
February 24, 2006 - Volume 25 / Issue 13
Overview Info
Stats
| Day of Session | 45 |
| Days Remaining | 15 |
| Bills Introduced: (Includes 644 House Carryover Bills) |
2,164 |
Education Bills |
312 |
Inside
- News
- Senate Education approves measure to allow sharing of central office personnel/Sprouse RESA amendment fails
- Teacher, higher ed and state employee grievances could be sent to binding arbitration/Senate Education passes principal increment pay, school nurses measure
- Bill would set up health inspection standards for schools/Another bill changes
- Beginning teachers would get salary increase/House and Senate education committees’ action updated
- Paine names new Lincoln County superintendent
- Delegate describes county breakdown of School Aid Formula increases through‘chargeback’ bill
- Retired Air Force general hopes to teach youth about leadership, character development
- From the President: It is an honor and privilege to serve as your president/Teamwork remains a prevailing theme of my tenure
- Administrative Perspective: Busy agendas for House and Senate education committees/Bill to increase salary for beginning teachers passes unanimously
- Bill Abstract
- In Brief
- Commentary
- Etc.
- In the Know
- Nominate a great teacher for 2006 ‘American Stars of Teaching’ West Virginia 2006 Election Calendar/Important Dates for Candidates and Political Committees
- Looking Back: Board member pay increase the lead story in 1996/WVEA predicted teacher shortage by 2006
- 2006 Legislative Calendar
- Soundbites
- Meanwhile in Massachusetts
- Wisdom
Quote: “We’ve [House Education Committee] worked on it [legislation relating to increasing beginning teachers’ pay] for a period of time. Hopefully, this will help the recruitment of teachers to remain in West Virginia.” – HEC Vice Chairman Larry Williams, D-Preston.
NEWS
Senate Education approves measure to allow sharing of central office personnel/Sprouse’s RESA amendment quashed
Senate Bill 620, which would authorize and encourage county boards to share central office administrative personnel through arrangements with contiguous counties or with their respective Regional Educational Service Agencies (RESAs), was approved by the Senate Education Committee at its Thursday afternoon meeting.
The bill, endorsed by the West Virginia School Boards Association, would amend West Virginia Code §18A-4-8d to allow county boards to develop the collaborative arrangements.
Based on Committee on Legislation discussions, the measure could aid counties in ending duplicated central office services, especially as retirements or resignations occur, or through attrition.
The bill now goes to the Senate floor. The corresponding House measure is House Bill 4680.
The Senate approved similar legislation last year, but it died in the House of Delegates when it was appended to a controversial bill dealing with RESA funding.
Although this legislation cites RESAs, it allows the sharing of services through arrangements to which county boards would agree – a point made in the committee meeting by counsel Hank Hager.
Senate Minority Leader Vic Sprouse, R-Kanawha, raised questions about RESA involvement in the sharing of services, making a motion that the state Board of Education consider alternatives if RESAs were eliminated. That amendment, however, was defeated.
This approach is far preferable to counties that have duplicative services, or that are “short on” directors, coordinators and specialists. – Howard M. O’Cull, WVSBA executive director
According to committee discussion, Sprouse had appeared on a local radio show discussing opposition toward RESAs.
“I hope the Legislature sees the wisdom of our approach,” said Howard M. O’Cull, Ed.D., executive director of the West Virginia School Boards Association.
O’Cull said this approach is far preferable to counties that have duplicative services, or that are “short on” directors, coordinators and specialists -- many of whose positions have been eliminated since downsizing began in 1989.
“It’s the kids that get hurt, especially given the rigors of the No Child Left Behind Act, state mandates and pressures on county boards in terms of student achievement,” he said.
Senate Education Chairman Bob Plymale, D-Wayne, is the lead sponsor on the Senate Bill, while House Education Chairman Tom Campbell, D-Greenbrier, and Larry Williams, D-Preston, are co-sponsors of the House measure.
Teacher, higher ed and state employee grievances could be sent to binding arbitration
Senate Education passes principal increment pay, school nurse measures
The Senate Education Committee on Thursday afternoon approved a bill that may be the “sleeper” of a legislative session described by most observers as “slow” if not “dull.”
The legislation, included in Senate Bill 417, would allow school employee grievances to be submitted to binding arbitration.
As outlined in the Senate measure, employees would be responsible for one-third the cost of the arbitration, and the county board (or college governing boards/state entities of government) two-thirds.
Although Sen. Ed Bowman, D-Hancock, said the arrangement was “unusual” compared with the private sector, in which half the costs of arbitration usually are borne by each party, he did not offer an amendment to change the SB 417 provisions.
Bowman, however, was successful in amending the bill to eliminate a section that would have allowed administrative law judges to “require the employer to reimburse grievants for expenses incurred for the service of subpoenas, witness fees and mileage fees for witnesses subpoenaed to Level III hearings.”
“That’s not something that is usual [in private sector arbitration],” Bowman said, adding that one purpose of arbitration is to provide a certain threshold to resolve grievances at lower process levels so as not to invoke arbitration.
The measure, as adopted by Senate Education, also provides a provision that says the arbitrator’s decision is final and that the decision cannot be appealed to circuit court unless rendered through fraud or if the administrative law judge exceeded his authority.
Bill streamlines current grievance process
The bill has numerous sections, including a provision that streamlines the current grievance process to eliminate Step I (grievant meeting with the immediate supervisor), although the grievant may opt to use that step.
It also says that a “chief administrator” would be prohibited from appealing a decision granted by a governing board (county board) under what would be Level II (currently Level III).
Additionally, when a chief administrator’s “designee holds the (grievance hearing), the grievance evaluator shall issue the final decision and the chief administrator shall have no authority to override, reverse or modify the decision.”
These are among other bill provisions:
- Eliminate a provision of current law that allows the hearing examiner to determine whether a grievance hearing at the “final level” is public or private.
- Eliminate language that allows another employee to intervene in the grievance.
- Hearing examiners would not be deployed by Regional Educational Service Agency regions but must be placed throughout the state.
- Eliminate a provision of law that the grievance evaluator must provide written agreement prior to a grievant filing a grievance at the level with the authority to grant relief.
“Our grievance procedure…it just ain’t working. It’s costly; it’s terrible; it’s ineffective.” – Sen. Ed Bowman, D-Hancock
Most session observers say the legislation may earn the session “sleeper” designation because Sen. Jon Blair Hunter, D-Monongalia, was able to amend the Senate bill to include higher education employees and state employees under its provisions.
Hunter said such a move creates “one vehicle; one mandatory arbitration procedure for all (school, higher education and state employees).”
Bowman, a labor lawyer, echoed his sentiments, saying, “Our grievance procedure…it just ain’t working. It’s costly; it’s terrible; it’s ineffective.”
He said the Senate Government Organization Committee had been mulling the grievance procedure the last two years.
A gubernatorial commission initially appointed by former Gov. Bob Wise also examined some “employer-employee” relations issues, although the commission’s report has not been made public, and is now being vetted in terms of research and findings, according to Legislative Services spokespersons.
According to Sen. Jon Blair Hunter, D-Monongalia, labor organizations were united for the first time in support of the grievance measure, a reference to a previous well-known “fracture” between the West Virginia Education Association and West Virginia Federation of Teachers about arbitration.
Although Earl W. Maxwell, who currently heads the Grievance Board, was present, he was not recognized to speak – and neither were representatives of labor organizations, including the American Federation of State, County and Municipal Employees. Additionally, “management” group representatives, including West Virginia School Boards Association representatives, were not called upon to address the bill nor were representatives of West Virginia University, the state School Service Personnel Association or principals.
According to comments Hunter made at the committee meeting, labor organizations were united for the “first time” in support of the measure – a reference to a previous well-known “fracture” between the West Virginia Education Association and West Virginia Federation of Teachers, which had been at odds regarding arbitration.
Apparently, based on comments made during the Senate Education meeting, the labor organizations worked closely with a few Senate legislators to craft the 2006 bill. The bill also had origins in a series of legislative interim meetings where the grievance procedure was studied.
The bill has been referred to the Senate Finance Committee.
The Legislature last considered grievance legislation and binding arbitration in the late 1980s and early 1990s.
In other action Thursday, the SEC approved legislation that would:
- Provide school principals and assistant principals statutory salary increments by 2 percent. The bill also would mandate that principals have a 220-day employment term. The state Department of Education estimates the proposal will cost about $5 million. Principals’ representatives think the measure has a slim chance of passage, given the “220-day” provision. The House has yet to consider similar legislation. The legislation is included in Senate Bill 650.
- Change the school nurse ratio from one school nurse per 1,500 students in grades K-7 to one school nurse per every 750 students in grades Pre-K-12. Sen. Jesse Guills, R-Greenbrier, was successful in amending the bill so that only state funds would be used for its implementation. The cost is about $8.5 million. In answer to a question from Sen. Donna Boley, R-Pleasants, Senate Education Committee Chairman Bob. Plymale, D-Wayne, said funding would have to be included in the state budget if the state is to pick up the tab. The legislation is included in Senate Bill 53.
