March 5, 2010 - Volume 30 / Issue 15
Overview
Stats
| Day of Session | 52nd |
| Days Remaining | 8 |
| Bills Introduced: (Including 2009 House Carryover Bills) |
2078 |
| Active Bills (Senate, House) | 320 |
Quote: "We'll know exactly the criteria that we didn't measure up to and we'll have to decide how we're going to proceed.” – State Superintendent of Schools Steven Paine discussing West Virginia’s federal Race To The Top application. The U.S. Department of Education named 16 finalists for the first round of funding Thursday and West Virginia was not on the list. Paine made his comments during a MetroNews interview.
Inside

“Journalism is literature in a hurry.” – Matthew Arnold (1822-1888), British poet and cultural critic.
Both a charter schools bill and a Race to the Top application fall short but will likely return
By Jim Wallace
The charter schools bill, Senate Bill 686, is dead, but it could be resurrected in the spring.
That’s because West Virginia received word Thursday from the federal government that its application for Race to the Top funds was not among the 16 finalists in the first round of funding. In his State of the State address in January, Gov. Manchin told legislators he wouldn’t give up easily on the $80 million the state is hoping to get.
“We have got to sit down and be serious about changing education in West Virginia.” – Gov. Manchin
“If West Virginia is not awarded the first round of Race to the Top funding, I will call this Legislature into a special session on education to make the changes needed to win the second round of funding,” he said. “Let me assure you I will always push for the bold changes that will allow us to succeed nationally and globally.”
On Thursday, Manchin said that if West Virginia had been selected in the first round, the state would have used the federal money to expand programs like Innovation Zones to more of the state. But he said losing out in the initial selection means “we have got to sit down and be serious about changing education in West Virginia and using the money that basically the federal government is going to allot to make some changes to give our kids the chance to really compete for the quality jobs of the 21st century and the skills they will need.”
Senator killed his own bill.
To some people, that suggests that the battle over charter schools, which became very bitter at times in recent weeks, could be renewed. The lead sponsor of Senate Bill 686, Sen. Erik Wells, D-Kanawha, indicated as much when he stood on the floor of the Senate on Tuesday to have the bill recommitted to the Senate Finance Committee, a move that effectively killed the bill for the current session. He had already said publicly that, even though he thought there would be enough votes in the Senate to pass the bill, he doubted it could get through the House of Delegates.
Wells said his move to kill the bill came after he had discussions about it with the governor and with Senate President Earl Ray Tomblin, D-Logan. Praising the other senators who cosponsored the bill, he said, “Fourteen members had the courage to stand up and start looking out for a change for the benefit of our students.” Then he sharply criticized the West Virginia Education Association and the American Federation of Teachers-West Virginia for opposing the bill.
The bill did not mandate that charter schools would be established, Wells said, but merely would have allowed teachers to vote on converting their schools to charter operations. “And yet, their very unions were too afraid to give that vote to their own membership to let them decide what they want to do,” he said.
Continuing his attack, Wells said he was proud to have the support of WVEA and AFT-WV in 2006, when he ran for his Senate seat. “I didn’t understand what took place in closed-door meetings, and I believed then that they stood for the best interests of the students of this state,” he said. “Four years later, I stand in this body, [having] been in those meetings, and understand where they come from, and it’s not in the best interests of the students of this state. In fact, it even saddens me to say that I really believe that public education would be better if we just let the teachers teach and that’s all they had to worry about.”
“Well, who’s standing up for the students of this state? It’s not AFT and it’s not WVEA.” – Sen. Erik Wells
In the past couple of weeks, AFT-WV and its affiliated union, the West Virginia School Service Personnel Association, announced that they would consider any vote for Senate Bill 686 in committee or on the Senate floor as a “labor roll call vote,” meaning they would hold a vote in favor of the bill against a senator in his or her re-election bid. The AFT-WV, the WVSSPA and WVEA all opposed the bill primarily because it would override provisions in state law protecting teachers and other school personnel.
“Well, who’s standing up for the students of this state?” Wells asked in his Senate floor speech. “It’s not AFT and it’s not WVEA. It needs to be every member of this body and every member of the other body.”
By killing his own bill, he saved other senators from putting themselves on the line for it politically. “I’m OK with not putting members out on the line, because we made tremendous progress from last year to this year,” Wells said. “And folks, I’m coming back next year. I may have a huge bullet mark on my back, but they’re not going to hit me that hard.”
Remarks anger union leader.
WVEA President Dale Lee called the criticism of his union a “gross lie” and unfair on the part of Wells.
“I’m angered that he would say that the WVEA doesn’t care about kids and that I don’t care about kids,” Lee said. “I will never, ever apologize for standing up for our members and advocating for our members, but a part of that also is advocating for the children of West Virginia. I think we have proven this session, as in all sessions, that we work on bills not only for our members but for the students of West Virginia.”
Judy Hale, president of AFT-WV, was more reserved in her reaction to the remarks Wells made.
“Well, it’s never comfortable when someone is criticizing the union, but Sen. Wells is very passionate about this issue and we’re passionate about our positions,” she said. “So I think the less said the better at this point.”
West Virginia will find out from the U.S. Department of Education in early April what its shortcomings were in its Race to the Top application. The state then will have until June 1 to submit a revised application in the hope of being selected in the second round of funding. Second-round winners will be announced in early September.
“Certainly, we’re willing to sit down and try to craft a charter school bill that is good for children as well as protects the rights of employees. Those two things are not necessarily in conflict.” – Judy Hale of AFT-WV
Hale said she was disappointed that West Virginia didn’t make the initial cut, because the state Education Department had “worked very diligently” to put together a good proposal. She said she would be ready when Gov. Manchin calls the special session.
“Certainly, we’re willing to sit down and try to craft a charter school bill that is good for children as well as protects the rights of employees,” Hale said. “Those two things are not necessarily in conflict. There are some good charter schools out there where employees still have their rights. So we’re hopeful that we can come to some consensus as to what a bill might look like.”
Asked if she was concerned that Senate Bill 686 might be the starting point for such negotiations, Hale said, “Well, the Jobs Cabinet has put together a subcommittee, which I’m sitting on, and we’re taking testimony from various individuals who are experts in the field, so I’m hoping that we might be working from that particular set of principles as opposed to what we’ve already dealt with in the Senate.”
Charter schools issue is under study.
That task force of the Governor’s 21st Century Jobs Cabinet that is studying charter schools has already met on Feb. 22 and Feb. 23, and it has three more meetings scheduled before the end of April. In addition to AFT-WV, the task force has representatives from WVEA, parents, the Legislature and other parties, including the West Virginia School Board Association. WVSBA Executive Director Howard O’Cull is chairman of the panel. Raleigh County school board member Rick Snuffer, WVSBA’s immediate past president, also is a member. So is Lowell Johnson, a member of the state school board from Greenbrier County.
“We are taking a study approach to the issue so that our comprehensive work product will be solid, thorough and well-formulated,” O’Cull said. Before any of the task force’s recommendations could be forwarded to Gov. Manchin, they would have to be approved by the full Jobs Cabinet.
O'Cull, Snuffer and Johnson also were members of a recent Jobs Cabinet task force that studied teacher hiring practices and teacher retention.
Lee said he was disappointed that West Virginia so far has not received approval for Race to the Top funding, but he said that shouldn’t deter the state from continuing to explore reforms using Innovation Zones and making other advances in education.
“Certainly, the grant would have awarded us a little more financial measures to achieve those goals, but the WVEA is committed, as is the state department, to advancing public education for every child in West Virginia,” he said. “The Innovation Zones – we’ll continue to support that, continue to fight for funding for that and move education forward.”
“We will continue to work to ensure that every child in West Virginia has a great educational opportunity, and charter schools can possibly be a part of that but not at the expense of teacher rights.” – WVEA President Dale Lee
Before assuming that adopting a charter schools law is the way to get Race to the Top funding, Lee said, everyone should wait until April to find out where the state’s initial application fell short. He pointed out that charter schools accounted for 40 points at the most of 500 points in the application process. That’s a point that state Supt. Steve Paine also has made many times.
Lee said WVEA did work with Wells to iron out some problems with Senate Bill 686, but they couldn’t resolve their disagreement over the bill’s provision for what he called “the right of the principal to hire and fire at his or her leisure. We will continue to work to ensure that every child in West Virginia has a great educational opportunity, and charter schools can possibly be a part of that but not at the expense of teacher rights.”
The finalists for the first round of $4 billion in Race to the Top grants include: Colorado, Delaware, the District of Columbia, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina and Tennessee.
The U.S. Department of Education said that each state chosen as a first-round finalist will be required to send a team of up to five people to make a presentation in defense of its application during the week of March 15th. Not all of the finalists will win first-round funding. First-round winners will be announced in early April.
Senate committee likes bill to keep students in school
By Jim Wallace
A House-passed bill to raise the mandatory high school attendance age to 17 and reduce the number of dropouts received a warm welcome this week from the Senate Education Committee.
Committee members approved House Bill 4593 on Thursday after devoting the full hour of their Tuesday meeting studying it.
“I think it’s an excellent piece of legislation.” – Sen. Ron Stollings
“I think it’s an excellent piece of legislation,” Sen. Ron Stollings, D-Lincoln, said.
