2006 Carryover bills listed

The following is a selected listing of House of Delegates “Carryover Bills.”

For purposes of brevity, specific public education bills are listed. Other measures, including higher education, retirement-related bills, bills relating to the Public Employees Insurance Agency (PEIA), “child welfare,” crimes,  and other education-related bills ordinarily  reviewed in “bill editions” of The Legislature are excluded.

Thus, this issue is primarily for archival purposes. Additionally, bills are listed numerically not topically as in “bill editions” of The Legislature.

Only persons who receive The Legislature via electronic format will receive this special volume, unless requesting hard copies from the West Virginia School Boards Association by contacting hocull@wvsba.org

For sake of brevity, electronic links are not included, although “active bills” are indicated by the symbol, “*”

All bills were introduced Feb. 11, 2006.

Editor’s Note: The Senate does not “carryover bills.”

 

The Carryover bills are:

Bill would make it a felony to commit “assault upon school property”; or against school personnel

House Bill 2018. Proposed §61-2-15b would make it a felony to commit armed assault or to conspire to commit armed assault on school property, or against school personnel or students who are on school property. Conviction of the offense(s) would result in a minimum fine of $10,000 and 25 years in prison. Sponsored by Del. Michael Caputo (D-Marion). Referred to the House Education Committee, then the House Judiciary Committee.

Similar proposals have been introduced/considered in previous legislative sessions.

Spouse employed by county board could transfer “accumulated sick leave” to his/her spouse “without limitation”

House Bill 2019. Proposed §18A-4-10e would allow any employee whose spouse is also employed by the same county board to “transfer accumulated sick leave to his or her spouse without limitation.” Sponsored Del. Tim Ennis (D-Brooke). Introduced Feb. 9. Referred to House Education, then the House Finance Committee.

House Bill 2135 is a related bill. It would “mandate” that county boards establish personal leave banks. Current law allows counties the option of establishing personal leave banks, although they aren’t required. There are three House sponsors, including lead sponsor Del. Rick Staton (D-Wyoming).  Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would increase school service personnel workers pay by one grade after 10 years’ employment

House Bill 2021.  Proposed amendments to §18A-4-8a would increase school service personnel workers by one Pay Grade after 10 years’ employment. Those employees at the top Pay Grade would receive a $30 per month increase in pay, based on 10 years’ employment.

Sponsored by Del. Brady Paxton, D-Putnam. Referred to House Education, then House Finance.

Neck braces would be required of football players; WVSSAC to adopt rule

House Bill 2023. Proposed revisions to §18-2-25 would require the state Secondary Schools Athletics Commission to adopt a rule mandating use of neck braces by football players who participate in interscholastic athletic football events.

Sponsored by Del. Caputo.  Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Insurance premium proposed for county board bus drivers and drivers Ed’ teachers

House Bill 2026.  Proposed §33-20-21 would provide school bus operators and drivers’ education instructors a five percent reduction in insurance premiums for covered personal vehicles. Insurance companies could add certain restrictions, including proof of a driving record free of violations and liability for accidents during a three-year period.

Sponsored by Del. Otis A. Leggett (R-Pleasants). Referred to the House Banking and Insurance Committee, then the House Judiciary Committee.

Similar proposals have been introduced/considered in previous legislative sessions.

Cooks-per-meals ratio would become mandated; now proposed “guidelines”

House Bill 2031. Proposed revisions to §18A-2-13 would mandate the statutorily-established cooks-per-meal guidelines established in 1994. County boards can use the optional guidelines when scheduling full-day and half-day cooks.

Sponsored by Del. Caputo. Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Substitute teachers would receive full pay if substituting for more than 10 days

House Bill 2037.  Proposed revisions to §18A-4-7 would provide substitute teachers a full daily rate of pay if the substitute teacher has taught in excess of 10 instructional days in the same school year.

Sponsored by Del. Paxton. Referred to House Education Committee, then House Finance Committee.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would remove law section vesting voc ed property with state School Board

House Bill 2050. Under terms of this legislation, a section of law would be repealed which relates to vesting of the title of vocational education property with the WVBE.

Sponsored by Del. Ron Fragale, D-Harrison.  Referred to House Judiciary.

County boards would be required to give priority to aides with college credits when hiring these personnel

House Bill 2062.  Proposed revisions to §18A-2-5 would require county boards to give priority to teacher aide applicants who have college credits when making employment decisions.

The bill stipulates that in the event two or more applicants have college credits, the applicant having the most credit will be given “highest priority.”

Sponsored by Del. Staton. Referred to House Education, then House Finance.

Bill concerns salary reductions for school principals for reasons such as loss of excess levies

House Bill 2087. This measure relates to reduction of local salary supplements for principals and assistant principals due to factor such as loss of an excess levy.

The proposed language would require county boards, in those cases, to “implement a supplemental salary reduction plan so that principals, assistant principals and all other administrative personnel (will) receive a percentage salary reduction equal to the percentage salary reduction placed upon teachers for that county.” Should local funds again become available, they would be restored accordingly.

Sponsored by Del. Ron Thompson (D-Raleigh). Referred to the House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Two measures relate to compulsory school attendance, one exempting students who attend church schools

House Bill 2897. Proposed revisions to §18-8-8 would change the state’s compulsory school attendance age from age 16 to age 18 or until the student graduates.

Note: This is one of two bills “reintroduced” relating to compulsory attendance, the first concerning a testing exemption for students who attend certain church schools (House Bill 2123).

According to former Sen. Mike Ross, D-Randolph, legislation such as House Bill 2897 will be beneficial in that it would “require” students to remain in school rather than being able to become drop-outs and, thus, be in a position to be more susceptible to criminal activity, due to excess time or no structured activity during the day.

When Ross’ measure was considered a few years ago, critics said it would lead to further disciplinary problems in schools due to the presence of “disinterested” students.

Introduced by Del. Tom Azinger, R-Wood – by request.  Referred to House Education, then House Judiciary.

Del. Brady Paxton, D-Putnam, introduced House Bill 2123. Referred to House Education, the House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

School Aid Formula allowance increase proposed for professional educators (“Step I”)

House Bill 2140. Proposed revisions to §18-9-4 would increase the School Aid Formula Foundation Allowance for Professional Educators (Step I) from the current 53.5 professional educators per 1,000 students (adjusted enrollment) to 55 educators per 1,000 students.

The school service personnel ratios would be increased from 34 service employees per 1,000 students (adjusted enrollment) to 37 school service personnel per 1,000 students.