- Allow use of professional development approved by the state Department of Education in lieu of semester hours of credit for teacher certificate renewal purposes. The bill also allows teachers “permanent certification” upon completion of the National Board for Professional Teaching Standards (NBPTS) certification. (The bill originated in committee, thus no bill number had been assigned as of Thursday.)
- Revise the state READS grant program, one of which is to change “focus” of the grant program from providing remediation in grades K-4 to providing intervention in grades K-3. Viable interventions also would include before- and after-school programming. Other components would require grant recipients to receive funding for proposals based on research, use of highly-qualified teachers, and formative assessments to identify students in need of intervention. The bill also states that one priority for funding is to grant awards to schools that exhibit high levels of child poverty. (The bill originated in committee, thus no bill number had been assigned as of Thursday.)
- Define completion of National Board for Professional Teaching Standards so that completing 10 scorable entries, as verified by NBPTS officials, would be considered program “completion.” According to committee lawyer Hank Hager this stance is “relevant” because half of the certification fee would be paid for reimbursement to each teacher who enrolls in the program and half of the certification fee would be paid once the teacher completes NBPTS certification. (The bill originated in committee, thus no bill number had been assigned as of Thursday.)
- Makes changes in legislation relating to the state’s physical education requirements for the different grade levels from three specific grade level ranges to the more general categories of “elementary school grades,” “middle school grades,” and “high school grades.” That measure also would require the state Board of Education to develop a rule relating to “body mass index,” including provisions to address confidentiality, use of a “scientifically drawn sample of students,” and use of “appropriate methodology for assessing the body mass index from student height and weight data.” That legislation was first required last year. (The bill originated in committee, thus no bill number had been assigned as of Thursday.)
The committee also adopted legislation that would move the Workforce Initiative Program from the supervision of the Development Office, placing it with the West Virginia Council for Community and Technical College Education. As part of the proposed legislation, included in Senate Bill 638, the chancellor of the “Community College” system would appoint an advisory committee to review applications for Workforce Development Initiative grants. To participate in the program, a CTC must develop a plan as part of its institutional compact to improve the quality of the workforce within its service area. There are several other provisions.
Lastly, the committee passed legislation that requires state higher education institutions to grant tuition and fee waivers for children and spouses of parole officers and probation officers killed in the line of duty, as space permits. The bill is Senate Bill 18.
A resolution adopted by the committee directs the state to conduct an assessment of after-school services in West Virginia. The resolution states that the “most violent juvenile crime” occurs from 6 p.m. to 9 p.m. when many children aren’t supervised.
A similar bill would expand the number of children eligible for tuition waivers and monetary allocations to include those who served in any armed conflict declared by the president. That bill is Senate Bill 32.
Two resolutions adopted by the committee relate to school “aftercare,” which directs the WVDE, the Office of the Secretary of Education and the Arts and the 4-H and Youth, Family and Adult Development Division of the West Virginia University and West Virginia State University Extension Service to conduct an assessment of after-school services in West Virginia. The resolution states that the “most violent juvenile crime” occurs from 6 p.m. to 9 p.m. when many children aren’t supervised.
The other resolution would declare December as the Legislature’s “Back to School Month,” one activity of which is to encourage legislators to visit schools.
The committee will meet again Feb. 26.
Bill would set up health inspection standards for schools
Another bill changes requirements for gathering student obesity information
By Jim Wallace
The House of Delegates is trying again to pass a bill dealing with health inspections in schools after seeing a similar House-passed bill die in the Senate during last year’s regular session.
The House Education Committee approved the bill (House Bill 4623) Thursday with no dissent. The bill would authorize the commissioner of the Bureau for Public Health to establish standards for both public and private schools to be inspected by local health boards.
Those local health boards would then be required to report their findings to school principals, county superintendents and school board presidents or their equivalents in the case of private schools. If serious or ongoing health issues go uncorrected, the local health board could send a report to the commissioner of the Bureau for Public Health and the state board of education.
Chuck Hamsher of the Association of Local Health Departments told the committee his organization had no problem with the bill in its current form. However, he said, the association was concerned about last year’s version, which called for increased inspections.
The bill was scheduled to go to the House Finance Committee, but House Education Chairman Tom Campbell, D-Greenbrier, said that reference might be waived because the bill would have no effect on state finances.
A report issued last year by the Trust for America’s Health ranked West Virginia third in the nation behind Mississippi and Alabama for the rate of adult obesity. Testing students’ body mass index levels was among the recommendations of that report.
The Education Committee also originated a bill to change requirements for collecting and reporting students’ body mass index. It would remove current requirements for collecting that data in kindergarten screening procedures and for students in grades four through 12, as well as the reporting of the data to the state school board through the West Virginia Education Information System.
Instead, the bill would have the state board develop a rule for collecting and reporting the data using scientifically drawn samples. That data would still be reported to the Department of Education and then to the governor, the state board, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and Human Resources Accountability.
The testing for body mass index, which is a ratio of weight to height, was part of Gov. Manchin’s Healthy West Virginia Act of 2005. A report issued last year by the Trust for America’s Health ranked West Virginia third in the nation behind Mississippi and Alabama for the rate of adult obesity. Testing students’ body mass index levels was among the recommendations of that report.
Delegate Brady Paxton, D-Putnam, said he is concerned that reports on students’ body mass index be held in confidence. Committee analyst David Mohr assured him that the bill does require confidentiality.
The bill also would change specific grade level requirements for physical education classes to more general references, such as elementary school, middle school and high school grades. That is to accommodate different grade groupings and scheduling requirements of schools.
The committee also originated a resolution that would put the issue of pay for counselors employed by the Division of Rehabilitation Services into study by the Joint Committee on Government and Finance during legislative interim meetings in the year ahead.
Campbell explained that no one wanted the issue to die but not enough time was left in the regular session to deal with it adequately. “We kept running into unintended consequences,” he said.
A bill that had been carried over from last year (House Bill 2865) would have provided that rehabilitation counselors employed by the Division of Rehabilitative Services would be paid at a rate equivalent to public school counselors. But Mohr said problems cropped up in determining how much that provision would cost, and there were concerns about the level of counselors’ pay in relation to their supervisors.
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.
Beginning teachers would get salary increase
House and Senate education committees’ action updated
The House Education Committee on Tuesday approved House Bill 4689, legislation that would increase the salaries of beginning teachers essentially by saying no teacher would receive a salary less than the statutory amount prescribed for a teacher with three years’ experience, with the teacher progressing one step on the experience step each year thereafter.
The statutory definition, “Years of Experience” would be changed for teachers employed after July 1 to mean “years of experience…plus three years.”
In adopting the legislation, several committee members said it would make West Virginia’s teacher recruiting efforts more effective.
“We’ve worked on it for a period of time,” said House Education Vice Chairman Larry A. Williams, D-Preston. “Hopefully this [bill] will help the recruitment of teachers to remain in State.”
Williams also said the measure corresponds with Promise scholarship goals.
Principals’ designees could discipline students
The committee also adopted House Bill 4625, which would authorize a professional employee designated by the principal to exercise disciplinary authority over students.
According to committee testimony, the bill is necessary to address a recent circuit court case in which a judge ruled that current law does not extend beyond principals per se in terms of authority to discipline students.
Committee members said several schools are structured and staffed so that assistant principals are in charge of discipline, and that principals, given the demand of the federal No Child Left Behind Act (NCLB) and other requirements relating to curriculum and instruction, should not be or would not have time to perform these duties, especially in larger schools.
The committee also approved House Bill 4546, which would allow a National Board of Professional Teaching Standards (NBPTS) recipient who, after July 1, is employed as a principal, assistant principal or in other leadership capacities (instructional leadership) to continue to receive the $2,500 statutory salary supplement.
The bill also addresses an increase in reimbursement expenses for NBPTS candidates, with a priority for teachers to receive the reimbursement.
Emphasizing the importance of arts education
On Tuesday afternoon, the committee heard from representatives of the Appalachian Education Initiative (AEI) and discussed various House bills.
Melanie Skeen and Kathy Hollahan spoke on behalf of AEI, whose goal is to promote and expand arts education throughout West Virginia and the surrounding Appalachian region.
Skeen spoke about the importance of arts education in the public schools and the role it plays in developing a child’s academic and personal development. By using a “State of the Arts” survey, Skeen said they are able to follow how much time is spent on the arts in public schools and how many teachers are certified in each county.
“Art education promotes teamwork and thinking outside the box. It gives what is needed for 21st century success.” -- Kathy Hollahan, Appalachian Education Initiative
AEI will partner with the West Virginia University Creative Arts department to conduct the Central Appalachian Leaders Summit on arts in education.