The chairman of a subcommittee that worked on the problem of dropouts, Sen. Randy White, D-Webster, called the bill “comprehensive.”
Senate Education Chairman Bob Plymale, D-Wayne, said the bill does a good job of boosting alternative education programs, which many people consider important for keeping some students in school. “We knew that was a weakness in some of the bills that have been put out,” he said.
GED Option draws interest.
The proposal committee members seemed interested in the most would have West Virginia designated as a “GED Option” state by the American Council on Education GED Testing Service. Currently, if a West Virginian wants to take the General Educational Development test, he or she must already be a dropout and not enrolled at a school. In some cases, students drop out just so they can be eligible to take the GED, but Debra Kimbler, state GED coordinator, said that wouldn’t be necessary if West Virginia becomes a GED Option state.
“The GED Option provides that the student may stay enrolled in school and take the GED test,” she said. “That would cut down on their dropout rate considerably. In 2009, the number of 16-, 17- and 18-year-olds that we administered the GED to came to 1,322. That means those students came knocking on our doors asking for a GED. We hope that offering that in high school, we will keep them in high school where they belong.”
However, Kimbler said the plan is for West Virginia to go a step farther by blending the GED Option with a career-tech program, which would make students who go through it more employable. A student could spend half a day preparing for the GED and the other half in the career-tech program, she said. To allay senators concerns, she assured them that just because a student takes the GED route doesn’t mean that student would be less prepared for life ahead.
“Forty percent of our graduating high school seniors cannot pass the GED test. That’s how rigorously they are normed.” – Debra Kimbler
“Forty percent of our graduating high school seniors cannot pass the GED test,” Kimbler said. “That’s how rigorously they are normed. I’m not saying K-12 isn’t doing an excellent job, but the tests are normed so that 40 percent of our graduating high school seniors cannot pass the tests.”
The GED is accepted by 98 percent of employers, as well as colleges and universities, she said, although the military is not consistent about it. “The military will accept the GED, if there are not enough high school diploma students applying at a particular point in time,” Kimbler said. “However, if they can’t meet their quota with high school students, then they will take the GED students.”
Sen. Jesse Guills, R-Greenbrier, said he likes pairing technical training with the GED, but he wondered if it would cause a shift of students going for the GED instead of a high school diploma.
“The only way that a student may enter the GED Option program is that they have to be behind so many credits, and the state department would decide how many credits an individual would have to be behind,” Kimbler responded. “That individual would not be graduating with their class. So rather than for that student to drop out – you know once they get behind in classes, they tend to want to leave – rather than having that student drop out, we can capture them in the GED option.”
But Guills asked what would stop students from dropping behind intentionally just to be allowed to pursue the GED. Kimbler said they already have that option.
“We can’t prevent everything, so we would like to capture some of those students we would lose,” she said. “I can’t make any promises that a few students might not want to take that route, but the GED test is very hard, and they would have to prepare to pass what 40 percent of their classmates cannot pass.”
Guills then wondered if raising the compulsory attendance age to 17 would enhance the rest of the bill. He asked if the same goal could be accomplished by leaving the age at 16.
“You probably could accomplish similar results,” Kimbler replied. “However, that 16-year-old could wait until they’re 17 and put in some seat time.”
Pairing career-tech classes with the GED Option is a good solution, she said, because students tend to love the career-tech classes and she doesn’t want “the GED Option out there just dangling.” Kimbler said that, if the Education Department has the right resources, the GED Option combined with career-tech classes could be implemented by next fall.
Senator worries about consolidation.
“I really don’t want to bring the consolidation issue into this bill.” – Senate Education Chairman Plymale
Sen. Donna Boley, R-Pleasants, said she liked the bill but was concerned that it doesn’t address school consolidation, because she believes consolidating smaller schools into larger schools is the main reason that students drop out of high school. White responded that there is some correlation between larger schools and a higher dropout rate, but cause and effect have not been shown.
“I really don’t want to bring the consolidation issue into this bill,” Plymale said. “I do believe that we have looked at that.” He added that new high schools now are required to be comprehensive high schools. He cited Cabell-Midland High School in his district as an example of a comprehensive school that offers a broad array of programs to keep students from dropping out.
Delegate explains the bill to senators.
“There’s concern on everyone’s part that there will be an increase in students who will be disruptive, because they’re required to go an additional year.” – Delegate Josh Stowers
When the Senate Education Committee took up the bill for a second time on Thursday, Delegate Josh Stowers, D-Lincoln, was there to explain the House Education Committee’s thinking on including a wide range of alternative education programs along with raising the mandatory attendance age. In addition to the GED Option and more career-tech education, the bill provides for a statewide dropout intervention and prevention program for students have academic difficulty, a credit recovery program, the establishment of up to five additional juvenile drug courts and a requirement for county school boards to develop plans to demonstrate how they will use available funds to implement the intent of the bill.
“There’s concern on everyone’s part that there will be an increase in students who will be disruptive, because they’re required to go an additional year,” Stowers said, so the House decided that students who might like to dropout should have more options.
But Stollings was concerned that the alternative education programs would be at the high school level. He said at-risk students can be identified at much younger ages, so the wondered why efforts weren’t directed at intervening earlier in students’ schooling. Stowers said school boards could include such efforts in the plans they develop to address the dropout problem. He said some people have discussed offering vocational programs in middle schools, but the House didn’t want to put that in the bill out of concern over how much it would cost.
“We didn’t want to overburden the legislation by putting too much money into it,” Stowers said.
Plymale said legislative leaders are planning to take up that subject during the monthly interim meetings lawmakers will hold between the current regular legislative session and next year’s session.
“We’re going to study the vocational piece in middle schools and put a lot of hard work into that,” he said, and added that he’d also like to look into what is holding down student achievement.
The committee made just one change to House Bill 4593 by adopting an amendment proposed by White. It would encourage schools where career and technical programs are open only to juniors and seniors to make exceptions for at-risk students who are younger.
The bill now goes to the Senate Finance Committee for further consideration.
Other bills go through.
The Senate Education Committee also approved two other bills. One was House Bill 4324, which would extend a law that allows retired teachers to work beyond the post-retirement employment limit established by the Consolidated Public Retirement Board when there are critical needs and shortages. The other bill, House Bill 2542, would make suicide prevention training available for all professional educators, including principals and administrators.
The House Education Committee had a light agenda this week. The committee decided that the Legislature should study the position of athletic director over the next year.
On Monday, the committee originated a resolution calling for such a study during the monthly interim meetings lawmakers will hold between the end of the current regular legislative session and the start of the next regular session in January. The resolution cites several reasons for the study, including:
- Athletic directors have heavy responsibility.
- Athletic directors have large budgets.
- The job requires a significant commitment of time to ensure that athletic departments function smoothly.
- It has become increasingly more difficult for athletics directors to fulfill their duties along with requirements for other jobs they might hold.
- It has become harder to retain people as athletic directors.
The committee came up with the resolution just a week after it passed House Bill 4602 to define the role of athletic director in state code. But the bill did not have enough support outside the committee to pass in the full House.
Lawmakers need another couple of months for OPEB legislation
By Jim Wallace
Work is proceeding toward legislation to address West Virginia’s enormous liability for OPEB – “other post-employment benefits” – although the rush toward completing work on other bills before the March 13th end of the Legislature’s regular session is getting in the way.
“We hope to have something here shortly, but the legal staff keeps getting distracted with bills and trying to keep everything moving,” Sen. Brook McCabe, D-Kanawha, said Thursday.
“We’re just trying to get something to be a beginning work product and then hopefully work the next couple of months and work toward a special session sometime between now and the end of June.” – Sen. Brooks McCabe
It’s already too late in the session to pass an OPEB bill, but lawmakers expect to deal with the issue in a special session.
“We’re just trying to get something to be a beginning work product and then hopefully work the next couple of months and work toward a special session sometime between now and the end of June,” McCabe said. Gov. Manchin has already indicated he is likely to call a special legislative session to pass education reform aimed at improving West Virginia’s chances of getting selected in a second round of competition for federal Race to the Top funding. It’s possible the OPEB legislation could be taken up at that time.
The OPEB liability represents mainly health care benefits promised to current and future retirees from the public sector. The latest estimate by actuaries for the Public Employees Insurance Agency is that the total liability will be about $7.5 billion by the end of June. That is slightly lower than an earlier estimate of $7.8 billion, but the liability keeps going up as long as nothing is done to pay it down.
One month ago, school boards’ share of the liability at the end of this coming June was estimated to be almost $291 million. For individual districts, the share of the liability ranges from Gilmer County’s $940,596 to Kanawha County’s $29,195,004.
The school boards contend that it is unfair to hold them liable for much of that liability, because they had no say in structuring the benefits for retirees and because most school funding comes to them from the state through the School Aid Formula. Last week, 50 of the 55 school boards filed suit against the state seeking to be relieved from having to fund the liability and to carry it on their books.
McCabe, who has been leading a Senate work group assigned to develop legislation on OPEB, expressed disappointment and frustration that the school boards had gone ahead with the lawsuit without giving legislators a bit more time to come up with a bill. But Rick Olcott, president of the Wood County school board, expressed disappointment and frustration that the Legislature had not already dealt with the OPEB issue.
