News

Governor cites school safety plans as important legislation

Matching money among issues relating to passage of bill

 

Citing what he referred to as several accomplishments of his administration in terms of public elementary and secondary education, Gov. Joe Manchin Thursday urged county schools superintendents and school administrators to embrace his school safety measure relating to school ingress and egress. He spoke at the “School Access Safety” meeting held at the Charleston Town Center Marriott Hotel.

           
The legislation included in Senate Bill 67 has been referred to the Senate Finance Committee. If approved by the committee the bill will be on second reading (amendment stage). The companion House measure is House Bill 2288.

 

Modified bill

           
The SEC bill approved earlier in the week is a modified version of the governor’s bill relating to school safety. The bill was amended to remove a provision in the original legislation submitted by the governor which required county school boards to provide a 25 percent match to draw down grant moneys for use in beefing up school ingress and egress security.
           
While not alluding to the SEC action, Manchin told county superintendents and board members Thursday he sees the match requirement as a local “prioritizing” commitment to school safety.
           
Sen. Jon Blair Hunter, D-Monongalia, made the motion to remove the 25 percent match provision. Vote on the amendment was tied, with Senate Education Committee Chairman Bob Plymale, D-Wayne, breaking the tie in favor of removing the match requirement.

“I don’t think school safety should be based on schools that can afford it and schools that can’t,” Hunter said.

In discussing the governor’s version with Senate Education members, School Building Authority Executive Director Mark Manchin, Ed.D., said counties would be able to find the funds as this being budgetary prioritization. He said as former county superintendent in two of the state’s smallest counties, he would have found the dollars because safety of students must be a foremost concern.

           
Most session observers predicted legislators would remove the 25 percent match requirement because county boards and constituents would view it as an unfunded mandate – or, as stated by some House Education Committee members, an “under-funded mandate.”

In discussing the governor’s version with Senate Education members, School Building Authority Executive Director Mark Manchin, Ed.D., said counties would be able to find the funds as this being budgetary prioritization. He said as former county superintendent in two of the state’s smallest counties, he would have found the dollars because safety of students must be a foremost concern.

25 percent match

The Senate Committee substitute bill would have allowed in the 25 percent match, county boards to have “in-kind” considerations for security detail and work done in the previous fiscal year. Also, federal Drug-free and Safe Schools moneys would have been available to help secure the match.

M. Manchin also told SEC members federal Safe and Drug Free Schools dollars might have provided up to 20 percent of the match.
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While SEC members did not question to bill’s purpose or intent, there was some concern over whether the process outlined by the governor’s proposal was “too bureaucratic” – a point made by Sen. Vic Sprouse, R-Kanawha.
           
M. Manchin, in answer to that inquiry, said future Comprehensive Educational Facilities Plans (CEFPs) must include safety components and that boards, through SBA procedures and guidance, are used to working with CEFP documents and language.
           
Sen. Mike Hall, R-Putnam, inquired as to why newly-constructed buildings do not have security detail and why provisions have to be made later for “retro-fitting” buildings.
           
M. Manchin said future CEFPs will have to include safety components, pointing out provisions that affect new schools. New school buildings designed and constructed by county boards with use of School Building Authority funds are to be designed and constructed in compliance with school access safety guidelines established by the authority, he said.

The SBA Executive Director added that the Authority must promulgate rules that establish standards for school access safety. He said the rules must require boards submit all new school designs to the authority for approval before preparation of the final bid documents.

 

‘Under-funded’ mandate

The House has yet to act on the governor’s legislation, although the House participated in a public hearing regarding the matter. Some House Education Committee members, particularly Del. Richard Browning, D-Wyoming, argued the bill as introduced was an unfunded mandate. While the HEC leadership has not publicly weighed in on that aspect of the legislation, several sources say HEC members were prepared to remove the match requirement. The bill has been referred to the Senate Finance Committee.

 

SASA guidelines
           
In establishing the School Access Safety Act, the bill would require the SBA to establish guidelines for school access safety plans and school access safety projects that address at least the following:

1. All necessary elements of the school access safety plan.
2. The manner, timelines and process for the submission of each school access safety plan and annual plan updates to the SBA, including guidelines for changes to an approved plan.
3. Any project specifications and maintenance specifications considered appropriate by the School Building Authority.
4. Procedures for a county board to submit a preliminary plan, a plan outline or a proposal for a plan to the authority prior to the submission of the school access safety plan.
5. Procedures for notifying county boards of the amount available for allocation and distribution during each fiscal year.

 

School safety evaluation

The SBA is required to establish guidelines for evaluating school access safety plans and school access safety projects that are submitted to the authority must address at least the following:

1. Whether a proposed school access safety project advances the school access safety plan and is in compliance with SBA guidelines.
2. How the school access safety plan and any school access safety project will ensure the prudent and resourceful expenditure of state funds and achieve the purposes of the act.
3. Whether the school access safety plan and school access safety projects advance student health and safety needs.
4. Regularly scheduled preventive maintenance.

 

The authority also would be required to establish guidelines and procedures for the allocation of funds. The bill also requires the West Virginia Department of Education (WVDE) in cooperation with the authority to conduct on-site inspections at least annually of all facilities that have received moneys from the SBA for security to ensure compliance a the county board’s school access safety plan.

WVDE is required to submit reports on the on-site inspection to the SBA within 30 days of completion of the on-site inspection.

By March 1 each year, the SBA is required to determine the amount of moneys available in the fund for distribution to county boards during the then fiscal year with moneys to be allocated on a per pupil bases. The SBA would be required to promptly notify each county board of the amount available for distribution.

 

SASA Plan

The bill also requires county boards seeking funding for school access safety projects to submit a school access safety plan or an annual plan update to the SBA. The school access safety plan is to include a county-wide inventory of each school facility’s means of ingress and egress for pupils, school employees, parents, visitors and emergency personnel.  This inventory must include:

1. Number of controlled points of ingress to the school.
2. Number and location of exterior doors.
3. Monitoring systems on exterior doors.
4. Timed magnetic or other locks on exterior doors.
5. Two-way communication systems between points of ingress and school personnel.
6. Panic or other alarm hardware on exterior doors.
7. Remote visitor access systems on points of ingress.
8. Recommendations and guidelines developed by county-wide council on productive and safe schools together with the county board’s assessment of the recommendations and guidelines.
9. Recommendations for the effective communication and coordination between school facilities, local law-enforcement agencies and local emergency services agencies.
10. Status of school crime committed on school campuses and at school-related functions.
11. School access safety repair and renovation schedule for all school facilities in a county.
12. A priority list for each project in the plan, including costs.
13. An evaluation of how the plan addresses goals of the act and SBA guidelines.
14. Notation of the amount available for allocation and distribution to the county board.
15. A description of sources for local funds a county board intends to contribute to the funding of school access safety projects to satisfy the local contribution requirements.
16. Any other element, including project and maintenance specifications considered appropriate by the SBA in accordance with the act.

 

The bill also establishes a special “School Access Safety Fund.” It includes other provisions relating to the fund such as the requirement that all funds accruing to the SBA be deposited into the fund and expended in accordance with the act.

By March 1 each year, the SBA is required to determine the amount of moneys available in the fund for distribution to county boards during the then fiscal year with moneys to be allocated on a per pupil bases. The SBA would be required to promptly notify each county board of the amount available for distribution.

No moneys may be distributed to any county board unless the board has a school access safety plan approved by the SBA and is prepared to spend funds during the fiscal year the funds are distributed. Any county board failing to expend money within one year of the allocation would forfeit the allocation and be ineligible for further allocations until the county board is ready to expend its school security funds. The SBA could authorize a six-month extension for expending the funds.

