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Key education proposals among House, Senate bills as time grows short for action

 

Editor’s Note: The following is a listing of Senate Education Committee measures approved during the past four committee meetings – Feb. 28, Feb. 26, Feb. 21 and Feb. 19. Due to the West Virginia School Board Association Winter Conference, Feb. 19 and Feb. 21 committee action was not reported in the Feb. 21 issue of The Legislature. This includes details regarding bills adopted in those meetings as well as this week. The bills covered relate to public elementary and secondary education. For more information regarding the current posture of any of the bills reported, refer to the Bill Almanac. 

House PSSP bill sent to subcommittee.
Sen. Education Committee Chairman Bob Plymale, D-Wayne, has referred House Bill 4558, a measure that revises the state Public School Support Plan (PSSP), to a subcommittee appointed earlier in the session. That action occurred at the Feb. 28 Senate Education meeting.

Headed by Sen. John Unger, D-Berkeley, Plymale said he hopes the subcommittee will make its report Tuesday or before, Tuesday being the 56th day of the 60-day session and likely one of the last times Senate Education will meet this session.

The 60-day session ends next Saturday.

According to various sources, the Senate Education leadership may make some changes in the House legislation, meaning it might be sent to a conference committee for ironing-out differences unless the House and Senate mutually agree to changes. Members of the subcommittee include: Sens. Unger, Edgell, Hunter, Wells, White, Boley and Hall. (Political party affiliations and related information omitted for space consideration.)

As of Thursday, Feb. 28, there has been no announced date for the subcommittee meeting, although House and Senate Education Committee leadership reportedly have met to discuss the matter.

In other deliberations Thursday, Senate Education Committee approved the following bills:

Driver’s license bill
House Bill 4023. This is the governor’s “driver’s license” proposal as amended by the House of Delegates Education and Judiciary Committees. It was adopted without amendment in Senate Education and has a second reference to Senate Judiciary. The bill was amended in the House so students would have to make “satisfactory progress toward” graduation to secure or maintain a driver’s license.

The bill also addresses withdrawal of a license for certain disciplinary infractions and has an appeals mechanism to the county superintendent. The measure also would add a Driver’s Eligibility Certificate as a requirement prior to one receiving his or her driver’s license if under age 18.

The Driver’s Eligibility Certificate would itemize the following:

• That the student is enrolled and making satisfactory progress toward graduation.
• That student does not have more than 10 consecutive or 15 total days of unexcused absences during the current and previous school semesters.
• That the student has not been suspended or expelled for Safe Schools violations during the current and previous school semesters.
• That the student has not been suspended for more than 10 days during the current and previous school semesters.

There are several other bill provisions, including a requirement the state Board of Education develop rules to implement the legislation as well as procedures relating to license withdrawal and reinstatement.

 

CPR instruction

House Bill 4124. This legislation, as amended by Senate Education, would require that Cardiopulmonary Resuscitation (CPR) be taught as part of the health education curricula in Grades 6-12 as a county board considers appropriate.

The state board in consultation with the state Department of Health and Human Resources is to promulgate a rule adopting course curricula requirements and instructional materials.

Commenting on the bill, Sen. Ron Stollings, D-Boone, said “our society will be better-served by the passage of this bill.” Stollings is a medical doctor.

 

Automatic chains on buses

House Bill 4407. This bill would require automatic tire chains to be standard equipment on school buses purchased after July 1, 2009, to be used “during inclement weather when road conditions require their use.” Its provisions apply to all buses publicly owned and operated used for transporting public school students as contracted by county boards.

Del. Tim Ennis, D-Brooke, a bill sponsor, answered several members’ questions about the need for the legislation, particularly if newer technology would make the automatic tire chains obsolete or if the required equipment would add costs to county boards. Ennis said the chains are being used in some counties and that as new equipment or technology becomes available, bus specifications will address these changes.

In answer to a question from Sen. Vic Sprouse, R-Kanawha, Ennis said it would be difficult to require the equipment on some buses but not all vehicles. “It snows everywhere,” he said.

Unger also questioned use of the tire chains on paved highways as well as whether the equipment was needed in “urban counties.”

The chains cost about $2,500 per bus or about $623,084 for the state’s 2,992 active fleet buses, according to the state Department of Education. The bill has a second reference to Senate Finance.

 

Feb. 26 action

Meeting Tuesday, Feb. 26, Senate Education adopted House Bill 4125. That measure would provide classroom teachers and librarians $100 – currently $50 -  for use in purchasing classroom materials and supplies. The faculty senate amount per teacher as allocated through the state Public School Support Program would remain at $200 for professional instructional personnel. The bill has been referred to Senate Finance.

 

Transfer of personnel working with exceptional students

House Bill 4778. That proposed legislation would prohibit paraprofessionals, interpreters or aides who work one-on-one with students having exceptionalities from transferring to another position until after the fifth day prior to the beginning of the instructional term as well as during the instructional term itself. Similar legislation was approved last year for autism mentors or aides with autistic students.

 

Feb. 21 deliberations
Meeting Feb.21, Senate Education approved: AFT/state School Service Personnel legislation relating to school disruptions.

Senate Bill 594. That measure is the same as House Bill 4368. It would address efforts to improve discipline in schools partly through use of Local School Improvement Councils (LSICs) to study discipline, making reports to the county superintendent, with copies on file at county board offices. The legislation is intended to reduce school violence and disorderly conduct. Unlike the House measure, the bill would require county boards to conduct town hall style meetings.

The School Board Association was successful in having that provision amended so these meetings would be official meetings of the board and, thus, compensable. According to sources, the bill may go to conference over a provision that would require a bus operator to be added to the LSICs. There is some concern work on the council would affect job duties.

 

Alternative teacher preparation programs
Senate Bill 611. That bill would require the state Board of Education to promulgate a rule for the “approval and operation of alternative education programs to provide a route for teachers who hold a valid West Virginia teaching certificate to obtain an additional endorsement or endorsements in another area or areas of certification granted by the West Virginia Department of Education.”

The state board is required to report on its proposed rule at the July 2008 Legislative Oversight Commission on Education Accountability (LOCEA)  interim meetings or as “soon thereafter as practical prior to implementation of the programs.” The alternative preparation program is to provide “instruction through a program agreed upon by the state superintendent and a research and doctoral degree-granting public institution of higher education in this state…” in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity.”

 

Teacher shortages addressed
In its Feb. 19 meeting, Senate Education OK’d “Teacher Shortage Incentive Pilot Program” Senate Bill 223. That proposal would create “The Teacher Shortage Incentive Pilot Program” which is to exist for one year from the bill’s initial effective date.

The bill defines “geographic shortage area” as any classroom teacher position in either Berkeley County or Jefferson County for which an opening is posted, and “subject matter shortage area” as any classroom teacher position requiring certification in the subjects of math, science or foreign language for which an opening is posted.

