill 541, relating to public school finance; and

Whereas, one purpose of Senate Bill 541 was to amend and reenact W. Va. Code § 18-9A-2, thereby reducing from 94 percent to 90 percent the county levy rate for general current expenses; and

Whereas, said reduction of the county levy rate for general expenses had the effect of increasing state aid to county boards of education; and

Whereas, Senate Bill 541, by its terms, neither mandated that county boards devote the additional state aid to any particular purpose nor restricted their use thereof; and

Whereas, evincing the Legislature’s intent that county boards exercise their reasonable discretion to use the additional state aid as they deemed fit to support the public schools, Senate Bill 541 enacted subsection (d) of W. Va. Code § 18-9A-2a; and

Whereas, subsection (d) of W. Va. Code § 18-9A-2a requires that each county using a rate of less than 98 percent to calculate the levy for general current expenses make a report to the State Board of Education on how the additional state aid was used, and requires the State Board to annually compile and transmit said reports to the Legislative Oversight Commission on Education Accountability; and

Whereas, it has since been reported in some quarters that the Legislature intended that counties expend the additional state aid produced by Senate Bill 541 solely to supplement the salaries of school personnel; and

Whereas, Senate Bill 541 contained no such mandate but, to the contrary, left it to the reasonable discretion of county boards how the additional state aid is to be expended to support the public schools; and

Whereas, county boards understand that they have such discretion to expend the additional state aid to address local needs and support initiatives that promote and support the public schools; and

Whereas, two bills introduced during the current regular session of the Legislature, Senate Bill 225 and House Bill 4056, would divest county boards of that discretion and mandate that 100 percent of such additional state aid be used solely to supplement the salaries of classroom teachers; therefore, be it

RESOLVED by the West Virginia School Board Association:

That in enacting the provision of current W. Va. Code § 18-9A-2 increasing state aid to county boards by reducing from 94 percent to 90 percent the levy rate for general current expenses, the Legislature intended to give county boards reasonable discretion in expending the additional state aid to support the public schools, and it was not the purpose or intention of the Legislature to require all county boards to expend the additional state aid solely to supplement the salaries of classroom teachers; and be it further

RESOLVED:

That in order to provide a thorough and efficient public education to West Virginia’s school children, local school boards must have the discretion to spend the additional state aid under Senate Bill 541 for pressing local needs and initiatives, and thus the West Virginia School Board Association does not support provisions of Senate Bill 225 and House Bill 4056 that would deviate from and constrict the intent of last year’s Senate Bill 541; and be it further

RESOLVED:

That a copy of this resolution, as adopted by the Association’s governing board, be provided to each member of the Legislature, the Governor, the members of the West Virginia Board of Education, and the State Superintendent of Schools.

 

West Virginia School Board Association 2008 Meetings Schedule

WVSBA Winter Conference
Feb. 22-23
Marriott Hotel, Charleston

 

WVSBA Orientation ’08
June 16-18
Waterfront Place Hotel, Morgantown

 

WVSBA Fall Conference
Sept. 12-13
Marriott Hotel, Charleston

Resources

Dolly Parton’s Imagination Library provides free books to children

The West Virginia Department of Education and the Arts has joined with the Dollywood Foundation to initiate Dolly Parton’s Imagination Library in the Mountain State.

With a commitment from families to read to their children, this program provides hardback, age-appropriate books each month to children age birth through five.

Country music star Dolly Parton began this program in Sevier County, Tenn., in 1996.  The Dollywood Foundation has since created a replicable program and offered it nationally and internationally. Education and the Arts secured enough funding from State Lottery revenue funds for a pilot program for five years in six counties designated by the Appalachian Regional Commission as distressed.

The Imagination Library program is operating in McDowell, Lincoln and Clay counties, with preparations to add Barbour, Webster and Mingo counties in 2008. In less than one year from its inception in June 2007, the program has mailed 8,413 books to children in its first three counties. Eventually, Imagination Library hopes to be implemented in all 55 counties in West Virginia.

