
January 27, 2006 - Volume 25 / Issue 5
Overview Info
Stats
| Day of Session | 17 |
| Days Remaining | 43 |
| Bills Introduced: (Includes 644 House Carryover Bills) |
1070 |
Education Bills |
130 |
Inside
- News
- In Brief
- In the Know
- Looking Back
- Guest Perspective
- Last Word
- Resources
- Bill Abstract
- Education Related
- Soundbites
- Meanwhile in Pennsylvania
- Clarifications and Corrections
- Coming soon in The Legislature
Quote
NEWS
Gov. wants your involvement
Gov. Joe Manchin says that 2006 will be an “even better year” for education and is calling for active involvement of county board members and local leaders. Learn more about his plans in Last Word.
Senate Education to begin working on Partnership on 21st Century Initiative
During its next few meetings, the Senate Education Committee will consider West Virginia Department of Education proposals to implement the Partnership for 21st CenturySkills Initiative, a collaborative venture between WVDE, the Governor’s Office and business and community groups, including labor unions, teacher organizations and higher education representatives.
Senate Education Chairman Bob Plymale, D-Wayne, made that announcement at Thursday’s committee meeting, during which State Superintendent of Schools Steve Paine, Ed.D., presented information about various 21st Century Learning Initiative proposals.
As part of the package, Paine said the WVDE wants the Legislature to pay for an additional 500 teachers to complete the National Board of Professional Teaching Certification program. Each of those teachers would receive a $10,000 pay increase during the program’s 10-year period, prior to recertification.
Paine and Plymale said the national board’s certification has proven to increase general student achievement 7 percent and special needs student achievement as much as 15 percent. The rigorous program concentrates on professional development.
Paine said he wants the program to provide pay increases to teachers who participate in the certification program but who may not become fully certified. He said NBPTS participation, in that regard, would help teachers professionally and help improve student achievement.
The Legislature currently provides teachers a $2,500 raise when they complete the program although some county boards supplement teachers with additional pay, including $5,000 in Wayne County, Plymale said.
In other news at the committee meeting, Paine said the WVDE is sponsoring an educational technology advisory committee. Assistant State Superintendent Jorea Marple, Ed.D., said the task force was established by the WVDE to guide development of the department’s Educational Technology Plan.
Editor’s Note: More information regarding the Jan. 26 Senate Education Meeting will appear in the Feb. 2 issue of The Legislature.
Gov. reviewing consolidation ‘election’ bill
WVSBA and county boards encouraged to formulate HB 4040 response
The Manchin Administration has “no official position at this time” on a House Bill that would require elections before some school closures or consolidations could be completed, according to Jay Cole, the governor’s education policy adviser.
Cole said the Governor’s Office is studying the impact of the legislation, included in House Bill 4040, before they decide their stance on the proposal.
He urges county board members, through the West Virginia School Boards Association, to formulate a response to the bill.
WVSBA Executive Director Howard M. O’Cull, Ed.D., said the association will review the measure at its February Winter Conference.
“We appreciate the Governor’s Office asking for input from all parties, including Challenge West Virginia,” O’Cull said.
O’Cull said an amendment added on the House floor has not been discussed by WVSBA members. The amendment, sponsored by House Minority Leader Charles Trump, R-Morgan, essentially requires a petition signed by 20 percent of registered voters in the county before any scheduled vote on school closures or consolidations.
“That, in my mind, considerably changes the tenor of the proposal,” O’Cull said. “In fact, Del. Trump has said his amendment – again adopted by the House overwhelmingly – would allow some ‘non-controversial’ school closures or consolidations effectively to proceed without the vote.
“[The Del. Trump amendment] considerably changes the tenor of the proposal.” – Howard O’Cull, Ed.D.,WVSBA executive director
“I think the situation is compounded by the cost of the election – at least that’s one complaint of WVSBA members. However, we need to further discuss the entire proposal.”
Some House members told The Legislature they voted for the bill based on purported support by the Governor’s Office.
Additionally, some members of the House Education Committee, where the proposal originated, saw it as more palatable than the “busing bill” considered last year.
O’Cull said the bill may have originated in a CWV meeting last October when Del. Larry Williams, D-Preston, was asked by a County CWV member whether the Legislature could enact a “moratorium” on school closures or consolidations.
Williams, along with O’Cull and Cole, who served on a CWV panel that discussed school facilities issues, said such a notion is impractical, given that some county boards were undertaking “non-controversial” school closures and consolidations or they were finalizing these plans.
Challenge West Virginia President Linda Martin told House Education members her group is concerned about the large number of projected elementary school closures included in county Comprehensive Educational Facilities Plans for implementation the next few years.
She said House Bill 4040 will address those matters and that it is less controversial than last year’s CWV busing proposal, which the Governor’s Office introduced.
The Senate Education Committee did not take up the busing bill last year. The measure died in House Finance, which substituted a study regarding bus travel times in its place. Senate Education Chairman Bob Plymale, D-Wayne, has not said whether he will place the House bill on Senate Education’s agenda.