Sponsored by Del. David Perry, D-Fayette. Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Students would be required to receive instruction regarding “Founding Documents”

House Bill 2149.  Proposed revisions to §18-2-9 would require public school students prior to graduation from high school to acquire one- and one-half years’ instruction in the study of the U.S. Declaration of Independence and other “founding” American historical documents such as the Bill of Rights, the Federalist and Anti-Federalist Papers.

The purpose of such study, as outlined in the bill, is to “firmly establish the historical background leading to the establishment of the… (U.S.) Constitution and Bill of Rights…” Students would have to complete “basic instruction” in geography, U.S./state/local history/government, the Declaration of Independence and U.S. and West Virginia Constitutions prior to “participat(ing) in secondary level courses involving the study of social problems, global economics, foreign affairs, the United Nations, world government, socialism or communism…”

Sponsored by Del. John Overington (R-Berkeley). Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would appropriate $8 million for alternative education programs; grant awards for pilot programs

House Bill 2157. Proposed revisions to §18-9A-21 would make a number of changes in an existing statute relating to alternative education, including a required $8 million appropriation for alternative education programs.

Other bill provisions would require the state superintendent to grant awards for pilot or innovative programs, especially programs that will serve the “most students in the alternative program.”

The bill also emphasis grants based on programs that utilize effective in-school suspension, requiring students to “work their way back into the regular classroom through improved behavior.”

Similar provisions are stipulated for students in higher grades, including an emphasis on 16 hours instruction per week for Middle/Junior and High School students. The final criteria relates to ensuring “safety in regular classrooms and alternative education strategies to improve student behavior and learning.”

There are three House sponsors, including lead sponsor Del. Perry. Referred to the House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

County boards would be required to establish “moment of silence” observance at start of school day

House Bill 2201.  Proposed §18-5-15g would require county boards to “establish the daily observance of one minute of silence in each classroom of the county.”

Teachers would be required to “take care that all pupils remain seated and silent and make no distracting display to the end that each pupil may, in the exercise of his or her individual choice, mediate, pray, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice, during the one-minute period of silence.”

The proposed legislation has a provision directing the state Attorney General to “intervene and provide…legal defense of this law.”

A bill “preamble” states that purpose of the legislation is to guarantee “every pupil free exercise of religion within the schools (with) the least possible pressure from the state “either to engage in, or refrain from, religious observation on school grounds (in the manner outlined in the legislation).”

Sponsored by Del. Lidella Wilson Hrutkay (D-Logan). Referred to House Education, then House Judiciary.

Note: West Virginia voters approved such a constitutional amendment in 1984. The amendment was subsequently rejected by a federal court as unconstitutional promotion of religion. This proposal would enact the practice in statute.

Similar proposals have been introduced/considered in previous legislative sessions.

All board employees would be required to receive CPR and “blood precaution” training 

House Bill 2214.  Proposed §18-5-15g would require county boards to train all school personnel in Cardiopulmonary Resuscitation and “blood precaution.”

Sponsored by Del. Don C. Perdue (D-Wayne). Referred to House Education, then House Finance.

Bill would establish arbitration for employee grievances – suspensions/dismissals

House Bill 2293.  Under terms of this bill, mediation would be required for Level IV grievances if involving a suspension and dismissal, or as requested by an employer or grievant for other matters.

Mediation also could be required “prior to a Level II hearing” upon request of the employer or grievant. Grievance board hearing officers must have proper training if conducting mediation.

Arbitration
Under a newly-proposed section of law, §18-29-10a, a grievant would be entitled to submit the grievance to arbitration prior to the matter reaching Level IV.

The arbitrator must be mutually agreed upon by the two parties.

The bill includes extensive procedures relating to arbitration, including presentation of facts, witness testimony, rules for the conduct of the arbitration, etc.

The arbitrator’s decision would have to be made in 30 days.

The decision would be binding, although such a judgment could be set aside by a circuit court if the “award was procured by corruption, fraud or undisclosed conflict of interest, or if the arbitrator exceeded his or her authority.”

There are three House sponsors, including lead sponsor Del. Amores. Referred to House Education, then House Judiciary.

 

Good Friday would become a legal holiday

HB2310.  Proposed revisions to §2-2-1 would make Good Friday a legal holiday. There are four sponsors, including lead sponsor Del. Perry. Referred to House Government Organization, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would prohibit WVBE from “imposing” rules that interfere with lawmakers’ ability to provide thorough and efficient education

House Bill 2315. Proposed revisions to §18-2E-8b would “establish a framework to avoid the imposition of (West Virginia Board of Education) policies and practices upon the public schools that interfere with the Legislature’s ability to provide for a thorough and efficient system of education by distracting attention and resources from the core mission of the public schools, improving student, school and school system performance and progress.”

These are among bill provisions:

1. All policies proposed by the WVBE “its agencies or any other agency of the state” that affects the public schools must have a fiscal note, estimating its cost to the schools, including direct expenditures for personnel (including substitute costs), and need for personnel in certain certification areas as well as training, equipment, facilities, travel and “other areas for which direct expenditures may be necessary.
2. Consideration also is to be made for indirect costs, including additional time that may be required for teachers and administrators to comply with the proposed requirements.
3. Consideration of “opportunity costs,” meaning costs relating to the extent that any “existing duties, functions or activities will or may be hindered, diminished or eliminated as a result of the (proposal), and the contribution of these duties, functions and activities toward providing a thorough and efficient education that will be lost (such as) changes in the allocation of instructional time and effort by teachers and principals, changes in the allocation of instructional time and resources, existing courses and programs of study that will or are likely to be reduced or eliminated if new requirements are added without additional resources and any other current activities that will or may be hindered, diminished or eliminated.”

The WVBE or other agencies issuing policies or rules would be responsible for any direct, indirect or opportunity costs.

Accordingly, programs would be implemented only to the extent resources are provided.

Process for Improving Education Council

Agencies considering policy or rule promulgation may meet with the Process for Improving Education Council in order to discuss or consult relating the proposals, including considerations and reviews of costs.

The agency also is to discuss prospects for any grant or external funding. Additionally, the WVBE or agencies proposing new programs may submit improvement packages to the Legislature prior to adoption of any policy, rule or program.

The Office of Education Performance Audits is to conduct a review of all policies, rules and programs affecting public schools that have been adopted, amended or initiated since July 1, 1999 (the date the PIEC was created).

As part of the OEPA review, the agency is to make a report to the state board concerning needed “capacity” and resources to meet existing policies, rules and regulations.