   “This is a great start,” said Robin Taylor, program director.  “People are excited when they know free books are on their way to their children.”

The Imagination Library program is operating in McDowell, Lincoln and Clay counties, with preparations to add Barbour, Webster and Mingo counties in 2008. In less than one year from its inception in June 2007, the program has mailed 8,413 books to children in its first three counties. Eventually, Imagination Library hopes to be implemented in all 55 counties in West Virginia.

Within each county, Education and the Arts works with public libraries, school boards and child care organizations to reach children and their families. “Our county partners have been essential,” said Kay Goodwin, secretary of education and the arts. “They are magnificent allies. Having statewide interest and participation has been helpful, as well.  West Virginia WIC (Women, Infants and Children) has been an instrumental partner in each county.  We are very pleased that they plan to continue with us as the program grows into other parts of the state.”

In addition to encouraging adult literacy, the primary goals for the Imagination Library include:

• Helping parents read to their children by giving them books.
• Exciting children about reading as they receive a book a month sent directly to their homes.
• Giving children a solid foundation toward a successful education by creating in them a love for reading.

Source: West Virginia Department of Education and the Arts. More information regarding the Imagination Library is available at the Web site www.imaginationlibrarywv.org, or by contacting Robin Taylor at the Department of Education and the Arts, 304-558-2440, rtaylor@wvosea.org

 

2008 Legislative Calendar

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

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

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

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

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

50th Day – Feb. 27, 2008: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b).

60th Day - March 8, 2008: Adjournment at Midnight. (WV Const. Art. VI, §22)

Source: West Virginia Legislature

 

Commentary

Proposed funding formula change not perfect, but is improvement

By Doug Lambert

The current proposal to the reform the school funding formula is not a perfect proposal, but it does go a long way to address critical deficiencies contained within the current formula. 

Current recommendations came about after several years of study by the Legislature, with multiple opportunities for representatives of county school systems to attend interim meetings. 

The interim committees received testimony and recommendations from individual counties and researchers from West Virginia University and Marshall University.   

With regard to needs for small, sparsely populated counties, the current formula is primarily funded on a per student basis. The result is a vast an unfair scale and severely inadequate funding for counties below 1,400 in enrollment. Fourteen hundred is not a magic number, but it is the point when the current formula begins to fall apart. Counties below 1,400 enrollment started meeting several years to ago to share common concerns about insufficient funding.

The primary issues revolved around the inequities of scale associated with counties below 1,400 enrollment, the adjusted versus net enrollment issue as county special education counts declined within the state, difficulties with transportation and building operations funding, and the need for dedicated funding for counselors, nurses, and technology personnel.    

 

2008-09

With regard to needs for small, sparsely populated counties, the current formula is primarily funded on a per student basis. The result is a vast an unfair scale and severely inadequate funding for counties below 1,400 in enrollment. Fourteen hundred is not a magic number, but it is the point when the current formula begins to fall apart. Counties below 1,400 enrollment started meeting several years to ago to share common concerns about insufficient funding. We have seen firsthand how inadequate funding causes us to do without necessary programs or causes cuts in required services.  As any successful business person knows, any organization has fixed costs. County school systems face many fixed costs, regardless of how many students are enrolled. As costs such as bus drivers, energy, personnel to meet required class offerings, etc., increase, funding based strictly on enrollment is no match for those expenses. 

Many counties below 1,400 enrollment do without programs or personnel that larger counties have. Counties below 1,400 have seen firsthand how difficult it is to provide a thorough and efficient education. The lower enrollment and the more sparse the population, the more funding difficulties counties have. To illustrate the point, our neighbor to the southwest, Pocahontas County, has 1.28 students per square mile. Think about what your current county enrollment would be if your county had 1.28 students per square mile and how difficult it would be to balance the budget with that level of enrollment. 

It cost more per student to educate those in low enrollment, sparsely populated counties. We know that West Virginia ranks favorably in national rankings regarding relatively equal per pupil funding across counties. However, equity is not the same as adequacy. Funding for sparsely populated counties with low enrollment is far from adequate under the current formula.  Treat unequals unequally was the point stressed by our former superintendent Ken Price. 