Bill to foster shared services among counties goes nowhere
By Jim Wallace
Opinions among county school board members and superintendents across West Virginia are mixed over proposed legislation to encourage county school systems to share central office administrator services with Regional Education Service Agencies or other county school systems. Some say the proposal has merit and should be considered, but others see problems that would prevent it from working well.
A few members of the Senate Education Committee also saw problems with the proposal when it came to them last week in the form of Senate Bill 608. Sen. Clark Barnes, R-Randolph, complained that the bill would take decision-making away from county school boards and put it into the hands of the state school superintendent. Sen. Richard Browning, D-Wyoming, similarly expressed concern that the bill would not preserve local flexibility.
“This simply provides a means and a mechanism for county boards to be able to share services where it’s feasible.” – WVSBA Executive Director Howard O’Cull
“This bill codifies what’s going on in a lot of counties working with their RESAs, also counties working with other counties together,” Howard O’Cull, executive director of the West Virginia School Board Association, told them. “This simply provides a means and a mechanism for county boards to be able to share services where it’s feasible, as determined by the state superintendent, or it’s economic, which some of them are already doing.”
A survey found that officials in many counties would like to share more services than they are now doing, he said, but there is a question of whether it would take away from local control of the schools.
“It depends on your definition of local control,” O’Cull said. “If your local control definition is one where county boards have ultimate discretion to make all decisions without regard to things which ultimately could be more feasible and practical in the future, then I guess it restricts some local control.”
Senate Bill 608 would require county boards to consider a detailed written study of the feasibility of cooperative agreements and whether to pursue such agreements before posting notices of vacancies in regular central office administrator positions other than the position of superintendent. A board would have to submit its determination on whether to pursue a cooperative agreement or fill a vacancy on its own and the feasibility report to the state school superintendent. If the state superintendent would decide that the board’s determination was “arbitrary or capricious,” the board would not be allowed to post notice of the vacancy without going through the process again.
“In some central offices, there are very few people to carry all the balls that need to be carried in a central office,” O’Cull told the senators. “This has been around since 1989. We simply tried to codify it. Yes, it is a cumbersome procedure to some extent, but it also gets us to the point so we can make more practical, more feasible and economic ways to do in the central office”
But Sen. Richard Browning, D-Wyoming, asked, “What’s keeping school boards or school superintendents from doing this very thing today without this law?”
“If they’re doing their jobs, do we need a mandate then?” – Sen. Richard Browning
“Actually, there’s nothing,” O’Cull responded.
“If they’re doing their jobs, do we need a mandate then?” Browning asked.
“Well, we probably need at least to codify some sort of practice for it, because sometimes you authorize something, but if you don’t get a little bit of incentive behind it, what’s best sometimes is not done in politics,” O’Cull said.
Superintendents are skeptical.
Although she wasn’t called on to offer her opinion to the Senate committee, Martha Dean, executive director of the West Virginia Association of School Administrators, said later that she thought current law provides enough opportunity for school boards to share services.
“I don’t think there is any prohibition to them contracting with RESAs to provide services that they would need,” Martha Dean, executive director of the West Virginia Association of School Administrators, said. “When I read the bill carefully, I really thought that it was too cumbersome and too restrictive and put too much authority with the state superintendent to review county superintendents’ justification of needing to hire somebody for their county. I know that the county superintendents are not anxious to have to justify the need for positions.”
School district superintendents who have experience in sharing services expressed similar positions about the bill.
“When I read the bill carefully, I really thought that it was too cumbersome and too restrictive and put too much authority with the state superintendent to review county superintendents’ justification of needing to hire somebody for their county.” – WVASA Executive Director Martha Dean
“I don’t see the practical application,” Ohio County Supt. George Krelis said. “That would be another layer [of bureaucracy] that we would have to go through.”
The Ohio County schools’ business manager works closely with the business manager at the RESA in the Northern Panhandle, he said, but he sees little feasibility in having the county actually share positions with either the RESA or other counties.
“We have a small central office staff,” Krelis said. “I’m not sure how we could regularly share a personnel director, for example. I don’t know how we would be able to share a student services director.”
If the RESA would want to take on handling special education, Ohio County could eliminate a position, he said, but it would be “an enormous task” for the RESA to do that. Krelis said the RESA would need four or five people to oversee special education for the five counties, which would make it unlikely that any money would be saved in the long run.
Two counties already shared.
“We’re taking something that’s not complicated and making it complicated.” Wirt County Supt. Dan Metz
Wirt County schools and Pleasants County schools are in the second year of sharing a child nutrition director, but Wirt County Supt. Dan Metz doesn’t see any reason to pass legislation to encourage such arrangements. “We’re taking something that’s not complicated and making it complicated,” he said of the bill. “I’m not sure that oversight needs to be there.”
In the past, the Wirt County schools had a finance director handle child nutrition services. But Metz said that, when Pleasants County needed a child nutrition director, it made sense for the two districts to go together in hiring one who is based at the RESA but works solely for the two counties.
“He’s a licensed nutritionist, which a county our size would have had no chance getting,” Metz said. “It has worked well.”
The shared child nutrition director has standardized the ordering process and used bulk ordering for the two districts, which use the same menus, he said. In any given week, the director might spend more time at one district than at the other, but “when we get done at the end of the year, he has split his time between us,” Metz said. He said it might be possible for a third county to join Wirt and Pleasants in sharing the same nutrition director.
In Wirt County, the high school principal is also the attendance director, but Metz would like to be able to share the attendance director’s position with another county, if that could be arranged. He said it wouldn’t necessarily have to be another small county like Pleasants but could be a much larger county like Wood.
“I don’t look at it as giving away anything,” Metz said. “I look at it as giving better service to my students.”
Tucker County Supt. Richard Hicks said his district collaborates with the RESA on employing psychologists and therapists, coordinates some purchasing with 11 other counties and shares a librarian with Grant County. Thus, he also sees no reason to require districts to get the state superintendent’s permission to enter cooperative agreements or to decide to forego them.
“The only reason we would need legislation is if we were precluded from what we’re doing.” – Tucker County Supt. Richard Hicks
“The concept of sharing is not an issue with anybody,” Hicks said. “The only reason we would need legislation is if we were precluded from what we’re doing.”
In Tucker County, each central office administrator does more than one job, he said. In addition to being superintendent, Hicks also is the personnel director. If someone from the central office would retire, he would like to be able to reorganize without getting permission from the state.
“I get a lot concerned when you have a bill that dictates that every position must have the approval of the state superintendent,” Hicks said.
Arrangements can’t always be worked out.
Nicholas County Supt. Beverly Kingery said her district has considered sharing a position with a neighboring county but hasn’t figured out how to do it. She said the best possibility would be to share a food service director with Webster County, but such factors as scheduling and the size of the two counties together would be a problem. She said any savings from having a combined position could be lost by having to pay mileage for the person to drive from county to county. Also, although a part-time director would be enough for Webster County, Kingery said Nicholas County needs a fulltime director.
“A lot of it gets down to the size of your county.” – Nicholas County Supt. Beverly Kingery
“You still have to have someone to do the work when the person is away,” she said. “A lot of it gets down to the size of your county.”
Kingery said consolidation of some small, federally funded programs or minor positions like handling homeless students could be possible, but she doesn’t see the point of having to get the state superintendent to do that.
Geographic challenges also hinder the concept of sharing in Pocahontas County, West Virginia’s most sparsely populated county.
“As Pocahontas County, we don’t get the whole impact of the RESA because of the distance,” school board member Kenny Vance said. The RESA is based in Summersville, which is more than a two-hour drive from some parts of Pocahontas County, he said, so sharing any position with either the RESA or a neighboring county would be difficult.
The Pocahontas County schools considered working through the RESA to buy food in bulk, Vance said, but the food would have been delivered to Summersville, which would have tied up two people from Pocahontas County for the better part of a day to go pick it up.
“We’re better off time-wise and money-wise to buy from whoever will deliver it to us,” he said. “We’re on the outskirts of everything.”
Likewise, Vance sees similar problems with trying to share administrative positions with other counties or the RESA. “If we had to do that, we would get the short end of the deal,” he said.
School board members express interest.
However, school board members in other counties are more open to the possibility of sharing.
“Conceptually, I think it’s worth taking a look at,” Dave Ambrose of the Morgan County school board said. He expects budgets to be more challenging in the years ahead, so he would welcome proposals that could improve services and save money. For example, he suggested that Morgan, Berkeley and Jefferson counties might share a staff development specialist, especially if video conferencing were used. Sharing a purchasing director and an attendance director also might make sense, he said.
“I think you should only do it if you think you are going to save money,” Ambrose said. “You have to bring in a lot of different stakeholders.”
“It’s almost going to have to be something that has some structural direction from the Legislature to get anything done.” – Kanawha County school board member Bill Raglin
In regard to having the state superintendent decide whether districts do enough to consider sharing positions, he said he would like a good explanation on what the thinking is for such a provision.
Bill Raglin, a member of the Kanawha County school board, said sharing administrative positions among counties or with RESAs could be a good way to have significant cost savings. Unlike others, he thinks some boards need a push from the state to consider such sharing.