 

No moneys may be distributed to any county board unless the board has a school access safety plan approved by the SBA and is prepared to spend funds during the fiscal year the funds are distributed. Any county board failing to expend money within one year of the allocation would forfeit the allocation and be ineligible for further allocations until the county board is ready to expend its school security funds. The SBA could authorize a six-month extension for expending the funds.

Governor Manchin said at the Thursday meeting that despite possible “constitutional protections and separation, we’re all in it together,” a possible reference to what some see as an effort by the WVBE to exert educational policy primacy, although he said his office was “working well” with the WVBE and state Department of Education.

The governor said education and education policy should not be considered in terms of “silos,” calling for a seamless approach to education policy.   In terms of school aid formula reform, the goveror said, “We want you all to have more money” – a possible reference to some teacher union requests to have as much as 50 percent or more of local share increases dedicated to teacher salaries.

 

"Baby Steps" grievance bill on Third Reading today

 

Senate Bill 442, a measure which overhauls, the state’s grievance procedures for school employees and state workers is up for passage in the state Senate today.

The Senate Finance Committee amended the bill Tuesday to include several technical amendments and stylistic changes, although most bill provisions – as reported from the Senate Government Organization Committee Feb. 12 – remain intact.

 

‘Baby steps’

Bill sponsors and supporters say the measure is akin to taking “baby steps” to more comprehensive grievance reform – a point made in the Tuesday SFC meeting by Sen. Ed Bowman, D-Hancock, chairman of the Senate Government Organization Committee.

Bill sponsors and supporters say the measure is akin to taking “baby steps” to more comprehensive grievance reform – a point made in the Tuesday SFC meeting by Sen. Ed Bowman, D-Hancock, chairman of the Senate Government Organization Committee.

In answer to committee questions, Bowman said a Senate/House Government Organization Committee had been reviewing the grievance process for about three years, with the advent this year of a panel appointed by the governor to study the procedure.

Based on that panel’s work, which was endorsed by the joint Government Organization Committee in December, Senate Bill 442 will streamline the grievance process by eliminating “2.5 steps” in the current procedure used by county board employees, according to Noelle Starek Senate Government Committee counsel.

She pointed out, as did SFC counsel, that the revised process would eliminate discussions with immediate supervisors – previous Level I-  remove county boards from the process (current level III), add an alternative dispute resolution level, provide a grievant to proceed to new Level III which would include Administrative Law Judges (ALJs), and remake the grievance board to include a five-member panel appointed by the governor.

Members of that panel would include representatives of various interests, although the panel includes no county board or superintendent representative per se. Instead, the legislation would allow the governor to appoint either a higher education representative or a representative of secondary school “employers.”

 

Wayne County Board suggestions

Sen. Bob Plymale, D-Wayne, suggested that members of the Wayne County Board of Education, through counsel David Lycan, had presented various concerns about the legislation, specifically regarding witnesses, timelines and hearings, according to Plymale’s comments.

Starek said she tried incorporating some of the changes in the bill, but that many of suggestions could be handled in rule-making.

The measure is expected to easily clear the Senate, but its fate in the House of Delegates becomes less clear.

The measure is expected to easily clear the Senate, but its fate in the House of Delegates becomes less clear.

The House Government Organization Committee, unlike the Senate Committee, is “relatively new.”

 

Legal fees

Additionally, Del. Dale Martin, D-Putnam, who served as co-chairman of the governor’s panel, has introduced legislation that would disallow county boards to employee attorneys to represent the board in grievances.

The HGO, headed by Del. Jim Morgan, D-Cabell, may consider these provisions more seriously than the Senate did, according to Howard M. O’Cull, Ed.D., West Virginia School Board Association Executive Director.

Del. Dale Martin, D-Putnam, in particular, has considerable concern about the cost of attorneys in the grievance process – to the point that he and the House Majority Whip, Del. Mike Caputo, D-Marion, introduced House Bill 2327 early in the session.

“Del. Martin, in particular, has considerable concern about the cost of attorneys in the grievance process – to the point that he and the House Majority Whip, Del. Mike Caputo, D-Marion, introduced House Bill 2327 early in the session,” said O’Cull.

“Many of the issues discussed during the governor’s working group meetings dealt with state employees’ concerns,” said O’Cull.

“The grievance cost figures were based on a study of legal fees conducted by the West Virginia Federation of Teachers. This is the only information we have to go on, and AFT got this through a Freedom of Information (FOIA) request.”

Based on the AFT study, county boards spent $2.7 million alone in one recent year relative to grievances.

In addition to structure, Senate Bill 442 attempts to narrow the reasons for which grievances may be filed, seeks to clarify existing law concerning matters which may be “grieved,” and makes other changes aimed at speeding the process, according to both Senate Finance and Senate Government Organization counsels.

To review the bill, refer to http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB442%20SUB2.htm

House Bill 2862 is the House companion to the original Senate Bill 442.

 

Teacher pay proposal up for vote today in House of Delegates

Legislation provides 3.5 percent pay raises to edcuators

 

Legislation to give 3.5 percent pay raises to public school teachers, administrators and school service personnel (HB2777) is on third reading in the House of Delegates today, after having advanced from the House Education Committee Tuesday.

Tuesday’s HFC meeting included discussions regarding whether teachers should receive an across-the-board hike. Backers of the across-the-board raise argued that it would help younger teachers and school employees who are struggling at the low end of pay scales.

“A gallon of milk costs the same, whether you make $10,000 or $40, 000,”  Del. Doug Stalnaker, D-Lewis, contended.
           
With the current $50 million budgeted for the public school employees pay increase, an across-the-board raise would work out to about a $1,300 increase for all teachers and administrators. A 3.5 percent raise would range from a minimum of $887 for a beginning teacher with a bachelor’s degree to $1,671 for someone at the top of the scale with a doctorate and 35 years of experience.
           
In proposing the across-the-board alternative, Del. Mitch Carmichael, R-Jackson, argued, “There’s only a $300 reduction at the high end of the raises, but a $500 increase at the low end.”
           
The committee voted to approve the 3.5 percent increase instead, after House Education Chairwoman Mary Poling, D-Barbour, said the primary goal of the raise is to help public schools retain their more experienced teachers. “It flies in the face that [advanced] degree and experience ... shouldn’t qualify you for better benefits,” she said.
           
Likewise, Del. Tom Campbell, D-Greenbrier, said the Legislature should encourage veteran teachers to stay on the job as long as possible — to help ease the huge unfunded liabilities in the teachers’ pension funds.
           
Representatives of both major state teachers’ unions called Tuesday’s action a good start, but stressed that they believe larger pay hikes are needed.

Initially, Gov. Joe Manchin proposed a 2.5 percent pay raise for educators and a one-time “bonus” for state employees and school service personnel. Manchin, however, was quoted by The Associated Press Monday as saying he now supports an equal increase for state employees and school service personnel as teachers, and indicated he does not object to a 3.5 percent increase if lawmakers can find adequate funding.

Several legislative observers say this may have been the gubernatorial “tactic” or “strategy” all along, meaning legislators would have to find the additional revenues for teacher pay hikes amounting to more than 2.5 percent.

Sources: The Charleston Gazette, Charleston Daily Mail, MetroNews, WVSBA reporting.

 

Several measures adopted by Senate Education Committee

Legislation covers wide range of important schools issues

 

These are among bills adopted by the Senate Education Committee this week.

Senate Bill 95. This bill requires instructional aides to remain in their placement for the instructional term when serving students identified with exceptionalities in that staff changes would be considered disruptive to the students’ emotional and/or psychological well-being. 
     

The responsibility for making this determination would lie with county educators in consultation with parents, teachers, administrators and other members of the Student Assessment Team.

