NEWS

Governor to honor county school boards

Gov. Joe Manchin next Thursday, Feb. 16, will issue a proclamation commemorating the contributions of West Virginia’s 55 county boards of education and the state’s 275 county board members.

West Virginia School Boards Association President Debbie Thompson (Pleasants) will attend the 10:45 a.m. ceremony.

Thompson commended the governor for his dedication and commitment to education.

“We have had several governors who championed public education but none as enthusiastic and dedicated as the governor and First Lady Gayle Manchin.

“We are deeply honored that he would acknowledge what we, as lay citizens, do to promote public education at the local level, especially in implementing state-level policies and programs that advance public education.”

She urges county board members to attend the ceremony that will be in the Governor’s Office Reception Room.

For more information, please contact Howard M. O’Cull, Ed.D., at hocull@wvsba.org

 

House Education wants a review of OEPA

OEPA procedures would be under the microscope

Legislation adopted by the House Education Committee Thursday would require the State Board of Education and state superintendent of schools to review West Virginia’s system of performance audits and report their findings to the Legislative Oversight Commission on Education Accountability by Dec. 31.

The current accountability system, created in 1998 as part of the “settlement” of the Recht school finance case, established the state Office of Education Performance Audits (OEPA).

House Bill 4260 states the review will ensure whether OEPA accountability standards, procedures and processes are “appropriate.”

The review also is aimed at determining if the educational accountability system is “achieving the expected outcomes established by the Legislature . . . [WVBE] and the No Child Left Behind Act.”

The accountability system study is to ensure that administrative costs necessary for compliance are minimized and to inform the state board of appropriate changes to OEPA policies and procedures.

Education Committee counsel David Mohr said the proposal emanated from talks between some House Education members, including longtime OEPA critic Del. David Perry, D-Fayette, and State Superintendent of Schools Steve Paine, Ed.D.

“[OEPA has] made a lot of enemies because they cite people for doing things wrong.” – Del. Ron Fragale

 

 

 

 

Del. Ron Fragale, D-Harrison, voted against the measure, alluding to what he said is a stance by some veteran HEC members to be “antagonistic and unhappy with this office [OEPA]” – a recurrent theme during the tenure of former House Education Chairman Jerry Mezzatesta, D-Hampshire.

He also said OEPA has “made a lot of enemies because they cite people for doing things wrong. Because of past [HEC] overtones toward this agency…I don’t want to be part of this,” Fragale said.

Other delegates, including Brady Paxton, D-Putnam, said OEPA and the accountability process, while necessarily “independent,” should be subjected to “checks and balances…Therein lies the problem.”

In closing debate, Perry said several circumstances, including federal adoption of NCLB require the state to examine the accountability process, especially to ensure “optimum emphasis” on teaching and instruction in the state.

Fragale voted against the measure, meaning it cannot be placed on the House Consent Calendar.

Second reference to House Finance may be abrogated, according to House Education Chairman Tom Campbell, D-Greenbrier.

The original bill would have removed the statutory requirement that the WVBE specifically establish and staff OEPA. The Senate has not considered this type House legislation in previous sessions.

 

Bill would let county boards lease to buy

House Education examines private transportation matters

By Shawn Fluharty

The Senate Education Committee on Thursday discussed Senate Bill 49 and Senate Bill 390. 
SB49 would allow county boards to enter into lease-purchase agreements for land, buildings and equipment, subject to School Building Authority approval and the stipulation that the lessor will abide by state Prevailing Wage Rate requirements.
The legislation was adopted by the Senate last year but died in the House of Delegates. It would help solve the problem some counties have in acquiring funds to build facilities, according to bill sponsors, including lead sponsor Del. Jon Blair Hunter, D-Monongalia.
SB390 authorizes the state Board of Examiners of Psychologists to promulgate a rule relating to “Qualifications for Licensure as a Psychologist or a School Psychologist.”
The bill would allow distance learning for doctoral candidates by eliminating the requirement that 80 percent of all coursework for psychological doctoral candidates be completed on campus.
Additionally, the rule requires that a graduate degree be granted by a college or university that is accredited by one of the six nationally recognized regional accrediting agencies.
Both SB49 and SB390 moved through the Senate Education Committee with unanimous approval. SB49 was referred to the Senate Finance Committee and SB390 to the Senate Judiciary Committee.

 

Private ‘buses’ would have to meet state guidelines

In other action Thursday, the House Education Committee adopted legislation that would require owners of private vehicles that are used to transport students to “school-sponsored activities” to provide proof to the county board that the vehicle and driver meet state Board of Education safety guidelines, including a background check requirement. The bill would apply to vehicles that seat 10 or more passengers. The Code amended would establish a proposed §18-5-13 (E).

Current law allows county boards to certify “professional employees” to drive board-owned vehicles with fewer than 10 passengers, providing the procedures followed conform to WVBE transportation guidelines.

A second bill provision would authorize county boards to lease school buses to public and private nonprofit organizations so students can attend activities such as fairs, festivals and other cultural and educational events.

The proposed legislation stipulates that these vehicles must be operated by regularly employed county board drivers during the “lease period” and that the lessee will pay all costs and expenses incurred by the lessee or incidental to the county board’s use of the buses.

Both bills may have their House Finance reference abrogated.

According to HEC Chairman Tom Campbell, D-Greenbrier, the committee may meet on Monday to consider a bill relating to professional educators whose employment with a county board was terminated voluntarily and who are seeking re-employment with that or another board. Action on the measure was delayed Feb. 7. 

For more extensive coverage of House and Senate Education meetings, refer to Administrative Perspective

Fluharty is an intern with Charles Ryan Associates in Charleston and a West Virginia University journalism student. Howard M. O’Cull, Ed.D., executive director of the West Virginia School Boards Association, contributed

 

College Summit aids application process

Nine W.Va. counties use program to encourage college enrollment

By Shawn Fluharty

Representatives on behalf of the College Summit program met with the House Education Committee on Tuesday to discuss the future of the program and garner support.

The College Summit program eases the transition to college for high school students. It also works with teachers to help them manage the application process. This includes completing financial aid applications and writing entrance essays – tasks of which parents often have little knowledge.

A goal of College Summit is to give youth the opportunity to attend college after high school graduation, especially students who might never have thought of it as an option, summit representatives said.

“I’ve seen a thousand programs come and go. This is the first I’ve seen worth it.” – Cari Pauley, National Board Certified teacher from Lincoln County

Guidance counselors simply do not have the time or means to help all students with their plans beyond high school, they said. That combined with parents who are not prepared to help their children through the process results in many students who do not pursue further education simply because they were not given any direction.

Cari Pauley, a National Board Certified teacher from Lincoln County, spoke about the importance of College Summit.

“I’ve seen a thousand programs come and go. This is the first I’ve seen worth it.”

She said this program lets students feel they can actually go to college if they want to. It empowers them and places a value on them that was never there before.

According to Pauley, 26 Duvall High School students have completed online college applications, with 23 of the 26 having completed ACT testing as part of required college admissions.

College Summit officials said they have seen similar results at Big Creek High School in McDowell County. At Big Creek, 50 students have completed college admission applications, with 44 applications completed at the end of the last school year.

Lincoln County Schools Superintendent Bill Grizzell and College Summit executive director Randy Shillingburg and Jody Pauley also briefed House Education members about the program.

College Summit is one of the fastest-growing college enrollment incentive programs in the nation, according to Shillingburg.

He said the organization’s ability to follow “every student from participating high schools through the entire application process allows the program to provide school districts with tracking and accountability.”

Since South Charleston High School implemented the program, officials there have seen an increase from 42 percent of seniors seeking college to 93 percent applying in 2005 via the Internet, according to Shillingburg.

Funding for College Summit is public and private, with 60 percent of finances coming from foundations and corporations, according to Jody Pauley. 

Unlike other programs that target only low-income or minority students to help them prepare for education beyond high school, College Summit is open to all students, no matter their background or income level.

Shillingburg said nine West Virginia counties are using the program: Lincoln, Clay, Gilmer, Kanawha, McDowell, Monongalia, Harrison, Roane and Wayne. He said the group actively seeks to add counties to the program.

Shillingburg made a similar presentation to the state Board of Education Thursday. Cari Pauley and Jody Pauley are not related.

The College Summit Web site is www.collegesummit.org and the telephone number is (304) 346-1981.

- Fluharty is an intern with Charles Ryan Associates in Charleston and a WVU journalism student.

