WVSBA The Legislature

February 08, 2008 - Volume 28 / Issue 9

Overview Info

Stats

Day of 2008 Regular Session 31st
Days Remaining 29
Bills Introduced:
(Including 629 House carryover bills)		 1,709

 

Quote:“My opinion is there will probably not be raises beyond what the governor has asked for. Good, solid fiscal policy is absolutely essential.” – Sen. President Earl Ray Tomblin, D-Logan, discussing prospects for school employee pay increases. The governor’s $54 million pay proposal was introduced this week. In that the Senate is taking the first steps in preparing the FY09 state budget that body will consider pay increases first. 

Inside

News


Thursday was the 30th day of the 60-day session.

Senate and House Education Committees action has picked up considerably, with the Senate Education Committee adopting a hunter safety measure and a House education subcommittee continuing work on Public School Support Program (PSSP) revisions, based on a Joint Senate/House proposal adopted in 2007.

(See PSSP article entitled Full House Education Committee likely to receive proposed PSSP changes early next week; new cost estimates, Fiscal Note provided by Office of School Finance Thursday.)


Governor’s driver’s license bill

A House education subcommittee also moved legislation that would deny teenagers under certain circumstances to acquire or maintain a driver’s licenses based on school disciplinary infractions. The bill is House Bill 4023. It was introduced on behalf of the governor. The original measure would have tied driver’s licenses to academic performance.

To receive a driver’s license or to have a license reinstated, a student must show he/she is enrolled in school and “making satisfactory progress toward graduation in a school under jurisdiction of the official” (chief administrator or attendance director).

Unexcused absences

Students also cannot have more than 10 consecutive or 15 total days of “unexcused absence during the current and previous school semesters.”

Suspensions

They also must not have been suspended or expelled for such reasons as possessing/selling narcotics or deadly weapons on premises of educational facilities; possessing a controlled substance on premises of educational facilities; and committing assault and battery upon teachers or other school personnel.

Additionally, students cannot have been suspended for more than 10 total days during the current and previous school semesters.

Driver’s Eligibility Certificate

To receive a driver’s license a student must acquire a Driver’s Eligibility Certificate. Parents must give written consent on the certificate for the categories of information obtained to be released to and presented to the Division of Motor Vehicles. The revision relates to the Federal Education Rights and Privacy Act (FERPA). A major bill provision requires the State Board of Education, through rules adoption, to develop uniform procedures for enacting the legislation, including standardized forms. The bill will be considered by the full committee next week. As of publication time, it had not been assigned a bill number.

Hunter safety measure

In other action, Senate Education Committee Tuesday passed a bill that creates a hunter safety program in the public schools. The bill requires the state superintendent of schools and the Department of Natural Resources to set up the program that will be offered over a two-week period during the school year for grades 8-12 as part of the required physical education curricula.

The program is voluntary for students and goes beyond gun training and safety. Bill sponsor Sen. Billy Wayne Bailey, D-Wyoming, said students also will  have an opportunity to learn survival/first aid skills, bow-hunting techniques and safety, ATV safety, conservation and ethical hunting. The bill was adopted without debate.

In discussing technical aspects of the bill, Senate Education Committee counsel Hank Hager explained 1995 Safe Schools legislation allowed firearms on school properties if their presence constituted a “valid education purpose.” That language was added, in part, to allow West Virginia University’s Mountaineer mascot to use a firearm.

 Hager stated the West Virginia Department of Education/DNR rule is not likely to permit use of “live firearm training,” although Sen. Jon Blair Hunter, D-Monongalia, said some Junior ROTC programs include instruction in “live firearms training” and that one school in his area has a firing range.


Possible opposition

This line of discussion along with Bailey’s comments regarding safety of firearms programs may be the counter to what bill critics have said in the past regarding the legislation – that it is illegal to have firearms on school grounds or that participation in these classes could be dangerous to students as hunting may be.

In terms of the former, Bailey produced statistics from American Sports Data Inc. which show that compared to basketball, running/jogging, soccer, football (tackle), and several other sports, “hunting accidents” accounted for 1.0 percent of total injuries from among 211,202 injured sport participants. He contrasted that figure for basketball which accounted for 13.8 percent of injuries, jogging/running for 8.2 percent of injuries, soccer for 8.1 percent of injuries, and football and baseball accounting for 5.4 and 3.0 percent of injuries from 20 class sports. The information was prepared by American Sports Data Inc., a recreational sports industry-related group. The Website link for the study is http://www.familiesafield.org/pdf/Injury_page.pdf American Sports Data Inc.’s Website address is http://www.americansportsdata.com/sports-injury-rates-statistics.asp

Based on the statistics, Bailey said hunting injuries constitute a “small percentage of the (sports-related) injuries we have.”


Meta-study

According to a 2005 meta-study conducted by Penn State University’s School of Social Policy and Practice, few U.S. federal governmental statistics are available regarding hunting accidents among youth. That was one of several findings, based on a study of recreational gun use by adolescents in California which also explores the efficacy of hunter education programs among young people, pointing out that a significant number of hunting accidents are caused by “carelessness.” 