Some House members privately told The Legislature they do not believe the measure will clear the Senate.
Mittall Steel layoffs could begin in March
Massive layoffs at Mittal Steel are expected to begin in March. Company officials estimate that anywhere from 500 to 600 employees could be out of a job at that time.
Mittal announced late last year it did not plan to fire up its blast furnace in 2006. That meant 800-plus jobs would no longer be needed. So far, Mittal has involuntarily let go of 342 employees. Those are workers who had anywhere from a year to 19 years of experience in the plant.
Dave Gossett with the Independent Steelworkers Union says they received their Warren Act letter earlier this month. It announced the company would be releasing up to 600 more in early March. Those will be workers with as much as 26 years of experience at the plant. Gossett says that's a lot of people to lay off at one time.
"We anticipate that if the layoffs do take place in early March, it could be over a two week period," says Gossett in an interview with MetroNews.
Gossett says the ISU still has hope the company will reopen its blast furnace and hire back many of the employees slated for layoffs.
Mittal has talked about increasing production in its tin mill. Gossett says, "Mittal had indicated they planned to invest in the tin mill. And that could mean some workers coming back to work later on down the road. We haven't seen those investments yet. It's very early in the year."
Gossett says they're tough cuts to watch. And, come March, there will be a lot of former Mittal employees looking for new jobs.
Used with permission from West Virginia MetroNews Radio Network. For more information about the probable effect of Mittal Steel layoffs on Upper Ohio Valley school systems, particularly Hancock County, refer to the “In the Regions” section of the Jan. 13 issue of The Legislature.
Urban schools better prepared for ‘mass casualties’ than rule school systems
National study finds many districts have deficient emergency plans
A national study conducted by the University of Arkansas for Medical Sciences and Arkansas Children's Hospital Research Institute has shown that many public school districts have important deficiencies in their emergency and disaster plans.
The results of "Mass Casualty Events at School: A National Preparedness Survey" were published in the Jan. 3 issue of “Pediatrics,” the official journal of the American Academy of Pediatrics. The object of the study was to document the preparedness of public schools in the United States for the prevention of and response to a mass casualty event.
86.3 percent of respondents had a mass casualty response plan, but only 57.2 percent had a written plan for prevention of such an event.
The study included a random survey of 3,670 school superintendents throughout the country. According to the Web site of the National Center for Education Statistics of the U.S. Department of Education, there were about 14,000 public school districts in the United States in 2004.
While 86.3 percent of respondents reported having a mass casualty response plan, only 57.2 percent have a written plan for prevention of such an event. Most school districts (66.2 percent) do not use any form of student identification such as badges or cards. Almost half (48.5 percent) do not require staff or teacher identification, and 30 percent have never conducted an emergency drill.
"In many communities throughout the United States, more people are gathered on a daily basis in school settings than in any other location," said James Graham, M.D., professor of pediatrics at UAMS and a researcher at ACHRI. "The school shootings and terrorist events of recent years have made us even more aware that we must be prepared for the possibility of a mass casualty event at a school."
Graham is lead investigator for the study, which was conducted by UAMS faculty and researchers at ACHRI.
Overall, the study concluded that personnel at urban schools are better prepared in almost all areas to handle a mass casualty emergency than those at rural schools. At the same time, almost one-fourth (22.1 percent) of respondents reported that they have no disaster provisions for children with special needs, nor do they have a plan for post-disaster counseling (25 percent).
"Good disaster response planning requires broad involvement of several community groups," Graham said. "Pediatricians, local school officials, school nurses, public health officials, emergency officials and school physicians should work together to improve the preparedness of schools for the unwelcome possibility of a mass casualty event."
For more information, please contact James A. Rose, regional threat preparedness coordinator at the Regional Threat Preparedness Unit, Mid-Ohio Valley Health Department, 211 Sixth Street Parkersburg, WV 26101. Phone (304) 485-7493 or e-mail jimrose@wvdhhr.org.
Excitement builds for WC
The West Virginia School Boards Association Winter Conference is Feb. 17-18 at the Charleston Marriott. This year’s program lineup includes sessions about the Partnership for 21st Century Skills, how to conduct effective county board hearings, closing the achievement gap and much more.
A visit to the Capitol is scheduled for 8 a.m. Feb. 17. We encourage members to make arrangements to meet with their senators and delegates.
The WVSBA/West Virginia Association of School Administrators “Reception with Legislators” is scheduled for 6 p.m. on Feb. 16 at the Marriott.
The WVSBA Executive Board will meet afterward. Board members and county superintendents are welcome to attend the executive board meeting.
Please contact your county board office to pre-register for the conference before the Feb. 10 deadline. More than 180 already have registered.
Please contact me with special dietary needs at sdavidson@wvsba.org or (304) 346-0571.
In Brief
West Virginians love Manchin
A recent poll by SurveyUSA confirmed what most West Virginian’s think: Gov. Joe Manchin is exceedingly popular. Manchin enjoys an 80 percent approval rating among his constituents – up from 67 percent just one month ago – and the highest of any governor.