 

Money missing from RESA agency

$1 million in education funds unaccounted for

By Anna L. Mallory
Staff Writer

Federal prosecutors are looking into missing money — more than $1 million — from one of the state Department of Education’s Regional Education Service agencies, state education officials said Wednesday.

Board of Education President Lowell Johnson said that he and other board members met with a representative from the state Attorney General’s Office to hear their options while the investigation is pending.

According to agency officials, state and federal investigations were sparked after “financial irregularities” occurred at RESA 1. That agency covers McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties and has its own executive director.

“As an advisory board, we were most concerned about these irregularities, and upon their discovery we quickly launched an internal investigation,” RESA advisory board chairwoman Deborah Akers wrote in a prepared statement.

Akers also is superintendent at Mercer County Schools.

“Following our internal discoveries, we requested both state and federal investigations, which are currently underway with our full cooperation,” she said.

She would not elaborate on the missing money, but McDowell County Superintendent Mark A. Manchin, also a member of the advisory group, said that more than $1 million is unaccounted for over the past five years.

Johnson said he found out about the investigation on Tuesday, but Akers said the RESA advisory council had been looking into the issue for the past week.

“It appears some corporations were created, invoices were generated, [Post Office boxes] were generated and checks were sent to them,” Manchin said. “Obviously, it gives us great concern.”

The RESA advisory council met in emergency session on Tuesday to discuss the matter. During that meeting, they also accepted the resignation of Deborah Calhoun Mitchell. She served as executive secretary at RESA for more than 20 years, Akers said.         

When contacted by phone, Mitchell said she would not speak to the Gazette.

Johnson said the board likely would wait to hear what federal prosecutors say before proceeding.

The state auditor’s office reviews RESA annually, according to Liza Cordeiro, a spokeswoman from the Department of Education.

That report should be forwarded to the RESA executive director and shared with the board. The reports also are sent to the state Board of Education and when discrepancies are found, the prosecutor’s office is notified. Monthly financial statements also should be shared among the advisory board, Cordeiro said.

Manchin said his group had not seen a list of complete expenditures.
           
Reprinted with permission of The Charleston Gazette. This article was published in The Gazette on Feb. 9, 2006.

 

WVBE launches probe into RESA I finances

The West Virginia Board of Education (WVBE) took strong and swift action following reports of RESA I financial discrepancies.  

All Regional Education Service Agencies (RESA) fall under the auspices of the West Virginia Board of Education. RESAs serve as an intermediate educational service provider to local school systems. RESA I is located in Beckley, W.Va.

Today state Board members voted unanimously to direct State Superintendent of Schools Steve Paine to conduct an investigation of all financial policies, practices and procedures utilized at RESA I. The results of the investigation are to be reported directly back to the state Board.  

“It would be irresponsible of the West Virginia Board of Education not to conduct its own investigation,” said Board President Lowell Johnson. “Any financial issues are of great concern and must be dealt with immediately.”  

In addition, the Board has requested that Dr. Paine appoint a designee to manage and oversee all financial functions of RESA I and that the RESA I executive director be required to defer all financial responsibilities to the designee.  

Meanwhile, the WVBOE, the RESA I Advisory Board and the West Virginia Department of Education are cooperating fully with the ongoing criminal investigation.

From the West Virginia Department of Education, Feb. 9, 2006

 

Some consolidation power back to towns?

By Bob Weaver, editor
The Hur Herald

While the West Virginia Board of Education is rolling full force over closing community schools, causing long bus rides up to one and one-half hours each way for many students, there could be some relief in sight.

The 25-member House of Delegates Education Committee has approved a bill which will go directly to floor vote, calling for citizens of a county to actually vote on future consolidation proposals.

If passed by the Legislature, citizens will have a say on the matter related to the closing of elementary and middle schools.

Linda Martin of Challenge West Virginia, said, “I'm grateful for the cooperation over this measure. The education committee is looking at doing something better for parents, kids and communities.”

After closing more than 300 community schools, there are well over 100 elementary and middle schools still on the chopping block. State education officials have consistently said the decision to close and consolidate is a local decision, but that has been far from the truth.

Mingo County school board president Bill Duty has said, “It’s been a bloody hammer,” since his county is being forced to close three high schools and build a consolidated school on a Red Jacket mountain.

Larry Williams, D-Preston, vice-chairman of the education committee, said, “This measure gives some balance to the problem,” with many West Virginia schools being consolidated.

 

Communities ‘worn out’ by high-handedness

Williams indicated his constituents are “worn out” with the power executed by state education officials.

Martin says the state’s educational bureaucrats and officials “totally ignore the research that kids do better in small, community schools.”

House Education Chairman Tom Campbell, D-Greenbrier, called for a vote of his committee after two days of discussion. Only one or two members of the 25-member committee voted “nay” and 11 members immediately signed to sponsor the bill.

Campbell said, “The bill recognizes that boards need flexibility to be financially prudent. There seems to be a growing consensus that consolidation affecting our younger children is not a good idea.”

Challenge West Virginia has said there is no consideration regarding long bus rides for children as young as four years. 

“We know what parents think about this,” Martin said. “Those at the top are not interested in the dialog.”

Howard O’Cull, executive director of the West Virginia School Boards Association, spoke against allowing the voters to decide, saying, “It just adds another layer to the issue,” and could cause fiscal problems for school boards.

O'Cull, while saying he did not have a consensus from his group, was outspoken against it at the committee hearing.

He said he is hopeful lawmakers will ask several looming questions about the bill’s implication. He sees it as a problem for local school boards.

Liza Cordeiro, a spokeswoman for the state Department of Education, said, “Of course we’ll look closely and review the rationale behind it,” but taking authority away from the State Board of Education and the School Building Authority will not be acceptable.

 

Frazzled by educational policymakers

Thomas Ramey, a fellow with Challenge West Virginia, said those groups with vested interests have lots of input over education with legislators, “But there is rarely a mention what citizens want for their communities, or what parents want for their kids.”

But Ramey said politicians are taking notice. “The public is frazzled with public policy that destroys their schools and takes education away from their communities,” he said. “They are not buying the argument that it saves money or improves their children’s education. It does not.

“It just creates a gigantic educational empire, detached from communities and parents.”

“Something needs to happen to reflect the will of parents and what’s best for children, even though it’s a little late for many communities.” – Linda Martin, Challenge West Virginia

O’Cull, speaking to Challenge West Virginia last fall, said the Legislature, over a period of time, has removed much of the constitutional power from local school boards, passing it to Charleston.

Martin said, “The passage of this bill could bring some hope to parents and voters who are fed up with the state’s high-handed authority. Something needs to happen to reflect the will of parents and what’s best for children, even though it’s a little late for many communities.”

Gov. Joe Manchin has been critical of the actions of the State School Building Authority of West Virginia, a group that recently granted themselves an extra pay raise.

The bill would mandate county elections except when the closure or consolidation was part of a previously approved bond issue.
Counties would also skip elections if the schools at issue averaged less than 13 students per grade level.

The bill also exempts schools that must be rebuilt or repaired following a disaster.

“While there may be rules and regulations for the public to be heard, time after time, in county after county, people gather by the hundreds and tell their school boards not to do this,” Martin said. “They are routinely ignored.”

This article, reprinted with permission of the Hur Herald, ran Jan. 19, 2006, as an “Opinion and Commentary” piece. It has been edited slightly to conform to WVSBA style.

 

‘Wal-Mart Bill’ stirs health care debate

Measure not likely to pass this year as some await Md. outcome

By Jim Wallace

A bill officially called the West Virginia Fair Share Health Care Act has little hope of getting through the Legislature this year, but many people, including the governor, are welcoming the debate it has raised.

It’s more commonly known as the “Wal-Mart Bill,” because its requirement for all companies with 10,000 or more employees to spend at least 8 percent of their wages on health care is believed to apply only to Wal-Mart, West Virginia’s largest private employer. The bill would require any such company that failed to spend that much on health care benefits to pay any difference between its spending and that level to the state’s Medicaid program.

The justification that supporters offer is that when companies fail to provide adequate health care benefits for their employees, the burden falls on other payers, including Medicaid and other private sector businesses.

 

Litigation would be likely

Lawmakers in Maryland have already passed similar legislation and overridden the governor’s veto, and other states are considering their own versions. In West Virginia, the bill has received some favorable attention in a House of Delegates committee, but Senate Labor Chairman Mike Oliverio let it be known that he had no intention of taking it up in his committee, which could be enough to kill it. He wants lawmakers to take their time with such an issue.