The adjusted versus net issue is one that eventually will affect most counties within the state as special education counts fall below 20.5 percent. Counties should not have to identify an arbitrary number of special education students to maximize state funding. For the upcoming year, approximately half of the counties in the state will lose funding under this provision in the current school funding formula if it is not changed. Hardy County has been hit very hard by this issue.   Berkeley and Logan counties are two others. Additional counties will be affected as special education counts decline.

 
2009-10

Step 6a in the current formula provides funding for general current expense, including heating and utility costs, by taking a percentage of steps 1 and 2.  Steps 1 and 2 are allowances for personnel, which are based upon enrollment.  As enrollment declines, Step 6a does not come close to keeping pace with increased operating costs. This much needed revision to the formula will benefit most county school systems. Smaller revisions are being reviewed under transportation expenses. A key revision there would help counties now affected by a cap on transportation reimbursement. 

The third year of the proposal is a bit murkier as to the financial impact on counties. The third year truly needs to be evaluated with regard to potential benefits versus costs to counties. There is a need for dedicated funding for counselors, nurses, and technology integration specialists. It is unclear as to whether the third year proposal is the best way to fund this initiative.

 

2010-11

The third year of the proposal is a bit murkier as to the financial impact on counties. The third year truly needs to be evaluated with regard to potential benefits versus costs to counties. There is a need for dedicated funding for counselors, nurses, and technology integration specialists. It is unclear as to whether the third year proposal is the best way to fund this initiative.  

We support the notion that no counties should lose funding in this proposal. Whether it be a permanent hold harmless clause, or some other change to the proposal, school systems have enough challenges in the current educational climate without incurring loss of funding. 

We know this proposal is not perfect, but it is the most comprehensive and realistic attempt to truly meet the needs of school districts in West Virginia that we have seen in a long time.

Doug Lambert is superintendent of Pendleton County Schools.

 

Current school aid formula does not work well for smaller counties

By Rick Hicks

A proposal is under consideration in the Legislature to update the school aid formula with a lot of discussion as to who benefits. After months of testimony and a sincere attempt to investigate the complex issues of school funding, a proposal has been put forth at the Legislature which addresses a myriad many school funding concerns. In fact, it provides a much needed boost to almost all counties.

School funding in the state is entirely inadequate if it is our desire to move students into the 21st century. All counties in West Virginia need addition resources.

Counties have unique and different needs. Some counties are growing while others are losing student population. Some counties have higher property values than others. Some counties have an overflow of applicants for employment. Other counties have trouble finding one highly qualified applicant. Small rural counties must meet different challenges than large urban counties.

 

Current formula is based on enrollment

As most are aware, the current formula is based exclusively on student enrollment. The number of students enrolled in a county at the end of the second month of school is plugged into the formula to determine how much the county will receive.

 On the surface, this seems fair. After all, it should cost about the same to educate every student throughout the state. Actually, it does not. 

I would like to address the issue of small counties as it relates to funding based on student enrollment. Tucker County is a small rural county in north central West Virginia. We are known for beautiful scenery, national forests and ski resorts. We are proud of our county and its citizens. We have managed to make AYP at each of our three schools over the last three years and we continue to excel when it comes to moving into the 21st century.

Now for the downside:  We continue to be financially strapped. Each year about this time, our leadership team meets and starts talking about cuts. Last year we lost 50 students in our enrollment and we were forced to eliminate two English positions at the high school and a reading teacher at an elementary middle school. In the next three years we project additional enrollment reductions, all leading to reduced funding. It would be nice if all of those students were at the same grade level. Then, we would only have to cut grade level teachers. The students will be from all grades PreK – 12. There is no simple fix.

 

More problems evident in looking at formula

Additional problems result in funding steps in the formula which address transportation, facilities and maintenance. Being rural in nature, Tucker County has a number of roads which navigate into the far reaches of the county. Guess what? If there is a student at the end of the road, we have to run a bus to pick her/him up. We have to pick them up whether one or 20 students.

