February 21, 2008 - Volume 28 / Issue 13
Overview Info
Stats
| Day of 2008 Regular Session | 44th |
| Days Remaining | 16 |
| Bills Introduced: (Including 629 House carryover bills) |
2,117 |
Quote:“He can talk to the Turkey Federation if he vetoes it.” – Sen. Billy Wayne Bailey, D-Wyoming, discussing prospects the governor might veto Senate Bill 9 which relates to requiring hunter safety education training in public schools, although students could opt not to take the course, choosing to remain in a regular physical education class. Gov. Joe Manchin was quoted by a Beckley newspaper as saying such legislation should remain a matter of county discretion.
Inside
- NEWS
- Senate Education approves school employee pay bill
- Bills on Student behavior and funding for school construction clear House Education Committee
- Senate approves optional course on hunter safety
- Bill intended to strengthen ethical standards in government clears House
- Kanawha School Board decision pending on further litigation involving library funding
- W. Va. Board of Education seeks input about teaching, learning, school climate
- W. Va. high school students taking more Advanced Placement courses; English most common AP course taken
- Tickets available for annual Third House roase at Cultural Center
- Bill Almanac - Feb. 21, 2008
- 2008 Legislative Calendar
- ADMINISTRATIVE PERSPECTIVE
- WVSBA BRIEFS
- Winter Conference program details finalized; Executive Board session and FY09 Annual Business Meeting scheduled for Feb. 21 and Feb. 23, respectively
- Agenda - West Virginia School Board Association Winter Conference '08 - February 22/23, 2008
- West Virginia School Board Association 2008 Meetings Schedule
- Applications being received for Upshur superintendent position
- COMMENTARY
- ETC
- LAST WORD
News
Senate Education approves school employee pay bill
Senate Education Committee Tuesday adopted Senate Bill 573 which proposes a $1,600 across-the-board pay increase for professional educators, with an additional $400 increase for classroom teachers.
Under terms of that bill, service personnel would receive a $70 per month across-the-board increase.
This measure and other Senate Education Committee bills adopted Tuesday will be reviewed in the February 29 issue of The Legislature.
Bills on student behavior and funding for school construction clear House Education Committee
By Jim Wallace
The House Education Committee approved four bills in a long meeting Tuesday. They included House Bill 4368, aimed at reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students. House Bill 4131 would authorize the School Building Authority to issue revenue bonds from proceeds of the State Excess Lottery Fund.
Other bills approved by the committee were House Bill 4117 and House Bill 4130. HB 4117 would expand eligibility for state minimum salary supplements for school psychologists and nurses achieving certain national certification. HB 4130 would establish the West Virginia Research Trust Fund.
HB 4368 would implement a bill of rights, school discipline committees and increased penalties for chronically disruptive students. The bill states: “The Legislature finds that isolating students or placing them in alternative learning centers may be the best setting for chronically disruptive students.”
Each public school would be required to establish a five-member committee to review disciplinary practices at that school. Faculty senate would select three teachers to serve as members and the state’s “largest employee organization of school service personnel” would select one bus operator and one classroom aide as members.
Each committee would be allowed to meet up to two hours a month during regular instructional days to review disciplinary measures at the school, examine fairness and consistency of disciplinary actions at the school and report findings to the county superintendent.
If the committee believes student discipline at the school is not enforced fairly or consistently, it would provide its findings and supporting information to the county superintendent. Within 10 days of receiving such a report, the superintendent or a designee would be required to respond in writing to the committee. All such correspondence would have to be kept on file for public review.
The Bill of Rights and Responsibilities for Students and School Personnel would include:
- The right to attend a school and ride a bus that is safe, orderly and drug free;
- The right to learn and work in a school that has clear discipline codes with fair and consistently enforced consequences for misbehavior;
- The right to learn and work in a school that has alternative education placements for violent or chronically disruptive students;
- The right to be treated with courtesy and respect;
- The right to attend a school and ride on a bus that is free from bullying;
- The right to support from school administrators when enforcing discipline policies;
- The right to support from parents, the community, public officials and businesses in their efforts to uphold high standards of conduct; and
- The responsibility to adhere to the principles in this Bill of Rights and to behave in a manner that guarantees that other students and school personnel enjoy the same rights.
During discussion of the bill, Del. Eustace Frederick, D-Mercer, asked for examples of punishment and whether expulsion could be included. Del. David Perry, D-Fayette, explained that punishment is based on each county’s discipline policy, a student’s record and the severity of the occurrence. He said expulsion could be used.
Del. Brady Paxton, D-Putnam, said it is difficult to use expulsion because courts often have sided with students and required schools to provide alternative programs to teach them.
HB 4131 recommended by Gov. Manchin would authorize the School Building Authority to use $19 million in proceeds from the State Excess Lottery Fund to issue revenue bonds. The increased bonding capacity would permit the agency to fund more school construction and renovation.
Del. Stan Shaver, D-Preston, wanted reassurance that not all the money would be used for consolidation. Mark Manchin, the authority’s director, said the majority of the funds would be used for renovations rather than consolidation.
Delegate Dave Pethtel, D-Wetzel, wondered if a school system would be more likely to receive SBA money if it provides some of its own money to match it. Manchin said his agency expects the construction needs of West Virginia school systems to exceed $2 billion in the coming year, so getting local money to match the state money is “the only way we feel we’re going to address the needs around the state.”
Del. Brady Paxton, D-Putnam, said it is difficult to use expulsion because courts often have sided with students and required schools to provide alternative programs to teach them.
The Education Committee’s approval of the bill sends it to the House Finance Committee for further consideration.
HB 4117 received little discussion. A staff attorney noted that adding school psychologists and nurses to those eligible for salary supplements for receiving national certification should cost a little more than $60,000 a year.
HB 4130 was another bill recommended by Gov. Manchin, who spent a significant portion of his State of the State address promoting his “Bucks for Jobs” initiative to create a $50 million endowment fund for the state’s two research universities, West Virginia University and Marshall University. It is based on Kentucky’s “Bucks for Brains” program that has resulted in 62 new start-up companies.
Money in the proposed West Virginia Research Trust Fund would be matched with private donations. The research funded by the money is supposed to be in a few specific lines of research: energy and environmental sciences; nanotechnology and materials science; biological, biotechnological and biomedical sciences; and biometrics, security, sensing and related identification technologies.