“I think we ought to know what is going on there to see if we can learn anything from their experience. I would hate to plunge our state into any unnecessary litigation.” - Sen. Mike Oliverio, D-Marion, chairman of the Senate Labor Committee

“I view the 50 Legislatures like they are 50 laboratories of democracy,” Oliverio, D-Monongalia, said. “Right now, this Wal-Mart experiment is percolating in one of those laboratories, the Maryland Legislature, and I think we ought to know what is going on there to see if we can learn anything from their experience. I would hate to plunge our state into any unnecessary litigation.”

And litigation would be quite likely. The Retail Industry Leaders Association has already filed suits in federal court against the Maryland law and a similar one in Suffolk County, N.Y. The suits contend that the federal Employee Retirement Income Security Act makes those laws invalid.

“We have about 290,000 uninsured West Virginians and about 12,000 Wal-Mart employees,” Oliverio said. “Estimates vary as to whether 60 to 80 percent of them may be insured already. So I’m not sure this is the type of comprehensive solution to make health care available and affordable to the uninsured in West Virginia. There don’t appear to be any real studies or anything to suggest why this number of employees is being used or this percentage of payroll is being used. It seems very arbitrary.”

That’s very similar to the position offered by Kit Francis, a lobbyist for Wal-Mart.

“It’s bad public policy to select out arbitrarily a single employer and to arbitrarily set an amount that ought to be paid for health care benefits under any circumstances,” he said. “This legislation does not remove a single person from the rolls of the uninsured, and there’s no assurance whatsoever that it would contribute any meaningful solution to the health care crisis.”

Drawing attention to health care cost-shifting

House Health and Human Resources Chairman Don Perdue, D-Wayne and one of the supporters of the bill, said he realizes the bill is unlikely to go very far in the Legislature this year, but it has done a good job of calling attention to the problem of cost-shifting in health care.

“I can’t speak for the reasons why it came up on the radar screen, but I can assure you that, by being on the radar screen, we have the opportunity now to look at everything around it,” he said. “So it has essentially served its purpose in that regard.”

Gov. Joe Manchin said he’s not familiar with the details of the bill, but he also welcomes the debate it has created.

“I just think that anytime you have a corporation that’s large and profitable, whether it be a Wal-Mart or these other large ones, there’s supposed to be a social responsibility for them to be a good corporate neighbor.” – Gov. Joe Manchin

“I just think that anytime you have a corporation that’s large and profitable, whether it be a Wal-Mart or these other large ones, there’s supposed to be a social responsibility for them to be a good corporate neighbor,” he said. “I would like to think that they would at least step forward to provide health care to all their workers, not put it on the backs of the entire taxpaying population. That being said, I would wish all the luck in the world to make all these large corporations to be good corporate neighbors.”

To that, Francis said, “As Wal-Mart is.”

Manchin is not concerned that such legislation would conflict with his slogan, “West Virginia – Open for Business.”

“I don’t think so at all,” he said. “I think ‘Open for Business’ means that we all pay our fair share. We don’t put the burden of our responsibilities on somebody else. I think, if anything, it opens the gate even further, knowing you won’t be saddled with someone else’s responsibilities.”

 

State chamber welcomes debate on paying for health care

Steve Roberts, president of the West Virginia Chamber of Commerce, said the chamber has 26 position papers, three of which deal with health care, but it doesn’t have one on the Wal-Mart Bill. The chamber’s health care and government relations committees discussed it but decided not to take a position on the issue right now. However, he also welcomes the debate.

“To the extent that it gets people looking at the health care problem and how we deal with it, we think that’s probably a good thing.” – Steve Roberts, president of the West Virginia Chamber of Commerce

“We want to have the discussion about how we pay for health care delivery, not just in West Virginia but around the country, which is one of the reasons why we wanted to take more time to get more information and hear from really all the various sides on the Fair Share Bill,” Roberts said. “To the extent that it gets people looking at the health care problem and how we deal with it, we think that’s probably a good thing.”

The chamber would like to know more about why many people don’t have health insurance. Roberts said it’s estimated that about one-quarter of them are well-to-do, so apparently cost is not the sole reason, although that is probably the primary reason for the other three quarters.

Cost is the major reason why many of the small businesses that make up the vast majority of West Virginia employers don’t offer employees as much health insurance as they would like to provide, he said. But that’s understandable, Roberts said, because “average premium costs have increased 73 percent since the year 2000,” and small businesses can’t get the breaks on health care costs that government and large businesses get.

 

Unions want improvements in health care system

David Haney, executive director of the West Virginia Education Association, said his union hasn’t taken a position on the Wal-Mart Bill, but he personally would like to see something done about health care costs. He speaks not only as a labor leader but also as an employer who offers a health care plan to the WVEA’s fulltime employees.

“One of the needs for our citizens is to have adequate access to health care,” Haney said. “It seems to me that it just makes sense.”

No matter whether something happens on this subject in the West Virginia Legislature this year, Perdue sees an opportunity. “Is the opportunity to do something negative to Wal-Mart or is more importantly it an opportunity to do something positive for everybody?” he asked.

Roberts, who added that he is enjoying working in common purpose with the AFL-CIO on improving the health care system, said he thinks something will happen relatively soon. That’s especially so as big companies like automakers face competitive disadvantages to foreign competitors because of high health care costs in the United States.

“I think the time is at hand – whether it is this year, next year or two years from now – that employers, who have traditionally been fearful about changing the system, are going to want to change it very substantially,” he said.

And despite the apparent roadblocks to the Wal-Mart bill in the West Virginia Legislature this year, Francis said he and Wal-Mart are not ready to let their guard down before the end of the regular session.

“It’s not over until March 11,” he said. “It’s just that simple. Any momentum can happen. Circumstances can change. But right now, we find little enthusiasm anywhere in the Legislature for enacting this legislation.”

Jim Wallace is a former government reporter for the Charleston Daily Mail and former news director of West Virginia Public Radio. He now works for TSG Consulting in Charleston and writes for several national and West Virginia publications.

 

05 pay raise becomes pay cut for one worker

PEIA premium increase results in net loss for Marshall employee

By Jim Wallace

More was less for Johnny Bradley – and he wasn’t very happy about it.

Many public employees have complained that the increases in their monthly insurance premiums from the Public Employees Insurance Agency counteracted a portion of the pay raises lawmakers granted them last year. But for Bradley, an audit technician at the Drinko Library at Marshall University, his insurance premiums went up more than his pay did.

His problem began last fall, when the Legislature, meeting in special session, granted public employees, including workers at state colleges and universities, the equivalent of a $900 pay increase. But the colleges and universities had the choice of funding salary schedules instead of granting across-the-board raises of $900 each. That’s what Marshall University decided to do, so Bradley’s raise was only $110.

“To me, this is kind of a slap in the face.” – Johnny Bradley, Drinko Library audit technician, Marshall University

But that was enough to push him $26 above the $20,000 salary level, which pushed him into a new bracket for health insurance premiums. Those premiums for his coverage as an employee with a child went up $11 a month from $18 to $29  – or an increase of $132 a year. So his pay raise was set to result in a net loss of $22 a year.

“To me, this is kind of a slap in the face,” Bradley said. Many other public employees have had similar reactions, although most of their pay raises were only partially counteracted by PEIA premium increases rather than wiped out by them.

Bradley offered to give up his pay raise, but was unable to do so.

David Haney, executive director of the West Virginia Education Association, hasn’t heard of any teachers or school service personnel who have similarly had their health insurance premiums knock out their pay raises, but many of them have been upset anyhow. He said the $1,350 pay raise teachers received was almost cut in half by an average PEIA premium increase of $600 a year.

It’s another setback for the attempts by teachers’ unions to raise West Virginia’s pay for teachers from 47th in the nation. Haney said West Virginians won’t be able to say, “Thank God for Mississippi” anymore as state officials there institute a multi-year salary increase that will bring starting teacher salaries up to at least $30,000, which would be more than West Virginia’s level of about $28,000.
“They’re jumping right over top of us,” he said.

Keith Huffman, general counsel and acting co-director of PEIA, understands Bradley’s dismay but said that PEIA is running an employee benefits program and has no control over the pay raises those employees get. He added, “By anybody’s measure, a $29 premium for an employee and child is an incredible bargain.”