T hese aides can apply for another position during the instructional term, but the transfer would not take effect until after the current instructional term.   The bill also gives hiring preference to aides who have completed autism training through programs offered by or approved by the West Virginia Department of Education.

 

Training

The committee amended the bill so that county boards would have to provide 12 hours training to teacher aides regarding providing services to children who have displayed violent behavior or have the potential for displaying violent behavior and an additional 12 hours training in providing services to children diagnosed as autistic or with autism spectrum disorder. 
           
Both types of training must occur during normal working hours and must qualify to meet the continuing education requirements for the teachers' aides. 
           
Training in providing services to children diagnosed as autistic or with autism spectrum disorder must be structured to permit an employee to qualify as an autism mentor after no less than four years of training.
           
In addition to providing notice of the training, county boards are required to reimburse any teachers aide who elects to attend the course for one-half of the cost of the tuition.

 

Other provisions

Other bill provisions would:

1. Prohibit an aide or autism mentor from transferring to another position in the county during an instructional term after the fifth day prior to the beginning of the instructional term unless the person does not have valid certification.
2. Allow an aide or autism mentor to apply for another position, but he or she must wait until the beginning of the next instructional term to assume the position. The only exception is if the superintendent determines that transferring before the next instructional term would be in the best interest of students.
3. Require the county superintendent to notify the state board of each transfer of a person employed in an aide or autism mentor position after the fifth day prior to the instructional term.
4. In terms of a bill finding, the legislation says that the Legislature determines that it is not in the best interest of the students with autism to have multiple teachers, mentors and/or aides during the instructional term.

Senate Bill 638. The primary purpose of this bill is to require the WVBE to establish requirements for college readiness and work readiness credentials that certify to colleges and employers that a student has demonstrated the proficiencies needed to be successful.

Additionally, the bill would eliminate provisions of current law relating to Certificate of Proficiency, the electronic portfolio, and require the WVBE to adopt a rule to implement statutory provisions.

A final bill section would eliminate the specific name (Jobs Through Education Employer Panel) of the advisory panel appointed by the governor to advise the state board and others in assuring that graduates are fully prepared for further education, training or gainful employment

Senate Bill 657, a related measure, would require the WVBE to incorporate 21st Century Skills Initiative into certain standards.

In order to accomplish this purpose, the bill would:

Change the name of electronic unified improvement plan to electronic strategic improvement plan.

• Require the state board to incorporate the state’s 21st Century Skills Initiative into its standards for student, school, and school system performance and processes, as applicable
• Direct the WVBE to promulgate a rule establishing a comprehensive statewide student assessment program to assess student performance and progress in grades 3-12.

Bus measure

Senate Bill 650 would require county boards to “establish, maintain and adhere to schedules for the transportation of students to and from elementary schools.”

It also prohibits a county board from creating a new bus route in the wake of a closure or consolidation of an existing school facility in which the one-way bus transportation time level exceeds 30 minutes. 

County boards, however, can requests waivers from the state Board of Education and School Building Authority of West Virginia.

If the time level estimates exceed the 30-minute limitation, the county board must vote to request a waiver to exceed the limitation prior to and separate from the vote to approve the facilities plan. 
           
Furthermore, the state board and SBA may not approve the facilities plan until it approves the requested waiver by a separate vote.

 

Governor’s bill pulled from agenda

The committee was to have considered Senate Bill 703, a measure that would have prohibited the SBA from funding new construction that would result in the bus travel times of students in grades pre-kindergarten through five to exceed 30 minutes.
           
That measure, however, was pulled from the agenda, with the committee concentrating on Senate Bill 650 – a move that prompted several Challenge West Virginia representatives to say the legislation, as adopted, is meaningless in that county boards can get waivers from the time requirements – a point also made by Sen. Donna J. Boley, R-Pleasants.
           
Sen. Mike Oliverio, D-Monongalia, however, said the waiver could be beneficial in cases where but just a few students attending a school would be “over” the timelines.

 

Ramey comments

Although Lincoln County Board of Education member Thomas Ramey, a CWV member, said he preferred passage of SB703, he told The Legislature, “If this bill passes local school board members will finally have the authority to stand with their constituents in saving and preserving small elementary schools. Current research is clear children achieve higher in small elementary schools and long bus rides can be detrimental to their future.”
           
Linda Martin, CWV executive director, told the committee that 120 or more elementary schools are on the “chopping block” in terms of current CEFPs which “expire” in 2010. “At this point, we’re just begging for any help we can get for our kids,” Martin said.
           
In making her remarks, Martin implored committee members to not abandon the ideals embodied in 703 which was introduced on behalf of the governor.
           

Elementary schools on “chopping block”

“Since the state will soon be implementing early childhood education programs this bill should prevent our three- and four-year-olds from enduring long bus rides. It keeps our smallest children in our communities and surrounded by people who care about them,” she said.

Jana Freeman, a CWV member and former Preston County educator, echoed Martin’s comments, saying, “for far too long our local boards of education have been forced to close and consolidate small community elementary schools in order to obtain funding from the School Building Authority.
           
“At last the state Board of Education and SBA will be held accountable for putting our smallest children in harms way if they grant waivers for long bus rides,” a reference to Senate Bill 650.
           
Hunter said he favored removing the wavier because, in talking with his great granddaughter, she said she like school but “didn’t like the long bus run.”
           
“I’m definitely voting in favor of the bill for my great granddaughter,” he said, adding that the current bill wording lacks standards or specifics as to waivers. Several members commented, however, that the WVBE and the authority would be responsible for drafting these standards, although the SEC counsel advised them the Legislature, as a result of a 1990 state Supreme Court case, could not modify or overturn WVBE polices.
           
The measure has been referred to the Senate Finance Committee.
           
The House Education Committee leadership reportedly had considerable reservations about the original gubernatorial proposal, according to various sources who spoke on condition of anonymity.

 

House committee passes measures relating to school service personnel

A number of bills dealing with education have been under consideration for several sessions

 

The House Education Committee this week adopted two bills relating to school service personnel, one of which – House Bill 2189 – makes extensive stylistic and technical revisions to §18-5-13, a section of State Code which authorizes county boards to engage in certain activities or operations.

The other measure, House Bill 2035, would add a new school service personnel classification of Bus Operator II.

In terms of House Bill 2189, the measure would clarify that substitute school service personnel accrue “substitute seniority” but do not accrue regular employee seniority or bidding rights during their employment as substitutes.

Bob Brown, West Virginia School Service Personnel executive director, said the primary intent of House Bill 2189 is to overturn a grievance decision made several years ago. Previous attempts to pass the legislation have failed due to the bill’s placement on the legislative agenda late in past sessions.

The substitute seniority measure has support of both WVSSPA members and county board and superintendent representatives, according to Howard M. O’Cull, Ed.D., West Virginia School Board Association executive director.

In addition to that provision, House Bill 2189 would:

• Allow schools to purchase items for student, teacher, parent or community recognition programs.
• Conform school bus safety requirements to those of federal law.
• Establish vehicle and driver safety requirements from using chartered buses.
• Allow county boards to lease school buses to nonprofit organizations for transporting students to fairs, festivals and other educational and cultural events -- a measure considered by the House for the past several years.
• Add a new school service personnel classification, “Licensed Practical Nurse” – a measure having support of the West Virginia Association of School Administrators, according to Martha Dean, Ed.D., WVASA executive director.
• Establish the beginning of the workday for bus operators and transportation aides as commencing at the designated beginning work station – a measure first introduced by Sen. Majority Leader H. Truman Chafin, D-Mingo.
• Allow county school service personnel to vote on giving priority for filling new positions at schools which are merged or consolidated.