A copy of this report is to be filed with the Legislative Oversight Commission on Education Accountability (LOCEA). The PIEC includes LOCEA members. Ex officio (voting) members include the governor (or designee) and the Chancellor of the Higher Education Policy Commission (or designee).

The Council meets at the call of the governor.

There are other provisions.

There are four House sponsors, including lead sponsor Del. Paxton. Referred to House Education, then House Finance.
 Similar proposals have been introduced/considered in previous legislative sessions.

Ethics Commission Opinions would have precedential status; “absolute defense” for requestor

*House Bill 2328.  Proposed revisions to §6-9A-11 would establish that reliance on a written West Virginia Ethics Commission Advisory Opinion relating to open meetings laws is an “absolute defense” in civil suits or criminal proceedings taken against an individual or governing body “unless the (EC) was willfully and intentionally misinformed as to the facts by the (governing) body or its representative.”

Sponsored by Del. Amores.  Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Beer licensee establishment would need to be 1,000 feet from church or school

House Bill 2337. Proposed revisions to §11-16-8 would require beer licensee establishments to be 1,000 feet from a church or school. The current required distance is 300 feet. There are seven House sponsors, including lead sponsor Del. Overington. Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Law enforcement officers would be prohibited from monitoring persons exercising constitutional rights

House Bill 2341. This proposed legislation would disallow law-enforcement officers or agencies from engaging in surveillance of individuals or groups based on these persons’ or entities’ participation in activities allowed by the First Amendment to the U.S. Constitution.

There are several provisions.
The legislation was first in 2004. There are three House sponsors, including lead sponsor Del. Amores.  Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Service personnel salary increases would be based on local housing costs

House Bill 2349. Proposed §18A-4-8j would provide school service personnel salary increases based on residential housing costs. The employee would receive a two percent annual salary increase for each 10 percent that residential home prices in the employee’s county exceed the statewide average for residential homes. There are other provisions.

Sponsored by Dels. John Doyle (D-Jefferson) and Overington. 

Referred to House education, then House Finance.
           
Salary augmentation
 
Also refer to House Bill 2370.  Proposed §18A-4-5e and §18A-4-8j would create a salary augmentation for school employees (and public employees), by providing a .5 percent increase for every 1 percent that the employee’s resident county per capita income exceeds the state’s average per county per capita income. The proposed public employee section is §5-5-6.

Sponsored by Dels. Doyle and Walter Duke (R-Berkeley).

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

School service personnel would be able to receive $500 bonus for early retirement announcement

HB2384. Proposed revisions to §18A-2-2 would ensure that school service personnel are eligible for a statutory $500 early retirement bonus as teachers are. The measure was first considered in 2004, passing the House of Delegates, but dying in the Senate.

Sponsored by Dels. Doug Stalnaker (D-Lewis) and Ennis.

Referred to the House Pensions and Retirement Committee, then House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Bills relate to Governor’s Cabinet on Children and Families/Aftercare and similar programs

House Bill 2399/House Bill 2403. These measures would require the Governor’s Cabinet on Children and Families to implement a pilot plan for establishing a system of Family Resource Networks.

As stipulated in these bills, the FRNs would provide various core programs designed to assist families and especially students to ensure that students are “(able) to succeed in school… (and that) students and families who are the most economically- and socially disadvantaged receive priority status for receiving services when resources are limited.”

For the above reasons, centers would be operated in collaboration with local schools, community-based organizations and local service providers.

Centers are responsible for providing “developmental programs for children from birth through (age five) such as…Starting Points curricula, childcare, Head Start and public school preschool.”

Aftercare

Other programs to be offered include aftercare programs such as “Third Base,” as well as programs to encourage parental involvement, agency information and referral, family crisis and mental health counseling and referral, access to Adult Basic Education programs, coordination of Welfare to Work Programs, and optional programs such as those relating to nutrition, recreation and personal development.

FRNs could apply for grants in order to be able to provide enhanced services. (The proposed statute is fairly specific about the granting process.)

Program oversight, including training of personnel and program effectiveness is the responsibility of the Cabinet.

There are several other provisions.

House Bill 2399 has three sponsors, including lead sponsor Del. Amores.       

House Bill 2403 is sponsored by Dels. Amores and Sharon Spencer, D-Kanawha. Both bills have been referred to House Government Organization, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

County boards would be barred from employing legal counsel to hear grievances

HB2401. Proposed revisions to §18-5-13(L) would prohibit county boards from employing legal counsel “for the purpose of dealing with employee grievances.”

There are other provisions.

There are two House sponsors, Del. Caputo and Dale Martin, D-Putnam.

Referred to House Government Organization, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Discrimination based on sexual orientation and disability would become bias-based crimes

House Bill 2442. The purpose of this legislation is to include sexual orientation and disability as bias-based crimes.

These crimes would be defined as “attempts to injure, intimidate or interfere with any other person while in free exercise or enjoyment of any right or privileges secured to him or her by the Constitution or laws of the state…”

These type crimes would be considered felonies.

There are three House sponsors, including lead sponsor Del. Amores. Referred to House Judiciary.
House Bill 2470, a related measure, would prohibit discrimination based on sexual orientation.

Sponsored by Del. Carrie Webster, D-Kanawha.

Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

State Superintendent could establish “school choice zones” for student inter-county transfers

House Bill 2463. Proposed revisions to §18-5-16 would allow the state superintendent of schools to “designate …school choice zones,” based upon “multiple appeals” received from the same geographic area of a county relating to proposed student transfers to another county.

Based on such a designation, students residing in the “school choice zone may transfer from the sending county to the receiving county if the student wishes.”

If a student transfers to a “receiving county after his or her area of residence has been designated a school choice zone, the student is to be) counted in the (receiving county’s) net enrollment.”

There are other provisions (current law) relating to return of a student to his county of residence, including language that allows the county of residence to “issue an invoice to the county from which the student transferred for the amount, determined on a pro rata basis, that the county of residence otherwise would have received under the (state school aid formula).

The bill has several additional sections.

There are four House sponsors, including lead sponsor Del. Caputo.

Referred to House Education, then House Finance.

Bill would change “sanitation worker” pay grade from “Pay Grade F” to “Pay Grade G”

House Bill 2464. The purpose of this legislation is to change the school service personnel Pay Grade of “sanitation worker” from Pay Grade “F” to “G.” Pay Grade “G” is the second highest Pay Grade.