“To imply that we’re paying some small amount for health insurance is just inaccurate.” – David Haney, executive director of the West Virginia Education Association

To that, Bradley responded, “I never said it wasn’t.” He admitted it is a good deal, but it won’t necessarily remain such a good deal as PEIA continues on its legislatively mandated schedule to bring public employees’ share of their premium costs up from about 17 percent to 20 percent.

“If state employees don’t get a raise over the next five years, our paychecks are going to be going down,” Bradley said.

Both Bradley and Haney said it’s unfair for PEIA to consider just employee premiums as it works to get them up to the 20 percent level. Haney said employees are paying about 34 percent of the costs when their deductibles and co-payments are considered.

“To imply that we’re paying some small amount for health insurance is just inaccurate,” he said.

But Huffman said such statements fail to acknowledge the foundation of the law that requires the eventual achievement of an 80/20 ratio of employer to employee premiums. The law was based on a report that included deductibles and co-payments in determining what the relative shares of premiums should be, he said.

“If you add those things back in again, you ignore the basis of the 80/20 law in the beginning,” Huffman said. “You would count them twice.”

The arguments on both sides of the issue are likely to go on for some time. But fortunately for Bradley, he is no longer on the losing end. He put in for an upgrade in his job and got it last month. That bumped him up one pay grade so that his total pay increase is a bit more than his PEIA premium increase.

Jim Wallace is a former government reporter for the Charleston Daily Mail and former news director of West Virginia Public Radio. He now works for TSG Consulting in Charleston and writes for several national and West Virginia publications.

 

Administrative Perspective: 'Promise' getting attention in both houses

Seniority after ‘voluntary termination’ bill raises questions

By Martha Dean, Ed.D., Executive Director
West Virginia Association of School Administrators

There has been action in both education committees this week.
House Bill 4049 has received attention in both houses. It passed the House on Jan. 20 and was amended and passed out of the Senate Education Committee Feb. 6.

 This bill deals with the Promise Scholarship and establishing legislative intent regarding legislative appropriation levels to the higher education grant fund and the Promise scholarship fund.

 It modifies Promise eligibility requirements by limiting tuition and fee increase levels for certain students and modifies the calculation for determining student financial aid award levels for certain higher education grant recipients. It further defines terms and clarifies the definitions of certain terms, and makes technical corrections as well as repeals obsolete provisions.

Sen. John Unger, D-Berkeley, tried to change the program by inserting needs-based criteria, but was not successful in Senate Education.
HB 4393 passed out of House Education, but also must go to Finance, its second reference.

This bill adjusts the foundation allowance for transportation for projected fuel costs. The way I read the bill, it would adjust the portion of the allowance attributable to motor fuel based on the projected cost for the current fiscal year.

 That would mean that the allowance has the potential to be adjusted every year and might be adjusted either up or down. 

 The adjustment would be determined using statewide average data and data for the past three fiscal years.

On Tuesday both education committees met. Marshall University President Dr. Stephen Kopp presented to Senate Education, and no other items were on the agenda.

House Education had a presentation by College Summit, a fast-growing program aimed at improving the college-going rate in West Virginia. Lincoln County Superintendent Bill Grizzell and a teacher from Duval High School, Carrie Pauley, reported on the program’s success. 

Randy Shillingburg, executive director of the West Virginia office for College Summit, also provided information regarding the current activities in the state. 

According to Shillingburg, College Summit is growing in West Virginia and its goal is to serve 3,000 students within the next couple of years.

Following this presentation, two bills were on the agenda for consideration. HB 4240 essentially would change the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College. It passed out of the committee unanimously. 

 

Bills address re-employment and lease-purchase agreements

The second bill was HB 4126, which deals with permitting teachers who had voluntarily “terminated” their employment with a county board to regain credit for their seniority when they apply for employment in that county. 

This bill generated a lot of questions such as, “Would that person have superior standing, given fewer years of seniority, than a teacher who has been Reduced In Force?” and, “What about those who have been allowed to resign instead of facing firing for cause?”

Following several minutes of questions and discussion, HEC Chairman Tom Campbell, D-Greenbrier, indicated that the bill would be studied further and revised before coming back before the committee.

On Thursday, both education committees met in the afternoon. Senate Education was first at 2 pm and there were two bills on the agenda. The first one considered was Senate Bill 49, which was similar to a bill introduced last year.

 The committee passed unanimously a committee substitute for the original bill, which would allow a county board of education to enter into a lease-purchase agreement for land, buildings and equipment.

Prior to entering into the agreement, the board must obtain the approval of the School Building Authority. 

Another provision requires that the lessor must have complied with the minimum wage per hour law.

 Sen. Jon Hunter, D-Monongalia, one of the bill sponsors, explained to the committee that in areas of growth across the state, where they may be building new schools very quickly, this would be advantageous. 

The committee substitute passed unanimously, sending the bill to its second reference in Finance.

The second bill considered by Senate Education was SB 390, which empowers the Board of Examiners of Psychologists to promulgate a legislative rule relating to qualifications for licensure as a psychologist or a school psychologist.

This is needed to allow distance learning for a doctorate in psychology. 

Current requirements are that a minimum of 80 percent of the course work must be taken on campus. The bill passed unanimously and will now go to Judiciary.

 

Leasing county buses for other functions

House Education also had two bills on its agenda at 3 p.m. Both bills also had amendments presented. The first bill was HB 4447 and the original bill added to §18-5-13 (authority of boards, generally) permissive language to allow boards to lease school buses to non-profit organizations to provide transportation associated with fairs, festivals and other educational and cultural events.

 A regularly employed bus operator must drive the bus on those occasions and the lessee must pay all costs and expense incurred. 

I believe this became a concern this year because the Fayette County Board of Education asked if they could let a non-profit use the buses to transport attendees at Bridge Day. 

The opinion came down that, since this was not specifically a power granted to a board, they could not. 

The bill will allow it, if passed. 

An amendment was offered by Mary Poling to add the following paragraph:

“Before students are transported to school-sponsored activities in vehicles with a seating capacity of ten or more passengers and which are not owned and operated by a county board, the owners of the vehicles shall provide proof to the county board that the vehicle safety and the training and certification of the driver, including a background check, meet the requirements established by State Board Rule. The State Board shall promulgate a rule for the implementation of this paragraph.”

The concern is that drivers of public conveyances may not have had to be subjected to a background check and could be undesirable to transport children. In addition, there are several legal requirements of school buses that might be applicable to transporting children in vehicles other than school buses.     

There was a lot of discussion, including a question by Del. Danny Wells, D-Kanawha, who asked, “What is different here? The Charleston Distance run has used school buses before.” 

The explanation was that school boards had allowed it without actually having the authority granted to them in law. Following the discussion, both the amendment and the amended bill passed to second reference in Finance.

 

OEPA audits process under question

The second bill taken up by House Education was HB 4260, relating to removing the requirement that the state board establish and staff an Office of Education Performance Audits.

As introduced, the bill would keep the functions relating to OEPA but allow the State Board discretion regarding how to accomplish the functions.

Del. David Perry, D-Fayette, moved to amend the bill by striking everything after the enacting clause and to insert alternate provisions.
The amendment would require the state Board to conduct a review of the system of educational performance audits and report progress and final conclusions and recommendations to the Legislative Oversight Commission on Education Accountability by Dec. 31, 2006.

Both the amendment and the original bill generated discussion. Del. Ron Fragale, D-Harrison, was vocal in his opposition to the bill and to the antagonism he has noticed over the years toward OEPA.

He said there is value in OEPA being more of an independent agency so it could do its job without interference. 

Perry responded that many legislators and educators are dissatisfied with the way audits are conducted in the schools and school systems. He also expressed that the emphasis has been placed on paper compliance rather than results and that he thinks the shift should be toward results. Further discussion supported the idea of “auditing the office of audits.”

Both the amendment and the bill passed, but not unanimously. Del. Fragale voted “no” and I thought I heard another negative vote relevant to the amendment. HB 4260 will now go to its second reference, House Finance.

 

 

Help requested to update board handbook

West Virginia School Boards Association President Debbie Thompson (Pleasants) is asking county board members to submit their ideas to include in the revised edition of WVSBA’s “2004 – First Edition ‘Leadership Skills’ County Board Handbook.”

The handbook is being revised for the first time since its 2004 publication. 