For each position in a county that is either a geographic shortage area or a subject matter shortage area, the state Board of Education is required to distribute funding that may be used by the county to address teacher shortages through one or more of the following methods:

1. A bonus,
2. a tax credit,
3. tuition reimbursement or
4. a housing allowance.

Funding plan
To receive the funding, a county must submit a plan to the state board no later than April 15 and the plan must be approved by the state board. The plan has to include things such as the methods the county will use for addressing teacher shortages and how the method(s) will be implemented. The bill also requires the plan include provisions such as:

• A classroom teacher is not eligible for any of the benefits unless he or she has accepted an offer of employment in either a geographic shortage area or a subject matter shortage area.
• A classroom teacher is not eligible for any of the benefits unless he or she has been offered employment on or after the date the plan is approved.
• A classroom teacher is not eligible for any of the benefits if he or she has been employed in a geographic shortage area or a subject matter shortage area position within the 12 months immediately preceding his or her hire.
• No classroom teacher is eligible to receive the bonus or the tax credit more than once.
• Any bonus payment has to be a lump sum payment on the effective date of the employment.
• If a classroom teacher receiving a benefit voluntarily discontinues employment or voluntarily accepts another position of employment that renders the teacher ineligible for the benefit within three years of becoming eligible for the benefit the teacher would be obligated to pay a pro rata portion of the value of the benefit back to the county board.

The WVBE is required to coordinate with the Department of Revenue in developing a procedure for reimbursement of any revenue lost as a result of the credit. Payment of any amounts to counties is subject to the availability of funds.

A special account is established entitled the Teacher Shortage Incentive Pilot Program Fund. Accordingly, 40 percent of the moneys appropriated to the fund are to be distributed to the counties for addressing geographic shortage area positions and 60 percent is to be distributed to the counties for addressing subject matter shortage area positions.

 

LOCEA reporting
The state Department of Education is required to report to LOCEA after the one year pilot program has elapsed certain information related to the pilot program and recommendations for establishing a permanent program for addressing teacher shortages.

Senate Bill 573. This proposed school employee salary bill would provide teachers a $1,600 across-the-board pay increase, with an additional $400 going to classroom teachers. Service personnel would receive a $70 across-the-board pay increase.

Senate Bill 593. This proposal would clarify that if a county board having a library funding obligation due to a local bill adopted by the Legislature must continue to pay the obligation up to the difference between a county boards’ local share and its regular levy revenues. It also provides that if a county board chooses to transfer the library funding obligation to its excess levy:

• The obligation remains an obligation of the regular school levy revenues until the fiscal year the excess levy is effective or would have been effective if it passed.
• A county’s library obligation on its regular levy revenues is void effective the fiscal year the excess levy is effective or would have been effective if it passed.
• Additionally, the measure specifies that if a county board chooses to transfer the library funding obligation to its excess levy, the obligation must be a specifically described line item of the excess levy.

The bill also provides that if a county board chooses to transfer the library obligation to its excess levy, the library funding obligation also must be made a part of any subsequent excess levy. Finally, the measure would correct an inconsistent effective date for calculating local share under the assumption that all properties are assessed at 60 percent of market value.

 

Principals’ personnel recommendations

Senate Bill 625 approved. This measure would require principals to make recommendations to the superintendent relating to the assignment, dismissal, etc. of personnel assigned to the school under the principal’s control. The bill also would add the principal’s recommendations to the seven existing criteria to be considered when hiring professional personnel. It would increase the principal’s increment by two percentage points.

 

Textbook fees
Senate Bill 635. That bill would authorize the state Board of Education to set and collect review fees from publishers participating in the state instructional materials adoption procedures.

Senate Bill 663 would increase the pay grade for cafeteria managers from Pay Grade D to Pay Grade E.

Senate Bill 714. This would allow teachers who are receiving the salary bonus for National Board of Professional Teaching Standards (NBPTS) certification to continue to receive the bonus after becoming employed as a principal, assistant principal or in another position in an instructional leadership capacity.

 

PROMISE Summer Internship Program
Senate Bill 747. That proposed legislation would require PROMISE Scholarship recipients to register with a Workforce West Virginia One Stop Center to participate in at least one paid internship while receiving the scholarship if the center determines a suitable placement is available.

Other provisions:

• Students may participate in one or more additional summer internships, apprenticeships, or unpaid volunteer work experiences, through the center, if available.
• Businesses interested in participating are required to register available internships with the center and the center hosts job fairs for businesses to meet prospective interns.

The Governor’s Workforce Investment Division is responsible for supporting the summer internship program by providing services including recruiting business partners to participate; developing and disseminating standardized evaluation forms; and preparing an annual report to the Governor by Jan. 1  on the effectiveness of the program and any programmatic or procedural changes needed.

 Each local center collects and analyzes evaluations done by the business partners and provides a summary to the division including data on job offers students receive as a result of the program. The center forwards each evaluation to the career planning and placement center of the appropriate participating institution.

House approves measure that would allow veterans to share their experiences with students in educational setting

Editor’s Note: The following is a compilation of House Education Committee bills adopted Feb. 21 and Feb. 28. Legislation approved Feb. 28 is covered briefly in “The Administrative Perspective.” House Education bills approved Feb. 19 are covered in the Feb. 21 issue of The Legislature online newsletter.

Meeting Feb. 21, House Education Committee approved:

House Bill 2697. This measure would create the "West Virginia Remembers Program." The objective of the program is to provide a “forum wherein children in the public schools may learn about military service, patriotism and courage in the defense of our country from veterans who volunteer to share their experiences in the educational setting.”

For the program to become effective, the state Board of Education would require:

1. The program is not a part of the required curriculum;
2. Presentation of the program in any classroom is the option of the classroom teacher; and
3. A process is established for soliciting speakers from veterans groups and identifying available speakers.

 

House Bill 4554. This bill would allow bus operators with “regular employee status and continuing contract status (to take competency tests) biennially.” For these individuals, competency tests could not be “administered more frequently.” The bill requires competency tests for substitute bus operators or for bus operators with regular employee status but on a probationary contract to be “administered annually.”

House Bill 4472. This proposal would require a county school board to wait 10 days before posting a new job opening following the death of a school employee.

Note: Higher education proposals will be covered in the March 3 issue of The Legislature as will copies of originating House Education Committee resolutions which were not available at deadline.

 

Key legislation explained and status listed

As usual each year, measures of interest to educators are among key legislation considered by the Legislature at its 2008 session nearing an end. Bills listed here have been passed by either the House of Delegates or Senate. Senate Bills are listed first. For more information regarding these measures, as introduced, refer to past issues of The Legislature.

 

Legislation would establish Office of Oral Health

Senate Bill 235. The intent of this legislation is to establish an Office for Oral Health within the Bureau of Public Health. The director would operate under auspices of a 15-member advisory board. One member would represent the state Department of Education.
Among duties specified in statute, the new office would “design (programs) that assure children entering (Grades K, 2 and 6) have an oral health exam and appropriate preventative programs, including recommendations for potential funding sources.”

The measure originated in Senate Government Organization Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb235%20intr.htm 

Also refer to House Bill 4074. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4074%20SUB.htm

 

Measure would allow senior citizens’ tax deferments

Senate Bill 239. This measure would allow senior citizens to defer property tax payments. Restrictions include income, age and property descriptions. The tax deferment could be granted only if the tax burden is $300 or greater. Several provisions relate to enforcement, property assessment and penalties for fraud.