The study Website link is http://repository.upenn.edu/cgi/viewcontent.cgi?article=1076&context=spp_papers

Life-long sport

The Wyoming County senator said the bill will allow students to be taught a “sport that will be with them for the rest of their lives” – a point made by bill supporters who said the measure will help replenish the number of hunters in the West Virginia woods. According to DNR officials, those numbers have been dropping and officials hope that if more young people take the hunter safety courses in school they will be more likely to take up the sport. For other information regarding sports injuries, refer to the National Center for Health Statistics which is affiliated with the Centers for Disease Control and Prevention - http://www.cdc.gov/nchs/about/major/ahcd/injurytable.htm

The bill is supported by the National Rifle Association. According to their Website, American Sports Data Inc. conducts research for the sporting goods, fitness and health club industries and research for entities such as American Youth Soccer Organization, National Sporting Goods Association, Wilson Sporting Goods, Smith and Wesson, among others. The bill is Senate Bill 9.


House Education Committee action

In other action this week, the House Education Committee:

Approved House Bill 4059. That measure would make a current school bus operator eligible for continued employment if he or she is issued a passenger endorsement for a Commercial Driver’s License through the Division of Motor Vehicle’s Intrastate Waiver program for drivers who have diabetes. The bill also applies to Head Start drivers and other vehicle operators regulated by the state Department of Education, including Department of Health and Human Resources operators. The measure, which had been referred from the House Health and Human Resources Committee to House Education Committee on second reference, is on House Special Calendar Third Reading (passage stage) today. For more information on the proposal refer to the Jan. 25 and Feb. 1 issues of The Legislature online newsletter.

Approved House Bill 4062. The bill relates to teacher certification. The major purpose is for the State Board of Education to promulgate a rule governing the operation and approval of expedited programs to allow currently certified teachers to obtain additional teaching endorsements. Additionally, the bill would allow teachers certified to teach Grades K-6 or K-8 to be assigned to teach any subject covered under their certificate, including either a departmentalized or self-contained structure.

A third bill provision would let persons who have a bachelor’s degree in a field other than education to become classroom teachers. This is accomplished, in part, by removing a current requirement that persons who seek such positions acquire a minimum 18 higher education credits hours, including three semester hours in special education and diversity. Instead, the bill would require the state superintendent of schools and higher education institution to agree on a program to deliver that instruction. 

Lastly, the bill would permit the State Department of Education to accept an electronic equivalent of an official transcript of college courses a teacher takes for certificate renewal. Higher education rules implemented under terms of this bill would be presented to the Legislative Oversight Commission on Education Accountability, although LOCEA does not have authority to act upon state board rules based on a 1998 State Supreme Court of Appeals case.

Adopted Senate Bill 459. That measure, as adopted by the Legislature, would enact rules relating to the School Building Authority of West Virginia, and a PROMISE Scholarship rule.  

OK’d House Bill 2202. The bill would extend law enforcement powers to campus police officers (CPO) at private colleges in the state. As introduced, the bill did not require the CPO to receive law enforcement training before acquiring law enforcement powers.  The committee amendment requires a CPO to receive law enforcement training prior to acquiring law enforcement powers.

Adopted House Bill 4434.The purpose of this legislation is to extend to the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education the authority to enter into lease-purchase agreements for equipment and capital projects.  Under current law, colleges and universities have the authority to enter into such agreements.
Medical loan forgiveness.

Approved House Bill 4433. The bill would increases the maximum annual forgiveness amount on Medical Student Loans from $5,000 to $10,000 to match the amount of the loan. In 2005, the Legislature approved a change in the Medical Student Loan Program (MSLP) legislative rule that increased the annual loan maximum from $5,000 to $10,000, but current statute precludes the HEPC from forgiving the full amount of the loans.

A graduate’s loan will be forgiven if he or she serves as a doctor in a medically under-served area or in a medical specialty in which there is a shortage of physicians, as determined by the Division of Health at the time the loan is granted. Forgiveness for each annual loan requires 12 full months of service. Under terms of the bill, the MSLP takes a portion of medical students’ tuition and fee payments and places them in a special fund to be used for these medical student loans. The fund does not receive state appropriations, so there is no cost to the state. There currently is an excess of approximately $2.5 million in the fund due to the low level of loan forgiveness.

OK’d House Bill 4341. That measure would entitle a person who has National Board of Professional Teaching Standards (NBPTS) certification while employed as a teacher to continue receiving the $3,500 salary bonus for that certification if employed as a school principal, assistant principal or instructional leader. Another bill provision states that an NBPTS-certified teacher who renews the certificate continues to be eligible for the bonus. The bill has a second reference to House Finance Committee.

Approved House Education Bill 4477. That measure would allow the State Board of Education to pay the $50 exam fee for individuals taking the General Education ED exam, with the WVDE paying the fee directly to the GED testing center. The bill provides legislative findings regarding the value of a high school equivalency diploma to someone who has not graduated from high school; and the likelihood that a person without a high school diploma lacks the credentials to get a job and for that reason is not able to afford the cost of the exam.

Additionally, the bill outlines eligibility requirements for an individual to qualify for payment, which include: Successfully completing a GED preparation program and the GED Official Practice Test, registration for the GED exam with a GED testing center that is approved by the State Board of Education and other requirements as determined by the state board in a rule required by this section.

Adopted House Bill 4478. The measure would limit the mid-year transfer of certain school employees working with students with exceptionalities. As explained by House Education Counsel Candace Kraus, current law prohibits autism mentors and aides from providing services to students who are autistic or who have been diagnosed with autism spectrum disorder from transferring during the instructional term.

This bill would extend that limitation on transfer to any aide, paraprofessional or interpreter who is assigned to work with a student who has an individualized education program (IEP) that requires one-on-one services. The bill allows the employee to transfer if he or she does not hold valid certification, or if transfer is in the best interest of the student.  Kraus said the purpose of the proposed statutory change is to minimize the disruption to students who benefit from continuity of service providers. This bill recognizes there are conditions in addition to those related to autism that can be impacted by having multiple service providers during the school year.