“This is a very significant investment in the future,” Marshall University President Stephen Kopp told the committee. He added that the researchers hired under the program would be on performance contracts not in tenured positions, so they would have to be productive to keep their jobs.
“It’s actually a better model than in Kentucky,” Kopp said.
Del, Locke Wysong, D-Jefferson, expressed concern about putting so much money into the trust fund when West Virginia has trouble funding public education and keeping schools from crumbling. But Kopp said it’s important for the state to invest in research to avoid a brain drain of some of its best citizens.
The committee passed the four bills after spending about an hour listening to presentations by Secretary of Education and the Arts Kay Goodwin and heads of some of the agencies in her department to justify their budgets.
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.
Senate approves optional course on hunter safety
Two GOP lawmakers label measure “absurd”
By Mannix Porterfield
Amid Gov. Joe Manchin’s reservations about making it mandatory, senators agreed Monday to put a special, optional hunter safety course on the curriculum in West Virginia’s schools.
Two Republicans voting against the measure labeled it “absurd” and “ridiculous,” one of them suggesting parents should pay for private hunting lessons.
“It’s not mandatory for the students to take, but it’s mandatory for it to be offered,” explained Bailey, shortly before the 28-3 vote that sent the bill to the House of Delegates. The other negative vote was cast by Sen. Roman Prezioso, D-Marion.
Under the bill co-sponsored by Sens. Billy Wayne Bailey, D-Wyoming, and Shirley Love, D-Fayette, the state Board of Education would establish rules in tandem with the Division of Natural Resources to provide instructors for the elective, 10-hour course.
“It’s not mandatory for the students to take, but it’s mandatory for it to be offered,” explained Bailey, shortly before the 28-3 vote that sent the bill to the House of Delegates. The other negative vote was cast by Sen. Roman Prezioso, D-Marion.
Bailey appeared chagrined at Manchin’s expressed opposition to the mandatory clause. The governor said he thinks individual county school boards should have the option of whether to add the course to schools in each district.
“He can talk to the Turkey Federation if he vetoes it,” Bailey said.
On the floor, Bailey reminded senators students would learn such topics as wildlife conservation, responsible and ethical hunting, basic hunting skills, firearm safety, bow hunting, survival and first aid, ATV safety and boating safety.
Students completing it would be eligible to apply for a hunting license.
“This is totally voluntary for students,” Bailey said in brief floor remarks. “It won’t take any days from regular instruction.”
But Sens. Jesse Guills, R-Greenbrier, and Vic Sprouse, R-Kanawha, remained steadfast in their opposition.
“It’s absurd,” Sprouse scoffed. “We try to teach everything in school except for the absolute things we need to be teaching, such as math and science and English. Now we’re talking about offering a hunting education course.”
Sprouse said he does not oppose hunter safety, but prefers it be done in another setting and not during school hours.
“If you want hunter safety, that’s fantastic,” the former Senate Republican leader said. “Pay for it yourself. Don’t ask taxpayers to take up a portion of the school day to teach hunter safety.”
“If you want hunter safety, that’s fantastic,” the former Senate Republican leader Sprouse said. “Pay for it yourself. Don’t ask taxpayers to take up a portion of the school day to teach hunter safety.”
Sprouse complained that legislators keep piling more and more requirements on public education each year, while ignoring essentials.
“We shouldn’t be expecting the school systems across the state such as Capital High or Jefferson High who may have almost no one, if any at all, actually ask for that class,” he said.
Guills’ sentiment echoed that of Sprouse.
“It goes against what I believe the main purpose of education in our school is,” the senator said. “This should be done in recreation time and not mandated in the school system. It’s a stupid bill.”
Love, who originally thought up the idea 13 years ago when it concentrated on firearm safety, was absent for the vote.
One goal in mind is to rekindle an interest in hunting by youths, because figures show a dramatic decline in hunting license sales to the younger generation, Bailey said.
“We’re not instilling that tradition in our youth,” Bailey said. “We’re letting it dwindle, and hunting is a billion-and-one-half-dollar industry in West Virginia.”
— Mannix Porterfield is a reporter for the Register-Herald newspaper at Beckley. His e-mail address is mannix@register-herald.com. This article was published in the Register-Herald Feb. 18 and is reprinted here with permission.
Bill intended to strengthen ethical standards in government clears House
By Lewis G. Brewer
Legislation designed to clarify and strengthen ethical standards of conduct of public servants passed the House of Delegates Feb. 20.
This bill was requested by the West Virginia Ethics Commission to clarify provisions in the act changed in 2005 during the Legislature’s First Special Session. The bill includes substantive changes. Most are intended to strengthen the ethical standards of conduct contained in the act.
This bill expands situations covered by the "revolving door" limitations to include a prohibition against employment by a vendor for public servants who have authority over contracts within their government agency and for a public servant to influence award of a contract in which they have a financial interest. Currently, this limitation only applies to businesses "regulated" by the public servant. It also clarifies prohibition against having a financial interest in a public contract over which the public servant has authority or control applies to all contracts greater than $1,000.
The bill adds a prohibition against voting on certain matters, clarifying standards which were previously contained in a Legislative Rule that provided guidance without establishing an enforceable standard of conduct.
The bill adds a prohibition against voting on certain matters, clarifying standards which were previously contained in a Legislative Rule that provided guidance without establishing an enforceable standard of conduct.
New definitions for "business" and "relative" have been added to the act to implement these new voting rules. For example, a public servant will not be allowed to vote on a matter involving a business in which the public servant or immediate family member has a financial interest or on a personnel matter involving a spouse or relative, unless the public servant, their spouse, or relative, as the case may be, are affected as members of a class of similarly situated persons or businesses consisting of five or more.
Limits of an affected "financial interest" are specified in the act. Voting by members of the Legislature remains under the current procedure, which allows legislators to obtain guidance in accordance with the established rules of their respective houses.
The bill includes a proviso which modifies prohibition against use of office for private gain to permit public employees and officials who travel on official business to use frequent traveler points for subsequent personal travel, so long as their travel arrangements do not generate additional cost to the government. Another section in proposed amendments will allow the Ethics Commission to adopt rules establishing the circumstances in which a person who regulates a business may buy goods or services from that business.
Other provisions in the bill clarify procedures the commission will follow in adjudicating a complaint filed against a candidate for public office within 60 days of an election. There is new clarifying language on when to replace a member of the Ethics Commission who has been recused from adjudicating a complaint on its merits, as well as a new subsection providing for replacement of a recused member of the Probable Cause Review Board.