Sponsored by Dels. Mary Poling (D-Barbour) and Dale Stevens (D-Cabell).

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

National motto display proposed for public buildings, including schools

House Bill 2481.  This measure would encourage state and local governmental entities to “prominently display” the National Motto, “In God We Trust,” on public property, including buildings.

There are seven sponsors, including lead sponsor Del. Overington.

Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would establish the West Virginia Literacy Council; relates to adult literacy programs

House Bill 2509  Proposed §18-7-4 et. seq. would create the West Virginia Literacy Council. Under terms of the bill the council couldn’t include more than 25 members.

The council’s major purpose is to integrate planning and formalize coordination/collaboration among adult literacy delivery systems in West Virginia.

The council also is to facilitate the “involvement of people and agencies statewide in the formulation and implementation of adult literacy policies and programs.”

The council is to establish various program objectives, including efforts to coordinate activities with public and private agencies in areas such as workplace literacy and family literacy programs.

There are four House sponsors, including lead sponsor Del. Frederick.

Referred to House Government Organization, then House Finance.

$2,000 pay raise proposed for teachers who teach in their field of training

House Bill 2516.  Proposed §18A-4-2b would provide a $2,000 pay incentive to teachers who teach in their core degree field.

Sponsored by Del. Ron Walters (R-Kanawha). 

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions in past legislative sessions.

Measure would allow county boards to study feasibility of entering into agreements with local transit authorities

House Bill 2536.  First introduced in 2003, this bill would allow county boards, under a revised §18-5-13(g)(3), to study and “determine whether it would be appropriate and cost-effective to enter into a cooperative agreement with a local public or regional transit authority to transport school-age children to and from school.”

Before a board could enter into such an arrangement, the county would have to submit the “proposed cooperative agreement” to the state Department of Transportation for “review and approval.”

The DOT can’t approve any cooperative agreement proposal that doesn’t comply with minimum federal transportation safety standards regarding transportation of school-age children.

If the DOT approves a board’s cooperative agreement, the county is to submit an annual report to the Legislature’s Joint Committee on Government and Finance “detailing the costs and benefits of the agreement.”

The DOT secretary is to propose legislative rules for assessing whether “cooperative agreements proposed by a county board should be approved.”

Sponsored by Del. Walters.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would establish the “Diabetes Care Plan Act”

*HB2548. This bill would create the “Diabetes Care Plan Act” by adding five new sections of Code, §18-2K-1 et. seq. The bill would require the West Virginia Board of Education to adopt guidelines for “individual diabetes care plans” in consultation with the state Bureau of Public Health and the state Department of Health and Human Resources.   The WVBE, in developing the guidelines, also must “consult with (local board) employees who have been designated as responsible for coordinating their county’s efforts to comply with (Section 504 of the federal Rehabilitation Act of 1973).”

The board also is required to “refer to” existing guidelines having been developed by the American Diabetes Association for management of children with diabetes, and also must “consider recent resolutions by the U.S. Department of Education’s Office of Civil Rights of investigations into complaints alleging discrimination against students with diabetes.”

WVBE guidelines, as finally adopted, must include “procedures for the development” of an “Individual Diabetes Care Plan,” as may be requested (in writing) by parents or guardians.

These plans must involve the parent/guardian, the student’s health care provider, student’s classroom teacher, the student “if appropriate,” and the school nurse “if available,” as well as “other appropriate school personnel.”

The Individual Diabetes Care Plan is to include the responsibilities of various school personnel, including “appropriate staff development.”

Other required components include an “emergency care plan,” which outlines the “identification of allowable actions to be taken, the extent to which the student is able to participate in the student’s diabetes care and management “ and other relevant information necessary for school personnel to “offer appropriate assistance and support to the student.”

Nurses Required

The legislation would require a school nurse on “staff” in “each elementary school where a diabetic child is enrolled.”

Boards would be prohibited from “transferring” students from schools without a school nurse to schools having a nurse in order to “comply with the school nurse requirement.”

Among other bill provisions, plan guidelines are to be updated “as necessary and shall ensure that the guidelines and any subsequent changes are published and disseminated to county boards.”

County Boards

County boards would be responsible for ensuring that WVBE adopted care guidelines are implemented in local schools, based on procedures and guidelines for diabetes care as adopted by the WVBE in conformity with the statute.

County boards also have to inform school personnel of the guidelines.

The WVBE’s is to report its progress toward implementing the law by Sept. 1, 2007.

Guidelines outlined in the statute must be adopted by Jan. 15, 2007.

There are other provisions.

There are seven House sponsors, including lead sponsor Del. Kenneth D. Tucker (D-Marshall).

Referred to  House Health and Human Resources, then House Education.

County boards could be billed for college students’ remedial classes

House Bill 2549.  The purpose of this measure is to allow institutions of higher learning to “…maintain a procedure to charge county boards…for remedial education classes attended by graduates of West Virginia high schools.”

Sponsored by Del. Walters.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

“State Payment for State Mandates Act” reintroduced in 2006 Session

House Bill 2557. This  eight-page bill, which has been introduced in the past several legislative sessions, would create the “State Payment for State Mandates Act.” These provisions would be included in a proposed §4-13-1 et. seq.

The bill begins by saying some actions of state government “are often taken with little regard for the fiscal consequences of the actions upon the affected local jurisdictions,” including county boards.

The bill also says many of the state’s local governments are experiencing varying degrees of “fiscal stress resulting from the need to provide adequate public services to their citizens but without the local tax resources to do so.”

Accordingly, “full funding (is to be) provided for any net additional costs to (county governments) that are incurred by those jurisdictions in complying with the required performance of a new or expanded program under the provisions of any state law, rule or order.”

“Expanded program or service” would be defined as meaning any local governmental program/service whose “scope or level…(would) be increased, extended or enhanced” in order to comply with a state law, rule or order.

“Net additional cost” is defined as costs anticipated to be incurred within a one-year period by a local governmental entity in areas such as administering a new program or service required by state law, rule or order “after subtracting therefrom any revenues received (by the local government),” including program fees, state or federal aid, offset savings resulting from reducing or eliminating other programs, etc.

New program or service would mean a program that differs in “kind or purpose from those in existence at the time (a law or rule was enacted) requiring the performance or administration of the program by (a local governmental entity).”

‘Sufficient funds’

Newly-proposed rules would be inoperative until a “state appropriation is made and sufficient funds are provided” to the affected local governmental bodies, with exceptions for public safety considerations, or if the proposal is optional, required by private, special or local laws, or arises from an executive order.