Senate Education Committee action

Thursday’s Senate Education Committee deliberations will be covered in the Feb. 15 issue of The Legislature online newsletter. 

Bus travel times bill. In their Monday meeting, the committee is to consider a measure relating to bus travel times.

Sources: WVSBA reporting, House Education Staff, Senate Education staff, MetroNews.


Full House Education Committee likely to receive proposed PSSP changes early next week; new cost estimates, Fiscal Note provided by Office of School Finance Thursday


A House Education subcommittee is likely to recommend Public School Support Plan (PSSP) revisions to the full committee early next week.


Philosophical underpinnings

During its Thursday meeting, the subcommittee reviewed “philosophical” underpinnings regarding proposed changes in the state’s funding formula – the last major revisions being made in 2007 (mainly local tax share calculations).

Subcommittee members conclude the proposed legislation  directly addresses needs of students through provision of additional nurses, school counselors and technology assistants, which would be a newly-funded PSSP position;  reflects changes in special needs student identification which, in some ways, is being driven by federal regulations (Response to Intervention – RTI);  and  recognizes the needs of counties having less than 1,400 students.

Members also contend the proposal more closely reflects student counts through its emphasis on net enrollment and creates efficiencies as well as. Subcommittee chairman Del. David Perry, D-Fayette, said the Thursday discussion should focus on what the bill would accomplish in a prospective sense and urged members to lay aside financial considerations. “Let’s not get hung up on numbers,” he said.

$129,000 loss to Tyler County

Del. Roger Romine, however, began the “numbers” line of questioning by pointing out his county would “lose” $129,000 at the end of three years when the PSSP program phase-in is completed. According to committee discussions, all PSSP provisions will be implemented the first year, instead of incremental as had been previously considered, with either a three year or five year phase-in. A decision, however, has not been made as to the particular timeline. House Education Counsel David Mohr and West Virginia Department of Education Office of School Finance Executive Director Joe Panetta said, however, during any bill phase-in, county boards would be funded on basis of whichever amount of dollars were greater – either those generated by the current PSSP or the newly created “formula” provisions.

Funded on what “treats you best”

“Whatever one (the current PSSP or the newly created formula) treats you the best is the one you get funded by,” Mohr said.
At the end of the bill’s third year of implementation, counties would be funded strictly in terms of the “new” PSSP, according to Panetta. Thus, the measure’s proposed “hold harmless” provisions exist for three years, giving county school boards time to adjust to the “new” PSSP.


“Everyone is getting a three-year warning that life is going to change,” said Del. Richard Browning, D-Wyoming.

“Three chances to get ready”

Perry echoed the sentiment: “You will have three chances to get ready for the fourth year.” In terms of the legislation’s cost, it may not be $48.8 million during the next three fiscal years due to factors such as declining student enrollments which creates the need to recalculate revisions annually. “That (the $48.8 million figure) gets you in the ballpark and that’s about it.”
In discussing that further, Browning pointed out the proposal places additional funds “back into education” and that the roughly $16 million per year annual increase should be viewed in terms of what the “old” PSSP would have required.

 

“Pays for itself”

Perry and Mohr commented further that the $16 million reflects the rough increase in local tax collections from year-to-year. “It pays for itself in local share dollars,” Perry said. In terms of accommodating county boards “beyond” the three-year phase-in funding based on the greater of current PSSP funding and the new proposal, no such funding was contemplated.

“I know it’s philosophy to reduce special education funding, but we do not want to throw any county under the bus,” Del. Walter Duke, R-Berkeley, said. Currently, the Pendleton and Pocahontas counties boards receive special legislative appropriations supplement PSSP funds. Major bill provisions include:

The change to net enrollment is being driven partly – if not largely – by changes in federal special needs student legislation which emphasize earlier identification of these students. This can be accomplished in West Virginia through the state’s pre-school program, according to committee testimony by officials. Counties are divided into four groups based on student density per square mile as follows: sparse - less than five students/sq. miles; low - five to less than 10 students/sq. mile; medium - 10 to less than 20 students/sq. mile; and high - 20 or more students/sq mile; Allowances for PSSP Steps I and II are based on these groups.

The same four groups are used as the base for the allowance for operations, maintenance and contracted services for student transportation: Sparse, 95.0 percent; low, 92.5 percent; medium, 90.0 percent, and high, 87.5 percent .The additional allowance for using alternative fuels will be 10 percent.

The measure creates dedicated positions for 422 additional support personnel – school nurses, school counselors and technology specialists. The following ratios as 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 and adjust the net enrollment limits for Step 1 accordingly.
The allowance for operation and maintenance of facilities (Step VIA) would be calculated at 90 percent of state total expenditures.
Alternative education would be “funded” at $24 per student net enrollment. Advanced placement funding would be based on 1.0 percent per pupil for the previous year.

The current 34/1,000 waiver, low enrollment, and funding for additional school nurses is eliminated. (Other revisions address these issues.) The current allowance for low student enrollment is eliminated. The current allowance for PSSP Step V (administrative costs) is eliminated. The temporary allowance for student health services is eliminated.

Any county board that is projected to receive less state aid under the proposed revisions by basing the county’s allowance on the current provisions during the phase-in would be held harmless. For the current year, only Tyler County is in that situation.
All provisions will be implemented the first year instead of incremental as had been previously considered, with either a three year or five year phase-in, but a decision has yet been made as to which one to select.