The original measure was proposed by the governor. This bill originated in Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB239%20SUB1%20eng2.htm

 

Bill provisions relate to ATV regulations

Senate Bill 567. One provision of this 42-page bill would prohibit all terrain vehicles from being operated on paved roads. There are several other sections. The measure originated in Senate Finance Committee. Six Senate sponsors include lead sponsor Sen. Jeffrey Kessler, D-Marshall, is Senate Judiciary chairman. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB567%20SUB2.htm

 

Measure would prohibit discrimination based on “sexual orientation” as defined by bill

Senate Bill 600. This bill would prohibit discrimination based on “sexual orientation” in terms of “employment”/public accommodations and housing. The bill amends several statutes relating to the state’s Human Rights Commission.

The term “sexual orientation” would be defined as “heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived.” Bill provisions would not apply in cases of religious organizations or nonprofit organizations “(where) discrimination is based upon a bona fide religious purpose or religious belief or where application of the provisions (of this law) would violate a stated tenet of the nonprofit organization.”

The bill passed the Senate 32-0. Nine original Senate sponsors included lead sponsor Sen. Brooks McCabe, D-Kanawha. The bill originated in Senate Judiciary Committee. It has been referred to the House Judiciary Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB600%20SUB1%20eng.htm

 

Bill would make terroristic threats a felony

Senate Bill 627. Under terms of this proposed legislation, a terroristic threat is a felony regardless of intent to actually commit  threatened act.(According to the Bill Note, this bill would clarify existing law.) Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb627%20org.htm

 

Proposal makes revisions in grievance procedure legislation enacted in 2007

Senate Bill 780. This proposal would make technical changes in the state’s West Virginia Public Employees Grievance Procedure, as instituted in 2007. One significant change is to delete “mediation-arbitration” as a grievance procedure option. The bill also would increase the time in which to hold a Level I hearing and add “private arbitration.” There are several technical corrections. There are 11 Senate sponsors, including lead sponsor Sen. Ed Bowman, D-Hancock. The measure originated in Senate Government Organization Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb780%20org.htm

 

Measure would change use of “alcoholic beverages” to juvenile offense

Senate Bill 785. This proposal would change the use of “alcoholic beverages” by minors from a status offense to a “juvenile delinquent offense.” Originating in Senate Judiciary Committee, there are 10 sponsors, including lead sponsor Senator Kessler.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb785%20org.htm

 

Proposed constitutional amendment relates to exempting manufacturing inventory from property taxation; Similar Senate Bill would accomplish similar purpose

Senate Joint Resolution 12. This joint resolution would, if adopted as a constitutional amendment, exempt “tangible personal property in the form of manufacturing inventory and equipment…” from ad valorem taxation. The measure was on the House Constitutional Revision Committee agenda Feb. 27, but that meeting was canceled.

It is estimated the bill would result in a loss of about $22 million in tax revenues. Senate Bill 782 which literally accomplishes the same purpose would result in a loss of about $21 million in local tax revenues, and is based on a “salvage value” mechanism. That term is defined as “the lower of fair market salvage value or (5 percent) of the original cost of the property” as a means of tax assessment. Both sets of figures have been compiled by the West Virginia Association of Counties (WVACO), based on state Tax Department estimates.
                 
The original resolution was introduced on behalf of the governor. Senate Bill 782 originated in Senate Finance Committee. There are 15 Senate sponsors, including lead sponsor Sen. Walt Helmick, D-Pocahontas, Senate Finance Committee chairman. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb782%20org.htm

The HJR12 reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/rs/BILLS/SJR12%20SUB1%20eng.htm

 

Bill would increase legislators’ pay

House Bill 4076. This bill would increase legislators’ pay from $15,000 to $20,000 per calendar year. The measure would be effective in 2009. The measure also increases pay for legislative leadership and provides lawmakers $131 in per diem pay – a $16 increase. The bill was adopted by the House Tuesday. Legislators last received a pay increase in 1994. The original bill amended laws relating to state employees’ salary increases. The measure originated in the House Finance Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4076%20ENG%20SUB.htm

 

Measure would prohibit mandated communications about politics and labor issues

House Bill 4132. This measure would prohibit employers from mandating communication with employees regarding certain employer beliefs and activities, including politics and labor issues.

The legislation is intended to “…protect every employee's right of privacy, and to protect his or her right of freedom to withdrawal, without penalty, from any employer speech that constitutes political matters, and that the employee finds objectionable.”

It would appear, based on the definition of “employer,” that the bill would apply to county boards in that its provisions are applicable to “…(any)…governmental body or unit or agency, or any other entity (whether its principal activity is for-profit or not-for-profit) situated, doing business, or conducting its principal activity in the state and who employs (12) or more persons within the state for (20) or more calendar weeks in the calendar year...”    

Employee is defined as “…a person who performs a full or part-time service for wages, salary, or other remuneration under a contract of hire, written or oral, express or implied, for an employer…”

Employers or their representatives would be prohibited from communicating with employees regarding political matters. That term would be defined as “…the expression of opinions and beliefs relating to, or the encouraging or discouraging of participation in, any political or labor activity which does not have any reasonable relationship to the daily job responsibilities of the employee…”

Given these definitions, the bill states that no “employer or an employer's agent, representative, or designee may require its employees to attend a meeting with the employer or its agents, representatives, or any invitee of the employer, when the primary purpose is to threaten, intimidate, compel, force or coerce an employee to adopt the employer's opinions or beliefs about political matters.”

Employers could not fire, discipline or “otherwise penalize or threaten to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith complaint, verbally or in writing, of a violation or suspected violation of this section.”

Complaints would be filed with the state labor commissioner who could assess fines ranging from $500 to $2,500 per violation. Civil actions also could be brought against employers.

Six House sponsors included lead sponsor Mike Burdiss, D-Wyoming. The measure has been referred to Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4132%20SUB.htm

American made American Flags

House Bill 4150. This proposal would require the purchase of American-made flags if state or local funds are used to make the purchases. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4150%20SUB.htm

 

Stalking would be felony if involving minor

House Bill 4484.  This measure relates to the crime of stalking which would be revised to reflect national law standards. One bill provision would make stalking of a minor a felony. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4484%20SUB.htm

 

Retirement System merger

House Bill 4496. Under terms of this bill, opportunities would be provided for members of the Teachers’ Defined Contribution Retirement System (TDC) to join the state Teachers Retirement System (TRS). Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4496%20SUB.htm

 

Ethical Standards

House Bill 4524. This measure relates to ethical standards of public officials, employees and lobbyists. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4524%20eng%20SUB.htm

 

Office of Minority Affairs in Governor’s Office

House Bill 4665. This proposal would establish the Herbert Henderson Office of Minority Affairs which would be located in the Governor’s Office. The late Henderson was NAACP General Counsel and West Virginia Civil Rights pioneer. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4665%20ENG%20SUB.htm

 

Tickets available for annual Third House roast at Cultural Center

Third House, the annual roast of the Legislature, the governor and lobbyists by Capitol news media members, will be Wednesday, March 5, at 8 p.m. at the Cultural Center Auditorium. A reception will follow the event in the Great Hall.

All proceeds go to Marshall University’s School of Journalism & Mass Communications.