Hollohan touted the summit and the main goals of the event. She invited teachers and government leaders to participate during the week.
During the four days of the summit, they will display an emphasis on the importance of art education. Hollohan said such an education is integral for students to meet the demands of the world.
“Art education promotes teamwork and thinking outside the box,” she said. “It gives what is needed for 21st century success.”
The summit will bring this type of thought when it meets May 18-21 at WVU’s Creative Arts Center. The event also will include an acoustical performance by West Virginia native and country music star Kathy Mattea, who will also speak about how important arts education was to her success.
In relation to AEI, House Bill 3019 passed by a unanimous vote. This bill recognizes that the Appalachian Education Initiative serves a meaningful function in promoting the role of art education in the public schools and that programs associated with the organization are beneficial to the state. The goal of the bill is to help promote art education in public schools.
Bill would allow private schools in state student teaching
Representatives from Appalachian Bible College were on hand to discuss House Bill 4626, which would incorporate private schools, parochial schools, church schools and other religious-operated educational institutions into state student teaching programs.
These schools also would have to document that they are mixed with multicultural students and that compliance with state codes were met before gaining eligibility in the program.
The current 12-week program does not include private institutions. However, concern over spending the entire student teaching process in a private school and then possibly teaching in a public school without having the experience became a major issue in the discussion.
Dr. Daniel L. Anderson, president of Appalachian Bible College, said he does not think there is much of a difference between the private and public school experience and that it is unfair to not allow students the opportunity to spend their time in the private sector.
“How about those who spend all 12 weeks in public schools but want to end up teaching in a private school,” Anderson said.
A possible compromise in the issue would be a split of the allotted time between private and public schools. By doing this, a student would be experiencing both during his student teaching time.
The committee did not reach a decision on the issue and HB 4626 was moved to a subcommittee until a resolution can be found.
No compromise yet on West Virginia Tech bill
House Bill 4690, which would change West Virginia University Institute of Technology to the West Virginia Institute of Technology and make it an independent institution, has been sent to the House Finance Committee.
In the past few weeks this bill has garnered opposition dubbed “Take Back Tech” by residents since the January announcement that Tech’s engineering department and part of the math department could be moved to the Dow Research Park in South Charleston.
A compromise in the matter has not been reached at this point and members of the committee think the current bill is the closest thing available at this point and the ball needs to get rolling.
A motion to table the bill was denied during the meeting and members voted to move the bill onto Finance, even though they assured that it would most likely change before action was taken on it.
A similar measure was considered Tuesday by the Senate Education Committee.
Changes to teacher reimbursement for course work
The committee last week adopted House Bill 4544.
Under current law, teachers receive reimbursement of tuition, registration and other required fees for course work completed for and additional endorsement in a shortage area and for certification renewal. The reimbursement is paid in the order submitted and, historically, the funds available are depleted before all teachers are reimbursed.
The reimbursement for additional endorsements was added in 2002 along with language that divided the available funds into two pools, one for renewals and one for additional endorsements, proportionate to the number of applications received but no more than 75 percent of the funds could be used for either category.
The House legislation, as recommended by the West Virginia Department of Education, would strike the provisions for dividing the appropriation into two separate pools and instead limit the amount of courses for which a teacher may be reimbursed as follows:
Certification renewal – Six semester hours per certification renewal period and 15 semester hours lifetime (15 hours lifetime is current law); and
Shortage area endorsement – Six semester hours per year with no lifetime limit.
The goal is to provide reimbursement to a larger number of teachers within the limited funds available.
In other action last week House Education:
- Approved House Bill 4126, which relates to retention of seniority for the purpose of seeking re-employment for professional employees whose employment with a county board of education was terminated voluntarily. The termination must be in “absence of any currently initiated or ongoing investigation of alleged misconduct…” The employee would retain his or her seniority for a period not to exceed 15 years.
- Okayed House Bill 4077, which provides a minimum $2,500 salary supplement for professional personnel holding nationally recognized certification in speech-language pathology, audiology or counseling. The salary supplement would continue for the life of the certification or 10 years.
- Adopted House Bill 4253 which would remove the requirement that the chairperson of Shepherd University and the chairperson of the Community and Technical College of Shepherd serve as members of the other’s boards of directors, respectively.
- Adopted House Bill 4547, which would increase funds available for transfer to the Prepaid Tuition Trust Escrow Fund if an unfunded liability occurs to the Prepaid Tuition Trust Fund. The amount available is increased from $500,000 to $1 million and would be transferred from the Unclaimed Property Trust Fund account held by the state treasurer.
- Okayed House Bill 4603, which would authorize the Higher Education Policy Commission and the West Virginia Council for Community and Technical Education to adopt legislative rules relating to degree-granting institutions.
- Adopted House Bill 4491, which would establish the third week of October as Disability History Week for West Virginia.
On Feb. 18, the committee adopted House Bill 4578, which extends the expiration date of current law relating to retired teachers who substitute in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
The Disability Week bill, Senate Bill 472, was adopted Tuesday in Senate Education.
Bill would help growth counties fill vacancies
The Senate Education Committee late last week approved Senate Bill 633 and Senate Bill 635.
Growth counties such as Jefferson and Berkeley may find some relief in filling teacher vacancies under the terms of SB 633, which was originated by Senate Education to allow counties with “critical shortage areas” and “subject matter critical shortages” to contract with teachers at any time, exempting the counties from certain statutory contracting requirements and making them eligible for some additional funding.
“[Senate Bill 633] is a wonderful step. It’s so encouraging.” -- Berkeley County Schools Superintendent Manny Arvon
To meet the shortage area definition, the percentage of teacher vacancies in the county must be twice the statewide average, the county must have increased enrollment of at least 1 percent, or have a net enrollment increase of at least 50 students within any three of the last five years.
Counties receiving such funds would have to develop a plan addressing the critical shortages and use of funds, and report such to the state Board of Education and Legislative Oversight Commission on Education Accountability.
“This is a wonderful step,” said Berkeley County Schools Superintendent Manny Arvon. “It’s so encouraging.”
The measure would address not only growth-county needs, but also rural counties. Over the last 14 years, Berkeley County’s student population has increased by 5,000 and 180 teachers were hired this year alone, Arvon said.
The committee also originated SB 635, which would require county school boards to maintain flood insurance on buildings and their contents when located within a 100-year flood plain and having a replacement value of more than $300,000.
Sen. Larry Edgell, D-Wetzel, said a high school in his county incurred $1 million in damages, but was only insured for $400,000. Without assistance from the School Building Authority, the school would have closed, he said, adding that this bill would help ensure schools are covered sufficiently.
- Fluharty is an intern with Charles Ryan Associates in Charleston. Jason Keeling and Howard O’Cull also contributed to this story.
Paine names new Lincoln County superintendent
West Virginia Superintendent of Schools Steve Paine on Tuesday announced the appointment of Dr. Anne Seaver as the new Lincoln County Schools superintendent.
“Dr. Seaver brings a great deal of leadership experience to the table,” Paine said. “Her expertise related to school finance and facilities is impressive and I am confident she is the right choice for Lincoln County schools.”
Seaver will replace Superintendent Bill Grizzell, who recently announced his retirement. In 2000, the West Virginia Board of Education took over Lincoln County Schools after several deficiencies were cited by the West Virginia Office of Education Performance Audits.
Since the takeover, Lincoln County Schools have improved hiring practices, teacher certification and curriculum and instruction, Paine said. In addition, a new high school will open its doors in Lincoln County in fall 2006.
Seaver currently is superintendent of schools in Tyler County. In that capacity, she has directed successful programs with regard to facilities, finance and community relationships; initiated the first regular education pre-school program; developed the Five-Year-Strategic Plan for Tyler County; and completed two building projects under budget.
“I will maximize student learning by working closely with students, teachers, parents, administrators, board members and community members.” -- Dr. Anne Seaver, Lincoln County Schools superintendent
As the director of federal programs and administrative assistant to the superintendent in Mercer County, Seaver was responsible for a $3.7 million Title I Program budget and an $800,000 Title II Program budget.
She also wrote and secured School Building Authority money for facility projects in Mercer County and coordinated the development of the Ten-Year County Educational Facilities Plan.
“I embrace this opportunity to continue to improve Lincoln County Schools’ curriculum and instruction,” Seaver said. “This is an exciting time in Lincoln County as the new high school is about to open.
“I will maximize student learning by working closely with students, teachers, parents, administrators, board members and community members.”
Seaver also has dedicated time to community involvement and professional development. She is a member of the Governor’s Early Childhood Task Force, the Early Childhood Alliance and was county teacher of the year.
Seaver is expected to begin her new position by June 1.
Source: West Virginia Department of Education
Delegate describes county breakdown of School Aid Formula increases through ‘chargeback’ bill
In a previous “Legislative Alert” broadcast mailing forwarded electronically to all county board members, reference was made to House Bill 4025 relating to School Aid Formula (SAF) local share chargeback.