A county-by-county analysis of the proposed PSSP changes is posted on the association’s Website homepage.

Sources: WVSBA reporting, House Education Committee staff and Office of School Finance.



Note: The Bill Almanac may be used to track measures considered by the House and Senate Education Committees (as well as pertinent legislation from other committees). For purposes of brevity, a short title is used along with the bill’s current status. Other bill history usually is omitted. Only bills reported from subcommittee or committee are listed. Bills originating in committee are listed once they are given a bill number.  The Legislature’s Website link to each bill is included. Senate Bills are listed first. The Bill Almanac is updated weekly.
 
Senate Bills:

House Bills


√√ 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


Administrative Perspective


By Martha Dean

Action in the House of Delegates has speeded up. The Education Committee Monday took action on several bills. House Bill 4059 passed out of the committee and goes to the House floor. This allows school bus drivers who are insulin-dependent to continue to drive as long as they are being treated and follow their doctor’s treatment program.

Previously, when a diabetic driver became insulin dependent, he/she was forced to resign. This practice was considered dangerous as it may have led to some people not taking insulin because they were fearful of losing their jobs and not being able to collect disability.

House Bill 4062 was reported out of Del. Dave Pethel’s, D-Wetzel, and HEC Subcommittee E and passed out of committee to the floor with a recommendation it be adopted by the Legislature. The bill would allow the State Department of Education to develop programs to make it easier for teachers to get additional endorsements added to their certificates. It also would allow K-8 or K-6 certified teachers to teach any subject they could teach to a self-contained class in a departmental setting.

Senate Bill 459 is a measure to approve legislative rules of the Higher Education Policy Commission regarding the PROMISE scholarship program as well as rules relating to the School Building Authority of West Virginia. Previously, the SBA could promulgate rules without oversight by the Legislature. They now must present their rules to the Legislature for approval.

The House Education Committee also passed out an originating bill on medical student loans. It would increase from $5,000 to $10,000 the level of forgiveness available to doctors who practice in medically underserved areas or specialties.  This bill would go to the Finance Committee before going to the full House.

A second originating bill was passed by House Education Committee. This one deals with a loan program for competitive energy and water savings projects. I think only Marshall University and West Virginia University are eligible to apply for the funds to develop energy savings projects. The bill passed to House Finance Committee before going to the floor.

House Education Committee Tuesday passed out House Bill 4341 to Finance Committee as amended. This bill provides that teachers certified with National Board Professional Teaching Standards would continue to be entitled to their bonus if they would accept another job in the county such as a principal or central office administrator.

Subcommittee C ( Del. Richard Browning, D-Wyoming as chairman) presented House Bill 2202 which passed out of committee to the Judiciary Committee. The bill allows private colleges to secure campus police officers who must receive training through the State Police Academy.

Following action on the bills, West Virginia Education and the Arts official Jack Wiseman presented information concerning the WV FAIR and WV PASS programs of the Department of Education and the Arts. The programs are tailored to increasing  the state’s college-going  rate.

At the end of the regular committee meeting, two subcommittees met. Subcommittee C, headed by Del. Richard Browning, D-Wyoming, met to discuss House Bill 4159 which would keep college students who have alcohol offenses from continuing to receive financial aid. 

Subcommittee E also met (Del. Stan Shaver, D-Preston as chairman) to consider House Bill 4406. This bill would codify the recommended bus travel times for students in grades PreK-5. The bill would only impact travel times for new schools. The recommended travel time is 30 minutes. If a board were to exceed that by 30 minutes, it would mean no new travel times could be established by more than 60 minutes. This bill will probably be before the entire committee soon. Those counties with very low student enrollments are funded at the 1400 student floor.  Advanced placement students will have a separate funding stream.  The service personnel 34/1000 waiver is being eliminated. 

Thursday afternoon, the full House Education Committee met to hear a presentation and to pass out two bills, both originating in the committee. The first bill would have the state, through the Department of Education, pay the $50 fee for those who adhere to certain rules and take the GED test. This bill now goes to House Finance Committee.
The second bill expands on last year’s bill which addressed autism aides. It would prohibit the transfer of any aide or paraprofessional who works directly instructing a student during the school year. These individuals could apply for a transfer, but it would not become effective until the end of the year. There are provisions for exceptions. The bill will go directly to the floor.

Subcommittee B met to consider House Bill 4023. The original bill would have required a C average for students to keep a driver’s license. It was previously discussed and there were problems with implementation. The bill agreed upon would add to the current law which requires students to remain in school until graduation. It would not require a C average, but would require a statement from the school that the student is making satisfactory progress toward graduation. It would further add the provision that a student cannot be suspended or expelled due to violent behavior or drugs. The bill passed out of subcommittee and will go to the full committee.

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

 

WVSBA Briefs


Public School Support Program (school aid funding legislation) will be discussed at length during the West Virginia School Board Association’s 2008 Winter Conference Feb. 22-23 at the Charleston Marriott Town Center hotel.

Cal Kent, Ph.D., a Marshall University researcher and economist, will present the latest information regarding likely 2008 PSSP legislation. His comments will be followed by a panel discussion and concluding comments and remarks.

Copies of the latest PSSP legislative proposal(s) will be distributed to members at the meeting and in advance of the meeting if that information is available. 

First Lady Gayle Manchin is keynote speaker.

Transportation will be provided to the Capitol beginning at 8:45 a.m. Friday, Feb. 22, for members to visit legislators. Association members are responsible for making individual appointments and other arrangements with legislators.