Tickets to the 19th annual evening of political satire are $25 each.

“Patron” level tickets are $300 which includes 12 tickets, including two seats in the VIP Section with Gov. Joe Manchin as well as other special guests.

Patrons are included in the program.

Tickets may be ordered by e-mailing the Marshall University Journalism School at reynoldst@marshall.edu or by calling the Journalism School at 304.696.2360. Tickets also are available in the office of Matt Turner, governor’s press secretary, Room  W150, in the first floor west corridor of the Capitol, and in the office of Raamie  Barker, chief of staff in the Senate president’s office, on the second floor west of the Capitol.

If ordering by e-mail or telephone, please provide full contact information.

 

Bill Almanac – Feb. 28, 2008

Note: The Bill Almanac may be used to track measures considered by the House and Senate Education Committees. For brevity, a short title is used along with the bill’s current status. Other bill history usually is omitted. Only bills reported from subcommittee or committee are listed. Bills originating in committee usually are listed once they are given a bill number. The Legislature’s Website link to each bill is included. Senate bills are listed first. The Bill Almanac is updated weekly. The listings are not exhaustive.
 

Senate bills

Senate Bill 9 mandating firearm safety program in public schools. Status: Senate approved Feb. 18. Referred to House Education then House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB9%20SUB1%20eng.htm

Senate Bill 57 authorizing county boards to enter into lease-purchase agreements for lands, building and equipment. Status: Senate Education approved Jan. 22. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb57%20intr.htm

Senate Bill 65 establishing a school uniforms incentive plan project. Status: Senate adopted Feb. 26. Referred to House Education. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB65%20SUB1%20eng.htm

Senate Bill 133 relating generally to in lieu of property tax payments, including provision that each local levying body would execute payment in lieu of property tax agreements. Status: Senate Education approved Feb. 7. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB133%20SUB1.htm

Senate Bill 156 providing tuition waivers for children and spouses of National Guard and active duty military personnel. Status: Passed Senate Feb. 20. Referred to House. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB156%20SUB1.htm

Senate Bill 161 requiring the State Board of Education to develop a program to pay the General Educational Development (GED) examination fee for eligible individuals. Status: Senate Second Reading Feb. 29 (Laid over Feb. 28). The Legislature’s reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB161%20SUB1.htm

Senate Bill 165 relating to school employees’ donated personal leave. Status: House Education approved Feb. 28. Referred to House Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb165%20eng.htm

Senate Bill No. 194  providing electronic instructional materials to certain students. Status: Passed Senate Feb. 25. Referred to House Education then House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB194%20SUB1.htm


Senate Bill No. 223  establishing recruitment bonus for certain teachers. Status: Senate Education approved Feb. 19. Referred to Senate Finance on Second Reading. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB223%20SUB1.htm


Senate Bill 269 authorizing tax credits for teachers in critical needs areas. Status: Senate Education approved Feb. 15.  Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB269%20SUB1.htm


Senate Bill 287 establishing the West Virginia Research Trust Fund. Status: Senate adopted Feb. 26. Referred to House Finance.  The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB287%20SUB1.htm

Senate Bill 297 authorizing the School Building Authority of West Virginia (SBA) to issue revenue bonds from the state Excess Lottery Fund. Status: Senate approved Feb. 26.  Referred to House Finance Committee. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb297%20eng.htm

Senate Bill 459 clarifying the rule making authority of the School Building Authority of West Virginia (SBA). Status: Governor approved Feb. 19. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB287%20SUB1.htm

Senate Bill 564 relating to higher education tuition and fee waivers. Status: Passed Senate Feb. 26. Referred to House Education then House Finance. Referred to House Finance Feb. 28. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB564%20SUB1.htm


Senate Bill No. 573 increasing public school teachers' and service personnel annual salaries. Status: Senate adopted Feb. 19. Referred to Senate Finance on Second Reading. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB573%20SUB1.htm


Senate Bill No. 593 clarifying library funding obligation from local share. Status: Senate adopted Feb. 26. Referred to House Education Committee then House Finance Committee.  The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB593%20SUB1.htm


Senate Bill 594 establishing Bill of Rights for students and school personnel. Status: Senate Education approved Feb. 21. Senate Third Reading Feb. 29. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB594%20SUB1.htm


Senate Bill 595 establishing public and higher education goals and objectives for 2020. Status: Passed Senate Feb. 22. Referred to House Education then House Finance.  The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb595%20eng.htm

Senate Bill 606 requiring hiring preference to summer school program positions (professional positions). Status: Passed Senate Feb. 20. Referred to House then House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb606%20intr.htm

Senate Bill 607 relating to teachers’ professional development and preparation days. Status: Senate Education approved Feb. 14.  Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb607%20intr.htm

Senate Bill 610 eliminating the prohibition against having Saturday school. Status: Senate Education approved Feb. 12. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb610%20intr.htm

Senate Bill 611 relating to teachers’ alternative education. Status: Passed Senate Feb. 26. Referred to House Education. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB611%20SUB1.htm


Senate Bill No. 625 requiring school principal make personnel recommendations. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB625%20SUB1.htm


Senate Bill No. 635 authorizing State Board of Education to set and collect review fees from certain publishers. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb635%20intr.htm


Senate Bill No. 663  increasing school cafeteria managers' pay grade. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB663%20SUB1.htm


Senate Bill 682 creating Community and Technical College Improvement Fund. Status: Passed Senate Feb. 26. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB682%20SUB1.htm


Senate Bill No. 714  awarding National Board for Professional Teaching Standards salary bonus to certain school leaders. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb714%20intr.htm


Senate Bill No. 747 creating PROMISE Scholarship Summer Internship Program. Status: Senate approved Feb. 25. Referred to House Education then House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB747%20SUB1.htm


Senate Bill 776 increasing excess Lottery Refund Deposits to Higher Education Improvement Fund. Status: Senate Education approved Feb. 19. Referred to Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb776%20org.htm


Senate Bill 777 authorizing Marshall University and West Virginia University to manage certain real property. Status: Senate Education approved Feb. 27. Referred to House Education. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb777%20org.htm

House bills

House Bill 2202 relating to granting campus police officers law enforcement powers at private institutions of higher education in this state. Status: House Education has approved; referred to House Judiciary Committee Feb. 6. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb2202%20intr.htm

House Bill 2967 creating the West Virginia Remembers Program. Status: Passed House Feb. 25. Referred to Senate Education. The Legislature’s Website address is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB2967%20SUB.htm

House Bill 3045 establishing the position of Bus Operator II. Status: Senate Education approved Feb. 26. Referred to Senate Finance on Second Reading Feb. 28. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB3215%20SUB.htm

House Bill 3215 removing the administrative link between Shepherd University and Blue Ridge Community and Technical College. Status: Passed House of Delegates Jan. 28. Referred to Senate Education Committee. The Legislature’s’ Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB3215%20SUB.htm

House Bill 4023 providing for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades. Status: House adopted Feb. 25. Senate Education approved Feb. 28. Referred to Senate Judiciary.  The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB3215%20SUB.htm