SurveyUSA attributed the high rating to Manchin’s sincerity and empathy, especially his response during the two recent mining disasters. Manchin was able to forge a “bond” with West Virginians strong enough to ensure easy passage of mine safety legislation within one day. That’s no small feat, according to legislative and political observers.
Robert Rupp, Ph.D., a political historian at West Virginia Wesleyan College, said Manchin’s focus for the 60-day regular legislative session saw a sudden change due to the mining tragedies, according to Associated Press and West Virginia MetroNews reports.
“He had a fairly weak agenda to begin with, and he was very vulnerable just coming off the failure of the statewide (pension bond) issue,” Rupp said. However, he said the governor has always had a lot of momentum behind his efforts. "He has been able to do some amazing things."
Rupp said the governor comes across as authentic. “Sometimes, when you see these politicians in a snow storm put on a jacket and stand in front of the snow plow, we sense that they're playing a role," but that's not the case with the governor, he said.
‘Fast Action’ on bills gets mixed response
For the last few years, the House of Delegates has used the opening days of the regular session to adopt, in fast-paced fashion, a series of major bills, including 2006 regular session measures relating to the Promise scholarship, legislation that would require a vote on some school closures and consolidations, and bills addressing child abuse and neglect.
Additionally, the House is soon expected to consider the governor’s health care legislation.
While many legislators, particularly on the House side, favor the approach, it has drawn mixed reviews from some delegates and was partly responsible for a move last week to have a bill read in its entirety because Del. Kelli Soboyna, said she had not had time to consider the proposal. The move to have legislation read in its entirety – a rare procedure -- was quickly scrapped when the House majority leader concurred in having House action delayed for a day.
Other House critics said the pace at which the legislation “moves” gives agency heads and lobbyists the ability to shape legislation, using the mantra “Pass the bill out, we’ll clean it up in the Senate,” said Del. Bob Ashley, R-Roane.
Senate President Earl Ray Tomblin, D-Logan, said the Senate is a more deliberative body and that just because the Senate has the House legislation early does not mean swift action by that body.
An exception could be the Promise scholarship legislation that is being reviewed by a Senate Education subcommittee.
Senate Education Chairman Bob Plymale, D-Wayne, said the Senate version of that legislation, House Bill 4049, should be ready in about 10 days.
House Speaker Bob Kiss, D-Raleigh, told the Associated Press, the House stance is one of “sending the message we are down here and we are serious.”
Supreme Court’s ‘Year of the Child’
State Supreme Court Chief Justice Robin Davis told the Senate Finance Committee the state’s court system will emphasize the “safety and welfare” of children this year.
“For the courts, this is the year of the child,” she said.
Referring to a recent federal study, Davis said West Virginia is now the “No. 1 state in the country for children’s deaths from abuse or neglect.”
Davis called on lawmakers to close “loopholes” in child abuse and neglect laws.
About an hour later, the House of Delegates suspended its rules and unanimously passed two child welfare bills. One creates a special State Police unit to work on child abuse and neglect cases (House Bill 4011) and another creates a child abuse registry (House Bill 4012).
Budget Digest may be a goner
After 43 years, the legislative Budget Digest may be on the way out, after the House of Delegates voted 90-5 Jan. 24 to eliminate the digest’s annual list of spending directives.
The directives, while not law in and of themselves, are largely heeded by agencies, with agency heads knowing they must come back before the Legislature with annual budget requests.
Additionally, the Budget Digest often funds county board and school-related projects ranging from playground equipment to school building additions.
Led by Speaker Bob Kiss, D-Raleigh, a number of ranking delegates introduced House Bill 4019 to eliminate the digest, which in the last nine years has prompted three lawsuits challenging its constitutionality. One such suit is pending in Kanawha County Circuit Court.
In the House vote, five delegates opposed the bill. Its Senate fate is not known.
Senate Finance Chairman Walt Helmick, D-Pocahontas, said he sees no need for eliminating the digest. He said it gives spending authority to elected officials rather than bureaucrats.
Some Budget Digest critics said its biggest problem is that it is approved by House and Senate budget conferees and not by the full Legislature.
There has been some discussion about carving out various requests, such as funding for fairs and festivals, education and other related projects, as part of the 60-day budget process – or the brief legislative session which normally follows the 60-day session, although some legislators said that might be hard to accomplish.
The Senate may opt to keep the digest or digest-type funding but restructure the process so that it is, in Helmick’s words, “more fair to all legislators.” This point was made by digest critics who said some powerful legislators, especially on the House side, enjoy a disproportionate share of funding.
Snuffing out flavored cigarettes
Candy- and fruit-flavored cigarettes would be banned under a measure considered by the Senate Health and Human Resources Committee on Jan. 24. A violation of the ban would be a misdemeanor.
The American Cancer Society proposed the measure because it believes flavored cigarettes target children and adults who do not smoke.