The conference concludes with a discussion concerning a recent West Virginia Ethics Commission opinion concerning how public entities are to consider input from delegations. Presenters include Howard Seufer Jr., association counsel, and WVEC Executive Director Lew Brewer.

The School Board Association and state Association of School Administrators will provide box lunches for legislators. If you wish to volunteer to assist at the “lunch stations,” contact Shirley Davidson, administrative assistant at sdavidson@wvsba.org.

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

Saturday, Feb. 23, programming features a general session relating to school health and nutrition. Association President Sally Cann (Harrison) will be present that session along with WVBE member Barbara Fish (Wood).

The conference concludes with a discussion concerning a recent West Virginia Ethics Commission opinion concerning how public entities are to consider input from delegations. Presenters include Howard Seufer Jr., association counsel, and WVEC Executive Director Lew Brewer.

A copy of that opinion will be mailed prior to the conference so members can prepare for the session. Due to last minute logistics, the mock board meeting format will not used.

The program adjourns at noon.

The association’s Executive Board will meet 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. Executive officers and regional officers will be elected during the conference.

Note: According to WVSBA Administrative Assistant Shirley Davidson, 200 board members, county superintendents and administrators are registered for the conference. She urged members to contact county board executive secretaries to register for the conference. 

 


As noted in the Feb. 1 issue of The Legislature online newsletter, the following are procedures for those interested in seeking WVSBA executive offices at the FY09 Annual Business Meeting:

The procedures are:

All Executive Committee slots are open for nominations, including president, president-elect, vice president and financial officer. Debbie Phillips (Putnam) now serves as vice president and Rick Snuffer (Raleigh) serves as financial officer. Steve Cook (Monongalia) had served as president-elect, but due to his opting to run for Monongalia County Commission, that position is vacant. Thus, delegates to the FY09 Annual Business Meeting are responsible for electing a president, president-elect, vice president and financial officer. While current Executive Officers Philips and Snuffer may apply for those positions, they are open for application by any member of the association based on procedures below.

Association Constitution and Bylaws state nominees for any elective association position may be made from the floor with the consent of the one(s) being nominated. Persons have until Feb. 20 to apply for positions. The committee prefers one apply by an e-mail forwarded to each of us, although members may apply in writing. No telephone applications will be accepted. Once one applies, he or she will receive notification their application has been received. The Nominating Committee’s role from that point is to collate the name(s) of persons applying, reporting the final tally of names to the WVSBA Executive Board at the Feb. 21 meeting. The executive board’s only role, at this point is to receive the report.

Friday, Feb. 22, at the conclusion of the association’s Winter Conference First General Session, each person(s) having applied for an executive officer position will be allotted three minutes to respond to three questions the Nominating Committee will pose. A member of the Nominating Committee will provide each applicant a copy of three questions 30 minutes in advance. Strict timelines will be observed. As questions are distributed, lots will be drawn as to applicants’ sequence in making remarks.
Please contact only members of the Nominating Committee if you have questions about the procedure(s). Do not contact any member of the association staff for this purpose or member of the WVSBA Executive Board.

Regional directors and associate regional directors will be elected at caucuses Feb. 23, following the election for executive officers. Regional officers will be contacted to determine if they wish to continue to serve, particularly individuals who rarely attend executive board meetings. If a current officer does not want to continue to serve that point will be noted during regional caucuses.
Announcement of WVSBA Nominating Committee procedures will be posted in each issue of The Legislature published prior to the Winter Conference. If you have questions or comments, please contact Pete Dougherty. His contact information is:  telephone 202.461.7390 (work) or email peteboe@yahoo.com and pete.doughertyt@va.gov

Judi Almond (Raleigh) also serves on the committee, along with Pat Jones (Barbour). Their contact information is: 304.255.6722 or judialmond@hotmail.com and 304.457.3894 or patchingaps@msn.com.

 


Thursday, Feb. 21  
7:00 PM WVSBA Executive Board Meeting
Friday, Feb. 22  
8:45 AM Visits to Capitol
1:00 PM First Lady Gayle Manchin Keynote Speaker
2:00 PM “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,  etc.

Question/Comment Period

Concluding Remarks
2:30 PM Refreshment Break
4:00 PM Presentation of Candidates for WVSBA Executive Officers Positions
4:15 PM Adjournment
7:00 PM Participant Discussions

Session I: General Topics

Session II: 2008 Legislation
Saturday, Feb. 23  
7:00 AM Breakfest
8:00 AM Annual Business Meeting
9:00 AM West Virginia Board of Education Nutrition Policies / School Health



Policies: Barbara Fish (Wood), WVBE member, and Sally Cann (Harrison), WVSBA president
10:00 AM Refreshment Break
10:15 AM West Virginia Ethics Commission Rulings Regarding “Delegations”/Meetings Management

Howard E. Seufer Jr. of Bowles, Rice, McDavid, Graff & Love, WVSBA Counsel; and Lewis Brewer, executive director of West Virginia Ethics Commission
Noon Adjournment

 


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

 

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

 

WVSBA Presidents Retreat '08
July 18-19
Glade Springs Resort, Daniels

 

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


Resources


By Sarita A. Rhonemus

A low-cost, high-impact college-access program in West Virginia is encouraging more state students to continue to post-secondary education.

The West Virginia Access Center for Higher Education is a tax-exempt corporation established in 1998 with the mission of encouraging and inspiring more West Virginia students to attend post-secondary education. The WVACHE provides Access Project grants to participating high schools on a competitive basis. The program is based on the award-winning model developed by the Ohio Appalachian Center for Higher Education.