House Bill 4059 allowing “currently employed” bus operators who are diagnosed with diabetes which requires usage of insulin to be eligible for employment by county boards; certain restrictions apply. Status: Passed House Feb. 8. Referred to Senate Health and Human Resources Committee then the Senate Education Committee. The West Virginia Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4023%20HED%20AM%202-11.htm

House Bill 4062 relating to certification of professional educators, including alternative certification. Status: Second Reading House Special Calendar Feb. 29. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4062%20SUB.htm

House Bill 4117 expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification. Status: House approved Feb. 26. Referred to Senate Education then Senate Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4117%20SUB.htm

House Bill 4124 adding CPR and First Aid to the health education curricula in public schools. Status: Passed House Feb. 20. Senate Education approved Feb. 28. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4124%20SUB.htm

House Bill 4125 increasing from $50 to $100 the amount of faculty senate funds individual classroom teachers may use for classroom supplies and similar materials, although faculty senates would continue to receive $200 per teacher. Status: Passed House Feb. 1. Senate Education approved Feb. 26. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4125%20intr.htm

House Bill 4130 establishing the West Virginia Research Trust Fund. Status: House Education approved Feb. 19. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4130%20intr.htm

House Bill 4131 authorizing the School Building Authority of West Virginia to issue certain revenue bonds from proceeds of the State Excess Lottery Fund. Status: House Education approved Feb. 19. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4131%20intr.htm

House Bill 4148 allowing net proceeds held for a minor to be invested in a Smart529 college savings plan. Status: House adopted Feb. 26. Referred to Senate Judiciary Committee. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4148%20ENG%20SUB.htm

House Bill 4163 clarifying that if a county board moves the library funding obligation of a “special act library” from the regular tax levy to the excess levy, the library funding obligation as mandated under the special library act would cease. Status: House Education approved Feb. 14. Referred to House Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4163%20H%20ED%20AM%202-15%201.htm

House Bill 4313 waiving higher education tuition and fees for members of the West Virginia State Police. Status: House Education approved Feb. 21. Referred to House Finance. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4313%20H%20ED%20AM%202-22.htm

House Bill 4341 relating to payment of National Board for Professional Teaching Standards salary bonus to teachers who assume administrative posts. Status: Passed House Feb. 25. Referred to Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4341%20intr.htm

House Bill 4368 reducing acts of student violence and disruptive behavior through the implementation of a Bill of Rights, School Discipline Committee, series of county-wide meetings and increased penalties for chronically disruptive students. Status: House adopted Feb. 25. Referred to Senate. Committee reference dispensed. Senate Second Reading Feb. 29. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4368%20SUB.htm

House Bill 4406 relating to state board standards for the recommended duration of school bus transportation times for students to and from school. Status: House approved Feb. 26. Referred to Senate Education then Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4406%20intr.htm

House Bill 4407 requiring automatic tire chains as standard equipment on all new school buses. Status: House adopted Feb. 21. Referred to Senate Education Then Senate Finance. Senate Education approved Feb. 28. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4407%20intr.htm

House Bill 4433 increasing the maximum amount of a medical student loan that may be cancelled. Status: House adopted Feb. 25. Referred to Senate Education then Senate Finance. Senate Education approved Feb. 28. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4433%20SUB.htm

House Bill 4434 establishing a higher education energy and water savings revolving loan fund. Status: House approved Feb. 25. Referred to Senate Education then Senate Finance. Senate Education approved Feb. 28. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4434%20ENG%20SUB.htm

House Bill 4449 permitting the Higher Education Policy Commission (HEPC) and the West Virginia Council for Community and Technical College Education (CCTCE) to enter into lease-purchase agreements for capital improvements, including equipment. Status: Passed House Feb. 25. Referred to Senate Education then Senate Finance. The Legislature’s Web site reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4434%20ENG%20SUB.htm

House Bill 4477 allowing the state Board of Education to pay GED examination fee; certain conditions and restrictions. Status: House adopted Feb. 26. Referred to Senate Finance. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4477%20intr.htm

House Bill 4472 requiring a county board to wait 10 days before posting a new job opening following the death of an employee. Status: Passed House Feb. 26. Referred to Senate Education. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4472%20SUB.htm

House Bill 4478 limiting mid-year transfer of certain school employees working with students with exceptionalities such as autism. Status: Passed House Feb. 13. Referred to Senate Education. Senate Education approved Feb. 26. Senate Second Reading Feb. 29. The Legislature’s Web site reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4478%20intr.htm

House Bill 4554 testing school bus operators every year. Status: Passed House Feb. 26. Referred to Senate Education Committee. The Legislature’s Website reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4554%20SUB.htm

House Bill 4588 relating to the State’s Public School Support Program. Status: House approved Feb. 26. Referred to Senate Education then Senate Finance. Referred to Senate Education Subcommittee Feb. 28. The Legislature’s Website reference is
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4588%20SUB.htm

 

2008 Legislative Calendar

√√First Day - January 9, 2008: First day of session. (WV Const. Art. VI, §18)

√√Twentieth Day - January 28, 2008: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

√√Forty-first Day - February 18, 2008: Last day to introduce bills in the Senate and House. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14), (House Rule 91a) Does not apply to Senate and House resolutions or concurrent resolutions.

√√Forty-seventh Day - February 24, 2008: Bills due out of committees in house of origin to ensure three full days for readings.

√√Fiftieth Day - February 27, 2008: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

Sixtieth Day - March 8, 2008: Adjournment at Midnight. (WV Const. Art. VI, §22)

--Source: West Virginia Legislature

Administrative Perspective

Capitol busy as legislative session nears end

By Martha Dean

This week was busy for the Legislature. Wednesday, Feb. 27, was the last day a bill could emerge from its house of origin.
 
Floor sessions were long and a great number of bills passed to the other house. A total of 174 bills have passed the House of Delegates and 172 bills have passed the Senate. Of these, 21 House bills emerged from the House Education Committee and 15 bills started in Senate Education Committee. Only 36 bills that we are tracking remain in addition to salary bills and some resolutions.

Both Education Committees met Tuesday. 

Senate Education Committee adopted House Bill 3215 which removes the administrative link between Shepherd University and Blue Ridge Community and Technical College. This bill goes to Finance Committee. 

The Senate also passed an originating resolution relating to the consortium for internationalizing higher education in West Virginia. 

It also passed House Bill 4125 which increases from $50 to $100 Faculty Senate funds available to individual teachers to spend on classroom supplies. This bill also goes to Finance Committee. 

Their last bill was House Bill 4478 which limits the mid-year transfer of school employees working one-on-one with students who have exceptionalities. I believe this bill has a provision that a superintendent may allow the transfer if it is deemed advisable.

House Education Subcommittee A met to draft two resolutions.

The first one is a study resolution regarding English as a Second Language students in schools. The comment was made that there is no provision in the state code to help counties fund costs associated with this necessary program as the Federal law requires students be given assistance such as an interpreter and extra help to understand subject matter taught in English they have difficulty understanding. 

The number of students for who English is not their native language has dramatically increased in West Virginia in the past few years. There are 39 different languages students speak instead of English.

The second resolution concerns policies regarding purchasing and auditing school purchases. School systems appear to have different requirements regarding purchases. Some subcommittee members believe it could be done more effectively to speed up the purchasing process.