Limits of an affected "financial interest" are specified in the act. Voting by members of the Legislature remains under the current procedure, which allows legislators to obtain guidance in accordance with the established rules of their respective houses.
There is some cleanup language to change references to an "investigative panel" in the old act to the Probable Cause Review Board, a separate entity created in 2005 to screen complaints for merit and monitor investigations to determine whether probable cause for issuing a formal complaint has been established.The bill reduces training requirements for registered lobbyists, requiring completion of a training class during each two-year registration cycle, rather than every year a lobbyist remains registered with the commission.
House Bill 4524 is sponsored by Dels. Carrie Webster, D-Kanawha, Patrick Lane, D-Kanawha, Virginia Mahan, D-Summers, Marshall Long, D-Mercer, Bill Proudfoot, D-Randolph, and Bonni Brown, D-Kanawha, passed the House of Delegates Feb. 20.
Editor’s Note: The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4524%20eng%20SUB.htm
Lewis Brewer is the executive director of the West Virginia Ethics Commission.
Kanawha school board decision pending on further litigation involving library funding
The Kanawha County Board of Education has not made a final decision about continuing its litigation relating to whether 2007 legislation embodied in Senate Bill 541 addressed local laws, most adopted several years ago, which require county boards to make payments to local public libraries.
The statutes, which affect nine specific county boards, require a corresponding reduction in state Public School Support Program (PSSP) moneys, based on a long-standing state Department of Education interpretation that the moneys for library payments, once made as required by the local laws, results in lesser funds for which to base county allowances for other steps in West Virginia school funding formula.
In 2004, the Kanawha Board, sued the WVDE challenging that interpretation.
The state Supreme Court of Appeals in December 2006 agreed with the Kanawha Board, directing the Legislature to address the issue.
Legislators, in adopting Senate Bill 541 last year, essentially said annual increases in local tax dollars not necessary for PSSP funding allowance steps were to be used first to pay library payments to the extent they could.
The legislation also allowed school districts in the nine counties to place library funding on excess levy ballots once existing excess levies expired.
Late last year, the Kanawha board filed a petition with the state Supreme Court of Appeals seeking to determine if SB541 corrected the problem which the court determined in the original case violated the equal protection clause in the state Constitution.
The petition also sought an opinion from the court determining if the provisions of SB541 itself violated the equal protection clause.
The court refused the petition, but stated the case could proceed in the proper forum. That means the case could be refiled in Circuit Court.
Three specific bills would address segments of the SB541 legislation, clarifying that the increase in local dollars not dedicated to PSSP usage is to be used for library funding as well as making technical changes in placing library funding on excess levy calls.
W.Va. Board of Education seeks input about teaching, learning, school climate
The West Virginia Board of Education wants to hear from teachers and 15 other stakeholders, including teacher unions and the governor’s 21st century Jobs Council.
The board has launched West Virginia’s Vision for Improving Teaching and Learning (WV VITAL), an online survey of teachers on teaching and learning conditions and school climate.
Survey response takes about 20 minutes
Teachers have been asked to take about 20 minutes during the next month to respond to the confidential, Web-based survey. Survey data will address conditions and climates of schools as they impact and support effective leadership, encourage teacher retention and promote student learning in the 21st century.
Responses will be accepted from Feb. 18 to March 14. A toll-free telephone help desk is available to answer questions about the survey between 3 p.m. and 5 p.m. weekdays at 1-866-588-4342. Participants will remain anonymous, but results will be shared with schools, school districts and the West Virginia Board of Education. Preliminary data should be available about a month after the survey closes. Final reports will be available in approximately three months.
“This survey provides us with a unique opportunity to gather information about school climate from those whose perceptions matter most – practicing educators,” said state Board of Education Member Lowell Johnson, who is leading the project. “This data will prove to be invaluable as we make decisions about school improvement.”
California university helping with survey results
The West Virginia Board of Education and its Teaching and Learning Conditions Survey Stakeholders Group are working with the New Teacher Center at the University of California at Santa Cruz to conduct the survey.
WV VITAL stakeholders include the 21st Century Jobs Council, West Virginia-American Federation of Teachers, Diocese of Wheeling-Charleston schools, Edvantia, Office of the Secretary of Education and the Arts, Regional Education Service Agencies, West Virginia Association of Elementary and Middle School Principals, West Virginia Association of School Administrators, West Virginia Association of Secondary School Principals, West Virginia Board of Education, West Virginia Department of Education, West Virginia Education Association, West Virginia Higher Education Policy Commission, West Virginia Independent Colleges and Universities, West Virginia Professional Educators, and West Virginia Schools Boards Association.
More information is available by contacting Karen Larry, executive assistant to the state superintendent of schools, at (304) 558-2118, or the Office of Communications at (304) 558-2699. The survey Web site can be viewed at http://www.westvirginiavital.org .
W.Va. high school students taking more Advanced Placement courses; English most common AP course taken
More West Virginia public school students are taking college-level Advanced Placement (AP) courses than ever before, according to a national report released Wednesday.
The Fourth Annual AP Report to the Nation, published by the College Board, shows t 2,512 public school students, or about 15.2 percent of the Class of 2007, took at least one Advanced Placement examination during high school. That compares with 1,835 students, or about 10.7 percent who took the examinations in 2002. English is the most common AP course taken by West Virginia students.
“The AP report validates that we are on the right track in West Virginia to prepare our students to continue their education,” state Superintendent of Schools Steve Paine said. "But we also know that we have not reached our final goal if future graduates are to be prepared for the digital world of the 21st century.”
“The AP report validates that we are on the right track in West Virginia to prepare our students to continue their education. But we also know that we have not reached our final goal if future graduates are to be prepared for the digital world of the 21st century.” --Steve Paine, state superintendent of schools.
In terms of volume, West Virginia students outpaced the nation. Statistically, most states see a drop in performance as participation increases. Not so in West Virginia, according to the report.
The report shows a record number of West Virginia students are scoring higher after completing AP courses and taking the corresponding exam. West Virginia students scoring a three or higher has increased from 886 or 5.2 percent in 2002 to 1,149 or 7 percent last year.
The report also cited West Virginia for its efforts to facilitate and fund teacher participation in AP and pre-AP professional development and for the state’s commitment to college readiness for all students. The West Virginia Center for Professional Development is responsible for training educators to teach Advanced Placement courses.