Studies have shown a direct correlation between education and economic prosperity. The college degree has essentially become what the high-school degree used to be: A requirement for (though not a guarantee of) securing a middle-class income. Unfortunately, many West Virginians' perceptions of higher education have not kept pace with the changing reality. Without a well-educated citizenry, our state risks falling further behind in competition for quality, living-wage jobs.

Studies have shown a direct correlation between education and economic prosperity. The college degree has essentially become what the high-school degree used to be: A requirement for (though not a guarantee of) securing a middle-class income.

Unfortunately, many West Virginians' perceptions of higher education have not kept pace with the changing reality. Without a well-educated citizenry, our state risks falling further behind in competition for quality, living-wage jobs.

The purpose of the WVACHE’s Access Project grant program is to support schools in encouraging and streamlining students’ progress across a major transition from secondary to post-secondary education. WVACHE awards modest grants to high schools and technical centers. First-time grantees may apply for up to $10,000 per year for two years. The maximum for previously funded schools is $6,000 annually.

Typical activities include field trips to college campuses, business alliances, parent meetings, college/career fairs, use of college exploration software, and teacher visits to schools and businesses. “These activities help students and their parents explore college opportunities and career possibilities while, at the same time, demystifying the college experience as well as building students’ confidence and self-esteem,” explained Sarita A. Rhonemus, WVACHE executive director.

Based on  college-going rate increases reported by 14 West Virginia schools receiving funds in the recently concluded 2005–07 grant cycle, an estimated 497 additional graduating seniors enrolled in college in fall 2007 than would have without participating in an Access Project. Schools are sustaining increases after their grants end. Grantees consistently report the program has changed the culture of their school, resulting in less truancy, less disruptive behavior, better grades and an atmosphere in which higher education is valued and seen as the next step for most students.

“Post-secondary education has never been more important to the well-being of individuals, their families, their communities and the state,” said WVHEPC Chancellor Brian Noland. “Unfortunately, the state of West Virginia experiences pronounced systemic challenges that limit the likelihood of students, especially those from disadvantaged groups, from navigating the educational continuum and entering post-secondary education.”

Based on  college-going rate increases reported by 14 West Virginia schools receiving funds in the recently concluded 2005–07 grant cycle, an estimated 497 additional graduating seniors enrolled in college in fall 2007 than would have without participating in an Access Project. Schools are sustaining increases after their grants end. Grantees consistently report the program has changed the culture of their school, resulting in less truancy, less disruptive behavior, better grades and an atmosphere in which higher education is valued and seen as the next step for most students.

WVACHE hopes to extend the program beyond the 14 current grantees. “The only hurdle we face in expanding the program is funding,” said Rhonemus. “Our efforts are currently dependent upon grants and donations.”

Contributions to the WVACHE are tax-deductible and may even be eligible for a state tax credit. More information about WVACHE and how to make a contribution is available by calling 304-327-4096 or use email - sarhonemus@wvache.org. The Website address is www.wvache.org



Sarita A. Rhonemus is executive director of the West Virginia Access Center for Higher Education.

 

Commentary


By Pat Law

For years, the need for change in the school funding formula has been discussed throughout the state’s education community. School system representatives have voiced distress about the funding crunch. This problem is different for each county, but it has had the same effect – greater difficulty in meeting the financial demands of an ever more demanding and complex educational world. The West Virginia funding formula no longer meets the needs of county school systems.

The Pocahontas County School System has been uniquely affected. But to understand our problem and why a change in the funding formula is needed, one must understand our county.

The Pocahontas County School System has been uniquely affected. But to understand our problem and why a change in the funding formula is needed, one must understand our county. If you have never visited Pocahontas County I highly recommend that. It is truly a beautiful part of the world. Pocahontas County, according to the 2000 United States Census, was the most rural county east of the Mississippi River. Our county population is only a little more than 8,000 people. Our student enrollment is 1,205 and enrollment has dropped by more than 200 students in the last five years. Small size and a declining enrollment is a problem, but our problem is exacerbated because we are geographically a very large county with some of the highest and most rugged terrain in the state. Additionally, 58 percent of our county’s land area is occupied by state and national forests, parks and trails.

The current funding formula only fits an ideal where every classroom has the ideal number of students and students travel on buses that have the ideal number of passengers. The discrepancy between the ideal and the reality of Pocahontas County is putting great stress on our ability to pay for our students’ educational needs. Without a change in the funding formula our county will soon be in deficit.

Our geography causes our students to exceed the maximum time the state recommends for students to spend on a bus and we transport almost all of our students. Due to our time and distance issue, we are also unable to make multiple bus runs with the same bus. The SBA (School Building Authority) does not recommend that our county seek to consolidate schools for these reasons. Long bus routes require us to hire more bus operators than counties of similar populations.  Additionally, our schools are isolated from each other, creating classroom size inefficiencies. For example, one of our schools has a third grade class of only seven students. Another elementary school has two classes per grade but exceeds the state’s maximum allowed per classroom by one or two students in each grade level. This requires us to hire an additional teacher for each grade, yet we cannot consolidate and our attempts to pass a levy have historically met with very low support.

Without a levy, Pocahontas County must rely on the state to provide funding for our students. The current funding formula only fits an ideal where every classroom has the ideal number of students and students travel on buses that have the ideal number of passengers. The discrepancy between the ideal and the reality of Pocahontas County is putting great stress on our ability to pay for our students’ educational needs. Without a change in the funding formula our county will soon be in deficit.