“It’s almost going to have to be something that has some structural direction from the Legislature to get anything done,” Raglin said. “I don’t really believe that it is ever going to be effective to the extent that it should be unless it’s required by law.”
Having worked in manufacturing, he said, the concept is similar to having different units within a company share a human relations department. Some units need more attention than others from the department, Raglin said, so there must be an understanding upfront about how to share costs.
Even having the state superintendent rule on administrative sharing issues makes sense, he said.
“Unless you have someone to determine whether there is a full-faith attempt to do this, I don’t know how that would happen,” Raglin said.
Even though the Kanawha County school system is the largest in the state and is better able than others to afford fulltime positions in its central office, there might be possibilities for cooperation with other counties, he said. “We could look to see if functions we have are fully being utilized,” Raglin said.
Issue could become more pressing.
O’Cull said one reason the bill to encourage shared services came up this legislative session is that there is some parallel to the financial difficulties facing the public schools now and those faced around 1980 and 1981.
“Then, the system had begun to contract - loss of students was having its effect on school districts - setting the initial stage for most of the personnel laws we have today such as reductions-in-force, transfer, emphasis on seniority," he said. "If the governor's office is correct - and they're not putting their comments under a bushel - further contraction is to occur especially as state revenues are likely to decline and federal stimulus moneys run out. The projected loss of $100 million from the education budget is going to be a whammy. There will be those who raise the 'efficiency question': Do we need all this central office duplication between counties, especially when some of this could be addressed by simply sharing some central office personnel?”
O’Cull gave Senate Education Chairman Bob Plymale, D-Wayne, credit for putting Senate Bill 608 before his committee, even though members had problems with it.
“As the system begins to contract again, central offices will become a targeted area - just as when the Legislature capped the number of administrators in 1991, settling on a figure of required professional instructional personnel,” O’Cull said. "Given political realities, I'm afraid county boards and superintendents will, at some point, be hard-pressed to justify not exploring other, more efficient options regarding central office services.”
However, for this year, the issue of codifying the way counties might share administrative services with each other or with RESAs is dead. Senate Bill 608 failed to get out of the Senate Education Committee, and it’s too late in the session for the Senate to consider its own bills. After Wednesday, which was “Crossover Day,” the Senate has been able to consider only House bills and the House has been able to consider only Senate bills.
House Education Chairwoman Mary Poling, D-Barbour, said she was working with O’Cull to come up with a bill on the subject but decided against it after she realized the Senate bill wouldn’t get passed.
“It’s too late for us to move it,” she said. “They took that action as we were considering doing something.”
Poling said counties already can share services, but “it might be worthwhile to make it clear that is authorized and they should look into it.”
Editor’s Note: -- Jim Wallace is a former government reporter for the Charleston Daily Mail and former news director of West Virginia Public Radio. He now works for TSG Consulting in Charleston and writes for several national and West Virginia publications.
Administrative Perspective
As session winds down, dropout bill commands Senate Education Committee’s attention
By Martha Dean, Ed.D.
Bills get out of house of origin.
This week has been a little bit of a mad rush to get the bills out of the house of origin to the opposite house to try to get legislation passed before the session ends next Saturday.
Most of the legislation was passed out of committee by last Friday so it could be read on three consecutive days without the need to suspend the rules and read them twice at one meeting.
On Monday, March 1, when it became apparent that there was some problem with House Bill 4602 dealing with the duties of athletic directors, House Education met to pass a study resolution regarding athletic directors.
Delegate David Perry is honored.
Prior to taking up the resolution, which was the only item on the agenda, Delegate David Perry, D-Fayette, was honored with a resolution recognizing him for his teaching and administrative service in Fayette County and his dedication to his duties in the Legislature.
It was quite impressive with the Speaker of the House, Rick Thompson, D-Wayne, in attendance as well as many members of David’s family and staff from Fayette County Schools.
House Education did not meet.
The House Education Committee did not meet again during this week.
Senate Education considers dropout measure.
The Senate Education Committee, however, met March 2 to discuss House Bill 4539, the bill which changes the age at which a student can drop out from 16 to 17 but also has several provisions to attack the problem with programs designed to help keep kids in school.
School districts would gain money in the alternative education component of the funding formula as that item would be raised from $12 per student to $18 per student. Further it would require each county board of education to develop a dropout prevention plan, add up to five new drug courts since drugs compound the dropout problem, and require West Virginia to become a General Educational Development (or GED) Option state.
The GED Option allows students to remain in school while they prepare for the GED. That would mean they could take vocational courses and GED study courses and take the test and, if they passed, they would get the GED diploma rather than being required to take all the course work needed to qualify for high school graduation.
The discussion among the committee members was quite lively and several members of the audience, particularly those from the Department of Education, were asked to explain various aspects of the provisions of the bill.
As discussion concluded, Senate Education Chairman Bob Plymale, D-Wayne, indicated the committee would meet again Thursday and would consider any amendments and passage of the bill. Sure enough, House Bill 4593 was the first item on the agenda for the Thursday meeting.
Delegate Stowers makes a presentation.
Delegate Josh Stowers, D-Lincoln, who had worked on the bill in the House, explained the various provisions well enough that Senate Education counsel Hank Hager escaped his usual function of explanation.
Sen. Randy White, D-Webster, offered one amendment, to add recognition that career and technical programs have traditionally been offered at the junior and senior level at high school. Since students have an interest in these courses at an earlier age, consideration should be given to offer them to younger students. The amendment and the bill passed and will go to the Senate Finance Committee before it goes before the entire Senate for passage.
There have been some questions regarding the provisions for funding for various parts of this bill, so it bears watching in the Finance Committee.
Retirees’ substituting came up.
The Senate Education Committee also took up and passed House Bill 4324, a bill to extend the time a retired teacher can substitute in areas of need. This bill also includes the format for superintendents to request the designation of shortage areas that require the retired teacher substitutes.
Another bill deals with signs of potential suicide.
House Bill 2542, which the committee approved as well, would require the West Virginia Center for Professional Development to develop and deliver staff development for employees who have direct contact with students, information concerning signs of potential suicide.
Both of these bills will go to the Finance Committee.
Number of bills.
The number of bills that remain active at this point appears to me to be less numerous than in previous years. I am sure my list is not complete, but I am listing a few bills that are of interest to superintendents and board members. They include:
- Senate Bill 120 – Requiring that some students show proof of dental examinations
- Senate Bill 229 – Allowing the School Building Authority to issue additional bonds
- Senate bill 547 – Correcting inconsistency in school board levy code (relates to 50% passage for school boards)
- Senate Bill 610 – Extending statutory exemption of certain out-of-school time programs
- Senate Bill 626 – Providing teacher’s license eligibility requirements for alien residents
- Senate Bill 631 – Updating process for adopting instructional materials
- House Bill 2967 – Encouraging National Board Certified Teachers to renew certifications and continuing bonus for renewed certificates
- House Bill 4031 – Dealing with funding of RESAs and lowers amount from $4.2 Million to $3.9 Million
- House Bill 4211 – Providing supplemental funding for programs for limited English proficient students
- House Bill 4223 – Increasing safety for students who ride school buses
- House Bill 4306 – Relating to public school support computation of local share
- House Bill 4324 – Increasing time retired teachers can substitute in shortage areas
- House Bill 4436 – Providing discretion to schools that make AYP regarding teaching programs
- House Bill 4485 – Increasing penalty for overtaking and passing a school bus
- House Bill 4512 – Relating to qualifications for school bus supervisors
- House Bill 4593 – Raising dropout age to 17 and provisions to improve high school graduation rate
- House Bill 4652 – Establishing provisions regarding a school calendar committee for each county
- House Bill 4667 – Requiring State Department of Highways to maintain school bus turnarounds
- House Bill 4669 – Granting exceptions to certain statutes for innovation zone plans approved by state board
It appears from my list that the House has been busier than the Senate. However, the Senate has several bills dealing with higher education issues, not taken up in the House. I did not list the higher education bills.
NOTE: The above bills are listed by “short title.”
Bills can be found on the Web.
If you have an interest in the remaining bills, they are available on the state Legislature’s Web site, www.legis.state.wv.us, right at the opening page near the bottom of the left hand column. Just put the number of the bill in the box (number only) and click on submit. This will give you the history of the bill and access to the original bill and the other versions. The current version is usually at the bottom with the introduced bill being first on the list.
Martha Dean is executive director of the West Virginia Association of School Administrators.
WVSBA Direct
School Board Association is conducting Pocahontas, Lincoln County superintendent searches
The West Virginia School Board Association is conducting superintendent searches for the Pocahontas and Lincoln County Boards of Education.
The association recently completed the Wood County Schools superintendent search.
Information regarding the Pocahontas position will be forwarded to county schools superintendents, Regional Education Service Agency (RESA) executive directors, county board presidents and others today, according to WVSBA Executive Director Howard O’Cull.
“We look forward to assisting Pocahontas County in its superintendent search as we did in 2003. This is a good school system. It has some unique issues and challenges as with any board. They, however, have had good superintendent leadership and have a strong, committed county board. This is an ideal county superintendent situation,” according to O’Cull.
For an advertisement relating to the position, refer to “Marketplace” included in this publication.
In terms of Lincoln County, he said notification regarding that position will be available “soon, including procedures regarding how to apply and various other considerations with this being a ‘takeover’ county board.”