"We're obviously proud of our students and teachers," Paine said.
Encouraging more students to enroll in Advanced Placement courses is just one step the West Virginia Department of Education is taking to increase rigor in the 21st century. As part of the system-wide implementation of its 21st Century Skills initiative, the department also has aligned its Content Standards and Objectives with 21st century skills. This includes critical thinking, problem solving, communication skills, global awareness and business literacy.
More information is available from the West Virginia Department of Education.
Tickets available for annual Third House roast at Cultural Center
Third House, the annual roast of the Legislature, the governor and lobbyists by Capitol news media members, will be Wednesday, March 5, at 8 p.m. at the Cultural Center Auditorium. A reception will follow the event in the Great Hall.
All proceeds go to Marshall University’s School of Journalism & Mass Communications.
Tickets to the 19th annual evening of political satire are $25 each.
“Patron” level tickets are $300 which includes 12 tickets, including two seats in the VIP Section with Gov. Joe Manchin as well as other special guests.
Patrons are included in the program.
Tickets may be ordered by e-mailing the Marshall University Journalism School at reynoldst@marshall.edu or by calling the Journalism School at 304.696.2360. Tickets also are available in the office of Matt Turner, governor’s press secretary, Room W150, in the first floor west corridor of the Capitol, and in the office of Raamie Barker, chief of staff in the Senate president’s office, on the second floor west of the Capitol.
If ordering by e-mail or telephone, please provide full contact information.
Bill Almanac – Feb. 21, 2008
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 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 usually are listed once they are given a bill number. The Legislature’s Web site link to each bill is included. Senate bills are listed first. The Bill Almanac is updated weekly. The listings are not exhaustive.
Senate Bill 9 mandating firearm safety program in public schools. Status: Senate approved Feb. 18. Referred to House Education then House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB9%20SUB1%20eng.htm
Senate Bill 57 authorizing county boards to enter into lease-purchase agreements for lands, building and equipment. Status: Senate Education approved Jan. 22. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb57%20intr.htm
Senate Bill 65 establishing a school uniforms incentive plan project. Status: Senate Education approved Jan. 22. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb65%20intr.htm
Senate Bill 133 relating generally to in lieu of property tax payments, including provision that each local levying body would execute payment in lieu of property tax agreements. Status: Senate Education approved Feb. 7. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB133%20SUB1.htm
Senate Bill 156 providing tuition waivers for children and spouses of National Guard and active duty military personnel. Status: Passed Senate Feb. 20. Referred to House. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB156%20SUB1.htm
Senate Bill 161 requiring the State Board of Education to develop a program to pay the General Educational Development (GED) examination fee for eligible individuals. Status: Second reference to Senate Finance Committee. The Legislature’s reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB161%20SUB1.htm
Senate Bill 165 relating to school employees’ donated persona leave. Status: Senate Third Reading Feb. 21. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb165%20eng.htm
Senate Bill No. 194 Providing electronic instructional materials to certain students. Status: Senate Education approved Feb. 19. Senate First Reading Feb. 21. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB194%20SUB1.htm
Senate Bill No. 223 Establishing recruitment bonus for certain teachers. Status: Senate Education approved Feb. 19. Referred to Senate Finance on Second Reading. The Legislature’s Website reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB223%20SUB1.htm
Senate Bill 287 establishing the West Virginia Research Trust Fund. Status: Senate Education approved Feb. 12. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB287%20SUB1.htm
Senate Bill 297 authorizing the School Building Authority of West Virginia (SBA) to issue revenue bonds from the state Excess Lottery Fund. Status: Senate Education approved Feb. 12. Referred to Senate Finance Committee. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb297%20intr.htm
Senate Bill 459 clarifying the rule making authority of the School Building Authority of West Virginia (SBA). Status: Governor approved Feb. 19. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB287%20SUB1.htm
Senate Bill 564 relating to higher education tuition and fee waivers. Status: Senate Education approved Feb. 12. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB564%20SUB1.htm
Senate Bill No. 573 Increasing public school teachers' and service personnel annual salaries. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB573%20SUB1.htm
Senate Bill No. 593 Clarifying library funding obligation from local share. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB593%20SUB1.htm
Senate Bill 595 establishing public and higher education goals and objectives for 2020. Status: Senate Second Reading Feb. 21. The Legislature’s Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb595%20intr.htm
Senate Bill 606 requiring hiring preference to summer school program positions (professional positions). Status: Passed Senate Feb. 20. Referred to House. The Legislature’s Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb606%20intr.htm
Senate Bill 607 relating to teachers’ professional development and preparation days. Status: Senate Education approved Feb. 14. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb607%20intr.htm
Senate Bill 610 eliminating the prohibition against having Saturday school. Status: Senate Education approved Feb. 12. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb610%20intr.htm
Senate Bill No. 625 Requiring school principal make personnel recommendations. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB625%20SUB1.htm
Senate Bill No. 635 Authorizing State Board of Education to set and collect review fees from certain publishers. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb635%20intr.htm
Senate Bill No. 663 Increasing school cafeteria managers' pay grade. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB663%20SUB1.htm
Senate Bill No. 714 Awarding National Board for Professional Teaching Standards salary bonus to certain school leaders. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb714%20intr.htm
Senate Bill No. 747 Creating PROMISE Scholarship Summer Internship Program. Status: Senate Education approved Feb. 19. Senate First Reading Feb. 21. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB747%20SUB1.htm
House Bill 2202 relating to granting campus police officers law enforcement powers at private institutions of higher education in this state. Status: House Education has approved; referred to House Judiciary Committee Feb. 6. The Legislature’s Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb2202%20intr.htm
House Bill 3045 establishing the position of Bus Operator II. Status: House Education approved Jan. 21. Referred to House Finance.The Legislature’s Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb3045%20intr.htm
House Bill 3215 removing the administrative link between Shepherd University and Blue Ridge Community and Technical College. Status: Passed House of Delegates Jan. 28. Referred to Senate Education Committee. The Legislature’s’ Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB3215%20SUB.htm
House Bill 4023 providing for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades. Status: House Judiciary adopted Feb. 19. House Special Calendar First Reading Feb. 21. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4023%20SUB.htm