An Office of Local Mandates would be established within the Department of Administration. One duty of that office is to issue “Local Impact Statement (containing) a fiscal analysis of the net additional costs to (county governments) of any new or expanded program or service (the local governments) would be required to perform or administer as a result of the proposed or adopted law, rule or order.”

Agencies proposing rules would forward them to the Office of Local Mandates which has five days in which to develop the Local Impact Statement.

That office also would evaluate all legislative bills and laws, rules and orders previously enacted or adopted, updating them as to new net additional costs. An appeals board would hear local government “appeals” relating to costs of implementing laws, rules or orders that may have been based on “demonstrably inaccurate cost estimates contained in a Local Impact Statement…”

Sponsored by Dels. Walters and Tim Armstead (R-Kanawha).

Referred to House Government Organization, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

“Flood Protection Planning Act” proposed; State Council proposed

House Bill 2621.  This legislation would create the “Flood Protection Planning Act.” It would establish a “State Flood Protection Planning Council,” made up of state officials, including various state-level cabinet officials.

The council has broad power, including coordination of all “flood protection programs and activities in the state.”

The council also would review the state’s flood protection plan – required by the statute – and undertake various other activities, including public awareness efforts regarding “flooding issues.”

The council also would maintain and monitor a listing of current and proposed capital expenditures to reduce or mitigate flood damage, coordinate planning of flood projects with federal agencies and improve professional management of flood plains, among other duties.

The bill creates an 18-member Flood Protection Planning Advisory Committee, comprised of appointees of various agencies and organizations, including the U.S. Army Corps of Engineers, Division of Highways, Division of Natural Resources and Bureau of Public Health.

The advisory committee is responsible for making recommendations to the Council.

The council is required to make quarterly reports to the Legislature’s Joint Legislative Oversight Commission on Flooding, which the bill would also establish.

The reports are to relate to “progress toward reducing and mitigating flood damage within this state and to develop legislative recommendations.”

There are other reporting requirements.

There are seven House sponsors, including lead sponsor Del. Brent Boggs, D-Braxton. 

Referred to House Government Organization.

Flags would be flown at half-mast when state resident soldier dies in combat

House Bill 2625.  Proposed §15-11- 3 would provide that the U.S. flag is to be flown at half-mast for three days whenever a state resident solider dies by hostile fire or when an in-state law-enforcement officer is killed in the line of duty.

The Secretary of Military Affairs and Public Safety is to send notices to all state and local governments whenever a soldier dies by hostile fire or a law-enforcement officer is killed in the line of duty.

There are five House sponsors, including lead sponsor Del. William F. Stemple (D-Calhoun).

Referred to the House Veterans Affairs and Homeland Security Committee, then House Judiciary.

Athletic director position would be required at each county high school

House Bill 2660. Proposed revisions to §18A-1-1 (the definitions section of laws relating to school personnel) would establish the position of “athletic director.”

By the 2006 school year, county boards would be required to employ an athletic director for each county high school.

Each county high school that participates in 12 or less varsity sports would be required to have a half-time director whose teaching duties couldn’t exceed 20 hours per week. If a school has 13 or more varsity sports, they are required to have a full-time athletic director.

That individual can have no teaching duties. An athletic director is further defined as a professional educator who is “responsible for supervising the management and operation of the athletic programs and activities of the school to which he or she is assigned.”

A proposed §18A-2-9a elaborates upon these duties, who would be employed upon the county superintendent’s recommendation, with county board approval.

The athletic director must have “valid credentials” for the position.

Prerequisites

The bill then specifies a number of “prerequisites” required for assignment of athletic directors, including:

• A minimum five years coaching experience (interscholastic/intercollegiate).
• A college degree in athletic administration; or a masters degree in educational administration; or, completion of a “Leadership Training Class” provided through the National Interscholastic Athletic Administration Association (NIAAA) Leadership Training Program.

(The program includes instruction relating to athletic administration, including leadership, organizations, principles of athletic administration, and legal issues associated with the position of athletic director.)

The bill has a “grandfather” clause for persons currently employed, except that these persons must complete the Leadership Training courses listed above.

An additional bill provision states that athletic directors are to “assume administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school for which he or she is assigned.”

‘Responsibilities’

As outlined in the bill, these are among responsibilities required of athletic directors:

• “Supervision of games; overseeing the athletic budget; hiring of game officials; scheduling athletic contests; knowing and upholding all county, West Virginia Secondary Schools Activities Commission and league rules and regulations; maintaining records regarding players, medical forms, insurance forms and the like; scheduling transportation to sporting events; supervising and observing coaches; and, procuring athletic equipment, etc.
• The bill also allows for employment of assistant athletic directors who must also complete the Leadership Training Courses outlined above.
• There, too, are grandfather provisions for these persons.

Sponsored by Del. Paxton.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Credit at trade/vocational schools could county toward service workers’ pay rates

House Bill 2784. Proposed revisions to §18A-4-8a would allow comparable credit at trade or vocational schools to count toward service personnel pay rates.

These increased rates of pay are given in regard to advanced learning degrees.   The trade or vocational schools would have to be approved by the WVBE.

There are five House sponsors, including lead sponsor Del. Perry. 

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

County boards would be required to employ one nurse for every 1,500 pupils

House Bill 2804.  Proposed revisions to §18-5-22 would require county boards to employ one school nurse for every 1,500 pupils, based on net enrollment.

The provision would apply to all grade levels.

There are seven sponsors, including lead sponsor Del. Sally Susman (D-Raleigh). 

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill relates to substitute service personnel seniority status

House Bill 2805. Proposed revisions to §18A-4-8g would permit substitute school service personnel to acquire regular employment status, “with the exception of regular seniority.”

Substitute employees would accumulate substitute seniority while performing in substitute assignments.

When the substitute employee returns to regular employment, he or she is to “return to the status previously held.”

There are six House sponsors, including lead sponsor Del. Caputo.

Referred to House Education, then House Finance.

Aides having more than 20 students “per session” would receive extra pay

House Bill 2806. Proposed revisions to §18-5-18a would require county boards – from county funds entirely – to pay any kindergarten aide/paraprofessional who has more than 20 students per session, or any such employee in grades 1-6 who has 25 or more pupils per session, “additional compensation based on the affected employee’s average daily salary divided by 20 (this applies to kindergarten aides/paraprofessionals) or the average daily salary divided by 25 for aides/paraprofessionals in grades 1-6.”