Both resolutions passed House Education Committee Thursday afternoon. In addition, another resolution regarding safe schools was passed.

In addition to the three resolutions, the agenda included three bills, which all passed. They were Senate Bill 606 which requires hiring preference for summer school program positions; Senate Bill 165 which relates to school employees’ donated personal leave days, and Senate Bill 564 which relates to higher education tuition and fee waivers for family members of veterans killed in combat and others.

Senate Education Committee considered six bills. 

House Bill 4478 limits the mid-year transfer of school employees working one-on-one with students who have exceptionalities.

The first was House Bill 4588 which is the funding formula and it was not acted upon. It was assigned to a subcommittee for additional work and would be considered early next week. Sen. John Unger, D-Berkeley is subcommittee chairman. If you want additional input contact Senator Unger or other subcommittee members. It is important for you to talk to your legislators regarding possible passage in the Senate.

The bills will likely be different and require a conference committee.

House Bill 4407 requires automatic tire chains to be standard equipment on new school buses. Del. Tim Ennis, D-Brooke, was particularly interested in this bill and addressed the committee about its importance. He answered questions about the concerns from some committee members. 

Some of them questioned the need to buy chains for all buses and some said something better might be invented and the law might prevent counties from buying anything other than chains. The bill passed and was sent to Senate Finance Committee.

Also on the agenda was House Bill 4434 which establishes a higher education energy and water savings revolving loan fund. It passed and was sent to Senate Finance Committee.

House Bill 4407 requires automatic tire chains to be standard equipment on new school buses. Del. Tim Ennis, D-Brooke, was particularly interested in this bill and addressed the committee about its importance. He answered questions about the concerns from some committee members. 

House Bill 4023 was adopted. It provides for the denial or suspension of a driver’s license of students with poor attendance and suspensions or expulsions, and those who don’t make adequate progress toward graduation. The bill passed. I was interested in a story Senator Unger told about someone he knows who was denied a driver’s license when he tried to quit school. The student decided to finish school instead of trying to get a job in construction. He not only finished high school, but also graduated from college. Senator Unger said he is convinced tying the driver’s license to student performance is a good thing.

House Bill 4124 adds CPR and first aid training to the health education curriculum in secondary schools. Actually, these skills can be taught in any grade 6-12. Many schools already have this training in their curriculum. The bill passed.

The final bill in Senate Education Committee Thursday was HB 4433 which increases the maximum amount of a medical student loan that may be cancelled from $5,000 to $10,000. The loan is cancelled due to the physician practicing in an area where there is a physician shortage or shortage in a medical specialty.

Next week will be busy as each house attempts to work on the bills sent to them from the other house. Many bills probably will end up in conference committee for a final resolution.

 Count down to midnight Saturday!

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

 

WVSBA Briefs

Rick Snuffer elected School Board Association president

By Sally Cann, WVSBA past president

Rick Snuffer (Raleigh) has been elected West Virginia School Board Association president starting July 1, 2009. Other executive officers elected by delegates who attended WVSBA’s FY09 Annual Business Meeting (ABM) include Rick Olcott (Wood), president-elect; Mike Mitchem (McDowell), vice president and Howard Corcoran (Ohio), financial officer.

Regional officers elected at the ABM are Region I, Judi Almond (Raleigh), director; Perry Cook (Wyoming), associate director; Region II, Ted Barr (Cabell), director;* William “Bill” Duty (Mingo), associate director; Region III, Jim Crawford (Kanawha), director;* James Dawson (Clay), associate director; Region IV, Kenny Vance (Pocahontas), director;* Dr. Lloyd Adkins (Nicholas), associate director;

Region V, Carolyn Bowie (Ritchie), director; * Jim Fox (Wood), associate director;* Region VI, Lori Kestner (Marshall), director; Christine Fair (Hancock), associate director; Region VII, Paul Derico (Lewis), director; Eldon Harper (Tucker), associate director; Region VIII, Bob Shook (Mineral), director;* Dave Ambrose (Morgan), associate director.
Sally Cann (Harrison) is FY09 immediate past president. Officers’ terms commence July 1.

Officers were elected in conjunction with the West Virginia School Board Association’s Winter Conference Feb. 22-23 at the Charleston Marriott Town Center Hotel.

First Lady Gayle Manchin discussed issues facing public education in what she said described as the “best of times and the worst of times.” She called for openness to change and greater reliance on technology and innovation in teaching, learning and delivery of educational services.

She said all persons involved in public education must be willing to make decisions – some requiring considerable public policy considerations – to move the state’s education system forward. She announced a renewed emphasis on broadband service for the state as partially spearheaded by the 21st Century Jobs Council.

West Virginia’s Public School Support Program (PSSP) will see significant changes if legislation is adopted this session to alter current PSSP programming and steps, according to Calvin A. “Cal” Kent, Ph.D. He is one of two primary consultants studying school funding changes for three years as part of interim legislative meetings.

Kent explained the rationale behind House Bill 4558’s provisions “crediting” some county school systems with 1,400 students even though their actual enrollments are less.

Kent, as he has noted on several occasions, said the 1,400 “number” is tantamount to the number of students necessary to “draw down” sufficient PSSP funds to meet needs of students and to address fixed costs.

First Lady Gayle Manchin discussed issues facing public education in what she said described as the “best of times and the worst of times.” She called for openness to change and greater reliance on technology and innovation in teaching, learning and delivery of educational services.

He also reviewed other proposed PSSP changes, citing a new federal government emphasis on early intervention to address special needs student populations – Response To Intervention (RTI).

Kent said that change, while it will affect some county boards, will allow districts to address special needs students educational delivery earlier to avoid possible “over-identification” of these students. PSSP now allows counties to receive “weighted” school aid formula funds in excess of actual headcounts or net enrollment. He stressed that the House measure eliminates pupil weighting partly in response to RTI.

Joe Panetta, executive director of the state Department of Education’s Office of School Finance, provided information regarding the fiscal impact of proposed PSSP changes. He told county school board members under the 2008 PSSP legislation counties would receive the greater of what they would get either under the proposed PSSP or the current formula as part of a plan to cushion loss of dollars to county boards.

He explained PSSP steps. He said changes will make school funding more in line with discrete needs of counties rather than seeing county boards in monolithic terms.

In the Friday, Feb. 22, evening session, Howard M. O’Cull, Ed.D. West Virginia School Board Association executive director, discussed legislation, the need to revamp the association’s legislative approach and other issues.

Saturday programming was devoted to a discussion about school health and nutrition policies. West Virginia Board of Education member Barbara Fish (Wood), WVSBA President Cann and Rick Goff, a staff member with the state Department of Education’s Healthy Schools Division, presented the program. Each called for county boards through policy and practice to introduce or maintain healthy lifestyles programming in their schools.

Several school boards were recognized by Fish for successful efforts to eliminate sale of soft drinks in public schools.

Saturday programming was devoted to a discussion about school health and nutrition policies. West Virginia Board of Education member Barbara Fish (Wood), WVSBA President Cann and Rick Goff, a staff member with the state Department of Education’s Healthy Schools Division, presented the program. Each called for county boards through policy and practice to introduce or maintain healthy lifestyles programming in their schools.