House Bill 4059 allowing “currently employed” bus operators who are diagnosed with diabetes which requires usage of insulin to be eligible for employment by county boards; certain restrictions apply. Status: Passed House Feb. 8. Referred to Senate Health and Human Resources Committee then the Senate Education Committee. The West Virginia Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4023%20HED%20AM%202-11.htm
House Bill 4062 relating to certification of professional educators, including alternative certification. Status: Second Reading House (inactive calendar) Feb. 15. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4023%20HED%20AM%202-11.htm
House Bill 4117 Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification. Status: House Education approved Feb. 19. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4117%20intr.htm
House Bill 4124 adding CPR and First Aid to the health education curricula in public schools. Status: Passed House Feb. 20. Referred to Senate. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4124%20intr.htm
House Bill 4125 increasing from $50 to $100 the amount of faculty senate funds individual classroom teachers may use for classroom supplies and similar materials, although faculty senates would continue to receive $200 per teacher. Status: Passed House Feb. 1; referred to Senate Education Committee then Senate Finance Committee. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4125%20intr.htm
House Bill 4128 allowing net proceeds held for a minor to be invested in a Smart529 college savings plan. Status: House Education approved Jan. 29. Referred to House Judiciary. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4148%20intr.htm
House Bill 4130 Establishing the West Virginia Research Trust Fund. Status: House Education approved Feb. 19. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4130%20intr.htm
House Bill 4131 Authorizing the School Building Authority of West Virginia to issue certain revenue bonds from proceeds of the State Excess Lottery Fund. Status: House Education approved Feb. 19. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4131%20intr.htm
House Bill 4163 clarifying that if a county board moves the library funding obligation of a “special act library” from the regular tax levy to the excess levy, the library funding obligation as mandated under the special library act would cease. Status: House Education approved Feb. 14. Referred to House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4163%20intr.htm
House Bill 4341 relating to payment of National Board for Professional Teaching Standards salary bonus to teachers who assume administrative posts. Status: House Special Calendar Feb. 21. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4341%20intr.htm
House Bill 4368 reducing acts of student violence and disruptive behavior through the implementation of a Bill of Rights, School Discipline Committee, series of county-wide meetings and increased penalties for chronically disruptive students. Status: House Special Calendar First Reading Feb. 21. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4368%20SUB.htm
House Bill 4406 relating to state board standards for the recommended duration of school bus transportation times for students to and from school. Status: House Calendar (Inactive Calendar) First Reading Feb. 21. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4406%20intr.htm
House Bill 4407 requiring automatic tire chains as standard equipment on all new school buses. Status: House Education approved Feb. 14. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4406%20intr.htm
House Bill 4433 increasing the maximum amount of a medical student loan that may be cancelled. Status: House Education adopted Feb. 5. Referred to House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4434%20SUB.htm
House Bill 4434 establishing a higher education energy and water savings revolving loan fund. Status: House Special Calendar First Reading Feb. 21. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4434%20intr.htm
House Bill 4449 permitting the Higher Education Policy Commission (HEPC) and the West Virginia Council for Community and Technical College Education (CCTCE) to enter into lease-purchase agreements for capital improvements, including equipment Status: House Special Calendar First Reading Feb. 21. The Legislature’s Web site reference is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4449%20intr.htm
House Bill 4477 allowing the state Board of Education to pay GED examination fee; certain conditions and restrictions. Status: House Education approved Feb. 7. Referred to House Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4477%20intr.htm
House Bill 4478 limiting mid-year transfer of certain school employees working with students with exceptionalities such as autism. Status: Passed House Feb. 13. Referred to Senate Education. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4478%20intr.htm
House Bill 4588 relating to the State’s Public School Support Program. Status: House Education approved Feb. 15. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4588%20intr.htm
2008 Legislative Calendar
√√First Day - January 9, 2008: First day of session. (WV Const. Art. VI, §18)
√√Twentieth Day - January 28, 2008: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)
√√Forty-first Day - February 18, 2008: Last day to introduce bills in the Senate and House. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14), (House Rule 91a) Does not apply to Senate and House resolutions or concurrent resolutions.
Forty-seventh Day - February 24, 2008: Bills due out of committees in house of origin to ensure three full days for readings.
Fiftieth Day - February 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)
Sixtieth Day - March 8, 2008: Adjournment at Midnight. (WV Const. Art. VI, §22)
--Source: West Virginia Legislature
Administrative Perspective
Session nearing end; committees adopted spate of bills early in week, including teacher and service personnel pay measure
By Martha Dean
The session is truly rushing toward the end.
Both Education meetings met Tuesday.
I went to Senate Education, but we finished early enough for me to get to hear the action on the bills in the House as the beginning of the meeting was a report and budget request from The Department of Education and the Arts.
The Senate went right through the entire agenda in about 40 minutes.
There were 12 bills on the agenda and, I believe they all had to go to Senate Finance Committee before the 50th day deadline for bills to pass out of their House of Origin.
Salary bill
The public education salary bill was passed out of Senate Education to Senate Finance for further activity.
It is Senate Bill 573 and increases the teacher salary schedule by $1600 and another $400 to go only to classroom teachers. Service personnel would get a $70 per month increase.
SB223 established guidelines for a pilot program with $5 Million to give bonuses to teachers in geographical shortage areas and subject specific areas. It seems complicated to me.
New hiring criterion
SB625 would require principals to recommend personnel to be hired in their school to the superintendent and would make that recommendation the 8th criteria to be considered in hiring.
SB663 changes the classification of cafeteria manager from “D” to “E.”
And SB 714 allows a teacher with National Board of Professional Standards (NBPTS) certification to keep the additional money if they accept an administrative position.
All of these bills were either a committee substitute or had at least one amendment.
House passes four bills
In the House, all the bills up for consideration passed. They were House Bills 4117, HB 4131, HB 4368, and HB4130.
I had mentioned that HB4368 was substantially changed from the introduced bill. It adds a bus driver to the Local School Improvement Council, deletes the committee for oversight of discipline at the school level, deletes the requirement that the county board hold two community meetings about discipline, and adds to the LSIC the responsibility to examine student discipline at the school and report its findings to the county superintendent.
In the bill remains the Bill of Rights and Responsibilities for Teachers and School Personnel.
The bill requires that a student who has been excluded from the classroom, school or school bus a second time in a single semester for disruptive behavior, subsequent offenses may be punished by transferring the student to an alternative setting.