The resulting figure would be multiplied by the number of additional pupils enrolled, up to the maximum “permitted in the classroom.”

There are three House sponsors, including lead sponsor Del. Caputo.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would require annual “Celebrate Freedom Week” during week of 9/11

House Bill 2867. Proposed revisions to §18-2-9 would require that a full week of classes during the week of September 11 annually be set aside for “Celebrate Freedom Week.” During “Celebrate Freedom Week,” students must receive at least three hours’ instruction and in-depth study regarding the “intent, meaning and importance of the Declaration of Independence and the Constitution of the United States with an emphasis on the Bill of Rights, using the historical, political and social environments surrounding each document at the time of its initial passage or ratification.”

Also required is the “study of historical documents leading to the establishment of the provisions of the Constitution and Bill of Rights by the founding fathers for the purposes of safeguarding our constitutional republic.”

There are five House sponsors, including lead sponsor Del. Armstead.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Bills seek to revise nurse/student ratios in public schools

House Bill 2919. Proposed revisions to §18-5-22 would change the required ratio of school nurses to one nurse per 1,500 students in grades K-12. An additional bill provision would fund school nurses through a step in the state School Aid Formula (proposed §18-9A-27).

Counties would be required to employ at least one school nurse. Boards also could continue to contract with health departments for services that would be “equivalent to those required by (the proposed law).”

A final bill provision requires the WVBE to promulgate rules requiring the employment of school nurses in excess of the number “required by this section to ensure adequate provision of services to severely handicapped students.”

House Bill 2920, a related bill, would establish a nurse/student ratio of one school nurse per 750 students in Grades Pre-K-12 (currently one school nurse per 1,500 students in grades K-7.)

House Bill 2919 has four House sponsors, including lead sponsor Del. Poling.

Referred to House Education, then House Finance.

House Bill 2920 has five House sponsors, including lead sponsor Del. Longstreth.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

State employees would be able to take leave to attend parent/teacher meetings

House Bill 2924.  Proposed §29-6-28 would allow state employees to take paid leave to attend parent/teacher conferences.

Employees could use up to four such hours annually.

Leave could be taken for no more than two “mutually-scheduled conferences per child per year.”

Travel time may be included in the four hours’ leave.

The time off can’t be credited against the employee’s annual/sick leave benefits so long as the employee makes a “reasonable, good-faith effort to schedule time off so as to not unduly interfere with the operations of the work unit or require the applicable agency to incur additional human resources or overtime costs.”

The leave also would apply to “mutually-scheduled parent caregiver conference(s) for the employee’s preschool-aged child attending a licensed group child care center.”

There are 11 House sponsors, including lead sponsor Del. Caputo

Referred to  House Government, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Persons would have right to be free from violence without regard for motive

House Bill 2926. Proposed revisions to §61-6-21 would be amended so that all persons would have the right to be free from any violence, without regard to motivation (such as gender, race, religious affiliation, beliefs, etc., as currently spelled out in this section of Code).

There are five House sponsors, including lead sponsor Del. Overington. 

Referred to House Judiciary.

Similar proposals have been introduced/considered in previous legislative sessions.

Bill would make changes in laws regarding substitute school teachers

House Bill 2968.  This bill would make a number of changes in statutes relating to substitute teachers.

These are among proposed changes:

• Proposed revisions to  §18A-1-1 would include a definition for “Long-term substitute.” These individuals would be defined as professional educators who are not employed as regular “professional educator(s), but who (are) employed in the same teaching position for (30) consecutive days or who (are) at the time of employment, anticipated to be employed for (90) consecutive days within the employment term.”
• The bill would allow long term substitute teachers to receive Public Employees Insurance coverage.
• A long-term substitute hired after the beginning of the instructional term would receive his or her “(mentoring) orientation at a time that is mutually agreed upon by the principal, the mentor and the long-term substitute.
• If the orientation program is scheduled outside the employment term, the professional employees participating in the orientation session shall be paid their normal daily rate of salary.”
• The Code section is §18A-3-2b (‘Beginning Teacher Internships’).
• Teachers having served for 133 days or more in a “single employment term and (who continue) to be employed as a substitute…” are to be considered as “permanently-employed professional personnel” for purposes of filling teaching vacancies, meaning these individuals are to be treated in terms of the seven criteria outlined in §18A-7a.            

There are 10 House sponsors, including lead sponsor Del. Perry.

Referred to House Government Organization, then House Finance.

Similar proposals have been introduced/considered in previous legislative  sessions.

Measure would make several school aid formula revisions; extensive bill

House Bill 2994.  This bill would make a number of SAF-related revisions.

These are among bill provisions:

• Proposed revisions to  §18-9A-8a would specify that the Legislature is responsible for establishing the “amount” of funds Regional Education Service Agencies (RESAs) would receive, thus removing a “formula” established in Code several years ago. (It is based on a percentage of SAF Steps I and II – the ‘personnel’ steps.)
• Proposed revisions to §18-9A-10 would require SAF Step VII (Foundation Allowance to Improve Instructional Programs) to be funded at $33 million annually. (This proposal would replace current Code language which says Step VII funding is to be an “amount appropriated by the Legislature…”)

Capacity-Building for AYP

• The same section of Code would include a $5 million “capacity-building” appropriation “to assist schools that have been identified as seriously impaired…and schools that have not met (Adequately Yearly Progress) for two or more consecutive years under the federal “No Child Left Behind” statute…”
• The moneys would be “appropriated” to the WVBE, which is responsible for distributing the dollars, based on criteria the board would develop (by rule). First priority funding would go to those schools identified as seriously impaired, with second priority going to those schools not having met AYP.
• This proposed Code revision has reportage requirements to the Legislative Oversight Commission on Education Accountability.
• In addition to the above funds, this section of Code would be amended to provide an $8 million appropriation for “safe schools.”

The state superintendent would grant county boards “awards for pilot or innovative alternative education programs that promote safe schools…(including) programs that will serve the most students in the alternative program (and) programs in elementary schools that utilize in-school suspension and requirements that alternative students work their way back into the regular classroom through improved behavior…”          

The bill has similar language for students in middle and secondary grades, and allows the WVBE to develop additional criteria for funds distribution under this proposed addition to Code.

Salary Increments

• Additional growth – described as “growth in revenues from one fiscal year to the next… – would be “utilized to provide a ($570) salary increment or the usual increment whichever is highest.”
• First priority for salary increments would be given to teachers who have a bachelor’s degree (and BA+15) and who have 14 years of experience; then teachers who have a master’s degree and to teachers who have an MA+15 with 17 years’ service; Bill provisions then would provide salary increases to teachers who have MA+30 degrees, and MA+45 degrees.