House Minority Leader Charles S. Trump IV, R-Morgan, supported that bill, which also was reviewed in “The Administrative Perspective” in the Jan. 13 issue of The Legislature.
According to Trump, the state Department of Education has calculated a county-by-county breakdown of how much “extra money” each county board would receive in FY07 if the bill were enacted.
Trump, in an e-mail to me, said, “[Each county’s] number would, of course, grow each year as the local levies increase.”
Some county board members have contacted Trump and other delegates and senators in support of this specific proposal or of other local chargeback proposals which may be introduced.
The Senate Finance Committee Feb. 24 approved a comprehensive bill that, among other provisions contains comprehensive local share chargeback legislation. Additionally, House Education may address local share chargeback as well.
Also refer to House Bill 4463, which is reviewed in the Feb. 13 issue of The Legislature. This measure, which has House Education Chairman Tom Campbell, D-Greenbrier, as one of its 10 sponsors, seeks to “reform the state School Aid Formula” in part by adjusting “local share” to a “90 percent rate.”
Also refer to Senate Bill 585. That is the companion to HB 4025.
Fiscal information for HB 4463 has not been made available to WVSBA. The proposed local share calculations are below.
Local Share Calculation |
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| County | 2001-2002 | 2006-2007 | Additional Funds to County |
| Barbour | $1,450,120.00 | $1,692,922.00 | $242,802.00 |
| Berkeley | $10,793,259.00 | $16,960,546.00 | $6,167,287.00 |
| Boone | $6,723,990.00 | $7,271,070.00 | $547,080.00 |
| Braxton | $2,297,113.00 | $2,318,092.00 | $20,979.00 |
| Brooke | $3,570,681.00 | $3,984,185.00 | $413,504.00 |
| Cabell | $13,789,332.00 | $15,110,361.00 | $1,321,029.00 |
| Calhoun | $835,565.00 | $1,114,508.00 | $278,943.00 |
| Clay | $1,191,746.00 | $1,548,314.00 | $356,568.00 |
| Doddridge | $1,094,252.00 | $1,664,784.00 | $570,532.00 |
| Fayette | $5,158,871.00 | $5,436,666.00 | $277,795.00 |
| Gilmer | $1,245,263.00 | $1,669,496.00 | $424,233.00 |
| Grant | $3,380,222.00 | $3,999,059.00 | $618,837.00 |
| Greenbrier | $4,869,031.00 | $7,397,707.00 | $2,528,676.00 |
| Hampshire | $3,597,119.00 | $4,980,940.00 | $1,383,821.00 |
| Hancock | $5,364,368.00 | $5,290,600.00 | $ - |
| Hardy | $2,364,702.00 | $3,268,767.00 | $904,065.00 |
| Harrison | $11,511,639.00 | $13,993,726.00 | $2,482,087.00 |
| Jackson | $4,696,677.00 | $5,696,161.00 | $999,484.00 |
| Jefferson | $7,794,944.00 | $11,996,551.00 | $4,201,607.00 |
| Kanawha | $39,354,240.00 | $44,273,777.00 | $4,919,537.00 |
| Lewis | $2,576,867.00 | $3,879,070.00 | $1,302,203.00 |
| Lincoln | $1,758,938.00 | $2,104,230.00 | $345,292.00 |
| Logan | $4,300,235.00 | $5,638,855.00 | $1,338,620.00 |
| Marion | $6,885,718.00 | $8,732,382.00 | $1,846,664.00 |
| Marshall | $6,875,798.00 | $7,608,677.00 | $732,879.00 |
| Mason | $4,254,008.00 | $4,744,700.00 | $490,692.00 |
| Mercer | $6,837,124.00 | $7,987,031.00 | $1,149,907.00 |
| Mineral | $3,123,487.00 | $3,726,687.00 | $603,200.00 |
| Mingo | $4,930,362.00 | $5,416,110.00 | $485,748.00 |
| Monongalia | $14,012,069.00 | $18,198,325.00 | $4,186,256.00 |
| Monroe | $981,205.00 | $1,138,743.00 | $157,538.00 |
| Morgan | $2,354,837.00 | $3,272,436.00 | $917,599.00 |
| McDowell | $3,023,861.00 | $4,092,884.00 | $1,069,023.00 |
| Nicholas | $4,390,673.00 | $4,480,299.00 | $89,626.00 |
| Ohio | $5,754,957.00 | $7,165,008.00 | $1,410,051.00 |
| Pendleton | $1,194,655.00 | $1,594,933.00 | $400,278.00 |
| Pleasants | $3,039,337.00 | $3,419,219.00 | $379,882.00 |
| Pocahontas | $2,048,352.00 | $3,362,669.00 | $1,314,317.00 |
| Preston | $4,467,268.00 | $5,176,053.00 | $708,785.00 |
| Putnam | $9,300,916.00 | $11,550,166.00 | $2,249,250.00 |
| Raleigh | $10,736,335.00 | $12,084,243.00 | $1,347,908.00 |
| Randolph | $3,708,500.00 | $4,504,978.00 | $796,478.00 |
| Ritchie | $1,326,276.00 | $1,819,366.00 | $493,090.00 |
| Roane | $1,562,614.00 | $1,826,695.00 | $264,081.00 |
| Summers | $1,281,046.00 | $1,685,949.00 | $404,903.00 |
| Taylor | $1,803,595.00 | $2,216,317.00 | $412,722.00 |
| Tucker | $1,634,313.00 | $2,136,686.00 | $502,373.00 |
| Tyler | $1,536,621.00 | $1,524,403.00 | $ - |
| Upshur | $3,287,948.00 | $3,771,221.00 | $483,273.00 |
| Wayne | $4,822,719.00 | $5,539,720.00 | $717,001.00 |
| Webster | $1,570,095.00 | $1,426,107.00 | $ - |
| Wetzel | $2,400,250.00 | $2,985,827.00 | $585,577.00 |
| Wirt | $479,103.00 | $529,372.00 | $50,269.00 |
| Wood | $14,368,272.00 | $15,751,970.00 | $1,383,698.00 |
| Wyoming | $3,664,009.00 | $4,227,307.00 | $563,298.00 |
Source: Del. Charles S. Trump IV (based on West Virginia Department of Education data).
House Bill 4025 may be found at: http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4025%20intr.htm
House Bill 4463 may be found at: http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4463%20intr.htm
Senate Bill 570 may be found at: http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb570%20intr.htm
For a comprehensive review of this legislation, refer to the Feb. 20 issue of The Legislature.
Editor’s Note: Trump has served as House Minority Leader since 2000. He was first elected in 1992.
Retired Air Force general hopes to teach youth about leadership, character development
Gen. Robert “Doc” Fogelsong spent most of his life serving the public as a military leader in the U.S. Air Force, but he has retired from that career. He has no intentions of slowing down but has changed course a bit.
Today’s youth are technologically far superior but lack the former skills, Fogelsong said.
Now he is seeking to mold tomorrow’s generation into upstanding citizens.
“Leadership and character development is a national problem,” he told Senate Education Committee members on Feb. 16. Today’s youth are “technologically far superior,” but lack the former skills, he said.
Fogelsong took it upon himself to curb that trend, creating the Appalachian Education and Leadership Foundation in 2003. The organization works to identify, mentor and support students who are underprivileged, but have leadership potential.
The AELF partners with Concord and Shepherd universities to conduct seminars that instill values such as personal integrity and courage. Students must sign and adhere to an honor code, and their parents are interviewed and involved to ensure they “become part of the solution and not part of the problem,” he said.
“All [these students] want is a little shape and focus,” and when they receive such, their full potential to contribute to society is realized, he added.
Although the program is not of a military nature, Sen. Jon Blair Hunter, D-Monongalia, suggested Fogelsong explore the option of partnering to some degree with Mountaineer Challenge Academy in Preston County.
Fogelsong liked the suggestion, and added that he has been “doing a lot of circuit riding” across the state to help the program gain momentum.
Students have until April 1 to apply for the program. More information on the foundation is available online at http://www.alefwv.com
- Keeling is a public relations consultant and owner of Keeling Strategic Communications, South Charleston.
From the President: It is an honor and privilege to serve as your president/Teamwork remains a prevailing theme of my tenure
I wanted to write this column to reflect upon our Feb. 17-18 Winter Conference in Charleston, but before I start, I would like to comment on our pre-conference activities.
Last Thursday morning, it was my extreme privilege to lead a delegation of about 50 school board members to the state Capitol. Several legislators and others also attended. Gov. Manchin and the First Lady presented a proclamation that pays tribute to the members of the 55 county school boards across the state for their dedication and service to public education.