Gene Bailey (Mercer) chairs the Handbook Revision Committee. Please forward suggestions to Bailey at wvtreeman@hotmail.com.
West Virginia Board of Education members Delores Cook (Boone) and Burma Hatfield (Mingo) have been appointed to the committee.  

Other handbook committee members are:

1. Gary Woodrum (Boone),
2. Laura Beckelhimer (Brooke),
3. Joy Starcher (Calhoun)
4. Brenda Pyles (Hampshire),
5. Carol Smith (Lincoln),
6. Phyllis Adkins (Logan),
7. Jack Vogel (Pendleton),
8. Betty Bailey (Pleasants),
9. Kenneth Vance (Pocahontas),
10. Joseph Blankenship (Summers)

 

The handbook committee will meet at 4:15 p.m. on Friday, Jan. 17, in conjunction with the WVSBA Winter Conference at the Charleston Marriott. The meeting room will be announced during the first general session of the conference.

 

Other committee meetings at Winter Conference

The following WVSBA committees will meet at 4:15 time on Friday, Jan. 17. Meeting room locations will be provided during the first general session:

1. Committee on Policies and Resolutions. Chaired by Jim Fox (Wood), this committee is responsible for developing a series of association “beliefs and resolutions.” WVSBA Executive Director Howard M. O’Cull will join this group.
2. Committee on Constitution and Bylaws Revision. This group, chaired by Debbie Thompson, will continue work to determine suggested revisions to the organization’s Constitution and Bylaws, last revised in 1994.

The communications and finance committees will not meet during the Winter Conference.

 

In Brief

Recovering Promise money from dropouts

Del. Craig Blair, R-Berkeley, contends the state’s Promise scholarship governing board has not tried to “recapture” money from students who have failed or dropped out of school, thus losing the Promise scholarship.

He said those funds should be “recovered,” pointing out “there is no mechanism in place to be able to recapture that money…”

Lisa DeFrank-Cole, executive director of the Promise program, said recapturing funds depends on the student’s withdrawal date and other factors. The earlier the student drops out, the greater likelihood the funds will be refunded, she said.

But acquiring money from students who have failed their first two semesters is not required by law and DeFrank-Cole said she is not sure that is a good idea because Promise is a merit scholarship, or an award for “past academic achievement” – not for students who may have a bad first semester at college.

Blair thinks the program would be able to become more financially stable if funds were recaptured and that additional Promise dollars would not be needed, he told the Charleston Daily Mail.

 

Pension merger lawsuit threat

The Charleston Daily Mail reports that Charleston attorney Jim Lees may represent a group of Harrison County teachers if the state gets approval to merge the “new” and “old” teachers’ pensions systems.

About 23,000 of the state’s teachers and school service personnel will vote by mail March 1-12 about whether to switch their retirement funds from a relatively new defined contribution plan, much like a 401(k), back into the state’s existing defined benefit plan.

Some employees said that a majority vote will decide what happens to their retirement accounts and they’ve pledged to file lawsuits against the state if they are forced to move their money.

The state offered employees the opportunity in 1991 to leave the struggling TRS, which is now almost $5 billion in debt, and move their funds into the defined contribution plan.

Last year state officials said they were getting reigns over the old system and that it would end up saving the state money over the long term.

A defined contribution plan comes with no guarantees about how much investments will earn and how much an employee might be able to save for retirement.

The defined benefit plan is solely managed by the state, with workers contributing a portion of their income and the state then matching those funds. State analysts then invest the funds and workers have a guaranteed monthly benefit when they retire.

Some employees who have defined contribution coverage say it is too difficult for workers to make good investment choices. Teacher associations say their members are divided on the plan, which requires a simple majority vote of school employees to merge the plans.

 

Table games decision still in the air

Do not expect a decision on the House of Delegates table games position until a week or 10 days, according to House Majority Leader Rick Staton, D-Wyoming. Staton said the matter was discussed at a Tuesday Democrat Caucus but that no consensus emerged from that meeting.

Last year, a similar bill passed the Senate 19-15, but died in a deadlocked House Judiciary Committee in the waning hours of the regular session.

The current legislation, House Bill 4314, would let residents of Hancock, Jefferson, Kanawha and Ohio counties vote on whether to permit casino-style gaming. It has been referred to House Judiciary.

Racetrack supporters launched their campaign for the measure Tuesday. When they arrived at the Capitol they were met by a handful of gambling opponents, which led to some exchanges.

Some of the opponents, according to a Charleston Gazette report, want a statewide vote on the matter, while bill proponents say that is not necessary because there are no racetracks in other counties. Table games supporters content the legislation is necessary so the state can compete with video slot parlors that will open across Pennsylvania beginning this summer.

 

Cigs would cost more

If some members of the House of Delegates have their way, cigarettes will cost an additional 95 cents more per pack due to a proposed 55 cents increase in the cigarette tax.

While some lawmakers see the proposed increases as a means to bring additional revenue to the state – and to curb teenagers from smoking and using smokeless tobacco – other legislators see the proposal only as a tax increase.

“…We don’t need anymore revenue in this state government,” said Mitch Carmichael, R-Jackson, who opposes the measure saying he was speaking from a “Republican perspective.”

There is no corresponding Senate bill.

 

Library support

With the state’s Budget Digest possibly going by the wayside – the House already has voted to eliminate it – libraries throughout the state may lose up to $500,000 in special project money.

Eleven libraries are funded through local laws adopted by the Legislature while another 40 library systems get local money through excess levies.

Federal funds for libraries are dwindling due to a 1997 law, according to West Virginia Library Commission Executive Director J.D. Waggoner, who told the Charleston Gazette, “The expansion of libraries when federal money was free and loose became a curse when federal money disappeared.”

He said there are 173 public libraries in 97 library systems in West Virginia, and 41 of those systems raise less than $1 locally for every per capita dollar from the state.

County governments are having a hard time coming to the rescue of libraries due to escalating costs for regional jail fees, Waggoner said.

(Refer to the March 18 and 25, 2005 issues of The Legislature for more details.)

 

WVU Tech supporters greet legislators

On Tuesday, a group of citizens from the Upper Kanawha Valley told legislators that while they support being part of a proposed Dow Research Park in South Charleston, they came to support West Virginia University Tech in Montgomery -- and not lose their engineering school.

During a Jan. 13 community meeting on Tech’s campus, President Charles Bayless explained his idea for moving Tech’s engineering program to South Charleston.

Senate Education Committee Chairman Bob Plymale, D-Wayne, has said the plan was premature.

 

In the Know

State’s poor the poorest in the country

Middle and upper class rank high among all states

The gap between the rich and poor is growing faster in West Virginia than almost any other state, according to a new study.

West Virginia ranks sixth in the growth-in-income gap between the richest and poorest citizens in the past 20 years, according to Center on Budget and Policy Priorities and the Economic Policy Institute, Washington-based research groups.

The poorest families in West Virginia are poorer than families in any other state, the study says. The bottom 20 percent earned, on average, $13,208 per year, the lowest income in the nation. Twenty years ago, five other states had more extreme poverty than the Mountain State.

The incomes of West Virginia’s middle and upper class, however, are relatively high and compare favorably with incomes in other states, the study says.

The 20 percent of West Virginians who may be considered well-to-do earn on average $118,392, ranking the state 21st, and the next well-off 20 percent earn an average of $72,495, ranking the state eighth.

That suggests that West Virginia’s low median income is caused by the extreme poverty of some of its residents, not by overall low wages.

The study is based on U.S. census data and tracks average incomes over three-year spans in the early 1980s, 1990s and 2000s.

On the Web: http://www.epinet.org/content.cfm/studies_pullingapart

 

Bill Abstract

House Bills
Education-related

• House Bill 2328 - Giving precedential application to written advisory opinions issued by the state Ethics Commission’s Committee on Open Governmental Meetings (Amores, lead sponsor). Passed House of Delegates 1/31/06. Referred to Senate Government Organization, then Senate Judiciary.

• House Bill 2424 - Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle (Webster, lead sponsor). Passed House 1/30/06. Referred to Senate Judiciary.

• House Bill 2607 – Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia. (Leach, lead sponsor). Passed House.

• House Bill 3213 - Creates the offense of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for “public conveyance” (DeLong, lead sponsor). Passed House 1/25/06. Referred to Senate Judiciary, then Senate Finance.

• House Bill 4011 - Relating to creation of a special unit within the State Police specializing in child abuse and neglect investigations (Mahan, lead sponsor). Passed House 1/19/06. Referred to Senate Government Organization, then Senate Finance.