Provisional Funding

• If the increase in local share is inadequate to fully fund the “usual yearly increment, the growth in local share shall be used to fund as much of the yearly increment as the growth in local share will allow.”
• If funds exceed the statutory increment required, dollars would be distributed to teachers having the various degrees outlined above, based on years of service. The funding would continue until all teachers “who have less than (35 years’ service) receive the usual increment salary increase.”
• A corresponding bill provision says that any additional growth in local share revenues would be appropriated to fund across-the board-salary increases for teachers and school service personnel (based on guidelines outlined in the bill)…”
• The bill has a final provision which would require any moneys that arise from a “decreases” in state aid (due to declining enrollments) to be placed in a WVBE line-item that would be referred to as the “Salary Enhancement Line Item,” with these dollars then being added to dollars resulting from increases in local share all of which would be used for salary purposes, as outlined in the bill.

There are seven House sponsors, including lead sponsor Del. Richard Browning.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

Measure relates to statewide arts initiative to promote arts in the public schools

*House Bill 3019. Proposed §18-2D-1 would recognize that the “Appalachian Education Initiative serves a meaningful function in promoting the role of art education in the public schools and that programs provided by this organization and others similar to it benefit the state.”

The bill section amended relates to community education generally. The purpose of the law is to “facilitate the providing of educational, recreational, cultural, social, health and other community services, in accordance with the needs, interests and concerns of the community, through the establishment of community education programs, in cooperation with other governmental agencies and community service organizations.”

There are 10 sponsors, including lead sponsor Del. Robert Beach, D-Monongalia.

Referred to House Education, then House Finance.

Similar proposals have been introduced/considered in previous legislative sessions.

WVSSAC would be required to establish two classes of tournament competitions

House Bill 3055. Proposed revisions to  §18-2-25 would require the West Virginia Secondary Schools Activities Commission (WVSSAC) to establish two classes of competition in all end-of-year interscholastic athletic tournaments.

Sponsored by  Del. Amores.

Referred to House Education, then House Judiciary.        

Note: When considered last year, House Education voted to table the measure.

Legislation would require disruptive students to be placed in alternative settings

House Bill 3077.  This measure would establish two newly proposed sections of law—§18-21-1 and §18-21-2.

In the bill’s statement of intent, there is a statement that the Legislature “concludes that children who are disruptive…should be placed in alternative learning classrooms, outside of the regular classroom, where the curriculum requirements are designed to continue the traditional learning process while rigorously addressing the particular disruptive behaviors exhibited by the students who are being served, including anger management and training.”

The legislative findings then direct county boards to “develop and implement a program which includes an alternative learning classroom to meet the needs of children who exhibit disruptive behavior and failure to follow school rules…”
Program requirements

These are among program requirements:

• The program goal is to “reintegrate” children who are being served in alternative classrooms into the “regular classroom…”
• Students who are placed in alternative classrooms are to be “served by the highly qualified classroom teachers to whom they are assigned and shall be provided educational programming while being physically located in the alternative classroom.”
• County boards are required to “seek and secure liaisons with community law enforcement, health care professionals and mental health community resources in the preparation of programs and curriculum requirements (for these youth).”
• Anger management as well as the dangers of alcohol and substance abuse is to be included in programs and curriculum requirements.
• The program applies to all middle, junior high and high schools, with no class size being larger than 20 students.
• County boards “shall establish and maintain adequate behavior modification capacity, programs and personnel, designed to address behavior problems children may exhibit, while instilling adherence to school rules in alternative learning classrooms. (This requirement can’t replace special education classrooms.)
• The proposed statute can’t override provisions of law relating to safe schools and the federal No Child Left Behind Act (NCLB).
• The WVBE must promulgate rules to effectuate goals of the legislation.

There are five House sponsors, including lead sponsor Del. Spencer.

Referred to  House Education, then House Finance.

Related Bill
House Bill 3079 would require creation of appropriate alternative facilities at each developmental level for children having serious emotional and psychological disorders.

The programs must be “planned and prepared in a manner that offers a tangible prospect of success in addressing emotional and psychological disorders at each grade and developmental level that these children experience.”

The WVBE is required to develop rules to implement the bill. There are other provisions.

Sponsored by Dels. Houston and Beach. 

Referred to House Education, then House Judiciary.

Bill relates to out-of-state placement of children with learning disabilities

House Bill 3078. Proposed revisions to  §18-20-1 would state the Legislature’s “policy” that no child with a learning disability or psychological or behavioral disorder should have to, “of necessity,” be treated out-of-state to address the disorder or disability “due to the absence of sufficient treatment capacity and programs in the state.”

The revised statute would require county boards to “establish and maintain adequate treatment capacity and programs to address the learning disabilities and psychological and behavioral disorders of the children under their authority.”

If programs are insufficient to address children’s needs, a child could get treatment from an out-of state facility.

The WVBE is required to promulgate statutory rules.

Sponsored by Dels. Nancy Houston and Beach, both D-Monongalia. 

Referred to House Education, then House Judiciary

‘Fetal models’ would have to be displayed in the public schools

House Bill 3124. Proposed §16-2J-1 would require all middle and secondary schools in the state to “display, in a prominent and public place, a set of fetal models that depict the size and appearance of the ‘unborn child’ in the womb (in) at least five stages of development.”

The “fetal models” are to be displayed for at least two “one month periods during each school year, one of these months ending before (Dec. 15), and the other beginning after (Jan. 15) in the following calendar year.”

Note: The U.S. Supreme Court of Appeals case, Roe v. Wade, was decided on Jan. 23, 1973, and is a date commemorated by both those who support abortion rights and those who oppose abortion.

There would be a $300-a-day penalty for not displaying the “fetal models.”

Sponsored by Del. Larry Barker, D-Boone.

Referred to House Education, then House Judiciary.

Service personnel mechanics could count private sector work for experience

House Bill 3131. Proposed revisions to §18A-4-8j would allow school service personnel mechanics, in terms of experience, to count the “amount of years as a mechanic in either the public or private sector…special training as a mechanic or any specific certifications held…(to be) considered in the mechanic’s pay rate…”

Bill provisions would apply “for both present employees and potential employees,” with the pay rate commensurate with the “amount” of experience, training or certification the mechanic holds. The bill’s intent is to ensure that mechanic’s salaries “stay competitive with the private sector.”