When funds are reduced, we cannot simply say to that child, “sorry about your luck” we can not transport you to school, nor can we reduce the temperatures of the buildings or turn off a certain number of lights if we lose students. It does get cold in Tucker County.

There is a base level of funding each county requires to function. The current proposal addresses this issue by suggesting a minimum level of funding by placing a floor of 1,400 students and using a formula which addresses the rural nature of the county. Establishing such a floor would ensure adequate funding for all county school systems below 1,400 students.

School funding is a complex issue and deserves a comprehensive review. Every educator should take a close look at current and proposed formulas to determine if they address needs. While I have focused on Tucker County, I realize needs are different in each of the other 54 counties. The current formula needs revised. Perhaps the proposal on the table can address significant issues and move West Virginia forward in the educational arena of the 21st century.

Rick Hicks is superintendent of Tucker County Schools.

 

ETC.

Meanwhile...in Utah – educators turning to independent organization

The Salt Lake Tribune reports that hundreds of state school workers have joined the Utah Council of Educators, a group founded partly out of frustration with the state’s National Education Association affiliate.

 Unlike the Utah Education Association, the council isn’t a union, won't do collective bargaining and pledges to spend members' dues only on state education issues.
   
The council and UEA have several positions in common, such as wanting to reduce class sizes and raise teacher pay. But they differ on some issues, including vouchers. The council wants the public to decide the issue and then work with the outcome. The Tribune reports the NEA provided $300,000 to fight vouchers in Utah.
   
The Association of American Educators joining with the 20 states having nonunion groups, reports several states, including Georgia, Texas and Missouri, has more members than those states' NEA-affiliates.
               
The Tribune reports the UCE hopes to have 1,000 members soon – about the same number as American Federation of Teachers in Utah. While lawmakers acknowledge the council’s growth, they said the UEA will remain powerful: “Part of the reason for that is just numbers. That’s political reality,” according to one state representative.

Source: The Salt Lake Tribune– Jan. 7, 2008.

 

Wisdom

 

Patience: A minor form of despair disguised as a virtue.  – (American satirist Ambrose Bierce 1842-1912, author of The Devil’s Dictionary)

Soundbites

 

“I’ve not come to kill Caesar…” – Del. Margaret Anne Staggers, D-Fayette, in answer to  question regarding whether she supported a bill that would allow bus operators having diabetes mellitus to drive a school bus. Staggers, a physician, is one of nine bill co-sponsors. Her remarks were made before a House Education subcommittee Thursday.

“We need to decide if it’s a problem…” – House Education Vice Chairman Brady Paxton, D-Putnam, in remarks concerning a bill – a legislative perennial – that would require county health departments to inspect school restrooms.

“It’s a common sense bill. We can be the sixth state to do it, or the 50th.” – Del. Danny Wells, D-Kanawha, discussing a proposal defeated in House Roads and Transportation that would have banned drivers from using hand-held mobile telephones. Del. Robert Schadler, R-Mineral, a bus operator, told committee members that while cell phone usage can be a “hazard on the road,” he feared the proposed legislation would interfere with bus operators’ use of radios to communicate while on bus runs.

“We’re not in the business  of saving; we’re in the business of building schools…”- School Building Authority of West Virginia Executive Director Mark Manchin, Ed.D., responding to a question by Del. Lynwood “Woodie” Ireland, R-Ritchie, concerning whether the SBA drew interest on state moneys its receives. Manchin made a presentation to House Education Committee Monday.

 

Last Word

County boards should be proactive in addressing 2008 school funding reforms; WVSBA role is to provide information, nurturing intra-association alliances

By Howard M. O’Cull, Ed.D.

A House of Delegates Education subcommittee headed by Del. David Perry, D-Fayette, is expected to begin deliberations next week on Public School Support System (PSSP) legislation.