• House Bill 4012 - Creating “Child Abuser Registration Act” (Mahan, lead sponsor). Passed House 1/20/06. Referred to Senate Judiciary, then Senate Finance.

• House Bill 4019 - Relating to the preparation and distribution of the Budget Digest (Kiss, lead sponsor). Passed House 1/24/06. Referred to Senate Finance.

• House Bill 4032 – Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due. (Stalnaker, lead sponsor). Passed House 2/1/06. Referred to Senate Pensions then Finance.

• House Bill 4034 – Correcting definitions applicable to the assessment of real property. (Stalnaker, lead sponsor). Removing the requirement that a no longer disabled employee must return to his or her former job. Passed House 2/1/06. To Senate Pensions and then Finance.

• House Bill 4037. Correcting definitions applicable to the assessment of real property (Michael, lead sponsor). Passed House 1/19/06. Passed Senate 2/1/06.

• 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 4047 – Relating to part-time prosecuting attorneys. (Pethtel, lead sponsor). Passed House 2/1/06. Referred to Education then 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.

 

Senate Bills
Education-related

• Senate Bill 7 – Establishes “Flood Protection Planning Act.” (Bailey, lead sponsor). Passed Senate 1/31/06. Referred to House Government Organization, then House Finance. 

• 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.

• Senate Bill 370 – Creates personal property tax exemption for farm equipment and livestock. (Helmick, lead sponsor). Passed Senate 2/1/06. To Judiciary then Finance 2/8/06.

• Senate Bill 371 – Reduces severance tax on timber. (Helmick, lead sponsor). Passed Senate 2/1/06. To House Finance 2/2/06.

• Senate Bill 442 - Changes expiration date of graduated driver’s license. (Kessler, lead sponsor). Passed Senate 2/3/06. To House Roads and Transportation then Judiciary.

Listing includes bills which have cleared one house only, or which have been adopted by the Legislature.

• Senate Bill 483 – Provides confidentiality of circuit court records involving guardianship of minors. (Kessler, lead sponsor). Introduced 2/2/06 – Effective from passage.

• 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.

 

Commentary

GUEST PERSPECTIVE: Speech-language specialists deserve supplement for national certification 

By Pamela Adkins and Kathy Freeland, Governmental Co-Chairs,
West Virginia Speech-Language and Hearing Association

The school considered holding him back a year. Then they discovered a communication disorder was already doing that.

Imagine entering a classroom for the first time, only to understand just a fraction of what your teacher says. Or, knowing every answer to every question, but being too afraid of your own speech to answer.

“Communication skills are at the heart of life’s experience. Reading, writing, gesturing, listening and speaking are all forms of language.”

Speech, language and hearing problems can be significant roadblocks to a student’s education. That is why early identification and support for communication disorders are essential. With this early help, many children can go on to develop good learning and literacy skills.

Communication skills are at the heart of life’s experience. Reading, writing, gesturing, listening and speaking are all forms of language -- a code we learn in order to communicate ideas. Learning takes place through the process of communication. 

However, it is estimated that in our public schools, one of every 10 students are affected by speech and language impairments. These students present a wide variety of articulation, voice, fluency, hearing and language learning problems.

Many problems labeled as learning disabilities often are related to specific communication or language disorders. Children with communication disorders frequently perform at a poor or insufficient academic level, struggle with reading, have difficulty understanding and expressing language, misunderstand social cues, avoid attending school, show poor judgment and have difficulty with tests.

Speech-language pathologists and audiologists are the professionals who work with communication-disordered children in West Virginia’s public schools.

“In our public schools, one of every 10 students are affected by speech and language impairments.”

Children with communication disabilities need the best speech-language pathologists and audiologists for the same reason that all students need the best teachers, so that all children meet the goals of the school curriculum. Hiring and retaining highly qualified professionals has become increasingly important in order to meet the demands of the Individuals with Disabilities Education Act (IDEA) and the federal No Child Left Behind Act (NCLB). 

Increasing numbers of children with complex educational and medical disorders are being served in our public schools. These children often require intensive, long-term intervention that can only be provided by highly skilled, uniquely qualified, nationally certified speech-language pathologists and audiologists.

Speech-language pathologists and audiologists who hold national certification through the American Speech-Language and Hearing Association (ASHA) far exceed the minimum requirements in West Virginia for teaching students with speech, language and hearing impairments. ASHA-certified professionals have undergone rigorous training resulting in a master’s degree that includes a minimum of 350 hours of supervised therapy experience, passing a national exam administered by the Educational Testing Service, and completion of nine months of supervised, fellowship experience, the Clinical Fellowship Year (CFY).

These ASHA standards are at least as stringent as those for the nationally certified teacher credential awarded by the National Board for Professional Teaching Standards (NBPTS), which West Virginia already recognizes with a salary supplement award of $2,500. 

Parents, employers, and the public welcome and respect certification by a national body. Students deserve it. The state of West Virginia recognizes and rewards those teachers who have earned national certification through the National Board for Professional Teaching Standards. 

Yet, presently it does not recognize or reward the school-based speech-language pathologist and audiologist who have earned national certification through ASHA.

The U.S. Office of Education has designated speech-language pathology as a teacher shortage area in West Virginia since the 1999-2000 school year. Incentives need to be put into place to hire qualified speech-language pathologists and audiologists and to reduce the drain of these professionals leaving our state for more lucrative employment packages in bordering states.

Recognition and reward for speech-language pathologists and audiologists who have achieved national certification is needed to attract and retain these highly qualified professionals in West Virginia’s school system.

 House Bill 4077, introduced this legislative session, will provide a $2,500 salary supplement for nationally certified, school-based, speech-language pathologists and audiologists. The members of the West Virginia Speech-Language Hearing Association continue to urge legislators to make a commitment to West Virginia’s need for highly qualified teachers AND highly qualified speech-language pathologists and audiologists by supporting HB 4077.

The more than 16,000 children receiving speech, language and hearing services in West Virginia’s public schools and the dedicated professionals who serve these children deserve nothing less. Speech-language pathologists and audiologists make important contributions in literacy development, and these efforts are not only appropriate but essential to competency in reading and writing for all students.

In his Jan. 27 column in this publication, Gov. Joe Manchin, stressed that “high quality teaching is essential for student achievement.”  Providing the children of West Virginia with educational services that ensure excellence in building communication skills is a cornerstone to West Virginia’s prosperity.

For additional information about WVSHA and legislation to recognize nationally certified speech-language pathologists and audiologists, visit please www.wvsha.org or contact WVSHA Governmental Affairs co-chairs Pamela Adkins (jpadkins@citynet.net) and Kathy Freeland (kathyfreeland@aol.com). 

For further information about national certification requirements and their school-based services, visit http://www.asha.org/.

 

 

LAST WORD: Bill would let PEIA fund foreign surgeries

‘Medical tourism’ could put money back in policyholder pockets

By Del. Ray Canterbury, Minority Vice Chairman
House Banking and Insurance Committee

Imagine that you are told that you will need surgery - let’s make it a hip replacement procedure for the sake of argument - and that the procedure will be covered by your insurance policy.

Now imagine if you receive treatment at a local hospital the usual co-payments and deductibles will apply, and it will probably cost you a lot of money. However, your insurance company offers you a deal.

You have the option to receive treatment in Thailand. If you choose the latter option, you will not be responsible for co-payments and deductibles, and your insurance company will cover all of the travel expenses for you and one attendant.

You can already see that you will be better off financially if you choose the second option, but you’re not convinced. Then the insurance company sweetens the pot. If you choose the Thailand option, the insurance company will pay for seven days at a luxury hotel where you can recuperate before you return home, and the insurance company will even reimburse your employer for the extra lost work time so that your “rest and recuperation” on the beach won’t count against your sick leave or your vacation time.

And that’s not all! As the icing on the cake, the agent tells you that if you choose Thailand you will be paid a cash bonus of several thousand dollars as soon as you get back. It’s your choice. You can receive the treatment to which you are entitled at a local hospital, but the usual terms and conditions of your policy will apply and it could cost you a lot of money.

Or you could travel to Thailand for your surgery, save hundreds or even thousands of dollars of out-of-pocket expenses, enjoy an all-expenses paid vacation at a luxury resort on a white sand beach after your surgery, and then actually get paid a huge cash bonus when you return.

Would you do it?