A final program segment dealt with a December 2007 state Ethics Commission opinion concerning “delegations.” Lewis Brewer, state Ethics Commission executive director, and association counsel Howard E. Seufer Jr. of Bowles Rice McDavid Graff & Love, presented that program. They addressed meeting management from the vantage of how to “hear” delegations without deliberating toward a decision in terms of information provided in this type open format.

Delores Cook (Boone), state Board of Education president, provided a brief welcome and remarks to members. She called on county school board members and superintendents to ensure they work to preserve local public schooling institutions, especially in times of significant change.

Following the conference, Association President Cann announced she had received word that Vice President Debbie Phillips (Putnam) has resigned that post effective immediately. Cann praised Phillips’ efforts to “help turn the association around in terms of fiscal policy and financial practices as well as bringing strong leadership in the various association capacities she has held, including regional officer and as a member of the executive committee.”

Cann said Phillips’ resignation was promoted by personal and family considerations. “We wish her the best and, again, thank her for her leadership. I have received the sentiment from the staff – Howard and Shirley -- and other officers and members,” Cann said.

*Incumbent

You -- one person – can make a real difference in many ways

By Sally Cann

Years ago I traveled with my family on vacation to Nags Head, N. C. The highlight of our vacation was viewing one of the most spectacular meteorite showers in history. We spent an entire evening sitting on the beach watching the night sky.  For hours we sat in wonder watching the streaking flashes of light. It was an awe-inspiring display of nature.

The following morning at breakfast, my children could only talk about what they had witnessed the night before. I was curious about how much they really understood about what they’d seen.

“How big do you think one of those meteorites is that we saw last night?” I asked.

 “As big as the moon,” my daughter guessed.

“No. Even bigger. As big as the sun,” my son argued.

“No, about as big as an asteroid,” the other one said with a knowing tone in his voice.

“None of you is even close,” I said. “They were about as big as the grains of sand on the beach you were sitting on last night,” I said.

They all laughed. It was just another wild story from their mother leading to some obscure lesson she was no doubt going to try to teach them.

It wasn’t until I read them an article on meteorites from a science book later in the week that they would reluctantly believe me. It seemed impossible. Tiny grains of sand streaking through space and lighting up our sky? How could something so small create so much light? How could something as small as a grain of sand have such an impact in our universe?

It’s amazing, but true. Given the right conditions, something the size of a grain of sand can light up a nighttime sky.

And one single person with courage in the right place can have a profound impact on a school system. You could be that person who will literally light up the sky in your county or on the state level and shed light on every child if you have the enthusiasm and positive attitude to impact that child. Through dedication and perseverance, you, one single board member, can make a difference.

As our winter conference concluded Saturday, I reminisced how thankful I am to have such dedicated individuals working on our behalf. Among those giving their time and talents to the conference were Howard Seufer, Lew Brewer, Joe Panetta, Cal Kent, First Lady Gayle Manchin, Rick Goff, state school board members Barbara Fish and Priscilla Haden and President Deloris Cook.  WVSBA Executive Director Howard O’Cull and Shirley Davidson labor countless hours on our behalf. I have been thrilled as I have had opportunities to observe the excellent work done by these individuals and you, local school board members. On behalf of the children of our state, I thank you for your commitment to all children and to increasing student achievement.

This is a critical time for public education in our state. Our effectiveness – yours and mine – will determine the very future of public education. This is our challenge. This is our opportunity. We must be the most effective school board members ever!

Sally Cann is president of the West Virginia School Board Association

 

WVSSAC meeting details reported

Feb. 28, 2008

TO: Sally J. Cann, president, West Virginia School Board Association
FROM: Ernie Moore (Braxton County) WVSBA representative to the West Virginia Secondary School Activities Commission

RE: Report of Feb. 22, 2008, meeting of WVSSAC Board of Directors

The WVSSAC Board of Directors met in Huntington, Friday, Feb. 22, in conjunction with the state wrestling tournament.

During this session, the board heard the financial report and approved the locations for the 2009 football and cheerleading tournaments.

There was a review of the official discipline log and a report by the Activities Committee on disciplinary issues concerning coaches’ violation of rules.

The Coaches Committee proposed tournament alignments for all sports for the period 2008-2012. We also discussed the meeting of the National Federation of High Schools to be held in Washington D.C. during the first week of July.

Five appeals involving residence transfers and forfeitures were heard and properly resolved by the Board of Directors. In conclusion, my report to the Executive Committee was read to the Board of Directors by Mr. Gary Ray.

Please notify me if you have any concerns.

 

West Virginia School Board Association 2008 Meetings Schedule

 

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

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

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

 

Applications being received for Upshur superintendent position

Applications for the position of Upshur County Schools must be received by 4 p.m., Feb. 29, 2008, according to Lance Koury, Upshur County Board of Education president.

More information regarding the vacancy is posted on the West Virginia School Board Association Website home page. The listing is included under “Job Postings” with a link to the Upshur “Notice of Position Vacancy.”

Applicants should include a letter expressing interest in the position, a resume´, and no more than three letters of recommendation. The application envelope should be marked "Superintendent's Application" and mailed to the address below or submitted electronically to lance@cebridge.net.

Mail To:
Mr. Lance Koury, board president
P. O. Box 110
Buckhannon, WV 26201

 

Resources

Certified trainers available to help teach economic diversity

By Kerri J. Wade

One of the single most powerful predictors of school achievement is socioeconomic status. Poverty continues to place many students at risk of school failure. In West Virginia, that is 25 percent of children. (Kids County Data Book, 2006).

Academic success is strongly linked to positive outcomes we value for young people.

Not surprisingly, research shows adults with higher levels of education are more likely to be employed and earn higher salaries. (National Center for Education Statistics, 2001; U.S. Department of Commerce, Bureau of the Census, 2003).

Academically successful individuals also are more stable in their employment, more likely to have health insurance, less dependent on public assistance, less likely to engage in criminal activity, and more involved in their communities as civic participants and charitable volunteers. (National Alliance of Business, 1998).

Not surprisingly, research shows adults with higher levels of education are more likely to be employed and earn higher salaries.

The curriculum for Understanding Economic Diversity is based upon the work of Dr. Ruby Payne and several of her main publications: A Framework for Understanding Poverty, Putting the Pieces Together, Learning Structures and Understanding Learning, the How, the Why, the What. 

The first portion of the curriculum covers the primary elements: Hidden rules, resources, language registers, family structure, and relationship building. 

 Once those topics have been covered, the topics of cognitive strategies, meta-cognition and mental models are covered in-depth. 

Training often is conducted in three-hour increments with consideration given to previous knowledge and time availability. 

To cover all the topics would require approximately two days of training where all activities are aimed at practical application. 

Forty-three certified trainers are available to conduct sessions across the state. This training is appropriate for all audiences and can be adapted to fit the needs of school teachers, service personnel, administrators, counselors and community members.   

More information is available at www.wvpass.org or by contacting Jack Wiseman, executive director of West Virginia Partnerships to Assure Student Success (WVPASS) at 304.558.2440 or jwiseman@wvosea.org.