This is the first time a governor of West Virginia has paid such recognition to school boards for their efforts to advance our children’s education and student achievement. It was my honor to accept the proclamation on behalf of all members of the West Virginia School Boards Association.
I extend my personal appreciation to all those members who attended the ceremony. We apologize that the presentation was not part of the scheduled Winter Conference but, due to a scheduling conflict, the governor would have been unable to attend our meeting.
Our annual West Virginia School Boards Association/West Virginia Association of School Administrators “Reception with Legislators” was held from 6 p.m. to 8 p.m. Feb. 16 at the Marriott. Although many legislators did not attend, the reception proved to be quite successful, giving school board members, superintendents and invited guests the opportunity to have open dialogue with one another. The WVSBA Executive Board meeting immediately followed the reception.
Friday morning began with a continental breakfast followed by our traditional visit to the Capitol to interface with our legislators and attend legislative sessions and committee meetings. It seems the visits were productive for most.
I hope everyone will agree that the weekend’s training was a tremendous success! A wide variety of topics were presented and I certainly hope everyone was able to find a workshop that appealed to their individual interests.
Our association’s school board training provides the opportunity for members to come together and share together! This TEAMWORK will always serve as the framework for our association’s long-term success as well as our individual personal development and personal excellence.
Tony Robbins once said that ongoing, continuous, non-stop personal development literally assures you that there is no limit to what you can accomplish.
An extraordinary compliment of speakers gave us great ideas and knowledge to take back to our counties. As I said in our first general session: As we deal with our children and their education, we must be cognizant that there is no finish line or final plateau when it comes to student achievement.
If improvement is to be continual then, too, change must be continual. Together, I know we can make this happen! I believe, with all my heart, that when we work with all the key stakeholders, education in West Virginia can become world class.
As evidenced by the presentation by Dr. Steven Paine, our state superintendent of schools, we are blessed with a highly intelligent, extremely passionate and true visionary for 21st century learning. His strong leadership in this Partnership for 21st Century Skills is critical.
I am so pleased that Dr. Paine values the input of each of us, as members of WVSBA, into the decisions he faces daily regarding ever-evolving educational strategies. He wants to hear our opinions and that is quite refreshing.
WVSBA votes to endorse Partnership for 21st Century Skills
At the conclusion of Dr. Paine’s workshop, he asked our members to endorse the Partnership for 21st Century Skills Initiative. For those of you unable to attend the Delegate Assembly meeting on Saturday morning, I would like to report that following discussion, a vote was taken to endorse the initiative with the caveat that we shall have active participation at the table during all discussions, when possible.
Strong leadership is always very important to the association’s effectiveness.
This representation is critical. As an association, we need to be able to bring any questions that could arise from our membership. If you have further questions, comments or suggestions regarding our endorsement, please feel free to contact me or Executive Director Howard M. O’Cull, Ed.D., at the WVSBA office.
Strong leadership is always very important to the association’s effectiveness. We are so fortunate to have Dr O’Cull spearheading the leadership of our organization. An integral part of the effective operations of WVSBA also lies in the leadership of the Executive Board. I am pleased to announce the following officers were elected to begin serving as association officers on July 1, 2006.
President -- Lyle Spencer (Nicholas)
President Elect -- Kim Cooper (Raleigh)
Vice President -- Carleen Frederick (Calhoun)
Finance Officer -- Sally Cann (Harrison)
I encourage all association members to pledge their support to these individuals. I have been so fortunate to receive full cooperation and support from our membership. If I have been successful, I owe that success to each of you and to Dr. O.Cull.
I have certainly felt blessed by the confidence you have placed in my abilities to serve as your president. It has truly been an honor to represent our association in all the activities and meetings I have attended as your president.
It has been a wonderful learning experience and I will forever be in your debt for the privilege.
Please mark your calendars for all upcoming WVSBA events. A complete listing was provided in your training packet but for those not able to be with us, I will list those dates already confirmed for meetings.
Orientation ’06
June 14-16, 2006
Stonewall Jackson Resort
Roanoke
WVSBA Fall Conference ’06
Sept. 22-23, 2006
Charleston Marriott Town Center
Charleston
Presidents Retreat ’06
Oct. 6-7, 2006
Snowshoe Mountain Resort
Snowshoe
The November Workshop
Nov. 4, 2006
Embassy Suites
Charleston
Presidents Retreat ’07
Nov. 2-3, 2007
Oglebay Resort and Conference Center
Wheeling
In closing, I would like to once more encourage all members of the association to continue to take an active role in all our activities. If you have not served on a standing or ad hoc committee and would like to serve, please let me or one of your new officers know.
As you continue in your board work, keep in mind that alone we can accomplish very little but together we can truly make a difference.
To be successful, this organization must continue to operate as a TEAM. (I told you that before my year was up that you would probably be tired of hearing that word!)
Vince Lombardi once said, “The achievements of an organization are the results of the combined efforts of each individual.”
As you continue in your board work, keep in mind that alone we can accomplish very little but together we can truly make a difference. Individual commitment to the efforts of the association is what constitutes real TEAMWORK.
In closing, I offer a question that I really want each of you to think about:
If you were arrested for kindness, would there be enough evidence to convict you?
Until next time…be kind to one another!
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ADMINISTRATIVE PERSPECTIVE: Busy agendas for House and Senate education committees/Bill to increase salary for beginning teachers passes unanimously
West Virginia Association of School Administrators
On Feb. 16, the House Education Committee met and took up eight bills, which I believe is the largest number at one time this session. An originating bill that would raise beginning teachers’ pay was scheduled but was pulled off the agenda because committee members were unclear about who would get how much money. They’re now scheduled to take it up at a later committee meeting. (Editor’s Note: That bill was adopted at the committee’s Feb. 21 meeting.)
Public Education bills on the House Education Committee agenda included House Bill 4544, House Bill 4126, House Bill 4546 and House Bill 4077.
HB 4544 would allow more teachers to be reimbursed for approved course work when they are working toward certification renewal or additional endorsements.
It would limit reimbursement to six semester hours per teacher, per renewal period and 15 semester hours per lifetime.
HB 4126 allows teachers who have resigned previously to recapture their seniority when they apply for a job in the future in the same county.
For those adding an endorsement, the limit for reimbursement would be six semester hours per year with no lifetime limit.
This bill passed unanimously and will now go to the House Finance.
HB 4126 was scheduled for consideration earlier, but was pulled off the agenda to clarify some committee members’ concerns. It now allows teachers who have resigned previously to recapture their seniority when they apply for a job in the future in the same county.
An amendment by Del. Mary Poling, D-Barbour, clarified that, to be eligible, teachers who quit must have done so without any ongoing investigation regarding misconduct and also clarified that, when applying for a vacancy, they would not be eligible to apply their seniority to compete with existing employees or employees Reduced In Force (RIFed).
The bill passed, but not unanimously, and has a second reference to finance.
The purpose of HB 4546 is to continue the National Board of Professional Teaching Standards certification bonus for NBPTS-certified teachers who subsequently become principals.
The language in the bill is cumbersome and it was pulled off the agenda to make sure it could be stated in such a way as to continue to pay the bonus to an individual with these circumstances only until the certification expires. Teachers can renew their National Board Certification, but if one becomes a principal, he or she cannot renew after the existing certificate expires.
HB 4077 would establish a supplement for professional personnel who hold a nationally recognized professional certification in speech-language pathology, audiology or counseling.
This bill has been in the works for some time and Jason Webb, the lobbyist for speech therapists, was there to speak about the bill.
The bill would limit the number eligible for the supplement the first year and each subsequent year, and Webb clarified that his organization is aware the state has a limited amount of money.
The bill also states that no individual is eligible for more than one supplement regardless of how many certifications they obtain.
The salary supplement would be $2,500 per year, and would also provide expense reimbursements similar to the National Board Teacher Certification program currently in law.
The committee also took up and passed HB 4253, removing the requirement that the chairperson of Shepherd University and the chairperson of the Community and Technical College of Shepherd “sit on” each other’s board of governors.
They approved HB 4547, increasing the funds available to transfer to the Prepaid Tuition Trust Escrow Fund through a transfer from the state treasurer’s unclaimed property fund.
The committee passed HB 4603, which authorizes rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree-granting institutions.
HB 4491 establishes the third week of October as Disability History Week for the State of West Virginia. The committee substitute for the introduced bill also requires that public schools integrate information about disability awareness and understanding into the curriculum that week. The bill passed and will go to the full House.
The Senate Education Committee also met Feb. 16 and heard a presentation by General Robert H. “Doc” Foglesong, who recently retired as commander of the United States Air Force Europe (USAFE).
They took up a bill originating in committee that addresses critical shortage areas and subject matter critical shortage areas.
Then they took up Senate Bill 587, which relates to increment pay for certain higher education faculty. They reviewed two more bills originating in committee and dispensed with one that exempts certain higher education institutions from the design-build procurement act, and another that requires county boards of education to maintain flood insurance on certain properties.