The group’s work largely will be based on a proposal endorsed by the Legislature’s Joint Committee on Education during 2007 interim meetings.

Representatives of entities working to develop positions on the legislation are being presented with the proposition: Do we as an organization “support” or “oppose” this legislation? This question, of course, is a “take no prisoners” question. No matter one’s response – or non-response - he or she has “taken sides.”

Maybe it should be that way. Maybe all legislation should be seen in Manichaean terms: It’s either “yes” or “no.” Of course, it doesn’t work that way, and we can always privately or with great public display thank the powers that be, Heavenward on down, for the small favors that keep us as a state and nation from doing more harm to ourselves than we do through legislative enactments or the more frightful lobbying campaigns, ours often included. 

Maybe it should be that way. Maybe all legislation should be seen in Manichaean terms -- “yes” or “no.” Of course, it doesn’t work that way. We can privately or with great public display thank the powers that be -- heavenward on down -- for the small favors that keep us as a state and nation from doing more harm to ourselves than we do through legislative enactments or the more frightful lobbying campaigns, ours often included. 

The Legislature has been studying PSSP “reforms” earnestly since 2005. Some legislative PSSP funding revisions were made last year, including a reduction in local share funds which freed-up moneys for county boards.

Other reforms are proposed. They are listed below. By visiting the association’s Website – www.wvsba.org – you also can link to West Virginia Department of Education documents which outline the impact upon each county school board in terms of bill provisions. (The documents total about 30 pages and are available in PDF format only.)

Before delving into particulars, however, let’s look at how this legislation – more particularly how ubiquitous either for or against questions can affect organizations.

A  generation ago, county superintendents were caught in a political vortex regarding PSSP Step VII provisions – “The Foundation Allowance to Improve Instructional Programs.”

Superintendent was pitted against superintendent, with county administrators in neighboring counties at odds with one another because Statehouse politicians were trying and some succeeded to hijack Step VII distributions so they favored their county or legislative districts. While some persons said the issue did not become “personal,” those witnessing the scrapes and fracases know otherwise.

True, when occurring in the public arena, arguments over monetary policy – or distribution or redistribution of wealth – often are characterized by a kindly (rarely publicly hostile) verbal exchange between gentlemen (mostly gentlemen) as any civics book will state.

Privately, things may be different. Now we’re back to our superintendents of yore. To make a long story short, superintendents, through their association, eventually called it quits on the Step VII issue. They agreed, however begrudgingly for some, to live with a legislative/gubernatorial proposition which finally was proposed and accepted.

Given lessons learned from the late 1980s-early 1990s, the role of the West Virginia School Board Association is to empower its membership, largely “through” information, so that members themselves have a forum to mobilize support from other county boards, form loose intra-association alliances, and, armed with association-vetted information, work to ensure that the best comes from any proposed PSSP propositions.

ve an annual intra-association bloodletting in legislative committee rooms, superintendents accepted a cease fire, going about their business of running local school systems. That didn’t mean everything was hunky dory or that Kumbaya became the West Virginia Association of School Administrators’ (WVASA) anthem. It meant, however, that WVASA accepted a mature stance to the Step VII issue, letting legislators settle the matter, with individual superintendents providing input when called upon by lawmakers. (Blessedly – whether by divine intervention or not – an election or two in the mid-1990s quelled the Legislature’s effort to ply Step VII dollars to individual districts based on sheer politics.)

Given lessons learned from the late 1980s-early 1990s, the role of the West Virginia School Board Association is to empower its membership, largely “through” information, so  members have a forum to mobilize support from other county boards, form loose intra-association alliances, and, armed with association-vetted information, work to ensure the best results from any proposed PSSP propositions.

This approach does not amount to “issue-avoidance” nor is it cowardly. The stance is mature, forthright, and extremely transparent – and one that capitalizes upon membership largess, especially because county boards likely fall into three camps: Early adopters/supporters, opponents and the indifferent.

Given the above, as the House Education Committee begins to discuss PSSP legislation the association’s primary role is to keep members informed. The association has a position on many of the separate provisions the House subcommittee is considering -- a point that the organization can and will make.