He said he was meeting with the Lincoln County Board March 9.
County superintendent searches are one of several customized programs and services offered by the association, according to O’Cull.
“Through our BoardWorks initiative, we serve counties in various ways. We serve them in ways that are customized and designed to meet individual county board needs,” he said.
According to O’Cull, the State Superintendent of Schools, as required by statute, will have final say in regard to the county superintendent selected for Lincoln County, although the county board will be able to suggest names and rank “the finalists” they think best for the position.
“They’re going to have a full-fledged role, one that board has accepted and for which they have made preparations. We are pleased the State Superintendent asked us to direct the search,” according to O’Cull.
Pat Law, Ed.D., has been named Wood County Schools Superintendent. He serves as Pocahontas County Superintendent.
Steve Pauley, former Boone County Schools Superintendent, serves as superintendent in Lincoln County - a position he will hold until July 1.
Former Lincoln County Schools Superintendent David Roach has been named Mingo County Schools Superintendent.
For more information on either position, please contact O’Cull.
Resources
Academy faces new ChallenNGes
By Patrick Hammack
Recently four teens from the Mountaineer ChalleNGe Academy went to Washington, D.C., to participate in the annual National Guard Youth Foundation ChalleNGe Champions Gala. Present at the gala were Indiana Gov. Mitchell E. Daniels and United States Sens. Mary Landrieu of Louisiana and Blanche Lincoln of Arkansas. In addition to Gen. Craig McKinley, chief of the National Guard Bureau, the adjutant generals from many states including Maj. Gen. Allan E. Tackett of West Virginia also attended. Celebrity guests included Karri Turner, Kelly Perdew, Dale Earnhardt, Jr., and Dan Wheldon.

At that gala, academy cadets performed a dramatic reading of comments their fellow cadets compiled about their feelings of frustration, their struggles, their hopes and their successes. By all accounts, it was an amazing look at the mindset of today’s teens. The honesty and passion these young people infused into their peers’ words gave pause to all present and gave hope for the strength of our future generation. A reprise of this will take place on the Capitol Plaza on March 3, 2010, at 1:30 p.m.
Though the challenges of today’s youths have changed significantly over the past 17 years, one constant remains: A large number of students feel that they can no longer be successful in their schools. On January 17, 2010, the Mountaineer ChalleNGe Academy began its 34th class of students. Since 1993, the academy has worked with all 55 counties to reduce the number of students who would otherwise choose to leave school without graduating. As of December 2009, well over 2,000 teens have attended and graduated the academy.
The academy has been successful in helping many young men and women to return to a love of learning and to fulfill their potential as citizens in their communities. Each cadet while at the academy works to learn self-discipline and positive self-direction. Using the eight core components of academic excellence, leadership/followership, life skills, health and hygiene, service to community, citizenship, physical training and job skills, the academy takes a whole person approach to developing these young people. The result after graduation from the Academy:
- 31% further their education in college or trades schools or return to high school;
- 20% serve their country by entering the military; and
- 49% enter productive jobs in their communities
One challenge that these young people face is the misinformation that seems prevalent in some counties. The Mountaineer ChalleNGe Academy was granted the status of special alternative education program in West Virginia Code 18-2-6 (f) (3). This allows each county to transfer students to the Academy without losing the funding for that student. Additionally, academy recruiters work with all county attendance directors and alternative learning centers to try to reach those students who will not avail themselves of the services provided by the county.
Thousands of students leave school annually. In the West Virginia State Code, 15-1B-24 (2), each county is required to send to the academy a list of the students who have dropped out of their schools. To date, only about 35 percent of counties meet that requirement.
Too frequently on the academy recruiters’ visits to counties, they hear, “We would love to help but what can we do?” Here are two action steps you can take to help reach those students who will otherwise go unserved regardless of legislation:
- Ensure that the dropout list is submitted to the academy.
- Provide the academy increased access to students and educators to ensure correct information about this free educational opportunity is available.
Over the past few months, the academy began work with school systems to create a meaningful credit recovery system for cadets to return to their high schools upon graduation. The academy is also working on an articulation of knowledge agreement with several counties with the goal of achieving a statewide standardized articulation of knowledge agreement.
The Mountaineer ChalleNGe Academy is sponsored by the West Virginia National Guard. To arrange a personal or group tour please contact:
Patrick Hammack
RPM Coordinator
Mountaineer ChalleNGe Academy
P.O. Box 586
1001 Army Rd, Camp Dawson
Kingwood, WV. 26537
1.800.529.7700 ext. 238
phammack@wvchallenge.org
For more information about the Academy or to download an application, please visit our Web site at: www.wvchallenge.org.
Patrick Hammack is recruiting, placement and mentoring coordinator for Mountaineer Challenge Academy.
State Bar seeks student entries for YouTube video contest
The West Virginia State Bar and the West Virginia Department of Education have partnered to offer students the chance to win as much as $1,000 for creating a three-minute video on “Righting a Wrong” to be placed on YouTube. The second-place finisher will win $500, while third place will receive $250.
The contest, which is open to West Virginia public school students in grades nine through 12, gives participants the chance to create a video about a wrong that they would right, an injustice they would correct, or something that they would remedy within the judicial system. The creator of the winning video also will receive basic accommodations at The Greenbrier for the awards presentation during the West Virginia State Bar’s annual meeting in May.
"The idea of the video contest is to reach as many West Virginia students as possible to help them understand the importance of the justice system," State Bar President Sandra Chapman said. “It is important in a democratic society to encourage students to express their ideas and interest in the law and the role it plays. I am confident we will get some creative entries.”
Videos will be judged based on originality, creativity, adherence to the theme and overall quality. Entries must include a parental permission form for those under age of 18. Submissions will be accepted from Jan. 25 to April 1. Students interested in entering the contest can download an application and other forms as well as rules at http://wvde.state.wv.us/wvstatebar.
For more information, contact Timothy Haught at the West Virginia State Bar at 304- 455-0172, or thaught@wvdsl.net.



Commentary
West Virginia’s labor outlook is gloomy
By the Rev. Matthew J. Watts
West Virginia has a workforce participation rate of only 56 percent. This means that only 56 percent of the people in the state age 16 and above are working or actively seeking employment. This is 10 percent below the national average and the lowest in the nation. And that is the good news.
Over the next five to 15 years, West Virginia's work force participation rate will drop precipitously. There are several factors at work.
First is the aging workforce. The baby boomers will retire in record numbers, which will result in potentially devastating consequences for both the work force and the economy. This is the best-educated, best-trained and most-productive workforce we have ever produced in this state. It is also the best compensated. When the members of this workforce retire, not only are their skills removed from the workforce, but their taxable income drops dramatically and many of them retire to the Carolinas or Florida.
The second contributor to the depletion of West Virginia's workforce is the poor health of its workers. This results from a combination of aging, tobacco use, substance abuse and obesity. Forbes Magazine ranks West Virginia as the most medicated state in the nation. West Virginia also has one of the highest rates of obesity, which contributes to diabetes, hypertension, renal failure, cardiovascular disease and other health issues.
A third contributor to the depletion of West Virginia's workforce is the high out-migration of many of our best-trained and most-skilled workers to surrounding states. According to Census data, 44 people leave West Virginia every day. This is exacerbated by the fact that we're the only state in the union with a net zero percent immigration rate.
Of those who graduate, one-third do not possess employable skills and over one-third of those who go to college are not prepared to do college-level work.
A fourth contributor to the depletion of the state's workforce is the crisis of high school dropouts and the low skill level of many who graduate from high school. Nearly 4,000 West Virginia high school students drop out of school each year.
Of those who graduate, one-third do not possess employable skills and over one-third of those who go to college are not prepared to do college-level work. In addition, West Virginia's college-going rate is one of the lowest in the nation and West Virginia has the nation's lowest percentage of college graduates.
A fifth contributor to the depletion of West Virginia's workforce is the impact of the adult criminal justice system. Since 1996, over 25,000 individuals have been committed to West Virginia's Division of Corrections. These individuals have been either temporarily or permanently removed from the work force. Many of them have limited education or job skills; others have substance-abuse or mental health issues. All who return from incarceration are permanently marginalized for employment by their felony status. There are another 40,000 individuals each year who pass through the revolving doors of the state Regional Jail Authority system.
A sixth contributor to the depletion of the workforce is the juvenile justice system. Nearly 7,000 youths in West Virginia appear before a judge or probation officer each year. Many of these youths will continue a life of crime and will graduate into the adult criminal justice system. These youths will have little or no participation in the workforce.
The approaching workforce labor shortage in West Virginia is the state's most pressing economic challenge. If not addressed immediately, it will result in devastation to West Virginia's economy. A devastation that we will not be able to "gamble" our way out of.
Watts is senior pastor and teacher at Grace Bible Church and president/CEO of HOPE Community Development Corp. in Charleston. HOPE has become one of the most recognized and respected non-profit organizations in West Virginia providing services to low income individuals, ex-offenders, veterans, public housing residents, and at-risk and high-risk youth and their families.
This column was first published in the Charleston Gazette and is used by permission.