Would you believe that your decision to travel around the world as a “medical tourist” could actually save money and help lower your insurance premiums?

In essence, if House Bill 4359 becomes law, that is exactly the kind of choice that will be presented to Public Employees Insurance Agency (PEIA) policyholders who require expensive surgical procedures. The bill will not require the policyholder to travel abroad, but it will make foreign travel for certain medical procedures an option. And furthermore, the bill will even offer financial incentives to policyholders who choose the foreign option.     

For many people, the initial response to this idea is to chuckle. They simply find it hard to believe that foreign health care is that much cheaper than American health care. And yet it is.

The bill would not require the policyholder to travel abroad, but it will make foreign travel for certain medical procedures an option.

The news media are now filled with stories about Americans who have opted for surgery abroad, often at deeply discounted prices. Open-heart procedures that would normally cost $100,000 here often cost only $10,000 to $12,000 there - and that includes the cost of travel.

It is that kind of cost differential that makes it possible to make this kind of offer to PEIA policyholders with a completely straight face. This is no joke. It is, however, a very sad commentary about the unbearable cost of the American health care system. Dare I call it piracy?

Of course, you need to be confident that the quality of care at the foreign facility you choose will be at least as good as the quality of care you would receive at home. It might reassure you to learn that many of these hospitals are now accredited by the very same organizations that accredit American hospitals. The standards are the same.            

Furthermore, the facilities have Western-trained medical staffs, state-of-the-art laboratories and equipment, and world-class service. One of these hospitals, Bumrungrad International Hospital in Bangkok, was profiled on CBS’ “60 Minutes.”

The hospital was compared to a five-star resort with world-class health care. The hospital has treated royalty and world leaders. And the cost of open-heart surgery at Bumrungrad is less than $8,000, including hospitalization.

If you are still skeptical, you might take some time to visit my Web site, www.competitionishealthy.com, where I have provided a lot of additional information about the quality of care as well as the economic effects of offering people the option to travel abroad for health care.

I have even included links to Web sites for 14 foreign hospitals including Bumrungrad, Johns Hopkins Singapore (yes, it is part of Johns Hopkins Hospital in Maryland) and others. Check them out for yourself and draw your own conclusions.

Or, if you have time, you might decide to visit the State Capitol on Feb. 21 and attend a public meeting in the House of Delegates chamber where you will hear firsthand accounts from people who have actually traveled abroad for health care. I urge you to keep an open mind. The health care options I am offering are truly world-class.

So, if HB 4359 passes, how will it affect you? In brief, it will give you more options for health care, and it could even reduce your premium. If HB 4359 passes, PEIA will be required to expand its health provider network to include at least a few foreign hospitals that meet certain quality standards.

Then, when a PEIA policyholder requires an expensive procedure that can be scheduled in advance, if that procedure can be performed by one of these foreign in-network hospitals at a lower total cost (including travel, hotel, etc.), then the policyholder will be given the option to travel abroad for surgery.

Policyholders would receive all-expenses paid trips to qualified foreign hospitals and even cash bonuses for procedures that are less expensive overseas. 

Travel won’t be mandatory, but the bill provides for very specific incentives. Waivers for co-payments and deductibles, round trip airfare for two, a paid vacation for rest and recuperation and extra time off are just the beginning.

The best part is the cash bonus. The policyholder will receive a cash bonus equal to 20 percent of the difference between the total cost of the foreign care and the amount that PEIA would have expected to pay for the procedure if it had been performed stateside.

Yes, that bonus could be rather large even after the travel costs are factored in. The remaining 80 percent of savings will be deposited in a separate account and the money that accumulates in that account will be rebated on a pro-rata basis to all PEIA policyholders at the end of each fiscal year. In this way, HB 4359 passes all of the savings from this innovative “travel for health” program back to policyholders.

Of course, even with these lucrative incentives, I don’t expect to see an exodus of medical refugees fleeing high-priced domestic health care for cheaper foreign care. Some people just won’t or can’t go.

The incentives will guarantee that a few people will. On the other hand, the bill can accomplish its real purpose even if only a few people take advantage of its provisions. It will send a clear price signal to American health care providers. It will carry the message that higher prices could translate into loss of market share. It will bring competition to the American health care system.

And that will help us control the cost of health care here at home. This tactic is new in America, but it is not new under the sun. Japan has been systematically outsourcing health care to great economic advantage for years.

Japan, by the way, has an excellent health care system with more CT and MRI scanners per capita than the United States and the longest life expectancy in the industrial world. They spend approximately half as much per capita on health care as we do.  (Interestingly, I have found that opposition to my bill is not “monolithic” in the health care community.  Primary care providers seem to like it. If my bill passes, then we may see a reorganization of health care in the United States to a model that is similar to what we see in Japan and other industrial nations, a model that emphasizes primary care.) 

Now, do you support HB 4359? Perhaps you need to think about it. I encourage you to think about it.

“This bill represents a missing component of health care reform, the market-based component. It is not the entire answer, but it is an important part of it.”

Ask yourself some questions. Don’t ask yourself if you would be willing to go to Thailand for health care, ask yourself if you would like to have the choice. Would you like to give someone else that choice? Do you want to give American health care providers a reason to worry about their next price increase the way the rest of us worry about their next price increase?

If you answered yes to any of these questions, then you probably should support HB 4359. This bill represents a missing component of health care reform, the market-based component. It is not the entire answer, but it is an important part of it.

I encourage you to support the bill and, who knows, you might break a leg or something and get a free trip to Thailand (just kidding).

- Canterbury, R-Greenbrier, is a member of the House Education Committee. He represents the 28th Delegate District which comprises Greenbrier County. He is the lead sponsor for HB 4359. The other two sponsors include Del. Ron Walters, R-Kanawha, and Jeff Eldridge, D-Lincoln.

 

Etc.

Apply to teach teachers; NASA’s Mercury mission

The “MESSENGER Educator Fellowship” has announced a plan to recruit 30 practicing educators or teacher-trainers to become MESSENGER Educator Fellows.

MESSENGER is a NASA Discovery mission that was launched in 2004 and will reach Mercury in 2011.

MESSENGER Educator Fellows “help bring the excitement of this challenging mission to classrooms nationwide by training teachers on the Solar System-focused education materials written in support of the mission,” according to Ken Pulkkinen, coordinator of the MESSENGER Educator Fellowship.

The fellowship includes an all-expenses-paid, five-day training workshop in Washington in June 2006.

According to Pulkkinen, “This is a national announcement of opportunity and we wish the word to reach as wide an audience as possible to help make the candidate pool, and, therefore, the next cadre of fellows, as strong as possible.”
Applications are due March 31, 2006.

You may contact Pulkkinen at messenger@usra.edu or call (202) 689-1238 if you have questions.

 

Voices from the Field: Forum for West Virginia Educators

West Virginia School Boards Association President Debbie Thompson (Pleasants) encourages all county board members to participate in “Voices from the Field: A Forum for West Virginia Educators,” 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.

“It is critical that county board members – invited specifically to these events by our state superintendent of schools – should be present and should participate fully. It is an honor that the state Board of Education and State Superintendent Steve Paine, Ed.D., desire our input,” she said.

According to Department of Education officials, at each of the locations hosting “Voices from the Field,” the state superintendent and West Virginia Department of Education staff members will ask the same questions of participants and listen to their responses.

The small group conversations leading up to participants’ responses and the resulting reports will help Paine and his staff to better understand the needs of West Virginia’s teachers as they prepare West Virginia students for successful entry into the 21st century, according to Education Department officials.

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

To access the advanced readings, please click the following links:

• Learning for the 21st Century: A Report and Mile Guide for 21st Century Skills Pages 3-5
     (http://www.21stcenturyskills.org/images/stories/otherdocs/P21_Report.pdf)
  
  
•    Road to 21st Century Learning: A Policymakers. Guide to 21st Century Skills Pages 8, 11
  (http://www.21stcenturyskills.org/images/stories/otherdocs/P21_Policy_Paper.pdf)

Additional Resources about 21st Century Skills
            Movies from the National Board for Professional Teaching Standards' Digital Edge Web site:

• Kindergartners Write Every Day (http://ali.apple.com/ali_sites/deli/exhibits/1000666/Technology.html)
• Making Better Readers Through Reading, Writing, and Technology       (http://ali.apple.com/ali_sites/deli/exhibits/1000740/Technology.html)
             
  All participants are also asked to register (http://wvde.state.wv.us/forums/#dates#dates) Pre-registration is necessary for room setup and for food ordering.
   