According to cigarette industry lobbyists, R. J. Reynolds has sold flavored cigarettes since the early 1900s, introducing flavored Camels in 1999, a year after a national tobacco settlement outlawed advertising of “Joe Camel” because the character was attractive to children.
Several Senate Health and Human Resources Committee members said Reynolds’ action was “suspicious,” and that the cigarettes were surreptitiously aimed at encouraging children to smoke.
R.J. Reynolds lobbyist Kit Francis said the cigarettes are not aimed at children but at adult smokers under 30. He also said their cost – about $4 per pack – is too expensive for most children, and that the product is mainly sold in tobacco specialty stores and bars where children are prohibited.
Additionally, he said flavored cigarettes make up only one one-hundredth of 1 percent of cigarette sales in West Virginia.
Sources: WVSBA reporting, the Associated Press; West Virginia MetroNews, The Charleston Gazette and The Charleston Daily Mail
In the Know
Conservatives win as NCLB marks four-year anniversary
This week marked the fourth anniversary of the No Child Left Behind Act, which was enacted with broad bipartisan support even though neither attentive conservatives nor liberals liked it very much at the time.
Discussion this week over NCLB's impact has proceeded along predictable lines, with evidence remaining far from conclusive about the usual measures of overall student performance and so forth.
It's only been four years. But nonetheless I'm going to declare one clear victor: the conservative movement…. The reason is that NCLB set in place an accountability regime that, in essence, requires states to tell their citizens that much of the public school system is failing — and almost inexorably getting worse by the year.
That's a gift beyond the wildest dreams of even Milton Friedman and other libertarian voucher supporters…. One of the main sources of the problem with NCLB is that schools aren't necessarily rewarded if their students make progress from one year to the next. Rather, they are judged by benchmarks unrelated to their own past performance. This Times story from last week demonstrates the injustice of that approach from the standpoint of a school principal, notwithstanding Eduwonk's somewhat overheated response to coverage of what is clearly a fundamental flaw in the law….
From “NCLB’s Poison Pill,” by Greg Anrig Jr., vice president for programs at the Century Foundation. View the article online at http://www.equaleducation.org/commentary.asp?opedid=1187
This article originally appeared on TPM Cafe Jan. 13, 2006.
Looking Back
‘Rule of 80,’ open meetings subject of debates in 1996
The Jan. 25, 1996 issue of The Legislature reported that eight gubernatorial candidates – State Treasurer Larrie Bailey, Charlotte Pritt, Lyle Sattes, Jon McBride, David McKinley, Joe Manchin III, Cecil Underwood and Jim Lees – would participate in a forum at the West Virginia School Boards Association’s Winter Conference. Outgoing governor Gaston Caperton as the conference’s keynote speaker was set to outline his administration’s accomplishments.
“The Rule of 80,” including its possible implementation costs, was a big issue of the session, prompting Senate Pensions Chairman Bob Plymale, D-Wayne, to announce that he had asked a state actuary to “perform a thorough analysis of the figures, before any action is taken by the [state Senate].”
The Legislature noted that the Rule of 80, which would allow one to retire with full benefits when age and years of experience are equal to or greater than 80, was “supported by both of the state’s largest teachers’ groups” as well as WVSBA, and that the issue had was first discussed by legislators during the 1995 session.
In other legislative news, the House Education Committee “waited until earlier in the week” to hold its organizational meeting. Roman W. Prezioso, House Education Chairman, appointed a series of subcommittees, including one to study the state School Aid Formula.
David Stewart, then a finance official with the state Department of Education, told House Education members that 16 county boards were in deficit, partly due to lack of excess levies.
State Superintendent Henry R. Marockie urged legislators to pass legislation that grants county boards immunity from some after-hours use of county board properties. This arose from a Supreme Court case in Wetzel County in which the court ruled county boards did not have immunity from lawsuits due to no legal sanctions to that effect.
The state’s Open Governmental Proceedings Act (Sunshine Law) was debated by a House Judiciary Subcommittee chaired by Jon Amores, D-Kanawha. Marc Harman, a lobbyist for the West Virginia Press Association, alleged the School Building Authority of West Virginia had “[made] decisions contrary to Open Meetings regulations and has failed to keep minutes of closed-door deliberations.”
Harman suggested an arbitration panel study the issue to determine if a public body is authorized to go into an executive session.
From The Legislature, Jan. 25, 1996
Guest Perspective
State needs better funding of school counseling programs to aid academics
Professional school counseling is a vital and integral part of the school setting. School counselors work with students to help them set academic, career, and personal goals to help them succeed throughout their school years and life time.
Quality school counseling programs are vital components of the education business to improve the academic achievement, personal relationships, social skills and career development for every student in the state of West Virginia. Today’s students face many barriers to learning and school counselors work to help students overcome these barriers and have great potential to affect academic achievement.