The measure has been referred to the House Finance Committee.

House Bill 3045, the other service personnel bill, would create a new pay classification, Bus Operator II. These individuals would be defined as bus operators with 20 or more years’ service. They would be paid Pay Grade E, which is one Pay Grade higher than the current bus operator Pay Grade.

The measure, as amended by the committee, would change the Pay Grade for Sanitation Plant Operator from “F” to “G.”

It adds additional salary enhancements for National Institute for Automotive Service Excellence-certified (ASE) mechanics, including the chief, assistant, lubrication specialist and transportation supervisor.

The pay enhancements progress from an additional $10 per month for Level I Automotive Service Excellence Certification to $145 per month for Level VII ASE Certification.

Committee counsel David Mohr said it also includes amendments contained in HB2189 and HB2777, the latter being the House school employee pay measure.

House Bill 2189 sponsors include Dels. Mike Caputo, D-Marion; Brady Paxton, D-Putnam; David Perry, D-Fayette; Ron Fragale, D-Harrison, and House Education Chairwoman Mary Poling, D-Barbour.

House Bill 3045 sponsors include Dels. Kevin Craig, D-Cabell; Sammy Cann, D-Harrison; Harold Michael, D-Hardy Randy Swartzmiller, D-Hancock, and Del. Paxton.

Several of these provisions have been discussed in previous sessions.

Dean said county boards may incur some costs during the first year new classifications become effective, but will receive full reimbursement in subsequent years unless legislation specifies local funding as a means of revenue.

Other bills adopted by the HEC include:

• House Bill 2187. The purpose of this legislation is to provide payment of General Equivalency Degree examination fees from funds appropriated through the Higher Education Adult Part-time Student Grant program (HEAPS).

A committee amendment would allow the West Virginia Board of Education to pay the $50 fee for individuals taking the GED, based on several eligibility requirements, including successful completion of a GED preparation program and the GED Official Practice Test and registering for the GED examination with a GED testing center approved by the WVBE. Other bill provisions relate to WVBE payment of the fee directly to the GED testing center.

• House Bill 2558. Discussed by the Legislature for the past several years, the House version of this bill would grant the state’s chief technology officer the power to create a computer donation program, working in conjunction with the State Board of Education, the West Virginia Department of Education, Regional Education Service Agencies, the State Division of Corrections, Prison Industries, and private technology industries.

          
Under terms of the bill, the CTO would be authorized to create a program that utilizes prison and vocational school program students to refurbish the donated computers with software donated from private industries.
          
A second bill provision would allow state institutions of higher education to create a program for computer donation to education facilities, nonprofit organizations, juvenile detention centers, municipal and county public safety officers as well as other charitable or educational enterprises or organizations.
          
According to testimony received by the committee, only Marshall University and West Virginia University have current authorization to make these donations.

• House Bill 2796 would establish a deduction from taxpayers’ federal adjusted gross income to go to public colleges and universities in West Virginia or their foundations. The deduction amount would be limited to 50 percent of the contributor’s federal adjusted gross income.
• House Bill 2826 would include school psychologists and school nurses as school personnel who can receive salary supplements and reimbursement for achieving national board certification in their fields. Considered by the Legislature last year, the measure died in the House Finance Committee.
• House Bill 2836 would provide a one-year window from the bill’s effective date for public school employees or Teachers Retirement System retirees who were required to resign, take a leave of absence or otherwise be absent from work due to pregnancy before it became medically-necessary to purchase service credit for the time of the absence.

          
Del. Walter Duke, R-Berkeley, said “Individuals were harmed by these county board policies which existed in the 1960s and 1970s (regarding pregnant teachers)…The bill is to correct a past wrong.”
                       
While service can be purchased for more than one absence, no more than five years’ service can be purchased. The TRS member must have been a member of the system at the time of the absence and have earned a year of contributing service credit.
           
To receive the credit, the TRS member must provide a sworn, notarized statement that the school policy, practice or administration required the leaves of absence.

• House Bill 2842 would make some changes in legislation relating to sale of healthy beverages, including a provision when beverages can be sold, exceptions for the sale of soft drinks in lower grades and the addition of reduced or low-fat milk as a healthy beverage. Senate Education’s bill is SB745 also considered this week.

Del. David Perry, D-Fayette, was concerned about some of the bill language, saying schools, to some degree, depend on sales of beverages for financing some operations. He said he supported the measure, but added, “No one has the means to replace those dollars” which could be lost if there were an outright ban on selling beverages, including soft drinks.

• House Bill 2931 would allow for payment of tuition and fees for members of the National Guard enrolled in graduate study. The HEC voted to limit payment for graduate education to a single master’s degree per National Guard member.
• House Bill 2939 amends a 2005 statute relating to alternative education programs for certified teachers in order for them to receive additional endorsements primarily in the field of special education. (The statute was first adopted in 1990 and related to persons with degrees in fields other than public education.) The 2005 revisions require professional development to assist teachers to obtain the required content area specialization. In that regard, the programs are important to enable the state to meet the “highly qualified teacher” requirements included in the federal No Child Left Behind Act (NCLB), according to HEC Counsel David Mohr.

The bill as amended would require the WVBE to issue a rule from the approval and operation of another separate alternative certification program. Additionally, the measure would allow currently-certified teachers with additional endorsements, making them fully qualified to teach in subjects or grade levels not authorized under their regular certificates.
                 
The WVBE must report details on the rule to the Legislative Oversight Commission on Education Accountability by July 1 or shortly thereafter.
     
The measure had a second reference to the House Judiciary Committee, although it was waived. The committee deferred action on a measure, House Bill 2850, which would set standards for high school athletic directors. Following considerable discussion, members were concerned the bill didn’t “grandfather-in” existing personnel, requiring athletic directors and assistants to engage in some training courses. The motion to defer action was made by Del. Dave Pethel, D-Wetzel.

      For HEC action Thursday, refer to The Administrative Perspective.

 

Administrative Perspective

Accounting procedure changes becoming clearer

Activity in both houses of Legislature increases as time for action grows shorter

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

Feb.22, 2007

I would like to begin my comments this week by commending the West Virginia School Board Association for pursuing more information regarding Generally Accepted Accounting Principles and the Governmental Standards Board Statements 34 and 45. 
           
As I listened to presenters and to questions from the audience, I became more convinced  the level of understanding of the issue by the superintendents and school boards members is increasing with every opportunity of hearing more about the issues. 
           
All presenters were well-prepared and clear in their presentation of information to the audience. 
           
Further inquiries into the issues through the efforts of both organizations such as asking the attorney general for his interpretation of the Public Employees Insurance Agency liability for retirees and the request for an official declaration that the bill from PEIA is not expected to be paid by county boards are steps in the right direction. 
           
My understanding is that neither superintendents nor board members seek to be forgiven a debt that they are truly responsible for, but they don’t want to pay a bill they don’t owe.

           
This week has been extremely busy as both houses of the Legislature move forward to attempt to meet the deadline for bills to be passed by the house of origin. Both education committees in the House and Senate have conducted several meetings and have reported out a number of bills.

SB 541 declares the state has an interest in all counties doing their share financially to support their schools through a provision that emphasizes the current law that requires assessors to assess property at 60 percent of its true and actual value. Beginning in 2010, local share will be calculated as if the properties in the county are assessed at 60 percent.

Senate Education Committee began the week with an ambitious agenda. It was explained the agenda was for the entire week. Fortunately, members were able to get through the issues by the time the 5 p.m. meeting Tuesday was over. The most in-depth bill on the agenda was Senate Bill 541 relating to school finance. Perhaps Howard M. O’Cull, Ed.D., your executive director, and/or I have addressed some issues found in this bill in a previous issue of this newsletter, but I hope to give you a clear idea of the variety of issues addressed in the bill passed out of the Senate Education Committee Monday. It has a second reference to Finance Committee.