House Bill 3131 has four House sponsors, including lead sponsor Del. Steven Kominar, D-Mingo.

Bill would establish two new school service personnel positions; additional measure would revise school service personnel compensation laws

House Bill 3132.  Proposed revisions to §18-5-13(5)(u) would require county board “purchases” to be made through Regional Education Service Agencies. (The proposal actually uses the word ‘may’ in terms of county board utilization of RESAs for purchasing, although the bill notes say the practice would be “required.”)

The legislative intent is one of “providing economies of scale and (to reduce costs).”

The measure would be effective July 1, 2006.

There are four House sponsors, including lead sponsor Del. Walters. Introduced March 22.

Referred to House Education, then House Finance.

Similar legislation has been introduced/considered in previous legislative sessions.

House Bill 3133 would establish the school service personnel Class Titles “Administrative Assistant” and “Legal Secretary.”

Administrative assistants are employees who would assist the county superintendent or other administrators in charge of various county-level functions such as instruction, maintenance, transportation, food services, operations, etc. and who “exercise significant administrative duties.”

Legal assistants are those employees who assist county board legal counsel or other employees “primarily engaged in (transcribing or preparing) transcripts of grievance or other hearings,” and who have several related duties in these areas.

Administrative Assistant and Legal Assistant would be Pay Grade “H,” the highest school service Pay Grade.

House Bill 3240 makes a number of revisions in school service personnel compensation statutes. It is the similar to several school service personnel pay-related proposals, including provisions relating to upgraded pay grades for cooks and custodians. 

House Bill 3133 has seven House sponsors, including lead sponsor Del. Caputo.        

House Bill 3240 is sponsored by Del. Charlene Marshall, D-Monongalia.

Referred to House Education, then House Finance Committee.

Similar proposals have been introduced/considered in previous legislative sessions.

Bus operators could carryover years of experience in counting seniority

House Bill 3189. Proposed revisions to §18A-4-8g would allow bus operators, in determining seniority, to carry-over years of experience they have had operating buses in “another state or county.”

Sponsored by Del. Craig P. Blair, R-Berkeley. 

Referred to House Education, then House Finance.

Upon student request, school employees would be able to counsel sex education

House Bill 3210. Proposed §18A-2-14 would allow school employees, “upon request of any student, or when it appears to be in the best interest of the student…to educate, explain, counsel or assist a student regarding basic sex education, social expectations and roles of men and women, and birth control methods, including abstinence, medications, devices and abortion.”

The bill applies to “any person employed by, compensated or providing any services for the (West Virginia Board of Education) or any county board.”

The information shared between the school employee and student would be privileged (“confidential”), and “no person” could be compelled to disclose the information “given in such confidence.”

There are exceptions in cases where the school employee may believe that the student has been a crime victim or a victim of “any form of abuse.”

In this case, the employee “may notify the appropriate authorities without being held in violation of (the proposed section of law).”

There are three House sponsors, including lead sponsor Del. Barbara Hatfield, D-Kanawha.

Referred to House Education.

Measure would establish “crimes against public justice” statute

House Bill 3137. This bill has several sections concerning “crimes against public justice” such as harassing or intimidating public officials or jurors.

A newly proposed provision would make it a crime to harass people for giving information regarding crimes to law-enforcement officials. There is a 10-year jail term, upon conviction; other fines and penalties.

Sponsored by Del. Linda Sumner, R-Raleigh. 

Referred to House Judiciary.

Bill establishes “malicious assault” crime for battery on public bus drivers

House Bill 3213. Proposed §61-2-16a would establish the crime of malicious assault, unlawful assault, battery and recidivism of battery and assault on a “driver,” conductor, motorman, captain or any other person in charge of vehicles used for “public conveyance.”

Various fines and penalties would be established (misdemeanors, felonies).       

Note: This legislation doesn’t strictly address school bus operators, although, given its definitions, it would appear they are covered by its provisions.

There also have been several instances of such assaults on Kanawha Valley Rapid Transit Authority (KRT) bus drivers, one of which occurred late last year.

There are three House sponsors, including Del. Joe Delong, D-Hancock.

Referred to House Judiciary.

Bill would provide teachers pay increase based on residential housing costs

House Bill 3241. This legislation would provide teachers a salary increase, based on residential housing costs. The bill establishes a formula so that the increase is two percent of the employee’s regular salary for every 10 percent that residential house prices in the employee’s county exceed the statewide average for residential homes.

There are nine House sponsors, including lead sponsor Del. John Overington. Referred to House Education, then House Finance.

House Bill 3290 would provide an additional $5,000 salary increase for teachers who are certified mathematics and science teachers, teaching these subjects in grades 7-12. The increase also would apply to certified reading specialists.

Sponsored by Del. Samuel J. Cann, D-Harrison. 

Referred to House Education, then House Finance.

Both proposals have been referred to House Education, then House Finance.

Federally-insured banks would have to accept board deposits without bond requirement

House Bill 3275. Proposed revisions to §18-9-6 would allow federally-insured depositories to accept county board moneys for deposit without posting a bond or other assets.

Funds must be placed in a deposit-matching network that provides for federal insurance from the Federal Deposit Insurance Corporation (FDIC) for the full amount of the deposit.

There are five House sponsors, including lead sponsor Del. R. M. Thompson. 

Referred to the House Banking and Insurance, then House Judiciary.

Bill relates to “up skirting” by use of cellular phones with cameras, similar devices

House Bill 3282. Proposed §61-8-28A would make it unlawful to take films of any person’s “intimate areas” without that person’s knowledge or consent. The bill covers taking of such pictures or films in any location, public or private.

It addresses what is known as ‘up skirting,’ according to the bill note, a practice which is more pervasive given cameras available on cellular telephones or palm pilots.

There are five House sponsors, including lead sponsor Del. Staton.

Referred to House Judiciary.

Veterans could share experiences in military with public school students

House Bill 3334. Proposed §18-2A-8a would create a program for veterans to share their experience in the military with public school students.

The program aim is for students to learn about “military service, patriotism and courage in the defense of our country from veterans who volunteer to share their experiences in the educational setting.”

Teacher participation in the program would be voluntary and “may not be considered a course requirement or mandatory in any other way.

The West Virginia Board of Education is to promulgate rules to implement the program.

There are eight House sponsors, including lead sponsor Del. Armstead.

Referred to House Veterans Affairs and Homeland Security.

 

 

 

The Legislature is published by the West Virginia School Boards 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.

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