Unless the association governing board alerts me otherwise, it’s not my role, position or function to simply say whether we, as an organization, support or oppose legislation having as much nuance as this proposal. That’s not a fair question.

Having an institutional memory is both bane and blessing: Organizations choose their “hills to die on.” And, throwing in a little Bible, during the last 30 years, I’ve seen many an organization “gird its loins” only to commit intra-organizational fratricide in support or opposition to legislative propositions having varying degrees of membership commitment or support. 

WVSBA compatriots, scrappy or hearty as they come, must join on-going PSSP discussions in ways that are meaningful and which will produce the best results – not out of deference for their individual boards and certainly not West Virginia legislators, but for West Virginia students. As your association aids you via information and other means, it’s your proactive involvement that means the most in terms of PSSP reforms.

The association is counting on you – and your board. Don’t let our students down.

Howard M. O’Cull is executive director of the West Virginia School Board Association.

 

SUMMARY OF PROPOSALS
TO PUBLIC SCHOOL SUPPORT PROGRAM
FOR THE 2008-09 THROUGH 2010-11 YEARS
BASED ON 2008-09 PRELIMINARY COMPUTATIONS

West Virginia Office of School Finance
January 18, 2008

 

FOR THE 2008-09 YEAR

1. Base computations for steps 1 and 2 on net enrollment limits only, eliminating adjusted enrollment limits.


2. Divide districts into 4 groups based on student density per square mile with breaks at 5, 10, and 20 students/sq. mile, set different limits for each group, as indicated below, and base allowances for steps 1 and 2 on these four groups.


3. Establish base net enrollment of 1,400 and include a weighted number of students in net enrollment based on student population density factor.


4. Fund advanced placement programs for all advanced placement students at 1.0% of per pupil state aid for previous year.


5. Eliminate allowances for 34/1,000 waivers, low student enrollment, & funding for additional school nurses.

 

FOR THE 2009-10 YEAR:

1. Base allowance for transportation (Step 4) at 90% for all county boards and exclude additional buses from 1/3 limit.
   
   
2. Base allowance for operation and maintenance of facilities (Step 6a) at 90% of state total expenditures and allocate allowances to each county on state average expenditure per student per square foot basis.
   
   
3. Fund alternative education @ $24 per net enrollment student.

 

FOR THE 2010-11 YEAR:

1. Identify school counselors, school nurses, and technology systems specialists as student support personnel and fund in Step 5 at the following ratios per net enrollment in grades PK - 12: school counselors - 1/350 students; school nurses - 1/1,500 students; technology systems specialists - 1/2,500 students.
   
   
2. Reduce the net enrollment limits for Step 1 accordingly, as indicated in the chart below.
   
   
3. Eliminate the current allowance for Step 5.

 

Proposed Funding Limits Per 1,000 Students in Net Enrollment per Category - 2008-09 and 2009-10 years:

	PE	PI	SP
Sparse - Less than 5 students per sq. mile	74.75	69.75	45.68
Low - 5 studentws but less than 10 per sq. mile	74.60	69.70	45.10
Medium - 10 students but less than 20 per sq. mile	74.45	69.60	44.53
High - More than 20 students per sq. mile	74.30	69.50	43.97

 

Proposed Funding Limits Per 1,000 Students in Net Enrollment per Category - 2010-11 and thereafter:
(Reduction in limits in Step 1 as a result of funding student support personnel in Step 5)

	PE	PI	SP
Sparse - Less than 5 students per sq. mile	72.50	67.50	45.68
Low - 5 studentws but less than 10 per sq. mile	72.35	67.45	45.10
Medium - 10 students but less than 20 per sq. mile	72.20	67.35	44.53
High - More than 20 students per sq. mile	72.05	67.25	43.97

 

OSF
01/18/08
PSSP Total Estimated Cost 09

*

 

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

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

Sally Cann (Harrison), President

Vincit omnia veritas
“Truth conquers all”