SB 541 declares the state has an interest in all counties doing their share financially to support their schools through a provision that emphasizes the current law that requires assessors to assess property at 60 percent of its true and actual value. Beginning in 2010, local share will be calculated as if the properties in the county are assessed at 60 percent.
             
The rapid increase in property values in some counties has reached the point that some property owners may not be able to comfortably pay an increase in taxes and, if necessary, a system of tax credit is established for those individuals whose annual property taxes are in excess of 2.5 percent of their annual income. 
           
They can apply for a tax credit or refund up to $1,000 per year. This tax credit is in addition to homestead exemptions for senior citizens and for people who make less money than 150 percent of the federal poverty level.

Property tax levy rates are frozen (in this bill) at the current level.
The bill defines “financially impacted county” as one which has had an increase in net enrollment of at least 100 students in three out of the past five years and the number of classrooms covered by highly qualified teachers is 93 percent or less in two of the last three years. 
           
These “financially impacted counties” will be allowed to keep 10 percent more of their local taxes than the other counties in the state. These funds must be used for county salary supplements.
             
To keep the extra tax money in the county, for the first two years the assessments must be a minimum of 95 percent of the 60 percent of actual value.

The Supreme Court decided that it was not permissible to use local taxes for libraries and also act as if the money was still available to the board of education by including the amount given to the libraries in the local share calculation. The bill makes provisions regarding this type of library funding.

             
This same provision (95 percent of 60 percent) would be required for the other counties to be able to keep a larger portion of their local tax receipts. The percentage is slated to drop from the current 98 percent to 94 percent in 2008 and to 90 percent in 2009 and each year thereafter.

Senate Bill 541 also addresses the issue of library funding that was previously derived from the regular school levies according to special acts of the Legislature.

The Supreme Court decided that it was not permissible to use local taxes for libraries and also act as if the money was still available to the board of education by including the amount given to the libraries in the local share calculation. The bill makes these provisions regarding this type of library funding:

1. The portion of school levy revenues exceeding local share that exist due to a county meeting the definition of a financially impacted county is dedicated to salaries and personnel except for central office administrators, pursuant to section two-A of this article, and, therefore, may not be used for meeting the library funding obligation;
2. No portion of the levy revenues required for local share may be used to satisfy the library obligation, and
3. If the library funding obligation is greater than the portion of the levy revenues from which this subsection requires the obligation to be paid from, the obligation created by the special act is reduced to the amount which is available from that portion, notwithstanding any provisions of the special act to the contrary.
4. Notwithstanding any provision of any special act set forth in subsection (i) of this section to the contrary, the county board of any county with a special act creating a library obligation out of the county's regular school levy revenues may transfer that library obligation so that it becomes an obligation of its excess levy revenues, subject to the following:
5. The library funding obligation shall remain an obligation of the regular school levy revenues until after the fiscal year in which a vote on an excess levy occurs;
6. The county board shall include the funding of the public library obligation in the same amount as its library funding obligation on its regular levy revenues as the purpose or one of the purposes for the excess levy to be voted on;
7. Regardless of whether the excess levy passes, effective the fiscal year after the fiscal year in which a vote on the excess levy occurs, a county's library obligation on its regular levy revenues is void notwithstanding any provision of the special acts set forth in subsection (i) of this section to the contrary; and
8. Nothing in subdivision (3) of this subsection prohibits a county board from funding its public library obligation voluntarily.

This bill has been in the works about two years. I would commend Senators Plymale and Edgell for their work during the years, as well as Dr. Calvin Kent from Marshall University, who assisted in the current draft. Also, Sen. John Unger, D-Berkeley, and his subcommittee have been hard at work during the session to try to smooth out the rough edges. Radical change is not easy and it takes time and hard work.
           
Other bills passed out of Senate Education Committee this week include Senate Bill 604, which merges Eastern Community and Technical College with Blue Ridge Community and Technical College. 
           
SB 657 provides for 21st Century Initiative Standards and Assessments. 
           
SB 95 would require county boards of education to make available 12 hours training for all regularly employed teachers’ aides regarding providing services to children who have displayed violent behavior. 
           
It also requires making available 12 hours of training in providing services to autistic children. This bill also prohibits an aide or autism mentor to transfer to another position after the fifth day prior to the beginning of the instructional term. 

One other bill originated in committee would regulate the sale and serving of beverages in public schools. It would change the definition of “healthy beverage” to only water, juice, and reduced fat or skim milk.

SB 67 relates to school access safety and would fund $10 million to be distributed by the School Board Association to the counties based on net enrollment and completion of required applications. 
           
One other bill originated in committee would regulate the sale and serving of beverages in public schools. It would change the definition of “healthy beverage” to only water, juice, and reduced fat or skim milk.

 

WVSBA Briefs

Association conference features "Great GASB discussion of 2007"

School board/superintendent relations workshop popular

 

Discussions regarding Governmental Accounting Standards Board Statements 34 and 45 dominated the West Virginia School Board Association Winter Conference programming Feb. 16-17 at Town Center Marriott Hotel, Charleston. A panel presentation related to what some county board members refer to as the “Great GASB discussion of 2007.”

“Based on program evaluations, our panel approach worked very well,” said WVSBA Executive Director Howard M. O’Cull, Ed.D. “There were some complaints the panel favored the West Virginia Department of Education, although, in my opinion, there was balance.”    

O’Cull said several conference evaluators were “concerned” because the state superintendent of schools did not appear to discuss GASB or proposed Department of Education regulations for special needs students.
               
In terms of other programming, the “Policy §2510 received high marks as did the participant led program Friday evening, according to O’Cull.
               
 Friday morning programming was well received -- particularly the board/superintendent relations workshop conducted by association counsel Howard E. Sefuer Jr. and the excess levy workshop conducted by WVSBA Vice President Steve Cook (Monongalia).
 
While the special education session generally received “good marks,” according to O’Cull, most members questioned why a WVDE representative was not present for a WVDE §Policy 2415 workshop.
 
               
“We were informed in advance that due to Policy 2419 being pulled from the West Virginia Board of Education agenda earlier in the week, that no one from the WVDE would be present,” according to O’Cull. He said he received word from state department officials that presence of these staff members, given the “pulled policy,” might confuse the issue,

In terms of legislative-related programming, most county school board members, at least based on annual business meeting discussions, wish to “do away with” the reception sponsored in conjunction with the state School Administrators Association, perhaps providing legislators and staff box lunches in the future.

               
In terms of legislative-related programming, most county school board members, at least based on annual business meeting discussions, wish to “do away with” the reception sponsored in conjunction with the state School Administrators Association, perhaps providing legislators and staff box lunches in the future.
               
“This would be more cost-effective,” said Kim Cooper, WVSBA President. “We got the message loud and clear: Members don’t want another reception. In fact, most members want to meet locally with legislators. The boxed lunch idea has great merit. We’ll talk with WVASA about this,” Cooper said.
               
Cooper said many legislators have competing receptions or cannot attend because of the busy time when sessions are conducted. Or, he said, “We run into the governor’s reception as we have for the past two years in a row. This means we get scant attendance from legislators. I agree more can be accomplished by meeting legislators in their home counties.”

“As far as legislative visitations so few members take advantage of bus travel to the Capitol that it has become prohibitive. We’ll think this one through for next year. I’d like a ‘board member day’ at the Capitol. This could mean coordinated visits with legislators.” – WVSBA Executive Director Howard O’Cull, Ed.D.