On Feb. 17, the House Education Committee heard a presentation by Marshall University student Ashley Moats, and members took up House Bill 4578. The purpose of this bill is to extend to June 30, 2009, 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.
House Education was previously scheduled to meet on Monday, but delayed the meeting until Tuesday morning. That meeting’s agenda included several bills, the first of which originated in committee and was written to increase the salaries of beginning teachers. It was on last Thursday’s agenda, but was pulled to make technical corrections. I discussed the bill briefly with Joe Panetta, executive director of the state Department of Education’s Office of School Finance, following the committee meeting.
He was concerned that, with the passage of this bill, record keeping for salary and years of experience would have to be separately kept because the bill calls for the definition in the salary schedule heading “Years of Experience” to be changed for teachers employed after July 1, 2006, to mean years of experience plus three years. The critical additional paragraph of law this bill contains is:
“Effective the first day of July, two thousand six, no teacher shall receive less than the amount prescribed in subsections (a) of this section for a teacher with three years experience on the applicable State Minimum Salary Schedule. Every year thereafter, each teacher will advance one step on the experience scale regardless of his or her actual years of experience.”
Several committee members spoke in favor of this bill, including Del. Brady Paxton, D-Putnam, and House Education Vice Chairman Larry A. Williams, D-Preston. Both stressed increased ability of county school systems to recruit recent graduates and, hopefully, to keep them in West Virginia.
Both teacher organizations spoke in favor of the bill, which passed by roll call vote unanimously and now goes to Finance.
House Bill 4625 was considered next. This bill is the result of a Hancock County Circuit Judge’s decision that an assistant principal is not authorized by law to discipline students.
HB 4625 changes the definition of principal to include the administrative head of the school or a professional personnel designee of the principal or the administrative head of the school. Hopefully, this will allow for needed discipline in a principal’s absence.
As noted above, HB 4546 was pulled off the agenda last week. It continues the supplement for being a National Board Certified Teacher to those who, after July 1, 2006, are employed as a principal, assistant principal or in another administrative position in an instructional leadership capacity or related to his or her area of national board certification.
This supplement would continue until the expiration of the certification. The bill passed, but not unanimously, and will now go to the Committee on Finance.
An aside, it was great to see so many county board members and superintendents and, particularly, legislators, at the West Virginia School Boards Association/West Virginia Association of School Administrators’ “Reception With Legislators” on Feb. 16 at the Charleston Marriott.
It is my understanding that the governor’s ball was later that evening and Sen. Jeffrey Kessler, D-Marshall, looked particularly charming at the reception in his formal wear. Getting a chance to talk to many legislators is always valuable to our groups.
This week’s review is a bit shorter because I have left to attend the national meeting of the American Association of School Administrators.
-- Dean is a former Regional Educational Service Agency executive director. She has a doctorate in educational administration from West Virginia University.
Bill Abstract
Education-Related House Bills
- House Bill 2141 - Prohibiting persons from soliciting contributions on public highways. Passed House 2/9/06 (Hamilton, lead sponsor). To Senate Judiciary 2/10/06.
- House Bill 2328 - Giving precedential application to written advisory opinions issued by the state Ethics Commission’s Committee on Open Governmental Meetings (Amores, lead sponsor). Passed House of Delegates 1/31/06. Referred to Senate Government Organization, then Senate Judiciary.
- House Bill 2424 - Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle (Webster, lead sponsor). Passed House 1/30/06. Referred to Senate Judiciary.
- House Bill 2548 – Establishing “The Diabetes Care Plan Act.” Requires the State Board of Education to adopt and disseminate guidelines for the development and implementation of individual diabetes care plans and to require local boards of education to implement these guidelines (Tucker, lead sponsor). Introduced in House on 1/11/06. To House Education 2/206. First reading Consent Calendar 2/16/06. To Health and Human Resources 2/21/06.
- House Bill 2607 – Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia (Leach, lead sponsor). Passed House 2/7/06. To Health and Human Resources then Senate Finance.
- House Bill 3213 - Creating the offense of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for “public conveyance” (DeLong, lead sponsor). Passed House 1/25/06. Referred to Senate Judiciary, then Senate Finance.
- House Bill 4011 - Relating to creation of a special unit within the State Police specializing in child abuse and neglect investigations (Mahan, lead sponsor). Passed House 1/20/06. Referred to Senate Government Organization, then Senate Finance.
- House Bill 4012 - Creating “Child Abuser Registration Act” (Mahan, lead sponsor). Passed House 1/20/06. Referred to Senate Judiciary, then Senate Finance.
- House Bill 4018 – Relating to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction (Kiss, lead sponsor). Passed House 2/20/06. To Senate Finance 2/21/06.
- House Bill 4019 - Relating to the preparation and distribution of the Budget Digest (Kiss, lead sponsor). Passed House 1/24/06. Referred to Senate Finance on 1/25/06. Reported do pass 2/22/06.
- House Bill 4032 – Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due (Stalnaker, lead sponsor). Passed House 2/1/06. Referred to Senate Pensions then Finance. To Finance on 2/9/06.
- House Bill 4034 – Correcting definitions applicable to the assessment of real property (Stalnaker, lead sponsor). Removing the requirement that a no longer disabled employee must return to his or her former job. Passed House 2/1/06. To Senate Pensions and then Finance 2/9/06.
- House Bill 4037 -- Correcting definitions applicable to the assessment of real property (Michael, lead sponsor). Passed House 1/19/06. Passed Senate 2/1/06. To Governor House and Senate Journal on 2/6/06. Approved by Governor 2/7/06 in both Journals.
- House Bill 4038 – Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes (Campbell, lead sponsor). Passed House of Delegates 1/19/06. Referred to Senate Education, then Senate Finance. To Education on 1/20/06.
- House Bill 4040 – Requiring voter approval prior to closure and consolidation of certain schools, includes requirement for successful petition signed by 20 percent of registered voters in county prior to ballot placement (Williams, lead sponsor). Passed House 1/19/06. Referred to Senate Education, then Senate Judiciary. To Education on 1/20/06.
- House Bill 4047 – Relating to part-time prosecuting attorneys (Pethtel, lead sponsor). Passed House 2/1/06. Referred to Education then Judiciary. Reported do pass on 2/21/06.
- House Bill 4048 – Placing limitations on the use of eminent domain (Amores, lead sponsor). Passed House 1/19/06. Referred to Senate Economic Development, then Government Organization. To Government Organization on 2/6/06.
- House Bill 4049 – Relating to state-funded student financial aid, including Promise scholarship (Campbell, lead sponsor). Passed House 1/19/06. Referred to Senate Education, then Senate Finance. Senate Education Subcommittee created to consider measure. To Finance on 2/6/06.
- House Bill 4073 – Establishing the crime of trafficking persons (Spencer, lead sponsor). Amendments pending 2/17/06. House Calendar 2/24/06.
- House Bill 4105 - Requiring persons who have judgments against them and their wages to notify the court of any change of job status or employer (Williams, lead sponsor). Passed House 2/15/06. Action deferred to Senate 2/15/06.
- House Bill 4126 – Relating to retention of seniority for the purpose of seeking re-employment for professional employees whose employment with a country board of education was terminated voluntarily (Kiss, lead sponsor). To Education then Finance on 1/26. With amendment, do pass 2/17/06 but first to House Finance.
- House Bill 4133 – Clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts in regard to enforcement of laws prohibiting the possession or use of tobacco by minors (Perry, lead sponsor). Passed House 2/3/06. To Health and Human Resources 2/6/06.
- House Bill 4204 - Relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Cancer Registry (Mahan, lead sponsor). Introduced on 1/27/06. To House Finance.
- House Bill 4240 - Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College (Wysong, lead sponsor). To Senate Education on 2/14/06.
- House Bill 4253 – Removing the requirement for dual membership of certain higher education governing board chairs (Doyle, lead sponsor). Passed House 2/22/06. To Senate Education 2/23/06
- House Bill 4256 – Providing a procedure for removal of county, district or municipal officers (Stemple, lead sponsor). Passed House 2/22/06. To Senate Government Organization 2/23/06.
- House Bill 4260 - Requiring state board review of system of education performance audits (Perry, lead sponsor). Passed House 2/15/06. Action deferred to Senate 2/15/06.
- House Bill 4283 – Providing a preference of West Virginia veterans in the awarding of state contracts in the competitive bidding process (Kiss, lead sponsor). Passed House 2/21/06. To Senate Military then Finance.
- House Bill 4291 – Relating to consideration of aggravated circumstances of neglect and abuse committed against children in the same household or blended family (Mahan, lead sponsor). Passed House 2/20/06. To Senate Judiciary 2/21/06.
- House Bill 4296 - Providing employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer (Craig, lead sponsor). Passed House 2/8/06. Action deferred to Senate Judiciary on 2/9/06.