‘Three big bills’
Both Houses are working hard to get out the bills so they can finish the business of passing the bills in a timely fashion. The big three issues that I see for education are still alive: salary increases in the Senate; the Formula Bill in House Finance, and the bill to allow educators in the "new" retirement system (defined contribution) to opt to enter the "old" (defined benefit) system.
The sticking point is the payment of those who wish to change of the difference between the 4.5 percent they have been contributing versus the 6 percent they would have paid if they had always been in the defined benefit system.
There is also the question of potential earnings that their investments would have produced. Watch for more on this issue soon.
I hope that many of you take the time to attend the West Virginia School Board Association conference this week. The program looks good and it is always a good thing to talk to your Legislators.
Don't let them forget that you vote and influence others to vote!
Dean is West Virginia Association of School Administrators Executive Director
WVSBA Briefs
Winter conference program details finalized; Executive Board session and FY09 Annual Business Meeting scheduled for Feb. 21 and Feb. 23, respectively
The West Virginia School Board Association (WVSBA) Executive Board will meet at 7 p.m., Thursday, Feb. 21. The session will be at Charleston’s Town Center Marriott Hotel in conjunction with WVSBA 2008 Winter Conference. Association President Sally Cann (Harrison) will preside.
The Executive Board, in its first meeting of the year, will discuss the 2008 regular legislative session, will review programming and planning for FY09, including next fiscal year’s budget, and will receive a report from WVSBA’s Executive Officers’ Nominating Committee, headed by Pete Dougherty (Jefferson).
Dougherty said deadline for applying for positions is 4 p.m. Feb. 20. He said members received several notifications of that deadline including information about the application process. Positions to be filled are president, president-elect, vice president and financial officer.
Executive director’s contract
In other matters, the board is likely to appoint a subcommittee to review the executive director’s employment contract which expires June 30, 2008, unless renewed by the Executive Board.
Howard M. O’Cull, Ed.D., has served as executive director since 1985. His last contract was approved in 2007. Association policy allows the executive director to enter in to a one- or two-year contract which, upon agreement by both parties, may be renewed.
Agenda available/open meeting
A copy of the Executive Board agenda is available by contacting Shirley Davidson, WVSBA administrative assistant. E-mail is preferred: sdavidson@wvsba.org
The Executive Board meeting is open to county board members, county superintendents and others who wish to attend. “It’s been the long practice of this organization that any association meeting is an open meeting. We welcome any association member to attend,” O’Cull said.
FY09 Annual Business Meeting
He said the same philosophy applies to the FY09 Annual Business Meeting (ABM) Feb. 23.
Delegate registration starts at 7:50 a.m., followed by the meeting at 8 a.m.
During that session, delegates will consider the FY09 operating budget, attend to matters which arise from the previously-convened WVSBA Executive Board meeting and election of regional and associate regional officers as well as executive officers. Each county is permitted one voting delegate. Regional officers will be elected in caucuses.
Conference programming
WVSBA 2008 Conference programming begins with Capitol visitations Friday morning, Feb. 22. A bus will take members to the Statehouse at 8:45 a.m., returning at noon. The conference itself starts at 1 p.m.
West Virginia First Lady Gayle Manchin is the keynote speaker. Her remarks will be followed by a town hall session regarding state school aid funding and Public School Support Program (PSSP) changes proposed for legislative enactment this year, especially House Bill 4588. That bill has been reviewed extensively in past issues of The Legislature electronic newsletter. The West Virginia Legislature bill reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4588%20intr.htm Adopted Feb. 15 by House Education Committee, the bill has been referred to House Finance Committee.
“Town hall meeting”
“Working with our officers, we decided to try a different approach,“ O’Cull said. “At the WVSBA Fall Conference, there were concerns members didn’t have time to express themselves because of a ‘written-questions’ format. We’re having a town hall style meeting instead. A panel originally was planned, but the town hall meetings allow members more time to make their thoughts known once presenters have provided context.”
O’Cull is referring to opening presentations by Marshall University researcher Calvin A. “Cal” Kent, Ph.D. and Joe Panetta. Dr. Kent has been instrumental in promoting “backdrop development” of House Education Committee’s proposed PSSP plan. Panetta is executive director of the state Department of Education’s Office of School Finance. Kent is vice president of business and economic research for MU’s Center for Business and Economic Research.
Copies of the latest PSSP information as prepared by Panetta’s Office will be distributed at the meeting. That information is posted on WVSBA’s Website – www.wvsba.org
Saturday programming
Saturday, Feb. 23, programming will feature a general session relating to school health and nutrition. Association President Cann will make a presentation at that session along with West Virginia Board of Education member Barbara Fish (Wood).
The conference will conclude with a discussion about a recent West Virginia Ethics Commission opinion concerning how public entities are to consider input from delegations. Presenters will include Howard Seufer Jr., association counsel, and Lew Brewer, WVEC executive director. A copy of that opinion will be mailed before the conference so members can prepare for the session.
The program adjourns at noon.
Agenda for W. Va. School Board Association Winter Conference Feb. 22-23, 2008, Marriott Town Center Hotel - Charleston
| 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 Presiding: Sally Cann (Harrison), WVSBA President |
| 1:45 PM | Refreshment Break |
| 2:00 PM | “The School Aid Formula: Past, Present, Future Considerations” Joe Panetta, Executive Director Office of School Finance, W. Va. Department of Education
Four floor microphones will be available from which to make your comments. |
| 4:15 PM | Adjournment |
| 4:20 PM | Presentation of Candidates for WVSBA Executive Offices Mr. Peter H. Dougherty (Jefferson), Presiding, with |
| 7:00 PM | Participant Discussions
|
| Saturday, Feb. 23 | |
| 7:00 AM | Breakfest |
| 7:50 AM | Registration of Voting Delegates |
| 8:00 AM | Annual Business Meeting |
| 9:00 AM | West Virginia Board of Education Nutrition Policies/School Health Policies |
| 10:00 AM | Refreshment Break |
| 10:15 AM | Presentation by Audra Blackwell, Office of the state Treasurer |
| 10:30 AM | West Virginia Ethics Commission Rulings Regarding “Delegations”/Meetings Management |
| Noon | Adjournment |
West Virginia School Board Association 2008 Meetings Schedule
WVSBA Winter Conference
Feb. 22-23
Marriott Hotel, Charleston
WVSBA Orientation ’08
June 16-18
Waterfront Place Hotel, Morgantown
WVSBA Presidents Retreat '08
July 18-19
Glade Springs Resort, Daniels
WVSBA Fall Conference
Sept. 12-13
Marriott Hotel, Charleston
WVSBA November Workshop ‘08
November 1
Stonewall Resort, Roanoke
Applications being received for Upshur superintendent position
Applications for the position of Upshur County Schools must be received by 4 p.m., Feb. 29, 2008, according to Lance Koury, Upshur County Board of Education president.