As far as legislative visitations, O’Cull said so few members take advantage of bus travel to the Capitol that it has become prohibitive. “We’ll think this one through for next year. I’d like a ‘board member day’ at the Capitol. This could mean coordinated visits with legislators.”
               
About 225 persons attended the conference, according to WVSBA Administrative Assistant Shirley Davidson. In terms of the fiscal year 2008 Annual Business Meeting, election of officers will occur in May, according to Cooper.

WVBE member Bob Dunley of Wheeling, West Virginia School Board liaison attended the conference.

 

Legislative leaders urged to explore GASB in interim sessions

Many questions need clarification on this important issue

 

West Virginia School Board Association President Kim Cooper (Raleigh) has forwarded this correspondence to the Senate president and House speaker regarding Governmental Accounting Standards Board Statements 34 and 45.

In this communication endorsed by delegates who attended the association’s Feb. 17  Fiscal Year 2008 Annual Business Meeting, Cooper urges legislators to study the measure in 2007 interim legislative meetings leading up to July 2007 when the standards are to be issued.

The association also endorsed a plan to have various county boards to seek an attorney general opinion regarding GASB implementation, with delegates from the Harrison and Wood county school boards saying they would initiate the first requests.

Cooper’s correspondence reads:  
           
“As you know, a main topic of discussion at our association Winter Conference concerned Governmental Accounting Standards Board Statements 34 and 45.

Based on these discussions and legislative visitations conducted by our members, we conclude that agency officials, including state Department of Education representatives, may lack some command of this issue at least in terms of its practical, day-to-day effects at the local level.

Based both on legislative visitations and information shared at our conference program, we suggest that a portion of the April, May, and June 2007 interim meetings be devoted to discussing GASB in terms of public education.

We do not suggest delaying implementation of the legislation, however. We simply want an answer to questions such as:

1. Is there statutory or judicial precedence for “shifting” what heretofore may have been considered a state “liability” in terms of post-employment benefits received by retired school employees in terms of extended Public Employees Insurance Agency (PEIA) coverage to county boards?
2. In regard to post-employment benefits received by retired school employees, must county boards of education “pay” $515.27 per retiree – the projected figure we have been told in correspondence from the West Virginia Department of Education and representatives of the Public Employees Insurance Agency? If so, where are we to derive these funds? 
3. While we have received assurance that PEIA officials will not “aggressively pursue” payment of such benefits, what written assurance will we have that such is the case? Will the post-July PEIA bill state exactly what we are to pay and are not to pay?
4. If we are required to pay the $515.27 per employee in the future, from what sources are to be utilized for these payments?
5. What legal authority does the state superintendent of schools to make a commitment to ensure that GASB is implemented in West Virginia? Has the West Virginia Board of Education endorsed such? If the WVBE has not, is their endorsement required?

Members of the Senate and House Education Committees will receive copies of Cooper’s correspondence, he said.

 

Resources

State Auditor's Office answers questions regarding GAAP and GASB

 

The following information is provided to The Legislature by  Stuart T. Stickel, C.P.A., Deputy State Auditor, who met with West Virginia School Board Association Executive Director Howard M. O’Cull, Ed.D., and West Virginia Association of School Administrators Executive Director Martha Dean, Ed.D., Feb.5 in the state Auditor’s Office in order to discuss GAAP and GASB.

The state Auditor attended that meeting as well as other personnel from that office.

The following are answers Stickel provided, based on O’Cull and Dean’s questions.

NOTE: It that members are familiar with the acronyms GAAP and GASB, the terms will be used throughout without written first reference.

Stickel writes:

Why is GAAP accounting important for government?

First, a brief history.

The Governmental Accounting Standards Board (GASB) was established in 1984 to provide the unique public sector accounting guidance necessary for governments because of the environment in which they operate.  Prior to the formation of GASB, the National Council of Governmental Accounting existed and promulgated accounting standards for governments.  The Financial Accounting Standards Board (FASB) replaced the Accounting Principles Board (APB) and has been promulgating accounting standards for the private sector since the 1970’s. Both of these boards (GASB and FASB) were formed in order to provide independent standard setting to ensure all interested parties (preparers, auditors, and users of financial statements) received fair and adequate consideration. Prior standard setting boards were comprised of members that only represented a portion of interested parties.   The American Institute of Certified Public Accountants (AICPA), which represents the independent auditing profession, has officially designated FASB and GASB as the authoritative standard setting body for GAAP in their respective sectors.

 

Where is West Virginia currently with respect to governmental accounting?

Obviously, the largest government in the state is the State of West Virginia.  The State of West Virginia issues financial statements in accordance with GAAP.  This brings us to local governments.  With the exception of local school boards, all local governments are required to follow GAAP basis accounting.  The statutory authority to promulgate accounting standards is conferred to the Chief Inspector under Chapter Six, Article Nine of the West Virginia Code.  This includes municipalities, counties and various boards and authorities created by these local governments.  West Virginia School Board’s follow an Other Comprehensive Basis of Accounting (OCBOA) promulgated by the West Virginia Department of Education. 

 

Why is it important to have GAAP basis financial statements now?

When GASB undertook the monumental task of full accrual government-wide financial statements with Statement #34, it was the stepping stone to implement statements (such as #45) which require a full accrual environment for implementation.  The continuance to utilize an OCBOA after Statement #34 creates a greater discrepancy from GAAP basis financial statements that existed prior to the implementation of this statement.  Statement #34 completely changed the landscape of governmental financial reporting and provided the “full accrual” environment that is necessary to implement other far reaching statements such Statement #45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions.  GASB Statement #45 was established to recognize future employer provided healthcare and other non-pension benefits based on an actuarially determined cost.  It establishes a recognition mechanism for a liability that will have to be paid in the future that has always been present but never fully recognized.  Statement #45 mirrors, in many respects, the Financial Accounting Standards Board (FASB) Statement #106 “Employers’ Accounting for Postretirement Benefits Other Than Pensions”.  Now that GASB has established a full accrual accounting environment, the recordation of certain accounting transactions are more likely to mirror existing private sector guidance. 

 

Why is this? 

Standards are primarily driven by the financial statement users.  

 

Who are the users of your financial statements?

It is safe to say that citizens of a county are not calling and demanding  the board prepare the financial statements in accordance with standards that are typical to the private sector.  But if you issue bonds, enter into other borrowing arrangements or receive federal financial assistance there are knowledgeable people examining the board’s financial statements.  Bond rating agencies are especially interested in full accrual GAAP basis financial statements in order to facilitate their financial analysis. 

 

Why do boards have to switch to the GAAP basis of accounting?

The users of your financial statements expect you to follow GAAP accounting.  When you do not and a cafeteria style basis of accounting is utilized, your financial statements lose their consistency and relevance.  These are two very important considerations in an accounting reporting environment.  While auditing standards allow auditors to report on another comprehensive basis of accounting, the failure to follow GAAP may ultimately affect bond ratings or federal financial assistance.  The implementation of GAAP basis statements such as Statement #45, bring these issues into the light of day.  The funding mechanism associated with this liability is a topic of debate, as it should be, since it is a tremendous financial burden that must be borne by local governments.  The point is we would not even be discussing this issue at this complex level had this statement not been implemented by the State of West Virginia. 

 

What are the advantages and disadvantages of implementing GAAP?

Advantages:

Your financial statement users will be receiving the information they expect.

You will have a wealth of resources to rely upon to facilitate your preparation and understanding of GAAP basis financial statements.  There are technical guides, literature and conferences geared exclusively for governmental accounting.

Your county’s financial statements can be compared easily to other school board financial statements for entities outside the State of West Virginia that also follow GAAP.

For the most part, the day to day recordation of accounting transactions will not change.