For years school counselors, not only in West Virginia, but nationally have struggled for definition. Programs have varied from state to state and school to school. In 2002 the American School Counselor Association (ASCA) developed the “ASCA National Model: A Framework for School Counseling Programs.” This model was collaboratively developed by national experts in school counseling and provides uniform standards and guidelines for effective school counseling programs.
West Virginia was the first state to adopt state code and policy requiring all school counselors to implement this model. Many states have since followed. School counselors across the state are struggling to restructure their programs but face many obstacles.
“Quality school counseling programs are vital components of the education business to improve the academic achievement, personal relationships, social skills and career development for every student.”
The West Virginia School Counseling Association (WVSCA) is working through the West Virginia Board of Education and the Legislature and asking them to take the financially responsible steps to assure that our students receive the professional counseling they need. Research shows that school counseling programs positively affect student achievement by improving attendance, test scores and grades, and thus increase graduation rates.
See: http://www.schoolcounselor.org/content.asp?pl=325&sl=133&contentid=241
Some of the obstacles school counselors must overcome to provide developmentally appropriate school counseling to all students include:
- High ratios – ASCA’s recommendation is 250 to 1. Some elementary counselors have as many as 1,500 students on their caseload.
- Lack of appropriate supervision and guidance at the state and county levels.
- Lack of funding and release time for continuing education – student needs/ issues, careers, and academic requirements are continually changing. We must keep up-to-date.
- No professional membership reimbursement - Professional organizations provide members with immediate resources and skills to run effective programs in their isolated environment.
- Inappropriate responsibilities – many counselors are bogged down with clerical/administrative duties leaving little time for direct student contact. West Virginia created a WVAEIS Clerk/Registrar position to assist counselors and administrators with these duties. These positions are not funded.
- More paid work days are needed in the summer – to prepare for the upcoming year.
- School counseling standards need to be aligned and integrated with the total school curriculum.
- Administrators and staff need appropriate training in regard to understanding changes necessary to align with West Virginia Board of Education Policy § Policy 2315
- Counselors need to be compensated for national certifications - that make them highly qualified professionals and encourages more counselors to seek these certifications.
By putting together a comprehensive funding package for school counseling programs, West Virginia could take the lead in advancing student achievement.
A copy of the 2006 WVSCA legislative agenda and rationale can be found on our Web site, www.wvcounseling.org then follow the link to WVSCA.
- Blackburn is a school counselor at Greenbrier East High School. She serves as West Virginia School Counselors Association government relations chairwoman.
Last Word
Active involvement of county boards and local leaders essential in improving education and econ. development
West Virginia’s education system experienced significant progress in 2005, capped by the second-highest cumulative grade in the nation on the 2006 Quality Counts report card. However, I look forward to making even more progress in 2006.
During the next year, we will continue the process of building a seamless system of education, from early childhood through lifelong learning.
In 2005, West Virginia became only the second state to achieve designation as a “21st Century Skills” partner. In 2006, in collaboration with the State Board of Education, the state superintendent, and legislative and business leaders from across the state, we will implement the 21st Century Skills project to ensure that our students have the skills they need to compete for the jobs of the future.
These skills include technology literacy, critical thinking, communications, global awareness, and business and civic literacy.
“During the next year, we will continue the process of building a seamless system of education, from early childhood through lifelong learning.”
We are not content to stop at the minimum standards set by the federal No Child Left Behind Act: We want to provide our students with the most rigorous and relevant curriculum possible, and the 21st Century Skills project will enable us to do that.
In 2006, West Virginia will also participate in a Southern Governors Association initiative, funded by the Gates Foundation, to promote high school reform and rigorous academic preparation for all students. Building on the 21st Century Skills foundation, we will increase our high school graduation rate and expand student access to academic enrichment opportunities such as Advanced Placement courses and the latest in educational technology.

Because we know high quality teaching is essential for student achievement, we will also promote the National Board for Professional Teacher Certification program for teachers, which is the “gold standard” for professional performance by K-12 educators.
There are now approximately 250 National Board Certified teachers in West Virginia — with 40 teachers earning this distinction in 2005 — and we want to see this number continue to grow.
I remain committed to linking education and economic development, and ensuring that we get a good return on our investment in education. Thanks to a Vision Shared Policy Forum last fall, there is renewed momentum for early childhood education in the state.
At the forum, state policy and business leaders heard from nationally renowned economists from the Federal Reserve who demonstrated that an investment in early childhood education generates very impressive economic returns.
The First Lady and I look forward to working with policy and business leaders to move forward on an early childhood education agenda.
Our colleges and universities are also important engines of economic development. We will continue to work with them to expand their research capacity and become more involved in starting new companies and creating new products.
In 2005, we gave increased operating flexibility to West Virginia University and Marshall University in exchange for their collaboration on areas of state need. Today, they are bringing their collective expertise to bear on issues ranging from environmental brownfields remediation to public school finance reform.
We will also expand workforce training opportunities at our community and technical colleges. These institutions are well positioned to adapt and respond to the rapidly changing needs of the workforce, especially in energy-related jobs.