- House Bill 4341 - Requiring that instructional support and enhancement days are held twice before Dec. 31 and three times after Jan. 1 for the instructional term (Schadler, lead sponsor). Introduced in House on 2/1/06. With amendment, do pass 2/15/06. On first reading, Consent Calendar 2/16/06. On third reading, right to amend, House Calendar 2/24/06.
- House Bill 4355 - Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the stated juvenile resides with the petitioner (Brown, lead sponsor). Passed House 2/15/06. Action deferred to Senate 2/15/06.
- House Bill 4398 - Improving the capacity of county boards of education to provide school health services (Campbell, lead sponsor). Introduced in House 2/6/06. To House Finance 2/15/06, with amendment do pass.
- House Bill 4406 - Removing the requirement to evaluate certain classroom teachers at least every three years (Perry, lead sponsor). Introduced in House on 2/6/06. Action deferred, do pass, 2/15/06. Passed House 2/20/06. To Senate Education 2/21/06.
- House Bill 4447 - Authorizing county boards of education to lease school buses for transportation associated with fairs, festivals and other educational or cultural events (Perry, lead sponsor). Passed House 2/15/06. Action deferred; Referred to Senate 2/15/06.
- ouse Bill 4472 – Including family court jurisdiction in all proceedings concerning grandparent visitation (Kominar, lead sponsor). Do pass Consent Calendar 2/22/06.
- House Bill 4481 – Establishing a permissive provision for using ballot-scanning devices for election night tabulations (Amores, lead sponsor). Passed House 2/20/06. To Senate Judiciary 2/21/06.
- House Bill 4488 – Creating a commission to complete a comprehensive study of the state’s behavioral health system (Perdue, lead sponsor). Passed House 2/22/06. To Senate Health and Human Resources 2/23/06
- House Bill 4489 – Testing of electronic voting machines used for early voting in order to allow their use on election day (Morgan, lead sponsor). Passed House 2/22/06. To Senate Judiciary 2/23/06.
- House Bill 4491 – Establishing the third week of October as Disability History Week for the State of West Virginia (Kiss, lead sponsor). Passed House 2/22/06. To Senate Education 2/23/06.
- House Bill 4544 – Allowing for more teachers to be reimbursed for approved course work (Campbell, lead sponsor). To House Finance 2/17/06.
- House Bill 4546 – Continuing additional compensation for holders of national board for professional teaching standards certification who are subsequently employed in principal and assistant principal positions (Campbell, lead sponsor). To House Finance 2/21/06.
- House Bill 4547 – Increasing the funds available for transfer to the Prepaid Tuition Trust Escrow Fund in certain circumstances (Campbell, lead sponsor). To House Finance 2/17/06.
- House Bill 4578 – 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 (Perry, lead sponsor). Passed House 2/23/06. To Senate 2/23/06.
- House Bill 4603 – Authorizing rules for Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree granting institutions (Campbell, lead sponsor). Passed House 2/22/06. To Senate Education 2/23/06.
- House Bill 4625 – Extending certain authority to professional personnel designee of school principal (Campbell, lead sponsor). Third reading House Consent Calendar 2/24/06.
- House Bill 4683 – Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency that constitutes a crime punishable by incarceration if committed by an adult (Amores, lead sponsor). On second reading, Special Calendar.
- House Bill 4689 – Increasing beginning teacher salaries (Campbell, lead sponsor). On third reading, Special Calendar 2/24/06.
Education-related
Senate Bills
- Senate Bill 7 – Establishing “Flood Protection Planning Act” (Bailey, lead sponsor). Passed Senate 1/31/06. Referred to House Government Organization, then House Finance. Introduced in House 2/1/06.
- Senate Bill 13 – Requiring cross-reporting of suspected abuse or neglect of individuals or animals (Yoder, lead sponsor). Passed Senate 1/24/06. Referred to House Judiciary.
- Senate Bill 49 - Allowing county boards to enter into lease-purchase agreements (Hunter, lead sponsor). Introduced in Senate on 1/11/06. To Finance on 2/10/06.
- Senate Bill 57 – Relating to designation and operation of traffic signal as flashing signal (Hunter, lead sponsor). Passed Senate with amended title 2/3/06. To House Roads and Transportation 2/6/06.
- Senate Bill 127 – Relating to Regional Education Service Agencies (Tomblin, lead sponsor). To Education 1/12/06. To Finance 1/15/06.
- Senate Bill 187 – Requiring uniforms for public school students (Chafin, lead sponsor). To Senate Education 1/17/06. Tabled by Senate Education.
- Senate Bill 236 – Expanding definition of child abuse to include parental alcohol and substance abuse (Prezioso, lead sponsor). Passed Senate 2/20/06. To House Judiciary 2/21/06.
- Senate Bill 245 – Creating the Consolidated Local Government (Bowman, lead sponsor). Passed Senate 2/17/06. To House Government Organization 2/20/06.
- Senate Bill 370 – Creating personal property tax exemption for farm equipment and livestock (Helmick, lead sponsor). Passed Senate 2/1/06. To Judiciary then Finance 2/8/06. Passed House 2/13/06. Effective July 1, 2006.
- Senate Bill 371 – Reducing severance tax on timber (Helmick, lead sponsor). Passed Senate 2/1/06. To House Finance 2/2/06.
- Senate Bill 390 -- Authorizing Board of Examiners of Psychologists to promulgate legislative rule relating to qualifications for licensure as psychologist or school psychologist (Minard, lead sponsor). To Education 2/1/06. To Senate Judiciary 2/10/06.
- Senate Bill 442 -- Changing expiration date of graduated driver’s license (Kessler, lead sponsor). Passed Senate 2/3/06. To House Roads and Transportation then Judiciary 2/6/06.
- Senate Bill 483 – Providing confidentiality of circuit court records involving guardianship of minors (Kessler, lead sponsor). Introduced 2/2/06 – Effective from passage. To House Judiciary 2/8/06.
- Senate Bill 545 – Relating to workers’ compensation benefits for schools personnel (Plymale, lead sponsor). To Senate Education 2/9/06.
- Senate Bill 587 – Relating to increment pay for certain higher education faculty. (Edgell, lead sponsor). On second reading to Finance 2/17/06.
- Senate Bill 631 – Relating to criminal school truancy complaints (Kessler, lead sponsor). Passed Senate 2/22/06. To House Education 2/23/06.
- Senate Bill 634 – Exempting certain higher education development projects from Design-Build Procurement Act (Plymale, lead sponsor). Passed Senate 2/21/06. To House Education 2/22/06.
- Senate Bill 635 – Requiring county boards to maintain certain flood insurance (Edgell, lead sponsor). Passed Senate 2/21/06. To House Education 2/22/06.
Senate Concurrent Resolution
- SCR 4 - Requesting Board of Education establish position to oversee school libraries (Edgell, lead sponsor). Adopted by Senate 2/2/06. Introduced in House 2/3/06.
In Brief
Calming fears of metro government
Without debate, and on a 27-7 vote, the Senate passed a bill on Feb. 17 that would allow cities and counties to combine and form “metro governments.” Sen. Brooks McCabe, D-Kanawha, a chief proponent of the legislation, said he and Senate leaders would begin working with the House of Delegates to secure the bill’s passage.
The House has been the stumbling block the last several years.
Many lawmakers feared that residents in rural, unincorporated areas would be swallowed up and made part of a city.
To allay those fears, senators crafted the bill to have votes from a county’s largest city counted separately from the remainder of votes. Each of the two “areas” would have to approve metro government by a 55 percent majority.
The bill also says cities cannot impose municipal taxes beyond city lines when a metro government is formed, and would allow smaller towns to maintain their own identity.
Proponents say the measure allows the state to take advantage of efficiencies of scale, although the biggest fear of the plan comes from unincorporated regions.
McCabe said he would spend time educating House members about the bill.
“Hopefully, we’ll eliminate the fear factor,” he said in The Charleston Gazette.
The bill has been introduced the last two legislative sessions.
Bye, bye Budget Digest
Although Senate Finance Chairman Walt Helmick had expressed reservations about a House-backed plan to end the controversial Budget Digest, that legislation is headed to passage in the state Senate.
Helmick and other senators say, however, that the Legislature’s ability to fund homegrown projects will continue.
“We have to make a new way of doing things, we have to do away with what we’ve got,” he said.
Helmick said in The Charleston Gazettethat doing away with the controversial Budget Digest became an issue because of its perception. “The perception – which becomes the reality – is that it’s bad, and there’s something shadowy about it.”
According to legislators, Budget Digest allocations amount to about 1 percent of the state’s budget – up to about $35 million – for what some critics say are pork-barrel projects.
Digest funding has resulted in numerous court challenges since 1991.
Helmick said legislators will turn to other avenues to give them “flexibility” for funding local projects, including the governor’s civil contingency fund.