Disadvantages:

More time will be needed to prepare your year end financial statements because of additional note disclosures, and the preparation of government-wide financial statements.  Certain figures not readily available from your “normal” day to day accounting system will have to be calculated.  This is especially true during the first year of conversion.

Audit cost will go up.  Every firm is different but our experience indicates that the boards can expect a 15% to 25% increase in audit fees.  This is simply because of the increased volume and complexity of the financial information presented in a GAAP basis report. 

 

What will happen if the Board does not pay the full amount of the forthcoming PEIA billing?

First and foremost, the implementation of GASB Statement # 45 for the State of West Virginia is June 30, 2008.  The boards will be required to implement in either 2009 or 2010 based on what the government’s total annual revenue was for the fiscal year ended June 30, 1999.  GASB Statement #34 established this base year to phase in implementation of that statement based on a government’s size.  So, effectively, if a board has total annual revenue under $10,000,000 for that year (1999) the implementation date for GASB Statement #45 will be fiscal year ending June 30, 2010.  Boards with revenue over $10,000,000 will be required to implement in the fiscal year ending June 30, 2009.  Regardless of when a board’s implementation is, PEIA will begin billing in July of 2007.  Even though PEIA indicated they will not aggressively seek to recover what is deemed to be the “remaining annual required contribution”, the entire amount would be considered to be the “annual required contribution” (ARC).  This is a very specific term that is referred to numerously in this statement.  The ARC includes the normal cost (current costs associated with healthcare benefits) and a provision for amortizing the unfunded actuarial accrued liability (actuarially determined future costs associated with healthcare).  If the board does not pay the full amount then an “Other Postemployment Benefit” (OPEB) obligation is created.  There are some fairly complex adjustments that must be made in order to properly reflect this liability. If the board does not make the ARC then the liability will accumulate until the required implementation date for the board arrives at which time it must be reflected in the financial statements.

 

How is the OPEB obligation reflected in the Board’s financial statements?

To properly understand how the liability is reflected, one must first understand a couple of different financial statements required under GASB Statement #34. 

Fund Level Financial Statements- These are the typical financial statements prepared by the Board pre-GASB Statement #34. There will no longer be a “Fixed Asset Account Group” or a “General Long Term Account Group” and the funds will be categorized as major and nonmajor.  There are a number of other minor differences that would not be relevant to the topic at hand.  Fund Level financial statements also include the typical budgetary statements.

Government Wide Financial Statements- These are full accrual financial statements required by Statement # 34. These are accompanied by reconciliations that outline the differences from the fund level to government wide level financial statements.  Typical reconciling items include adjustments for capital assets and debt.

If the Board does have an OPEB obligation, the majority of the liability will be reflected on the government-wide financial statements.  The only portion that would be reflected at the fund level financial statements would be what was actually contributed to the irrevocable trust and with what is expected to be liquidated with expendable available resources.  Based on the foregoing, the OPEB obligation amount should not have a material effect on the budgetary statements thereby eliminating the concerns over the legal ramifications associated with the violation of West Virginia Code §11-8-26.

 

2007 Legislative Calender

 

First Day - Jan. 10, 2007: First day of session. (WV Const. Art. VI, §18)

20thDay – Jan. 29, 2007: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

41st Day – Feb. 19, 2007: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14) Does not apply to Senate resolutions or concurrent resolutions.

45th Day - Feb.  23, 2007: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. (House Rule 91a) Does not apply to House resolutions or concurrent resolutions.

47th Day - Feb. 25, 2007: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day - Feb. 28, 2007: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

60th Day - March 10, 2007: Adjournment at Midnight. (WV Const. Art. VI, §22)
From the West Virginia Legislature

 

Bill Abstract

Selected Education-Related House Bills

• House Bill 2105 – Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits. Approved by governor 2/2/07.


• House Bill 2187 - Providing payment for GED exam fees. Referred to House Finance Committee.


• House Bill 2189 - Relating to substitute service personnel seniority. House Third Reading (Special Calendar) 2/23/07.


• House Bill 2558 - Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes. Referred to House Finance Committee.


• House Bill 2588 - Reimbursing tuition and fees for courses for the renewal of teaching certificates. Approved by House Education Committee 2/5/07.  House Third Reading Special Calendar 2/23/07.


• House Bill 2585 - Relating to the renewal of teaching certificates and permanent certification. Approved by HEC 2/5/05. Passed House 2/8/07. Referred to Senate.


• House Bill 2777 - Relating to compensation of public school teachers and school personnel. House Third Reading (Special Calendar) 2/23/07.


• House Bill 2796 - Reducing federal adjusted gross income for contributions to public institutions of higher education. House First Reading (Special Calendar).


• House Bill 2826 - Including school psychologists and school nurses with other professional school personnel for a salary supplement. Referred to House Finance 2/20/07.


• House Bill 3045 - Creating a new pay grade classification of "bus operator II". Referred to House Finance 2/20/07.


• House Bill 2836 - Allowing a public school employee or retiree who missed work as a result of pregnancy to purchase up to one year of service credit in the teachers retirement system. Referred to House Finance Committee 2/20/07.


• House Bill 2842 -Relating to sale and serving of beverages in schools. Third Reading House Special Calendar 2/23/07.


• House Bill 2931 -Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study. Referred to House Finance 2/20/07.


• House Bill 2939 - Relating to alternative education programs for certified teachers to obtain additional endorsement. Third Reading House Special Calendar 2/23/07.

Senate Bills

• Senate Bill 84  – Allows county boards to enter into lease-purchase agreements relative to land, buildings and equipment. Senate First Reading 2/23/07.


• Senate Bill 67 – Enacts governor’s school safety bill relating to building ingress and egress. Senate Education approved 2/21/07. Senate Second Reading (with reference to Senate Finance Committee) 2/23/07.


• Senate Bill 95. Relating to requiring county boards of education make available certain training to teachers' aides. Senate Education approved 2/21/07. Senate Second Reading (with reference to Senate Finance Committee) 2/23/07.


• Senate Bill 100 – Requires county boards to reimburse “school employees” for mileage at a “rate consistent with the state mileage reimbursement rate.” – Senate Education Committee approved Feb. 1. Referred to Senate Finance Committee/Senate First Reading 2/23/07.


• Senate Bill 334 - Relating to employment of athletic or extracurricular activities' coaches. Senate Education approved 2/14/07. Passed Senate 2/19/07. Referred to House Education 2/19/07, with second reference to House Judiciary Committee.


• Senate Bill 442 – Revises state school and public employees grievance procedure. Senate Second Reading 2/23/07.


• Senate Bill 452 - Creating WV Kids First Act/Senate First Reading 2/23/07.


• Senate Bill 541 – Revises state School Aid Formula (SAF). Senate Education Approved 2/19/07. Referred to Senate Finance Committee.


• Senate Bill 650 - Relating to school bus transportation schedules. Senate Education Approved 2/21/07. Senate Second Reading (with reference to Senate Finance Committee) 2/23/07.


• Senate Bill 657 - Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards. Senate Second Reading 2/23/07.


• Senate Bill 703 - Prohibiting School Building Authority from funding any new construction resulting in excessive student bus travel time. Senate Education Committee deferred action 2/21/07.


• Senate Bill 745 - Relating to selling and serving beverages in public schools. Senate Second Reading 2/23/07.

Source: West Virginia Legislature Web site. Information current as of Feb. 22, 2007. For more information, refer to http://www.legis.state.wv.us/

 

Commentary

Service personnel deserve raises, too

Where's Daily Mail outcry about more pay for governor?

By Bob Brown, Secretary,
West Virginia School Service Personnel Association
 
The Daily Mail's Feb. 6 editorial, "State should be careful with raises: Increasing the pay of bus drivers would do nothing to retain teachers" is misleading and terribly disappointing to those of us who are champions of children and education.