We believe the new formula being considered by the Legislature provides some solutions and recognizes some of our unique problems. We also believe no county fits that ideal and no county should have a reduction in funding due to efforts to correct the formula. But, the funding formula must be changed.

Pat Law is superintendent of Pocahontas County Schools.

By Perry Bryant

House Bill 4051 is the “Soft Drinks in Schools” bill.

Last spring the Institute of Medicine (IOM) issued a report called "competitive foods" in schools. The report does not deal with school breakfast and lunch programs, but foods sold in vending machines, etc. The executive summary of the IOM report can be viewed on the West Virginians for Affordable Health Care’s web site (www.wvahc.org).
   
IOM recommendations were to eliminate transfats and limit unsaturated fats, sodium, sugar and total calories for snacks. Beverages would be limited to water, 100 percent fruit juices and low and no fat milk during the school day. The IOM did recommend diet soft drinks could be sold in high schools after the school day.

The West Virginia Board of Education adopted the IOM recommendations on snacks, but was prevented from adopting the recommendations on banning soft drinks during the school day because of a statute that allows high schools to sell soft drinks.
   
An interim committee wrote the IOM recommendations into a draft bill  --  HB4051 and Senate Bill 222.
               
The House of Delegates Health and Human Resources Committee decided that rather than write the IOM recommendations into statute it would allow the state Board of Education to set the nutritional standards for beverages as it does all nutritional standards.
   
 If this approach is adopted by the Legislature, it is likely the state board will ban soft drinks from schools during the school day.                 

 HB4051 was passed by the House Health Committee and is pending in the House Education Committee.

Those interested in helping to curb childhood obesity and improve the oral health of children should contact members of the House Education Committee. Their names and e-mail addresses:

Mary

Poling, Chairwoman

marypoli@mail.wvnet.edu 

Brady

Paxton, Vice-Chairman

bpaxton@mail.wvnet.edu

Richard

Browning

rbrwning@mail.wvnet.edu 

Gerald

Crosier

gcrosier@mail.wvnet.edu

Walter

Duke

wduke@mail.wvnet.edu

Ted

Ellis

tedellis@mail.wvnet.edu

Tim

Ennis

tennis@mail.wvnet.edu

Ron

Fragale

rfragale@mail.wvnet.edu

Eustace

Frederick

efreder1@mail.wvnet.edu

Louis

Gall

bg201@suddenlink.net  

Lynwood

Ireland

lireland@mail.wvnet.edu

Jonathan

Miller

jonathan@delegatejmiller.com

Ricky

Moye

rmoye@mail.wvnet.edu

David

Perry

dperry7@mail.wvnet.edu

Dave

Pethtel

dpethtel@mail.wvnet.edu

Ralph

Rodighiero

rrodigh@mail.wvnet.edu

William

Romine

wromine@mail.wvnet.edu

Ruth

Rowan

rrowan@mail.wvnet.edu

Stan

Shaver

sshaver@mail.wvnet.edu

Dale

Stephens

dalestephens@adelphia.net

Linda

Sumner

lsumner@mail.wvnet.edu

Jeffrey

Tansill

jtansill@mail.wvnet.edu

Danny

Wells

dwells@mail.wvnet.edu

Larry

Williams

lwillia1@mail.wvnet.edu

Locke

Wysong

lwysong@mail.wvnet.edu

 

Perry Bryant is executive director of West Virginians for Affordable Health Care
His contact information is perrybryant@suddenlink.net

www.wvahc.org 304-344-1673 (Work)/304-533-7941 (Mobile telephone).

 

ETC.


Colorado Senate President Peter Groff, D-Denver, has introduced The Innovation Schools Act of 2008 -- legislation encouraging state schools to seek more freedom in hiring, scheduling and spending. Under Groff's bill, a school -- or a group of schools -- would submit a plan to the local school board for approval. If the board agrees, it could seek to become a "district of innovation" from the State Board of Education and the education commissioner. Winning that designation would free the school from state rules governing the hiring and dismissal of teachers, among other regulations.

It also would allow the school to be removed from any collective-bargaining agreement or union contract, although removal from a union contract would require approval by a majority of staff in the school. Predictably, the plan is opposed by Colorado teacher unions, but Groff is not deterred: "I vote with the union 99 percent of the time, but there are times when we need to ask . . . “What's in the best educational interest of the child? It's about clearing out a lot of the bureaucracy we have created and the districts have created all of which, at the time we did it, probably sounded really good." The Colorado Education Association, the state teachers union, issued a statement saying, "there is no research to show that abandoning state laws and collective-bargaining improves student achievement. We oppose several parts of Groff's bill.”

--  Rocky Mountain News – Feb. 1, 2008.   

 

 

“The one duty we owe history is to rewrite it.” – Oscar Wilde, Anglo-Irish dramatist and poet (1854-1900).

 

“Does this mean we haven’t funded them (the Wirt County Board of Education) properly in the past?”
– Del. Richard Browning, D-Wyoming, discussing a provision of funding legislation being considered by a House Education subcommittee. (The Wirt Board would receive an additional $1.4 million in funding under terms of that proposal).

“It takes money. You’ll learn about that in a few minutes …”
-- Darrel Bias, principal at Chapmanville East Elementary School in Logan County. He and Mike Johnson, principal at Logan Elementary School, presented to House Education Committee Thursday, calling for deployment of technology assistants at each school in the state. Their plan would include an initial 30 such individuals for a cost of $1.8 million. A House Education subcommittee proposal would establish those positions countywide.