Some legislators said Digest problems – or problems of perception – arise in the House, which does not “allocate” a certain amount of Digest dollars for each member – as the Senate does.
The result is that some powerful House legislators receive most of the Digest funds, according to critics.
Legislators: Budget surplus should go to pensions
The Charleston Daily Mail reports that House and Senate leaders agree with the governor in his plans to raise the ceiling on the state’s main reserve fund, but say the available dollars should go to state pension funds to address unfunded liabilities.
State law now directs half of any budget surplus – expected to be $337.9 million –with Gov. Joe Manchin reportedly wanting to bank those funds, with House leaders agreeing.
According to the Daily Mail, Speaker Bob Kiss, D-Raleigh, and his leadership team want to pour an additional $1 billion, over a three- to five-year period, into state pension funds.
The Teacher’s Retirement System, in particular, faces a $4.9 billion shortfall between assets and promised benefits.
Lawmakers want more kids in CHIP
Legislators may begin to provide more money to meet insurance needs of children in the state.
According to the Charleston Gazette, legislation to increase eligibility for the state’s Children’s Health Insurance Program (CHIP) up to 300 percent of the federal poverty rate has advanced in the state senate.
The 300 percent increase is a jump from the current 200 percent threshold, and would mean an additional 3,000 children could be served by the program, covering families of four with incomes of up to $60,000 per year.
The bill would cost the state slightly more than $1 million, according to Senate Health and Human Resources staff.
CHIP provides health coverage for about 25,000 children, with state Department of Health and Human Resources officials requesting $10 million in state funding for FY07. These dollars would be matched with approximately $40 million in federal funds.
The program, designed to provide health insurance for youths without coverage, was enacted during the Wise Administration.
Gambling proposal dies on operating ‘table’
House of Delegates leaders decided late last week not to consider a bill making gambling legal at the state’ four racetracks.
Racetrack proponents made several pitches for the proposal which, as most legislative leaders and observers thought, would have to clear the House first. The Senate has adopted the measure, with the legislation dying in the House.
According to news media accounts, there were several reasons for the legislation’s demise, including the share of revenue the state would receive; dedication of any revenue; and, probably most importantly, whether voters could have a chance, through subsequent election, to prohibit the racetrack gambling.
For the table games to have become legal, voters in Kanawha, Jefferson, Ohio and Hancock counties would have to approve the measure through local referenda.
Racetrack officials say efforts to legalize table games in neighboring states, particularly Pennsylvania, should be a cause of concern to the state for loss of potential revenue and for loss of tourism dollars, although at least one news media account said that most racetrack visitors are from out-of-state, including a significant influx of gaming aficionados from North Carolina who frequent Kanawha County’s Tri-state Racetrack and Gaming Center in Cross Lanes.
The Register-Herald of Beckley reported that Sen. Andy McKenzie, R-Ohio, blamed House Speaker Bob Kiss for thwarting action on gambling, saying that Kiss was the holdup on the legislation for the last two years.
Kiss denied the allegations.
Supreme Court will hear Fayette consolidation case
The state Supreme Court voted 3-2 to enter the school consolidation fray, once again – this time in Fayette County.
At issue is the closure of Gauley Bridge High School, which Fayette officials have tried to close for more than a decade.
As with most such cases, a Gauley Bridge citizens’ group alleges the board did not follow state Board of Education guidelines relating to the closure -- a point a Kanawha County Circuit Judge agreed with.
The state Supreme Court voted last fall to grant the Fayette County Board an emergency stay until judges could decide whether they want to hear the case.
Stopping juvenile mentality on bill sponsorship
“You can’t be on my bill.” That’s about the refrain some House of Delegates members say is used to thwart members from signing on to legislation, especially if it involves opposite parties.
The House is poised to adopt a plan that might allow bills to be introduced with signatories, a practice that used to occur, according to House Clerk Gregory M. Gray, and a practice that the California Assembly and New Mexico Senate follow.
In discussing the matter with the Charleston Gazette, House Speaker Bob Kiss, D-Raleigh, said, “[Delegates] need to stop this eighth-grade mentality of ‘You can’t be on my bill,’” which was played out last year when Republican Del. Cindy Frich of Monongalia County tried to add her name to a bill relating to her district.
She met opposition from the rest of the Monongalia County delegation.
One result of that incident and similar situations was the House’s decision to allow up to at least 11 bill sponsors, based on the number of delegates from Kanawha County, the largest delegate district.
Graham pleads not guilty to indictment
The executive director of the Wyoming County Council on Aging pleaded not guilty to federal embezzlement, fraud and tax charges.
He was indicted in January on 21 counts, including a charge of embezzling $356,000 from the senior services agency and filing 12 false tax returns. He is also accused of engaging in illegal banking transactions.
He entered his plea in U.S. District Court in Beckley, was released on a $10,000 surety bond and is scheduled for trial April 12.
Graham made headlines in 2004 when newspapers revealed he was earning more than $450,000 in annual compensation.
Commentary
Guest Perspective: Kids Count’s book details new study of early literacy practices in West Virginia/Results will be used to help parents and caregivers prepare young children to learn to read
The West Virginia Kids Count Fund spent the past year studying how adults in five counties lay the “Building Blocks of Early Learning” with young children, and the results were released Jan. 30 as part of the “2005 KIDS COUNT Data Book.”
The Kids Count study found the vast majority of adults believe love, talk, rhyme, read and play are very important to preparing young children to read, but adults are less clear about when these activities should begin and how they can be incorporated into their busy lives.
Kids Count is using the study results to develop a grassroots campaign to improve how parents and caregivers prepare young children to learn to read.
To our surprise and delight, we found most people are very familiar with the key Building Blocks of Early Learning – love, talk, rhyme, read and play.
The problem is they are not sure about when they should begin these activities, what exactly they should be doing with children to prepare them to read, or how they can work love, talk, rhyme, read and play into their already crowded daily schedules.
So, we are launching a campaign to show parents and caregivers that preparing children to learn to read is a simple “Every day, Every way!” undertaking.
In addition to highlighting Kids Count’s research of early literacy practices, the “2005 KIDS COUNT Data Book” continues to track key indicators of child well-being in West Virginia. There have been dramatic declines in infant deaths, teen births, teen violent deaths and juvenile delinquency during the past 13 years.
This means that we are making great progress in the overall well-being of West Virginia’s children. The high school dropout rates and child poverty rates remain stagnant and, if not addressed, represent a serious threat to West Virginia’s economic future.
It’s time to take a serious look at our stalled efforts to reduce the number of dropouts. We can and we must do better. West Virginia’s ability to prosper is directly tied to our ability to produce a well-educated work force.
Highlights of Kids Count’s early literacy study
In 2004, Kids Count published a special report on how young children learn to read and why it is critical to West Virginia’s future.
This year, Kids Count conducted a random-sample telephone survey of 608 West Virginia adults in Kanawha, Lincoln, Mason, Putnam and Roane counties to determine their awareness and practice of early literacy concepts.
Kids Count has used the survey and focus group research to develop a campaign to increase the amount of time parents and caregivers spend preparing young children to learn to read.
The phone survey revealed extraordinarily high levels of awareness of five key factors in preparing children to learn to read.
About 99 percent of adults surveyed agreed that showing love and affection was very important; 97 percent said reading to young children was very important; 89 percent deemed rhyming and singing as very important; 88 percent identified talking to children as very important; and 83 percent thought play and exploration were very important.
While awareness of the Building Blocks of Learning was high, there was less agreement about when these practices should begin. When asked what age is most important to begin preparing a child to learn to read, most people cited age three. Only 15 percent indicated age one. Yet, experts agree that preparing children to learn to read begins at birth.
People who had a high school education or less, or an income below $30,000, were even less likely to cite age one as the best time to start preparing children to learn to read (about 10 percent).
A random telephone survey revealed extraordinarily high levels of awareness of five key factors in preparing children to learn to read but only 15 percent said the preparations should begin at age one. Yet, experts agree that preparing children to learn to read begins at birth.
To further probe the survey results, Kids Count conducted two rounds of focus groups to 1) understand more about what parents and caregivers were doing to prepare young children for reading; 2) to identify barriers to good early learning practices; and 3) to develop messages and materials to encourage parents and caregivers to spend more time preparing children for reading.
Kids Count has used the survey and focus group research to develop a grassroots campaign to increase the amount of time parents and caregivers spend preparing young children to learn to read. Launched Feb. 21, the “Every day, Every way!” campaign will target Women, Infants and Children (WIC) program participants in Kanawha, Lincoln and Putnam counties, as well as family day care providers in Braxton, Fayette, Greenbrier, McDowell, Mercer, Monroe, Nicholas, Pocahontas, Raleigh, Summers, Webster and Wyoming counties.
Parents and providers who participate in the project will be given an early literacy “toolkit.” The toolkit will include simp