Far from being critical of the House Education Committee's action of providing a 3.5 percent salary increase to school service personnel, we should praise the leadership, vision and humanity of the committee.

The editorial implies that the governor was "sensible" and driven by the need to be fiscally responsible when he proposed a one-time bonus of 2.5 percent for school service employees.

Let us be clear: A one-time bonus is not a salary increase.

While the governor has a fiscal responsibility to manage the state, he also has a moral and ethical responsibility to public employees.

I don't recall seeing any objection by the Daily Mail last year when the governor signed legislation giving Supreme Court Justices annual salary increases of $26,000 and some Manchin administration officials' annual increases of $36,000.

I don't remember an outcry from the Daily Mail when the governor signed a bill last year that will increase his own salary by $55,000 beginning in 2009.

It is simply bad public policy to reward high-ranking public officials with substantial salary increases while giving a small, one-time bonus to public employees at the bottom of the economic and political ladder.

Not stated in the editorial, but clearly implied, is that school service personnel are not deserving of a salary increase.

We at the West Virginia School Service Personnel Association understand that the most critical element in the education of our children is having fully certified teachers in every classroom, and we believe they deserve a meaningful pay raise.

But school service personnel also play an important role in the education of our children. Without the nurturing and support these folks provide, our children simply could not learn as well as they do.

Hungry children can't learn. You can't teach children in cold or dilapidated buildings. You can't adequately educate children unless you transport them to school. The people who provide these important services to children deserve a real pay raise, too.

Further, the editors have confused fact with myth. The editors, along with State School Superintendent Steve Paine, say school bus operators and other non-teaching education personnel in West Virginia earn more than their counterparts in other states. They cite no data to support this claim.

Unlike teacher salaries, we can find no national ranking of school service employee salaries. The only national data we can find on school bus driver salaries and a few of the many service personnel job classifications in West Virginia comes from the U.S. Department of Labor's Bureau of Labor Statistics.

Its latest research shows the national average salary for school bus drivers is $24,350, while the average salary in West Virginia is $20,970. It certainly doesn't appear that West Virginia's school bus drivers are paid more than staff in other states.

Because of woefully inadequate salaries, we have women working in our school cafeterias whose own children qualify for free and reduced-price lunches. How tragically ironic.

We have a serious shortage of school bus drivers in many counties because if you have a commercial driver's license, there is a good chance you can get a job driving a coal truck and make twice as much as a school bus driver.

Yet we have a cadre of loyal school service employees who have chosen to dedicate their working lives to the children of W.Va. when they could make more money in another industry or by making a short drive across state lines.

According to Gov. Manchin, the state's five-year budget forecast is the best in years, and for the second consecutive year we have a budget surplus. In addition, we have reduced regressive taxes and we are on the threshold of passing legislation that will generate additional revenue for the state's coffers.

We understand that when there is no money, the state can't give raises to public employees. But in good economic times, everyone should share in the bounty.

As we enter the final weeks of the legislative session, policy makers, including the influential fourth branch of government, the media, have an opportunity to focus on the needs of our children, public education and those who make our schools work.

Let us be generous to those who are less fortunate and let us all be guided by the better angels of our nature.

Brown is executive secretary of the West Virginia School Service Personnel Association. It represents 8,500 school bus operators, clerical staff, maintenance and custodial staff, instructional aides and cafeteria workers in West Virginia's public schools

This Charleston Daily Mail “Opinion” ran Tuesday Feb. 20, 2007

 

ETC.

Meanwhile in Vermont...

 

Community High School of Vermont is the state's largest high school, and it's run by the Department of Corrections. The school -- operating in each of the state's jails and prisons, with walk-in schools at probation and parole offices -- has about 3,500 registered students, though only about 350 attend classes every day. At Community High School, there are no grades or set schedules. Students get plenty of individual attention from understanding teachers. One thing they don't get is a break on what they must accomplish to graduate. Students must earn the same number of credits as any Vermont high school student. There aren't hard statistics, but Department of Corrections officials believe that Community High School helps keep people from returning to jail. The Community High School won accreditation from the New England Association of Schools and Colleges and is now considered in the same category as some of the nation's most elite private schools. Source: CNN.com/Wednesday, Feb. 21, 2007

 

Soundbites

 

“I’m splitting hairs, but I think it should be ‘athletics’ trainers’…” – Del. Danny Wells, a former Charleston Gazette sports columnist, discussing a bill regarding high school “athletic trainers.”

“Individuals were harmed by these county policies which existed in the 1960s and 1970s…It is to correct a wrong.” – Del. Walter Duke, R-Berkeley, discussing a bill that would allow TRS members who “had” to take leaves of absences when pregnant to be able to recapture some “lost” retirement benefits.

“It all goes back to education…” – Gov. Joe Manchin in remarks to a group of county education officials who attended a school safety seminar Thursday. Manchin said education was key to the state growing its economy, and warned against “silos” in public education and against entities who would polarize education policy due to “constitutional protections and separation. We’re all in this together,” he said.

 

Wisdom

 

“I’m astounded by people who want to ‘know’ the universe when it’s hard enough to find your way around Chinatown.” – Woody Allen.

 

Last Word

Can the collective bargaining idea

By Hoppy Kercheval

The West Virginia legislature is considering a controversial proposal that could cripple the finances of municipalities. The legislation would grant collective bargaining rights to police and fire departments.

If the bill becomes law it would mean that West Virginia municipal governments would be forced to negotiate with public safety unions on wages and benefits.

The proponents say the police and firemen just want more of a say in their workplace conditions. They point out that the bill includes a no-strike clause. But the concept is troublesome for a variety of reasons.

Collective bargaining for public employees reduces the power of elected officials to control the cost of government. For example, if the two sides were unable to agree on pay issues the decisions would be left up to unelected arbitrators.

That undercuts the ability of officials elected by the people to determine the pay and benefits of employees based on the available tax revenue.

Collective bargaining also can lead to higher labor costs and less flexibility in determining who does what job. West Virginia cities, already struggling with rising employee costs and legacy expenses, could find themselves going back to the taxpayer again and again for more money.

Any government leader considering collective bargaining should consider what has happened in Huntington. That city’s collective bargaining arrangements with public employees have helped push the city toward bankruptcy.

The Huntington unions have negotiated a plethora of paid holidays and health care benefits with compliant mayors. Oddly, current Mayor David Felinton told the Charleston Daily Mail last week that collective bargaining “works for Huntington.”

It may work for those receiving the benefits and for the mayor who gets political support from the unions, but it’s incomprehensible to suggest it as worked for the greater good of the city.

Last week, the House Political Subdivisions Committee approved the collective bargaining bill 15 to 8. It now goes to the House Judiciary Committee. It’s peculiar that at a time when the house members are pontificating about giving local communities the power to decide whether to add table games they are contemplating requiring local governments to negotiate with unions over wages and benefits.

That’s tantamount to an unfunded mandate passed down from Charleston.

Charleston Mayor Danny Jones said it best. If lawmakers are so enamored with collective barging for public employees, “why not start with state government?”

Or better yet, just don’t start at all.

Kercheval’s commentary was published Feb. 20, 2007.

 

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

Kim Cooper (Raleigh), President
dukecoop77@yahoo.com

Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
Ljwm1108@ruralnet.org

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org

Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

* Committee on Communications: Judi Almond (Raleigh), Beth
Cercone (Clay), Bob Duckworth (Taylor), David McCutcheon (Roane),
Mike Mitchem (McDowell), Nancy Walker
(Monongalia), Don Tuttle (Wetzel)

Vincit omnia veritas
“Truth conquers all”