  Discussion Questions

• What knowledge and skills does a West Virginia graduate need to succeed in the 21st century?
• What do you as a teacher need to educate a 21st century learner?

 

Schedule and Locations
February 2006

DATE	COUNTY	LOCATION
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 and “grab ‘n’ go” snack
5:55 p.m.       Discussion question 1
                        What knowledge and skills does a West Virginia graduate need to succeed in the 21st century? 
6:25 p.m.       Discussion question 2
                        What do you as a teacher need to educate a 21st century learner
                        (i.e. professional development, assessments, instructional strategies, technology tools)
6:55 p.m.         Break
7:10 p.m.         Report out of discussion, general meeting location
8 p.m.              Adjournment

           
Forums have been held in Putnam and Raleigh counties. If you have questions about the forums, please contact Liza Cordeiro, executive director of the Office of Communications (304-558-2699, lcordeir@access.k12.wv.us), or Karen Larry, executive assistant to the superintendent (304-558-2118, klarry@access.k12.wv.us).

 

Clarification/Corrections

The wording in the Feb. 3 column by West Virginia School Boards Association President Debbie Thompson should have read, “Come prepared to share your sentiments with all of us.” The sentence, as published, referred to both “you” and “your.” Thanks, sharp-eyed readers.

We would be remiss not to point out that Barbara Blackburn is president of the American School Counselor Association, not the National School Counselors Association to which we erroneously referred in the Jan. 27 issue of The Legislature. Our apologies to Ms. Blackburn, a school counselor at Eastern Greenbrier High School, Lewisburg, and president of the ASCA. Again, thank you to our readers for catching this.

Finally, one of our readers wanted to know why we used the U.S. postal service abbreviation, “WV” under the Charles Delauder photograph when journalistic style is “W.Va.” We use WV in photo captions, bylines and some headlines when space is an issue. The W.Va. abbreviation is used in body copy, after a city name, such as in “Clifftop, W.Va.” Delauder is president of the West Virginia Education Association. He wrote last week’s “Last Word” column.

 

Looking Back:Feb. 1996 session ‘slow’ while snow hampers school calendar

 

“Session activity slow” was the headline on the Feb. 8, 1996 issue of The Legislature, although the publication included articles about the Legislature moving closer to passing legislation that would “eliminate the WV-STEP Test.”

The Senate Education Committee adopted an “omnibus” school service personnel bill, and a public hearing was likely to be scheduled regarding the school calendar as 1996 was one of the snowiest years in recent history.

Secretary of Education and the Arts Barbara Harmon-Shamberger told Senate Education that “West Virginia needs to expand day-care opportunities, increase community support for schools, and stimulate job growth.”

Additionally, House Speaker Chuck Chambers, D-Cabell, told the Associated Press that pending House Judiciary Committee legislation relating to the state’s Open Governmental Proceedings Act (“Sunshine Law”) could end up limiting public access to House and Senate Conference Committee meetings because, he said, these type meetings are “conducted sporadically during the waning hours of the session.”

In regard to the Open Meetings Law discussion, West Virginia School Boards Association Counsel Howard E. Seufer Jr. forwarded recommendations to House Judiciary.  (The Sunshine Law was significantly amended in 1998, a move largely spearheaded by WVSBA and a study group, assembled by WVSBA, which included representatives from the West Virginia Press Association and West Virginia Association of Counties, among other groups.)

Lastly, the publication announced a Feb. 29, 1996 training teleconference relating to “safe schools” and “personnel season” issues, the latter directed to providing “practical advice for those puzzling personnel issues such as employee layoffs, non-renewals and terminations, while offering sound suggestions for avoiding legal pitfalls.”

 

Soundbites

“People were saying, I could vote for it if it had this or didn’t have that. I don’t look for us to decide anything for a week or 10 days.” – House Majority Leader Rick Staton, D-Wyoming, discussing proposed table games legislation (House Bill 4314).

“It appears some corporations were created, invoices were generated, [Post Office boxes] were generated and checks were sent to them. Obviously, it gives us great concern.” – McDowell County Schools Superintendent Mark Manchin, Ed.D., discussing missing funds at Regional Educational Service Agency I. See Charleston Gazette article mentioned above.

“They’ve been less than stellar about reporting things the [House] Education Committee has requested of them.” – Del. Brady Paxton, D-Putnam, discussing legislation regarding the Office of Education Performance Audits (OEPA).

“I’ve seen a thousand programs come and go…this is the first I’ve seen worth it.” – Cari Pauley, a Lincoln County teacher, discussing the College Summit program before House Education Tuesday.

 

Meanwhile in New York City . . .

The longtime principal of Brooklyn Technical High School, whose management style provoked frequent battles with many of his teachers, is stepping down after it was discovered he had improperly placed his child in a Brooklyn elementary school even though the family lives in New Jersey.

As part of an agreement, the principal, Dr. Lee D. McCaskill, will retire and pay the city $19,441 for four years of tuition.

For years, McCaskill, the leader of one of the city's most prestigious high schools, has been a polarizing figure, infuriating staff members and occasionally drawing protests from students. Teachers complained that he persistently canceled the sort of activities and trips that made the school special and that he regularly censored the school newspaper, once destroying all 4,000 copies of an issue detailing problems at the school. Worst, they said, he ruled by intimidation, giving unfavorable ratings to those who criticized him publicly.

McCaskill and his wife live in Piscataway, N.J. but for at least the past four years, they had sent their daughter, now a fifth-grader, to the Brooklyn elementary school, officials said.

Some teachers at Brooklyn Tech marveled at the news that he was stepping down.          

"It was this buzz that reached a crescendo of excitement," said Jay Fleishman, a social studies teacher. "There was actually high-fiving and hugging in the hallways….
           
Source: New York Times, Feb. 7, 2006

 

Wisdom

“Very few men are wise by their own counsel; or learned by their own teaching. For he that was only taught by himself, had a fool for his master.”

-  Ben Jonson (1572-1637), 17th century dramatist, poet, and wit.

---

West Virginia School Boards Association
Winter Conference ‘06
Agenda

Thursday, February 16	WVSBA/WVASA Reception with Legislators
6:00 p.m.	WVSBA Executive Board Meeting
8:00 p.m.
Friday, February 17
7:00 a.m.	Breakfast
8:00 a.m.	Capitol Visitation
11:00 a.m	Registration
1:00 p.m.	General Sessions I
	“Partnership for 21st Century Skills” Presenters: Steven L. Paine, State Superintendent of Schools / Ken Kay, President, Partnership for 21st Century Skills, Tucson, Arizona Or,                         “The ABCs of Effective County Board Hearings” Presenters: Howard E. Seufer Jr., Bowles Rice McDavid Graff & Love, WVSBA Counsel
2:30 p.m.	Break
2:45 p.m.	Repeat General Sessions I
4:15 p.m.	Adjournment for General Sessions I
	Dinner on Own
7:00 p.m.	Workshops: Choose 1 “Issues Relating to Student and Employee Code of Conduct/Bullying:County Board Responsibilities” Presenter: Don Chapman, Assistant Director, Student Services and Health Promotion, West Virginia Department of Education                                                   “National Board of Professional Teaching Standards: County Board Role” Presenters: Karen Huffman, Ed. D.,  Executive Director, Office of Professional Preparation, West Virginia Department of Education; Monica Beane,  Coordinator, Certification, West Virginia Department of Education: WVDE Representative; Pat Kusimo, Ph.D., Chief Executive Officer, West Virginia Center for Professional Development                                                             “Early Childhood Education: What the Research Shows,” Presenter: Karen Duckworth, Project Manager/WV Pre-k Instructional Coach, West Virginia Department of Education
8:00 p.m.	Workshops Repeated: Choose 1
Saturday, February 18
7:15  a.m.	Breakfast
8:00 a.m.	Delegate Assembly Meeting
9:00 a.m.	General Sessions II
	“Closing the Achievement Gap: Lessons for All County Boards” Presenter: Richard Lawrence, Executive Director School Improvement Or,             “Regional Education Service Agencies and County Boards: Mission for the 21st Century” Presenter:  Chuck Nichols, RESA III Executive Director and Various RESA Executive Directors
10:15 a.m.	Break
10:30  a.m.	Repeat of Above Programs
11:45 a.m.	Winter Conference Program Adjournment

 

 

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”