More information regarding the vacancy is posted on the West Virginia School Board Association Website home page. The listing is included under “Job Postings” with a link to the Upshur “Notice of Position Vacancy.”
Applicants should include a letter expressing interest in the position, a resume´, and no more than three letters of recommendation. The application envelope should be marked "Superintendent's Application" and mailed to the address below or submitted electronically to lance@cebridge.net.
Mail To:
Mr. Lance Koury, board president
P. O. Box 110
Buckhannon, WV 26201
Commentary
Editor’s Note: House Bill 4588, House Education’s Public School Support Program (PSSP) legislation, proposes an additional 10 percent increase in the percentage of reimbursement county boards would receive if using alternative fuels for their transportation fleets.
State Code §18-9A-7 permits county boards to receive credit for use of “alternative fuels such as compressed natural gas or other acceptable alternative fuel for the operation of all or any portion of its school bus system.”
According to state Department of Education officials, the statutory term “alternative fuels” is not defined, although the above law provides some detail.
One of the most frequent alternative fuels is biodiesel which is a diesel replacement fuel that is manufactured from vegetable oils, recycled cooking greases or oils, or animal fats.
Biodiesel is a recognized alternative fuel under the Energy Policy Act of 1992 (EPAct) as amended in 1996.
The following commentary examines the “greenness” of biodiesel and alternative fuels.
Are biofuels a good idea? They’re not as “green” as you might think
By Vickie Wolfe
As we struggle with climate change, high gasoline prices and limited supply of oil, much more attention is being directed at biofuels -- motor fuels produced from plants, algae or used cooking oil. The federal energy bill passed in December mandated production of 36 billion gallons of biofuels annually by 2022, compared with about 7.5 billion gallons today.
According to The Washington Post, the European Union's Transport Ministry proposed in January a directive calling on member countries to power 10 percent of their transportation with biofuels. Are they really “greener”? Let us consider them individually.
Ethanol produced from corn or sugar cane is, hands down, a bad idea and last thing government should do is subsidize these fuels. For starters, energy yield of corn-based ethanol is very low. Only about 11 calories of usable fuel is produced for every 10 calories of energy invested. Costs of food products will increase as the greater proportion of these crops are used for fuel. A great deal of fossil fuel must be expended to produce fertilizers to grow corn or sugar cane. Further, fertilizers and other agricultural chemicals are the largest source of water pollution in the U.S. -- i.e., runoff from farm fields which falls in the category of "non-point source" water pollution.
A study published two years ago in the journal BioScience examines quantitatively factors that should be weighed when ethanol derived from either corn or sugar cane is considered for use as a fuel. The study is accessible online at http://www.wilsoncenter.org/news/docs/ethanol%20as%20a%20fuel.pdf
The most important fact cited in the article is that overall "ecological footprint" of ethanol derived from either corn or sugar cane is greater than that of gasoline. Even the amount of carbon dioxide released is greater when ethanol is substituted for gasoline. This is because of the electricity expended to clean up the biological oxygen demand (BOD) from distillery wastes assuming the electricity is derived from fossil fuels, which is usually the case.
Energy content of ethanol is lower than for gasoline. This means more ethanol is used to travel the same distance. Between corn and sugar cane, the latter is the lesser evil because of its smaller overall ecological footprint and because per-acre yield of ethanol from sugar cane is more than twice that from corn. Less land area is required.
According to Reuters British news agency, if the United States’ entire corn crop was converted to ethanol, only 12 percent of gasoline use would be offset. This does not include energy required to produce that ethanol in the first place.
Other public health considerations relate to ethanol. According to a study published last April in the journal Environmental Science and Technology, ". . . E85 percent ethanol fuel and 15 percent gasoline may increase ozone-related mortality, hospitalization and asthma by about 9 percent in Los Angeles and 4 percent in the United States as a whole relative to 100 percent gasoline. . . . Due to its ozone effects, future E85 may be a greater overall public health risk than gasoline. . . Unburned ethanol emissions from E85 may result in a global-scale source of acetaldehyde larger than that of direct emissions."
Are there any biofuels better choices than gasoline? The answer is yes. Biodiesel made from waste cooking oil is an excellent use of a substance that otherwise would be discarded. Secondly, aside from public health considerations, cellulosic ethanol is a relatively benign biofuel. This type of ethanol is derived from plant wastes such as corn stalks and wheat straw or from perennial grasses that can be harvested without plowing under existing plant species that sequester carbon…
What about biodiesel being used in some West Virginia school buses? According to a recent issue of Co-op America Quarterly, 100 percent biodiesel outperforms just about every other fuel available when it comes to global warming emissions, even when soybean production is factored in. Biodiesel is biodegradable and is considered by EPA to be nontoxic
There is, however, an elephant in the room we should consider when thinking about replacing petroleum fuels with almost any biofuels. Prices for some agricultural products already are rising because of the crop land being used to produce biofuels. That is only the tip of the iceberg. A study published in the Feb.8 issue of the journal Science asserts greenhouse gases released when forest or grasslands are cleared to grow biofuel crops results in a greater negative effect on climate than petroleum fuel it replaces.
Are there any biofuels better choices than gasoline? The answer is yes. Biodiesel made from waste cooking oil is an excellent use of a substance that otherwise would be discarded. Secondly, aside from public health considerations, cellulosic ethanol is a relatively benign biofuel. This type of ethanol is derived from plant wastes such as corn stalks and wheat straw or from perennial grasses that can be harvested without plowing under existing plant species that sequester carbon. Cellulosic ethanol also requires less energy to produce than corn ethanol and will not increase the price of food crops. The bad news, however, is while a great deal of corn ethanol already is being produced — due largely to influence from the farm lobby -- the infrastructure for producing cellulosic ethanol is still in its infancy.