Student representation is necessary for the 21st century
By Ben Adams
In this 21st century education system, students, like me, are finding more often that we desire to have more ownership and involvement in our education. The West Virginia state Board of Education seems to understand the concept that students can provide valuable input into how the decision you make can affect them on a day to day basis. Since 2007, the state board has given over 10, West Virginia students, including me, voice. The time has come for county school boards to follow their lead and empower West Virginia students with the responsibilities and high expectations that you continue to press upon us.
Students, with their first-hand experiences, are well positioned to provide valuable input on how we should go about addressing these major problems in education today.
Several counties, I know, have already begun working towards giving students this opportunity, but we must move fast. By providing this opportunity, we not only provide voice to students, but also a unique and a truly 21st century educational experience. As each second goes by, we lose more West Virginia children to dropping out of school, and it is imperative that we address these major issues, as quickly as possible to make sure that we don’t leave a single West Virginia child behind. Students, with their first-hand experiences, are well positioned to provide valuable input on how we should go about addressing these major problems in education today.
A couple months ago, I had the privilege of attending the Governors’ Summit on Global Competitiveness with a diverse group of over 30 students from across West Virginia. We were asked for our opinions on how to tackle some of the major issues in education in West Virginia. Sitting in the room with all those students, I heard many great ideas about how to confront major issues such as teacher merit pay, charter schools, student evaluations, student behavior and student achievement. Through this unique opportunity, it became evident to all present that many students were very passionate and vocal about their education. This event also proved that, given the chance, students were well equipped to develop solutions to any problem we throw at them. This confirms the necessity for student representation at all levels of the public school system.
The fact of the matter is, adults alone are not able to fix the problems in our education system today. Teachers, central office staff, superintendents and administrators are overworked and overwhelmed by the constant mandates passed down to them. It is a simple truth that student representation can only enhance the effectiveness of your decision-making and of theirs. The time has come for you open the gates and student leaders to stand up and speak out. I once heard a quote that said, “Leadership is the special quality which enables people to stand up and pull the rest of us over the horizon.” The time has now come for student leaders to pull this state over the horizon, to a world-class education system and better future for West Virginia.
Adams, 17, is the student body president of Capital High School, former student representative of the West Virginia state Board of Education and co-founder of West Virginians for Education Reform. For more information on how your county board can add a student representative, please contact him at btadamswv@gmail.com or 304-542-1196.

Legislative Record
“The less people know about how sausage and laws are made, the better they'll sleep at night” – Attributed to Otto von Bismarck (1815-1898), Prussian prime minister.
2010 LEGISLATIVE CALENDAR
1st Day - January 13, 2010: First day of session. (WV Const. Art. VI, §18)
20th Day - February 1, 2010: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)
41st Day - February 22, 2010: Last day to introduce bills in the Senate and the House. (Senate Rule 14), (House Rule 91a) Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.
47th Day - February 28, 2010: Bills due out of committees in house of origin to ensure three full days for readings.
50th Day - March 3, 2010: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)
60th Day - March 13, 2010: Adjournment at Midnight. (WV Const. Art. VI, §22)
Source: West Virginia Legislatur
Bill Derby - And They're Off!
"Remember, Lady Godiva put all she had on a horse and she lost her shirt!" - W. C. Fields (William Claude Dukenfield (January 29, 1880 – December 25, 1946), known as W. C. Fields, was an American comedian, actor, juggler and writer.)
Senate Bills
Senate Bill 6. Providing higher education employees' eligibility for Legislature. Second Reference Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB6 intr.htm&yr=2010&sesstype=RS&i=6
Senate Bill 26. Requiring State Board of Education create school drug safety program. Referred to Senate Education Subcommittee chaired by Sen. Randy White, D-Webster. Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2010&sessiontype=RS
Senate Bill 120. Requiring certain students provide dental exam proof. Passed House. Referred to House Health and Human Resources then House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB120 SUB1 eng.htm&yr=2010&sesstype=RS&i=120
Senate Bill 128. Relating to Smart 529 college savings plan. Passed Senate. Referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB128 intr.htm&yr=2010&sesstype=RS&i=128
Senate Bill 131. Relating to school employees' unused donated personal leave days. Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB131 intr.htm&yr=2010&sesstype=RS&i=131
Senate Bill 141. Providing foundation allowance for professional student support personnel. Second Reference to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB141 SUB1.htm&yr=2010&sesstype=RS&i=141
Senate Bill 143. Relating to salary bonus for National Board for Professional Teaching Standards (NBPTS) certification. Second reference to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB143intr.htm&yr=2010&sesstype=RS&i=143
Senate Bill 212. Relating to higher education capital facilities. Second Reference Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB122 intr.htm&yr=2010&sesstype=RS&i=122
Senate Bill 220. Relating generally to federal subsidy bonds and bond financing. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB220 intr.htm&yr=2010&sesstype=RS&i=220
Senate Bill 229. Authorizing School Building Authority issue certain outstanding bonds. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB229 SUB2.htm&yr=2010&sesstype=RS&i=229
(Senate Bill 237. Authorizing issuance of revenue bonds for public projects. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB237 eng.htm&yr=2010&sesstype=RS&i=237
Senate Bill 238. Relating to the use of mineral rights to benefit state agencies, institutions or departments. Passed Senate. Referred to House Natural Resources then House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB238 SUB1.htm&yr=2010&sesstype=RS&i=238
Senate Bill 324. Establishing tax credit for repayment of certain student loans. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB324 SUB2.htm&yr=2010&sesstype=RS&i=324
Senate Bill 331. Clarifying certain PERS and teachers' disability retirement qualifications. Passed Senate. Referred to House Pensions and Retirement then House Finance. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB331 intr.htm&yr=2010&sesstype=RS&i=331
Senate Bill 343. Increasing minimum age for ending compulsory school attendance. Second Reference to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB343intr.htm&yr=2010&sesstype=RS&i=343
Senate Bill 349. Requiring child care centers have written evacuation plan. Passed Senate. House Third Reading Special Calendar March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB349 SUB2.htm&yr=2010&sesstype=RS&i=349
Senate Bill 391. Relating to county board of education members' eligibility. Passed Legislature; referred to governor. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB391 enr.htm&yr=2010&sesstype=RS&i=391
Senate Bill 396. Updating commercial driver's license requirements. Passed Senate. Referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB396 SUB2.htm&yr=2010&sesstype=RS&i=396
Senate Bill 401. Relating to ad valorem property taxes ( holding harmless the local share for public school support for reductions in revenues resulting from decisions of a board of assessment appeals). Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB401 SUB1.htm&yr=2010&sesstype=RS&i=401
Senate Bill 442. Clarifying PEIA Finance Board may offset certain annual retiree premium increases. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB442 intr.htm&yr=2010&sesstype=RS&i=442
Senate Bill 446. Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only. Passed Senate. Referred to House Banking and Insurance then House Finance. Referred to House Finance. Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB446 SUB1.htm&yr=2010&sesstype=RS&i=446
Senate Bill 447. Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only. Passed Senate. Referred to House Banking and Insurance then House Finance. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB446 SUB1.htm&yr=2010&sesstype=RS&i=446
Senate Bill 449. Relating to PEIA preexisting conditions limitations. Referred to House Finance. Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB449 SUB1.htm&yr=2010&sesstype=RS&i=449
Senate Bill 453. Providing State Register subscribers electronic format option. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB453 intr.htm&yr=2010&sesstype=RS&i=453
Senate Bill 480. Relating to public higher education personnel. Passed Senate. Referred to House Education and House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB480 sub1 eng.htm&yr=2010&sesstype=RS&i=480
Senate Bill 499. Changing names of certain community and technical colleges. Passed Senate. Referred to House Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb499 org.htm&yr=2010&sesstype=RS&i=499
Senate Bill 530. Requiring children entering school prove certain immunization. Passed Senate Education. Referred to Senate Health and Human Resources. Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB530SUB1.htm&yr=2010&sesstype=RS&i=530
Senate Bill 533. Revising statutory language regarding child abuse. Passed Senate. Referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB533 intr.htm&yr=2010&sesstype=RS&i=533
Senate bill 543. Authorizing Energy and Water Savings Revolving Loan Fund Program rule for Higher Education Policy Commission. Passed Senate. Reference dispensed. House Special Calendar Third Reading March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB543 SUB1.htm&yr=2010&sesstype=RS&i=543
Senate Bill 547. Correcting inconsistencies in county board levies’ code. Passed Senate. Referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB547 intr.htm&yr=2010&sesstype=RS&i=547
Senate Bill 548. Extending time for Boone County Board of Education to meet as levying body. Passed Senate and House; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB548 enr.htm&yr=2010&sesstype=RS&i=548
Senate Bill 553. Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System. Passed Senate. Committee reference dispensed. House Third Reading March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB553 intr.htm&yr=2010&sesstype=RS&i=553
Senate Bill 573. Allowing audits published electronically with notice to proper authorities. Passed Senate. Referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB573 intr.htm&yr=2010&sesstype=RS&i=573