Building on last year’s reorganization of the Center for Professional Development, we will ensure that our teachers receive effective professional development that is based on research, evaluation, and continuous improvement. And with the restructuring of the School Building Authority of West Virginia, we will continue to make the application and review process more transparent and accountable while preserving small community schools wherever possible.
Working together, we will make 2006 an even better year for education. The active involvement of county school board members and other local leaders is essential to our efforts.
Thank you for your devotion to our children and your support of our teachers.
Manchin, a Marion County native, is West Virginia’s 34th governor.
Resources
Three venues added to education forums
Sessions promote discussion of teachers’ needs for 21st century
This is a memorandum from State Superintendent Steve Paine to county board presidents regarding an invitation to “Voices from the Field: A Forum for WV Educators.”
Dear County Board Presidents,
On behalf of the West Virginia Board of Education and the West Virginia Department of Education, we recently announced several forums being organized for West Virginia teachers called Voices from the Field: A Forum for WV Educators. The forums are a series of gatherings throughout the state designed to explore the knowledge and skills necessary for a West Virginia graduate to succeed in the 21st century.
Due to overwhelming response, three new venues have been added to the schedule. Below you will find information on forums scheduled to take place in Ohio County, Greenbrier County and Cabell County. Also note that the start time of the forums has been moved to 5 p.m.
Again, thank you for all you do for West Virginia’s future!
Voices from the Field: A Forum for WV Educators
| DATE | COUNTY | LOCATION |
| Feb. 1 | Putnam | Hurricane High School |
| Feb. 2 | Raleigh | Woodrow Wilson High School |
| Feb. 13 | Wood | Blennerhassett Jr. High School |
| Feb. 14 | Marion | East Fairmont High School |
| Feb. 15 | Berkeley | Hedgesville High School |
| Feb. 16 | Ohio | Wheeling Park High School |
| Feb. 21 | Greenbrier | Eastern Greenbrier Jr. High School |
| March 14 | Cabell | Cabell Midland High School |
AGENDA
| 5 p.m. | Opening Remarks, general meeting location |
| 5:50 p.m. | Transition to Meeting Rooms, designated classrooms (for teachers, and “grab ‘n’ go” snack, school, and system administrators) |
| 5:55 p.m. | Discussion Question 1 |
| 6:25 p.m. | Discussion Question 2 |
| 6:55 p.m. | Break |
| 7:10 p.m. | Report out of discussion, general meeting location |
| 8 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 food ordering.
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 advance readings, please go to http://wvde.state.wv.us/forums and then follow the link to “readings.”
West Virginia 2006 Election Calendar
Important Dates for Candidates and Political Committees
Jan. 9 - 28 Candidate filing period. Certificates of announcement and filing fees received in appropriate office or postmarked by U. S. Postal Service by midnight, Jan. 28.
Jan. 9 - Feb. 7 Candidates file personal financial disclosure with Ethics Commission (within 10 days after filing certificate of announcement).
Feb. 10 Deadline for appropriate executive committee to fill ballot vacancy for candidate to be on primary ballot.
Feb. 14 Deadlines for executive committee chair to fill primary ballot vacancy.
Feb. 14 Deadline for candidates to withdraw (filing officer must receive written notice signed by candidate and notarized by deadline or name may not be removed from ballot).
Feb. 21 Uniform drawing date (drawing for ballot position begins at 9 a.m. in all counties for all offices).
Feb. 27 Deadline candidates name to be removed from ballot due to death (before the ballots are printed).
Mar. 25 - 31 Primary-first financial report due: All candidates, committees, consultants and independent expenditures file reports with proper office if total receipts plus expenditures exceed $500 (federal candidates must follow FEC schedule & file with FEC).
April 10 Deadline for minor party and independent candidates doing nominating petitions to file certificate of announcement and pay filing fee.
April 11 Last day for PACs to file statement of organization and candidates to file campaign treasurer name.
April 18 Last day for filing of official write-in candidate for board of education and executive committee to be received.
April 18 Last day to register to vote.
April 19 - May 6 Early voting in person period.
April 22 - April 29 Pre-primary financial report filing period. All candidates, committees, active consultants, and independent spenders file even if no changes since last report (federal candidates must follow FEC schedule & file with FEC).
April 29 - May 8 "Last-minute" independent expenditures reported to appropriate office.
May 4 Last day for executive committee to fill general election vacancy caused by failure to file. Deadline for chair to appoint if committee fails to act is May 8.
May 8 Deadline for minor party and independent candidates doing nominating petitions to file petitions for nomination to appear on November 7, 2006 general election ballot.
May 9 PRIMARY ELECTION DAY
May 12 Primary election canvasses begin and continue from day to day until election results declared.
*lf no candidate requests recount and posts bond within 48 hours after results declared, county commission certifies election results.
*Election contest must be filed within 10 days after certification of election in county.
June 3 - 9 Post-primary financial report filing period; all file, even if no changes since last report (federal candidates must follow FEC schedule and file with FEC).