“It’s the right things to do…”
– Bob Brown, state School Service Personnel executive secretary, discussing a bill approved by House Education Committee that would maximize continuity of teachers’ aides for autistic students by limiting some transfers. Brown said the measure would affect fewer than 100 school aides, although no specific records are available statewide.

“We’re trying to teach them a sport that will be with them the rest of their lives…”
– Sen. Billy Wayne Bailey, D-Wyoming, discussing Senate Bill 9 -- a bill he sponsored relating to hunter education in public schools.

“That’s the intent of the bill (House Bill 4062) to make it easier for a teacher to be able to get qualified to teach in another (content) area…”
– House Education Counsel David Mohr explaining a measure relating to alternative teacher certification.

 

Last Word


By Steven L. Paine

West Virginia’s high school students will have to work a little harder to earn their diplomas beginning this fall. State school officials have adopted more difficult graduation requirements that will make the state an education leader.

The stronger curriculum is an essential part of our 21st Century Learning initiative. We have abandoned the good enough mentality so students can learn how to deal with the unknowns of today’s ever changing global economy.

High school students will be required to earn 24 credits, including four units of English, social studies and mathematics; three of science; one each of physical education, health and the arts; and two electives. Remaining credits are determined by the student’s career plans. It also is recommended that students take at least one course in technology applications, complete an online learning experience and complete a senior project.  

High school students will be required to earn 24 credits, including four units of English, social studies and mathematics; three of science; one each of physical education, health and the arts; and two electives. Remaining credits are determined by the student’s career plans. It also is recommended that students take at least one course in technology applications, complete an online learning experience and complete a senior project.

Research shows a remarkable correlation between courses high school students take and success after graduation. Students who take challenging courses score higher on college entrance exams, have greater success in college, fare better in the work place and earn more money whether they attend college.  

Still, a few skeptics have voiced concerns that raising standards will force some students to leave school. However, research shows little truth in the claim. Students do not drop out of school because they are asked to work harder. A National Governors Association survey of more than 100,000 students ages 16 to 18, found only 13 percent of students who left school or were planning to leave said the reason was the work was too hard. The most frequent reason cited for dropping out was that they were not learning.

A report by the Gates Foundation also dispels the notion students who drop out of school are failing. Six out of 10 surveyed had a C average or better when they quit. A report by Horatio Alger had similar findings. Nearly nine in 10 students said they would work harder if their high school expected more.

Across the nation, the shift from an industrialized society to information has changed the mathematics we need to learn to be successful in jobs and in life. More than 75 percent of all jobs now require proficiency in fundamental algebraic concepts, either as a prerequisite for advanced training, or as part of a licensure program, according to the National Research Council. More than two-thirds of all new jobs require some postsecondary education, with 40 of the 50 fastest-growing occupations requiring education beyond high school.

Mathematics is the key to opportunity, serving as a critical filter for employment and advanced training. Successful completion of algebra I is the most crucial point in that process. The study of algebra I has been described as the fork in the road where one direction leads to opportunities and the other to limited options.

Education data also shows algebra II is a threshold course for high-paying jobs. In particular, five in six young people in the top quarter of the income distribution have completed algebra II, leading more than half of U.S. states to require algebra II for nearly all high school graduates.

Algebra and/or geometry are needed for many fields of study. These include biology, chemistry, physics, astronomy, engineering, economics, computer science and building trades such as carpentry, plumbing, electrical and masonry require knowledge of mathematics.

While we have increased our standards, we want to be careful changes do not come at the expense of technical course offerings. Career and technical education has a long and rich history in the state with 25 percent of all high school seniors taking four or more career technical courses by graduation. This is particularly important today when 80 percent of all professions are classified as either skilled or professional. It is one reason we are looking carefully at state policy to determine if we can reduce other requirements.

Future high-paying jobs will require workers to have greater mathematics and technical skills. Algebra and geometry are gateway courses to all higher-level mathematics courses, such as trigonometry and calculus.

Mathematics is not just important academically, but understanding mathematics is a practical life skill. A working knowledge of algebra and geometry can help consumers choose the best cell phone plan, make wise investment decisions, determine the cost to carpet a room and understand the power and limitations of data and statistics.

While we have increased our standards, we want to be careful changes do not come at the expense of technical course offerings. Career and technical education has a long and rich history in the state with 25 percent of all high school seniors taking four or more career technical courses by graduation. This is particularly important today when 80 percent of all professions are classified as either skilled or professional. It is one reason we are looking carefully at state policy to determine if we can reduce other requirements.

We also must provide academic support to learners struggling with the more challenging curriculum.

Providing teachers with adequate resources and time for professional development is key to incorporating higher standards in classrooms. West Virginia’s teachers are some of the most experienced and dedicated professionals in the country. But they need training to help them blend their strong subject mastery with the 21st century skills needed in today’s digital world.

When students complete high school, they are no longer just compared with students from within their school, within West Virginia, or within the United States. They will be competing with students and workers from around the world. We must make sure every student leaves high school capable of making a living.

While not every person uses algebra and geometry daily, most will need it for college, career and life. Students who choose not to take higher level mathematics close the door to colleges that require it and careers and activities that rely on it. Requiring four years of mathematics in high school will help students be better prepared for college and more viable candidates for the work force.

 Stronger high school graduation requirements will better prepare our students for the good-paying jobs of the future, provide them with the fundamentals necessary to conquer a college curriculum and help attract businesses to West Virginia. We owe our children no less.

Steven L. Paine is West Virginia superintendent of schools.


*

 

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”