Senate Bill 574. Declaring December 7 special memorial day. Passed Senate. Referred to House Veterans’ Affairs and Homeland Security then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB574 intr.htm&yr=2010&sesstype=RS&i=574
Senate Bill 608. Authorizing county boards of education obtain central office administrator services under certain agreement. Senate Education deferred action Feb. 25. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB608 intr.htm&yr=2010&sesstype=RS&i=608
Senate Bill 610. Extending statutory exemption to certain out-of-school time programs. Passed Senate. Referred to House Government Organization. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb610 org.htm&yr=2010&sesstype=RS&i=610
Senate Bill 611. Removing location requirement for certain higher education offices. Has been referred to Senate/House Conference Committee. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb611 eng.htm&yr=2010&sesstype=RS&i=611
Senate Bill 612. Authorizing Governor certify certain capital improvement projects' lists. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB612 intr.htm&yr=2010&sesstype=RS&i=612
Senate Bill 626. Providing teacher's license eligibility requirements for alien residents. Passed Senate. Referred to House Education then House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB626 SUB1.htm&yr=2010&sesstype=RS&i=626
Senate Bill 631. Updating process for adopting textbooks and other instructional material. Passed Senate. Committee Reference Dispensed. House Special Calendar Third Reading March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB631 SUB1.htm&yr=2010&sesstype=RS&i=631
Senate Bill 633. Enabling counties, municipalities, the state and county boards of education to deposit public funds into deposit accounts that are swept periodically into multiple federally insured deposit accounts through a deposit placement program without providing a bond. Passed Senate. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB633 intr.htm&yr=2010&sesstype=RS&i=633
Senate Bill 636. Reconstituting Commission to Study Residential Placement of Children. Passed Senate. Referred to House Health and Human Resources then House Government Organization. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB636 intr.htm&yr=2010&sesstype=RS&i=636
Senate Bill 648. Repealing outdated and obsolete sections of education code. Passed Senate. Referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB648 intr.htm&yr=2010&sesstype=RS&i=648Senate
Senate Bill 669. Allowing municipalities to offer teen courts. Passed Senate. Referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB669 SUB1.htm&yr=2010&sesstype=RS&i=669
Senate Bill 677. Creating county boards of education school calendar committees. Senate Education adopted Feb. 25. Referred to Senate Finance. Recommitted to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB677 SUB1.htm&yr=2010&sesstype=RS&i=677
Senate Bill 686. Relating to Charter Schools. Recommitted to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB686 intr.htm&yr=2010&sesstype=RS&i=686
House Bills
House Bill 2542. "Jason Flatt Act of 2010.” Passed House. Referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2542 SUB.htm&yr=2010&sesstype=RS&i=2542
House Bill 2612. Increasing penalties for failing to report child abuse. Passed House. Referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2612 intr.htm&yr=2010&sesstype=RS&i=2612
House Bill 2773. Increasing the monetary penalties for selling tobacco products to minors. Passed House. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2773 SUB.htm&yr=2010&sesstype=RS&i=2773
House Bill 2639. Allowing for more teachers to be reimbursed for approved course work. Second Reference House Finance. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/RS/amendments/HB2639%20HED%20AM%201-26.htm
House Bill 2967. Encouraging teachers who have achieved a National Board for Professional Teaching Standards (NBPTS) certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates. Passed House. Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2967 SUB.htm&yr=2010&sesstype=RS&i=2967
House Bill 3123. Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3123 intr.htm&yr=2010&sesstype=RS&i=3123
House Bill 3152. Establishing Athletic Trainers Registration Act. Passed House. Referred to Senate Government Organization. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3152 SUB.htm&yr=2010&sesstype=RS&i=3152
House Bill 4016. Strengthening the Ethics Act Financial Disclosure Filing Requirements. Passed House 1/20/10. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4016 ENGSUB.htm&yr=2010&sesstype=RS&i=4016
House Bill 4026. Relating to Higher Education Capital Facilities Generally. Passed House. Referred to Senate Finance. Full Senate consideration deferred March 4. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4026 intr.htm&yr=2010&sesstype=RS&i=4026
House Bill 4031. Providing flexibility in the West Virginia public school support plan for funding regional education service agencies. Passed House. Referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4031 SUB.htm&yr=2010&sesstype=RS&i=4031
House Bill 4037. Relating generally to federal subsidy bonds and bond financing. Has completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4037 ENG.htm&yr=2010&sesstype=RS&i=4037
House Bill 4040. Requiring county boards to adopt contingency plans designed to guarantee 180 separate days of instruction for students. Signed by governor February 5, 2010. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4040ENR.htm&yr=2010&sesstype=RS&i=4040 (NOTE: Enrolled Bill).
House Bill 4041. Authorizing the School Building Authority to issue bonds in the maximum aggregate amount of $500 million outstanding at any time. Referred to House Finance. Reference:htmhttp://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4041intr.htm&yr=2010&sesstype=RS&i=4041
House Bill 4145. Providing services and facilities to assist student veterans at state institutions of higher education. Passed House. Referred to Senate Military then Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4145 SUB.htm&yr=2010&sesstype=RS&i=4145
House Bill 4161. Creating the Herbert Henderson Office of Minority Affairs. Passed House. Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4161 intr.htm&yr=2010&sesstype=RS&i=4161
House Bill 4164. Creating of a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law. Passed House. Referred to Senate Health and Human Resources then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4164 SUB.htm&yr=2010&sesstype=RS&i=4164
House Bill 4188. Establishing Anti-Criminal Street Gang Act. Passed House. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4188 SUB.htm&yr=2010&sesstype=RS&i=4188
House Bill 4207. Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device. Passed House. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4207 SUB.htm&yr=2010&sesstype=RS&i=4207
House Bill 4210. Requiring the Public Employees Insurance Agency Finance Board to have a quorum of five members present at any public hearing. Passed House. Referred to Senate Government Organization. Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4210 SUB.htm&yr=2010&sesstype=RS&i=4210
House Bill 4211. Providing supplemental funding for providing alternative programs for limited English proficient students. Passed House. Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4211 SUB.htm&yr=2010&sesstype=RS&i=4211
House Bill 4245. Relating to county board of education, eligibility of members and training requirements. Tabled by House Feb. 22. (Original same as Senate Bill 391.) Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4245intr.htm&yr=2010&sesstype=RS&i=4245
House Bill 4299. Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost. Passed House. Referred to Senate Finance. Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4299 SUB.htm&yr=2010&sesstype=RS&i=4299
House Bill 4223. Increasing the safety of school children that use school buses. Passed House. Referred to Senate Education then Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4223 SUB.htm&yr=2010&sesstype=RS&i=4223
House Bill 4281. Replacing references to "mental retardation" with "intellectual disability". Passed House. Referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4281 SUB.htm&yr=2010&sesstype=RS&i=4281
House Bill 4291. Eliminating duplicitous criminal background investigations with both the West Virginia State Police and the Federal Bureau of Investigation. Passed House. Referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4291 SUB ENG.htm&yr=2010&sesstype=RS&i=4291
House Bill 4299. Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost. Passed House. Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4299 SUB.htm&yr=2010&sesstype=RS&i=4299
House Bill 4306. Relating to public school support computation of local share. Referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4306 SUB.htm&yr=2010&sesstype=RS&i=4306
House Bill 4324. Extending the expiration date of employment of retired teachers beyond the post-retirement employment limit. Passed House. Referred to Senate Education then Senate Finance. Senate Education approved March 4. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4324 SUB.htm&yr=2010&sesstype=RS&i=4324
House Bill 4349. Updating terms and the process for approval and adoption of instructional resources in public schools. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=4349&year=2010&sessiontype=RS&btype=bill
House Bill 4359. Requiring local labor for public construction projects. Passed House. Referred to Senate Labor then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4359 SUB ENG.htm&yr=2010&sesstype=RS&i=4359
House Bill 4373. Eliminating the twelve-month look-back period for certain children who have had employer sponsored insurance. Passed House. Referred to Senate Banking and Insurance then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4373 ENG.htm&yr=2010&sesstype=RS&i=4373
House Bill 4387. Establishing “Flexible Leave Act.” Passed House. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4387 SUB.htm&yr=2010&sesstype=RS&i=4387
House Bill 4389. Exempting sales of personal tangible property and services by public and private schools from consumer sales tax and service. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4389 intr.htm&yr=2010&sesstype=RS&i=4389
House Bill 4424. Requiring a revised annual personnel evaluation process for all professional personnel that is aligned with the state's new teaching and leadership standards. Defeated by House Education Feb. 16. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4424 intr.htm&yr=2010&sesstype=RS&i=4424
House Bill 4436. Providing discretion to schools that make AYP to use assessments and adopting instructional strategies and programs that promote student learning. Passed House. Referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4436 SUB.htm&yr=2010&sesstype=RS&i=4436
House Bill 4455. Changing the Martinsburg public library to the Martinsburg-Berkeley County Public Library. Passed House. Referred to Senate Government Organization. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4455 SUB.htm&yr=2010&sesstype=RS&i=4455
House Bill 4448. Correcting an inconsistency in the code regarding school board levies. House Education approved. Referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4448 SUB.htm&yr=2010&sesstype=RS&i=4448
House Bill 4485. Increasing the penalties for overtaking and passing a school bus. Passed House. Referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4485 intr.htm&yr=2010&sesstype=RS&i=4485