June 19 Failure to file campaign finance statements reported to prosecuting attorneys.
July 1 Terms of Board of Education begin.
Aug. 1 Last day for candidate to apply for withdrawal due to extenuating personal circumstances.
Aug. 4 Last day for application to be filed with State Election Commission by withdrawing candidate or executive committee chair for authorization to fill vacancy resulting from extenuating circumstances.
Aug. 7 - 22 Special filing period, Board of Education vacancy occurring after close of filing for primary election.
Aug. 15 Last day of occurrence of vacancy on ballot resulting from disqualification or incapacity of candidate, or from death of incumbent in certain elected office.
Aug. 21 Deadline for executive committee or chair appointment to fill vacancy (chair deadline Aug. 23).
Aug. 23-29 Secretary of State certifies names.
Aug. 28 Candidate name removed from ballot due to death.
Aug. 29 Drawing for order of names on ballot.
Sep. 2-8 General-first report due.
Oct. 10 Last day for candidate or political committee to file statement of organization and designation of treasurer or financial agent.
Oct. 13 Last day of the occurrence of the death of a nominee for which an appointment to fill the vacancy on the ballot can be made.
Oct. 16 Committee may fill vacancy of deceased candidate.
Oct. 17 Write-in candidate filing deadline for general election.
Oct. 17 Voter registration deadline.
Oct. 19 Chair may fill vacancy of deceased candidate.
Oct. 21 - 28 Pre-general financial report due.
Oct. 27 Last-minute independent expenditures reported.
Nov. 2 Last day for write-in candidate to file in case of death of nominee if death occurred between Oct. 17 - Nov. 2.
Nov. 7 GENERAL ELECTTON
Dec. 2 - 8 Post-general election report due.
Dec. 18 Secretary of State and clerk of county commission give notice to prosecuting attorney of any failure of candidates, agents or treasurers to file required financial statements.
Source: West Virginia Secretary of State’s Office: http://www.wvsos.com
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, 2006: 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)
Sources: West Virginia Legislature, West Virginia Association of Counties (County Line, Dec. 2005), West Virginia School Boards Association
Bill Abstract
- House Bill 4038 – Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes (Campbell, lead sponsor). Passed House of Delegates 1/19/06. Referred to Senate Education, then Senate Finance.
- House Bill 4040 – Requiring voter approval prior to closure and consolidation of certain schools, includes requirement for successful petition signed by 20 percent of registered voters in county prior to ballot placement. (Williams, lead sponsor). Passed House 1/19/06. Referred to Senate Education, then Senate Judiciary.
- House Bill 4048 – Placing limitations on the use of eminent domain (Amores, lead sponsor). Passed House 1/19/06. Referred to Senate Economic Development, then Government Organization.
- House Bill 4049 – Relating to state-funded student financial aid, including Promise scholarship (Campbell, lead sponsor). Passed House 1/19/06. Referred to Senate Education, then Senate Finance. Senate Education Subcommittee created to consider measure.
Education-Related
Senate
- Senate Bill 13 – Requires cross-reporting of suspected abuse or neglect of individuals or animals. (Yoder, lead sponsor). Passed Senate 1/24/06. Referred to House Judiciary.
- House Bill 4011 – Relates to creation of a special unit within the State Police specializing in child abuse and neglect investigations. (Mahan, lead sponsor). Passed House 1/9/06. Referred to Senate Government Organization, then Senate Finance.
- House Bill 4012 – Establishes Child Abuser Registration Act. Passed House 1/19/06. (Mahan, lead sponsor). Referred to Senate Judiciary, then Senate Finance.
- House Bill 4019 – Relates to “elimination” of the Legislature’s Budget Digest. (Kiss, lead sponsor). Passed House 1/24/06. Referred to Senate Finance.
- House Bill 4037 - Rectifies definitions applicable to the assessment of real property. (Michael, lead sponsor). Passed House 1/19/06. Referred to Senate Judiciary, then Senate Finance.
Even Start request for proposal 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 please call Cathy Jones, West Virginia Department of Education coordinator, Early Childhood / Even Start, 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
Law allows leave for public officials
Several county board members have inquired about §6-5-12, a section of law that allows “leave of absence for public officials for performing public duties.” The statute reads as follows:
“Any person elected to a part-time public office or appointed to a part-time elected public office shall be entitled to a leave of absence from his or her private employment except when such employment is with an employer employing five or fewer persons on a full-time basis on the days or portions of any day during which he or she is engaged in performing the duties of his or her public office. The leave of absence shall not result in any penalty being imposed upon the persons entitled to the leave of absence: Provided, That such leave of absence may be without pay by the private employer.”
According to West Virginia School Boards Association counsel, the leave may apply to county board training because it is required by statute. However, legal counsel points out that the leave has certain restrictions based on the size of the firm employing the county board member and that it may be without pay.