The best option for transportation is plug-in hybrid vehicles (PHEVs), which can travel up to 40 miles on a charge. After 40 miles, the vehicle is powered by gasoline. Even if the electricity is derived 100 percent from coal (which is not the case in most states outside West Virginia), greenhouse gas emissions of PHEVs are lower than conventional cars because the internal combustion engine is so inefficient. General Motors has a PHEV called the Volt scheduled to debut in 2010. Others may be available sooner.
Vickie Wolfe has a master's in degree in environmental health and Ph.D. in environmental science. She has taught biology full time at Marshall University-Huntington for the past three academic years. She is a lobbyist for the West Virginia Environmental Council.
ETC.
Meanwhile...in California - School promotes "Cancel-a-Car" coupon
Third-grade teacher Debbie Robles made her acting debut before a packed auditorium of youngsters at Rancho Elementary School in Novato, Calif. She bombed.
Playing the villain in a school assembly aimed at educating students about global warming, Robles -- dressed in witch's black attire and prancing around the auditorium as "Queen Carbon" -- drew the biggest response from more than 500 students who attended two "Curb Your Carbon" assemblies.
"My own daughter Hannah asked me, 'Do you have to be my mother today?' " Robles said.
Teachers, parents and volunteers helped organize the assemblies and participated in skits to help raise awareness about global warming and what people can do about it -- exchanging traditional light bulbs for compact fluorescent bulbs, for example.
School officials distributed more than 500 of the bulbs.
Rancho students also were given bilingual "Cancel-a-Car" coupon books filled with ways they can fight global warming. Once the coupons are returned to school, teachers will track what conservation efforts are made and the date. Teachers will help monitor progress. As the carbon reduction increases, images of cars will be crossed out on a giant poster at school.
The program is being financed by a $200 donation from the Earth Day Every Day Fund of the Marin Community Foundation. Three nonprofits -- the Marin Conservation Corps, Strategic Energy Innovations and Cool the Earth -- are implementing the program and hope to introduce it to 25 Marin schools by the end of the year.
More information is available www.curbyourcarbonmarin.org or www.cancelacar.org. More information about the county's efforts is available at www.marinsustainability.org
-- Source: Marin Independent Journal (www.marinij.com) Nov. 11, 2007.
Wisdom
The righteousness of the upright will deliver them, but the unfaithful will be taken by their own lust.
-- Proverbs 11:6 (New King James Version)
Soundbites
“I guess people like to hear my voice for whatever reason. Which I guess is fine. I don’t have a problem with it. Sometimes I have been accused of sounding like Jimmy Stewart.” – Del. Lynwood “Woody” Ireland, R-Ritchie, discussing his distinctive gruff voice tone. Ireland, a farmer, landowner and auctioneer, is a member of House Education Committee and is known for asking probing questions. He is a first term delegate.
“We punted.” – Kanawha County Del. Patrick Lane discussing the governor’s proposed legislation that ties driver’s license acquisition and renewal to good conduct based on state Board of Education definitions regarding students satisfactorily progressing toward graduation. Lane thinks the Legislature should interpret that standard – not the state Department of Education.
“It’s not mandatory for the students to take, but it’s mandatory for it to be offered.” – Sen. Billy Wayne Bailey, D-Wyoming, discussing Senate Bill 9 which establishes a hunter safety orientation program in public schools. He is a bill co-sponsor along with Sen. Shirley Love, D-Fayette.
“This is a very significant investment in the future. It’s actually a better model than in Kentucky.” – Marshall University President Stephen Kopp discussing the governor’s West Virginia Research Trust Fund which would be matched with private donations to aid in development of a greater research focus at Marshall University and West Virginia University.
Last Word
Editor’s Note: House of Delegates legislation which addresses a plan for members of the Teachers Defined Contribution System (TDC) to become part of the state Teachers Retirement System (TRS) advanced this week. This column explores some of the background to this issue, especially some policy considerations.
Blame for failings of retirement system rests with both state and retirees
By Hoppy Kercheval
The State of West Virginia faces a fiscal and ethical quandary over a failed retirement program for public school teachers and service workers.
At issue is the question of whether taxpayers should put up millions of dollars to bail out the defined contribution teachers retirement program (and its 19,000 members).
This story begins in 1991. The original teachers retirement program was hemorrhaging money because the state failed for years to make its contribution. Gov. Gaston Caperton and the Legislature created a new retirement program.
This new program would operate like a 401(k) with employees and the state each putting in their share and the employee — in theory — controlled in the investments. In the old plan — a defined benefit plan — each still put in a share, but the state predetermined what benefit would be paid when the employee retired.
The new plan seemed like a good idea at the time. But teachers and service workers were given limited investment options and very little guidance. One company, Variable Annuity Life Insurance Co., hired former school administrators to go to schools to sign up workers.
Most employees ended up in fixed rate annuities and other low return investments, rather than growth funds. As a result, retirement accounts of thousands of teachers and service workers have grown so slowly workers won’t be able to afford to retire.
Eventually, more investment options were opened and some in the new plan have done well, but others who hung their hopes on low interest earning options are left with little to show for investments.
Gov. Joe Manchin and the Legislature agree in principle that employees in the new plan should be allowed back into the old plan, but there are substantial differences in their approaches.
Manchin says employees who transfer their money back into the old fund should be credited with 75 percent of whatever the defined benefit would be. But they’ll have to pay some out of their pockets to be fully vested. That amount ranges from a couple thousand dollars to as much as $40,000 for a few.
Under the governor’s plan, the state puts in no money. Manchin has been a good steward of the state’s finances — paying down the state’s debts by $1.7 billion — and he doesn’t want to take surplus money now for a retirement bailout.
The House of Delegates plan makes the employees whole by adding in $78 million of taxpayer dollars.
So, here, I believe, is the fundamental question: How much responsibility, if any, does the state (thus the taxpayer) have for creating a plan back in 1991 that was ill conceived?
The history suggests the state has culpability here. Teachers and service workers were herded into poor to marginal investment plans that had little chance of producing enough money for retirement, all with the imprimatur of the state of West Virginia.
Yes, it’s arguable employees could have/should have taken more responsibility for their investments. Some did, often with the advice of outside brokers, and they’ve done well.
Many others simply stuck with the original pitches made by trusted former education officials. Do those employees share part of the blame for the miniscule growth of their retirement accounts? Yes.
But the state, through its elected officials, also bears part of the responsibility for putting those workers in a position to fail.
Source: Feb. 14 Hoppy Kercheval of MetroNews
*
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”