House Bill 4493. Authorizing a rule for the Higher Education Policy Commission regarding the Energy and Water Savings Revolving Loan Fund Program. House Education approved Feb. 25. Placed on House Calendar March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4493 intr.htm&yr=2010&sesstype=RS&i=4493
House Bill 4512. Relating to school bus operators. Passed House . Referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4512 SUB.htm&yr=2010&sesstype=RS&i=4512
House Bill 4593. Relating to high school graduation improvement. Passed House. Referred to Senate Education then Senate Finance. Senate Finance approved March 4. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4593 intr.htm&yr=2010&sesstype=RS&i=4593
House Bill 4602. Defining the responsibilities of high school athletic directors. House Education approved. Third Reading House Calendar (with right to amend) March 5. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4602 SUB.htm&yr=2010&sesstype=RS&i=4602
House Bill 4615. Authorizing political subdivisions to establish risk pools to insure their Workers' Compensation risks. House passed. Referred to Senate Banking and Insurance then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4615 SUB.htm&yr=2010&sesstype=RS&i=4615
House Bill 4652. Establishing a school calendar committee for each county. House Education approved. Laid over on Second Reading Special Calendar March 4. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4652 SUB.htm&yr=2010&sesstype=RS&i=4652
House Bill 4667. Requiring the Commissioner of Highways to maintain school bus turnarounds in the state. Passed House. Referred to Senate Transportation and Infrastructure then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4667 SUB.htm&yr=2010&sesstype=RS&i=4667
House Bill 4669. Granting exceptions to certain statutes to innovation zone plans approved by state Board of Education. Passed House. Referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4669 intr.htm&yr=2010&sesstype=RS&i=4669
Resolutions
Senate Concurrent Resolution 15. Requesting Joint Committee on Government and Finance study student performance and instructional time. Referred to Senate Rules. Reference: http://www.legis.state.wv.us/Bill_Status/Resolution_History.cfm?year=2010&sessiontype=RS&input4=15&billtype=cr&houseorig=s&btype=res
Senate Resolution 17. Encouraging judicial circuits and county boards of education implement new approach to truancy. Has completed legislative action. Reference: http://www.legis.state.wv.us/Bill_Status/Resolution_History.cfm?year=2010&sessiontype=RS&input4=17&billtype=r&houseorig=s&btype=res
Senate Resolution 18. Requesting Senate substance abuse study committee review relationship between substance abuse and dropouts. Referred to Senate Rules Committee. Reference: http://www.legis.state.wv.us/Bill_Status/Resolution_History.cfm?year=2010&sessiontype=RS&input4=18&billtype=r&houseorig=s&btype=res
House Concurrent Resolution 57. Requesting a study on improving the efficiency, focus and fairness of the system for holding school systems accountable for preparing students for the 21st Century economy. House Education approved Feb. 16. Referred to House Rules. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/rs/BILLS/hcr57%20intr.htm
House Concurrent Resolution 58. Designating the annual observance of the week following Labor Day as Labor History Week.
House Education adopted Feb. 16 . Referred to House Rules. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/rs/BILLS/hcr58%20intr.htm
House Joint Resolution 101. Commercial and Industrial Tangible Personal Property Tax Exemption Amendment. House adopted Feb. 17. Referred to Senate. Reference: http://www.legis.state.wv.us/Bill_Status/Resolution_History.cfm?year=2010&sessiontype=rs&btype=res
Note: Listing not exhaustive.
ETC.
Meanwhile in New York City...
Kids in New York City who want to raise money for their sports teams or clubs are going to have to get creative, but not in the kitchen. New regulations have effectively banned bake sales, which, traditionally, are major money makers for school children, according to The New York Times.
In fact, according to the assistant principal of organization at La Guardia High School, a bake sale could bring in $500 in one day -- enough to fund a trip or purchase new uniforms.
The education department actually developed the new wellness policy last year, but it's only now, in the new school year, that the effects are being felt. Other changes include healthier options in school vending machines and restrictions on what can be sold in school stores.
The restriction doesn't ban all junk from schools at all times. Students are still allowed to bring treats for themselves and their classmates, and there is no limit on what kinds of food can be sold during after-school sporting events.
IN re (because, as The Times points out, it apparently doesn't matter if you're eating cakes and cookies as long as it's after school hours, right?).
Original article appeared in New York Times Oct. 2, 2009

Wisdom
“ The more you know the less you understand.” - Tao Te Ching, Chinese Taoist Philosopher (600 BCE – 531 BEC), founder of Taoism, wrote "Tao Te Ching" (also "The Book of the Way")

Soundbites
“A minimum of sound to a maximum of sense.” – Quotation attributed to Mark Twain describing the term “sound bites.”
“I call on leaders of the AFL-CIO, the West Virginia Education Association and other education groups to support pro-growth policies that will help to stimulate business activity and grow more private-sector jobs for all our citizens…” – Steve Roberts, state Chamber of Commerce President, reacting to the demise of charter schools legislation this session.
“We have got to sit down and be serious about changing education in West Virginia and using the money that basically the federal government is going to allot to make some changes to give our kids the chance to really compete for the quality jobs of the 21st century and the skills they will need.” – Gov. Manchin
“It even saddens me to say that I really believe that public education would be better if we just let the teachers teach and that’s all they had to worry about.” – Sen. Erik Wells
“I’m angered that he would say that the WVEA doesn’t care about kids and that I don’t care about kids.” – WVEA President Dale Lee
“There are some good charter schools out there where employees still have their rights. So we’re hopeful that we can come to some consensus as to what a bill might look like.” – AFT-WV President Judy Hale
“The GED Option provides that the student may stay enrolled in school and take the GED test.” – Debra Kimbler of Department of Education
“I know that the county superintendents are not anxious to have to justify the need for positions.” – WVASA Executive Director Martha Dean
“I get a lot concerned when you have a bill that dictates that every position must have the approval of the state superintendent.” Tucker County Supt. Richard Hicks
Last Word
“The wide world is all about you; you can fence yourselves in, but you cannot fence it out.” – J. R. R. Tolkien (1892-1973), British writer and author of the richly inventive epic fantasy, The Lord of the Rings.
Former superintendent doesn’t like Senate Bill 608
By Marsha Carr-Lambert
Senate Bill 608 has stirred quite the conversation throughout various circles in the state. This bill focuses on the cooperation and collaboration of counties to promote sharing of employees as well as requiring a structured process involving the state Education Department in establishing need and granting authority.
While asked to comment on this bill as president of West Virginia Association of School Administrators, I declined since as president my role is to facilitate over the association representing the entire membership and not make public statements that may or may not conflict with the views of the membership. Therefore, WVASA will not comment on this bill as an association.
I will respond to this request as a former superintendent, which is more appropriate, and my comments are neither a reflection of WVASA nor any of the membership, but instead are my personal reflections as a former superintendent who served the state of West Virginia for over a decade and has been in public education for 30 years.
In regard to this bill, the intent to work cooperatively and collaboratively as county school systems is certainly in alignment with efforts to be more effective and provide better services. I can’t imagine anyone not wanting or agreeing in concert with this effort.
I believe this bill fails me, as a superintendent, when it begins to question my ability and judgment in determining positions either necessary or for collaborative purposes through shifting the determination to the state department of education.
For me, my personal hesitation in the support of this bill lies in the procedural guidelines for implementation. Each and every school system in the state of West Virginia is as unique and different akin to the children we serve. We work diligently as educators to create differentiated instruction to promote successful learning environments as we recognize these differences in children, but yet this bill treats school systems as a ‘one size fits all.’ I believe this bill fails me, as a superintendent, when it begins to question my ability and judgment in determining positions either necessary or for collaborative purposes through shifting the determination to the state department of education.
While my working relationship with the state department has always been positive, it seems that this bill is counterproductive to the desired results in public education and state department initiatives – that of moving from decentralized control to centralized – and certainly opposite the direction leadership research advocates. Any bill that continues to move systems into centralized control may have a difficult time standing strong. I support the intent of the bill – more collaboration and cooperation among counties –perhaps we just need to work on how to cooperatively steer our efforts to be more collaborative.
Marsha Carr-Lambert has served in various educational capacities in West Virginia, including teaching and serving as a school superintendent. She also is an accomplished writer, educational consultant and college professor.
Marketplace
COUNTY SCHOOLS SUPERINTENDENT. The Pocahontas County, WV, Board of Education is accepting applications for County Schools Superintendent. Must meet WV qualifications for county superintendent. Salary/benefits negotiable. 2 elementary schools; 1 elementary/middle school; 1 middle school; 1 comprehensive high school; stabilizing student enrollments; 110 professional personnel; 90 school service personnel; $13 million budget; WV School Of Excellence for Vocational Program; Title I Distinguished designation. For “Notice of Position Vacancy,” Application Form and related materials, contact: Pocahontas County Schools Superintendent Search, c/o WV School Board Association, PO Box 1008, Charleston, WV 25324, or visit www.wvsba.org (preferred). Application deadline: 4:00 p.m., Wednesday, March 31, 2010. For additional information regarding Pocahontas County Schools/Marlinton, WV, visit: http://boe.poca.k12.wv.us/ www.NaturesMountainPlayground.com or PocahontasCountyWV.com or http://www.pccocwv.com/


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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
Rick Olcott (Wood), President
Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org
Vincit omnia veritas
“Truth conquers all”