For more detailed information, please contact WVSBA Executive Director Howard M. O’Cull, Ed.D., or counsel Howard E. Seufer Jr., Esq., Bowles Rice McDavid Graff & Love. Seufer’s telephone number is (304) 347-1776. O’Cull’s e-mail address is hocull@wvsba.org.
Soundbites
“It’s a sad day when we [House of Delegates] are moving [bills] so fast that you have government relations people – lobbyists – and administration people saying, ‘Pass the bill out, we’ll clean it up in the Senate.’” – Del. Bob Ashley, R-Roane, discussing the House of Delegates’ approach for passing major legislation early in the session.
“The press gets to look at them. The people get to look at them [House bills]. It’s more of an open process.” – House Education Chairman Tom Campbell, D-Greenbrier, discussing the merits of the House’s early action on bills.
“No one is pointing at anyone; we just have some cracks in the system.” – State Supreme Court Justice Robin Davis discussing her goal of having the state’s judiciary focus on children’s needs in 2006.
“If cigarettes are so bad that every time we turn around we are trying to do something against and to smokers, let’s just end it now.” – Sen. Russ Weeks, R-Raleigh, discussing a “flavored cigarette” bill amendment that would have outlawed smoking cigarettes in West Virginia. Several senators, in rejecting the amendment, said it was unconstitutional.
“A lot of people think it’s narrow-minded. I don’t look at it that way. I think if people are really serious about being Americans they should be willing to learn to speak English. English is the common language.” – Sen. Billy Wayne Bailey, D-Wyoming, who introduced legislation making English the official language of the state.
Meanwhile in Pennsylvania . . .
A 17-year-old high school student in Beaver Falls, Pa., said he was humiliated when a teacher made him sit on the floor during a midterm exam in his ethnicity class – for wearing a Denver Broncos jersey.
The teacher, John Kelly, reportedly forced Joshua Vannoy to sit on the floor and take the test Friday, two days before the Pittsburgh Steelers beat the Broncos 34-17 in the AFC championship game.
Kelly also made other students throw crumpled up paper at Vannoy, whom he called a “stinking Denver fan,” according to Vannoy in a Jan. 23 Associated Press story.
- From the Associated Press and The Charleston Gazette
Clarifications and Corrections
- The Jan. 20 issue of The Legislature did not fully capture the House floor comments of Minority Leader Charles Trump, R-Morgan, who sponsored a successful amendment to House Bill 4040, which relates to school closures and consolidations. The Legislature reported that Trump said his amendment, which would require a petition signed by 20 percent of the “registered voters” in the county in order to trigger an election on the issue, has precedent in some county commission statutes. In a letter to The Legislature, Trump said, “My remarks on the floor of the House were not that there is precedent for elections, as you reported, but rather that there is precedent in the law for requiring petitions before an election is triggered. I was trying to eliminate an ‘automatic’ election, and the amendment did that.”
Under terms of Trump’s amendment, school closure opponents would have 60 days from the board's decision to gather and submit such a petition. - The Legislature apologizes to state Board of Education member Barbara Fish (Wood). In the Jan. 13 issue, The Legislature stated, “Fish abruptly left the [state Board of Education] meeting during the debate and did not vote on the [Hampshire County Board] takeover.” While that story was written by editor Howard M. O’Cull, Ed.D., he also used attributed material from other sources, including that sentence from another published report. Fish had to leave for another obligation, according to various sources, including some state board members, who found the wording unfair. Moreover, earlier in the Hampshire takeover debate, Fish said she might have to leave the meeting due to that obligation, they said.
- We inadvertently omitted the date on which the Kanawha County Board of Education voted to appeal a Kanawha Circuit Court decision on library funding reimbursement. That vote occurred at a Jan. 9 meeting. A Kanawha County board member drew this to The Legislature’s attention in what he said was an otherwise “concise, accurate report.”
If you spot reporting, factual or grammatical errors in The Legislature, please contact O’Cull at hocull@wvsba.org.
Coming soon in The Legislature
• Guest Perspective by various legislators
• GOP officials outline their 2006 regular session agenda
• WVSBA Reports, a special section that presents an
in-depth study of the Promise scholarship and effectiveness
of merit scholarships
• Legislators’ review of child welfare proposals relating
to child abuse and neglect
• Q&A with State Superintendent Steve Paine about
the Partnership for 21st Century Skills Initiative

The Legislature is published by the West Virginia School Boards Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.
West Virginia School Boards Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG
Debbie Thompson (Pleasants County), President
debthom@charter.net
Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
Ljwm1108@ruralnet.org
Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Diane Slaughter, APR, CAE, Layout and Design
info@homesteadlane.com
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org
* Committee on Communications: Judi Almond (Raleigh), Beth
Cercone (Clay), Bob Duckworth (Taylor), Despina “Dee”
Kaparoules (Mingo), David McCutcheon (Roane), Mike
Mitchem (McDowell), JoHanna Rorrer (Mason), Nancy Walker
(Monongalia), Don Tuttle (Wetzel), Hunter Williams (Hardy)
Vincit omnia veritas
“Truth conquers all”