Kerri J. Wade is Kanawha County extension agent.

 

Commentary

Schools exist to serve students

Delegates and state senators are being asked to pass bills that would limit how many times a special needs aide may transfer during the school year.

Legislators should pass a strong bill.

Once again, it turns out, West Virginia has been regulating its school systems with more respect for school employees' interests than for the interests of children.

Really.

Michelle Martin is the mother of a 14-year-old with Angelman's Syndrome. Her son functions at the level of a 12- to 14-month old, and the Kanawha County Board of Education pays an aide to help him in school.

Whether schools should be required to do that is a subject in itself, but for now, that is the situation. The school system must hire an aide to work one-on-one for Schayne, and does the same for other special needs children.

Martin says her son is difficult to care for, and that aides tend to jump to other positions as soon as they can. Del. Danny Wells, D-Kanawha, said other parents of special-needs children have told him their students have been through as many as five aides during a single school year.

It is shameful the state has allowed that.

Kanawha Schools Superintendent Ron Duerring agrees with parents that a correction is needed. As things stand, an aide can transfer in the middle of the year and the county can do nothing to stop it.

"I like the idea that aides have to spend a year with their students," he told the Daily Mail's Kelly Holleran. "I think it's a great idea."

It's the only acceptable idea.

The kids aren't there to create jobs for the aides; the aides are there to help these most vulnerable of students. It's not an entitlement program; it's a job.

Both the Senate and the House have bills to "limit" job-jumping during the school year.
They should pass the measure that requires aides to serve their charges for a year before bailing out.

• Reprinted by permission of the Charleston Daily Mail. This commentary was published Feb. 25, 2008

 

VIEWPOINT: Action needed to block proposed CTE program cuts

By John D. Bennett
President George Bush’s proposed 2009 Fiscal Year budget includes cuts in a number of education and work force program that should be opposed. These proposed cuts would affect a number of West Virginia programs.

Bush released his proposed budget Feb. 4. It eliminates funding for the Carl D. Perkins Career and Technical Education Act and 44 other programs.

The Bush administration eliminated Perkins funding in FY2006 and FY2007 and cut funding in half in FY2008. However, Congress ignored these requests and restored funding for the Perkins program each year.

Another effort must be mounted this year to preserve Perkins funding. The Perkins program provides skills and knowledge essential for a competitive work force. Quality CTE programs are linked to rigorous academic instruction and are improving student engagement through “real world” application to prepare students for successful careers.

West Virginia CTE programs would lose $9,305,231 if Bush’s proposed budget is passed. It is extremely important that members of the CTE community rally to urge members of Congress to reject he President’s blueprint for education.

John D. Bennett is president of the West Virginia Council of Career, Technical and Adult Education Administrators.

 

ETC.

Meanwhile . . . in Ohio – School suspends boy over Mohawk

A kindergarten student with a freshly spiked Mohawk haircut has been suspended from a Parma, Ohio, school. Michelle Barile, the mother of six-year-old Bryan Ruda, said nothing in the Parma Community School handbook prohibits the haircut, characterized by closely shaved sides with a strip of prominent hair on top. School officials said the hair was a distraction for other students.

An administrator at the suburban Cleveland charter school first warned Barile last fall that the haircut wasn't acceptable. The school later sent another warning to her reiterating the ban. Mohawks violate the school's policy on being properly groomed, Principal Linda Geyer said.

Ruda's hair became a disruption last week when Ruda arrived freshly shorn, Geyer said. Administrators called Barile Friday telling her to pick Ruda up from school. Rather than request a hearing to appeal the suspension, Barile said she'll enroll him at another school. Changing the hairstyle is not an option, she said. "It's something that he really likes," Barile said.

Source: Yahoo News Feb. 27, 2008

 

Wisdom

 

“In all forms of government the people is the true legislator.”

-- Edmund Burke, British statesman and philosopher (1729-1797)

Soundbites

 

“We need to know as administrators what we can and cannot do.” – Del. Stan Shaver, D-Preston, discussing a proposed House Education Committee resolution relating to auditing practices of county boards and Regional Education Service Agencies (RESAs). According to committee testimony, fiscal practices vary across the state. Shaver is a Preston County school administrator.

“We’ve got to finally go out and bite the bullet…” – Del. Eustace Frederick, D-Mercer, discussing a House Education Committee resolution relating to a long-term salary plan for West Virginia school employees. Frederick spoke in favor of the resolution as well as wanting an emphasis on “results that go with it” if a long-term salary plan was adopted.

“All counties gain in the first year of funding except one…” – House Education Chairwoman Mary Poling, D-Barbour, discussing the House’s proposed Public School Support Program legislation. Tyler County would lose funding in the first year, although getting the greater of proposed school aid formula dollars and current funding.

“It just sort of prevents you from joyriding down an asphalt road.” – Sen. Shirley Love, D-Fayette, discussing Senate legislation that discourages all terrain vehicles from operating on paved roads. Sen. Walt Helmick, D-Pocahontas, had this reply: “There aren’t as many joy riders as there once were, if you look at the obituaries.”

 

Last Word

Captive audience bill a step backward for labor climate

By Hoppy Kercheval

West Virginia’s labor movement has struggled the last few years to win battles in the Legislature. Its biggest defeat was the privatization of the workers comp system.

But this session labor has gotten some traction with a controversial proposal. It’s called the “captive audience” bill. (Editor’s Note: House Bill 3172. Refer to

Labor leaders and other supporters say it keeps employers from requiring employees to attend meetings where the boss’s views on politics or unions are forced down their throats.

They back up their arguments with anecdotal horror stories of workers being threatened for trying to form unions or forced to sit through employer anti-union diatribes.

The bill is halfway home after passing the House of Delegates this week 64-33, but it faces an uncertain future in the Senate.

The legislation, I believe, is fundamentally flawed, both for technical and philosophical reasons.

First, laws, rules and regulations governing labor relations are already covered by the federal government. Courts don’t allow state governments to pass laws that would preempt federal law. 

In other words, even if the captive audience bill did become law a federal judge would probably strike it down.

Second, existing rules already prohibit workplace abuse labor complains about. If I fire you because you’re trying to organize a union then the National Labor Relations Board will protect your rights and I’ll be in a lot of trouble.

Third, the legislation would have a chilling effect on employer-employee meetings. No, the boss should not be able to subject a worker to intimidation, but managers need the ability to call workers into meetings to discuss operations without worrying they’re going to get sued. 

And finally, no other state in the country has a law like this. West Virginia has been scraping and clawing the last few years to improve the business climate. The privatization of workers comp and the scaled reduction of taxes represent progress.

This bill could easily be perceived as a step backward. Labor leaders pushing this bill are sincere. They have a healthy skepticism of an employer’s intentions that has been forged by a lifetime of experiences with nasty bosses.

It’s reasonable and appropriate for employees to be able to go to work with an expectation they will not be subjected to intimidation or worse.

But the captive audience bill is an overreach -- a can of worms that, if passed, will ultimately do more harm that good.
Source: Hoppy Kercheval Feb. 28  MetroNews

*

 

The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

West Virginia School Board Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Sally Cann (Harrison), President

Vincit omnia veritas
“Truth conquers all”