WVSBA The Legislature

March 7, 2008 - Volume 28 / Issue 17

Overview Info

Stats

Day of 2008 Regular Session 59th
Days Remaining 1
Bills Introduced:
(Including 629 House carryover bills)
2,133

 

Quote:“Fat ‘possums travel late at night…” – Legislative axiom attributed to former House Speaker Clyde See, D-Hardy, who served in the early- to mid-1980s. See’s reference regards the Legislature’s penchant for log-rolling or considering several bills that have been hastily-amended – so hastily sometimes that members may know what they are voting on.

Inside

News


By Jim Wallace

Many people regarded the Legislature’s current session as slow until the past couple of weeks. But there was a key exception: It never was slow in regard to lawmakers’ work on education issues.

“There’s been a lot of work going on behind the scenes all session on education, as always,” Bob Brown, executive secretary of the West Virginia School Service Personnel Association, said. “I think it’s going to be a pretty good session for education. They’ve done a lot of work.”

People from a variety of viewpoints – from legislators to lobbyists from labor to administration perspectives – agree that three big issues, along with many smaller ones, contributed to education’s big share of attention during the session. The biggest issue seems to have been the proposed merger of two pension systems, but pay raises for teachers and school service personnel and changes in the school aid formula also have been big.

“Certainly, the salary is a more critical issue,” Judy Hale, president of the West Virginia Chapter of the American Federation of Teachers, said. “But when my staff goes out into the field, it is the pension merger bill that people want to talk about. So it’s certainly the one that’s getting the most attention out in the classrooms.”

Martha Dean, executive director of the West Virginia Association of School Administrators, said, “Overall, it has been a positive session with them taking up big issues.”

Likewise, House Education Committee Chairwoman Mary Poling, D-Barbour, said, “It’s been a good session for education if everything passes that’s out there.”

Of course, as the session heads toward its final hours late Saturday, there are still questions about which bills will get through the legislative process and in what form they will emerge in the end. The House and Senate have developed widely different versions of the pension merger bill, and it is far from clear what they will settle on for pay raises.

Very few lawmakers are opposed to some sort of merger of the pension plans that would allow more than 19,000 teachers and school service workers in the Teachers’ Defined Contribution Pension System to switch to the Teachers Retirement System.

When the Legislature set up the Teachers’ Defined Contribution system in 1991, lawmakers were trying to avoid running up further debts for the chronically under-funded Teachers Retirement System by putting newly hired school employees into 401(k)-style plans. But the way the new system was set up, employees in it generally received poor investment advice. The result is that many people in that newer system who would like to retire soon do not have enough pension money.

Gov. Joe Manchin proposed a merger plan that would cost the state nothing, but require hefty buy-ins by those making the switch. The House approved a different version in House Bill 4496 that would lower the buy-in cost for education employees but cost the state $78 million. Tuesday, the Senate approved a version that could cost the state as much as $20 million but perhaps much less, even nothing, depending on how many people opt for the switch.

Senate version is designed to encourage as many people as possible in the newer pension system to make the switch by increasing the level of pension benefits as the level of participation goes up. If at least 70 percent switch, they would get 80 percent of a Teachers Retirement System pension. If 75 percent switch, the benefit level increases to 82.5 percent. If 80 percent switch, the benefit level increases to 85 percent. And if 85 percent or more switch, the benefit level increases to 87.5 percent.

People from a variety of viewpoints – from legislators to lobbyists from labor to administration perspectives – agree that three big issues, along with many smaller ones, contributed to education’s big share of attention during the session. The biggest issue seems to have been the proposed merger of two pension systems, but pay raises for teachers and school service personnel and changes in the school aid formula also have been big.

Under the House version, the base benefit would be 75 percent of a Teachers Retirement System pension, but participants could buy in to receive the other 25 percent at a comparatively low cost. They would have to pay what they have in their Teachers’ Defined Contribution accounts plus 1.5 percent of career earnings to buy into the Teachers Retirement System.

“There is quite a bit of disparity between the Senate and the House on what we have proposed,” Senate Education Committee Chairman Bob Plymale, D-Wayne, said. “How we come to those conclusions and result in the compromise that we have to reach in the next few days is going to be pretty interesting.”

Representatives of teachers and school service workers favor the House version, but Hale said they would like to include a couple of the points of the Senate version. She said the Senate’s proposals to educate participants on the proposed changes and allow them to make their choices in the schools where they work are “excellent ideas. But obviously, when it comes to how much the individuals would have to pay back, the House version is much better for us.”

Although senators contend the $78 million cost of the House version is too expensive, Hale counters that it would be “one-time money and there’s a lot of one-time money this year. So I definitely think the state can afford it, and I think it’s the only fair thing to do.”

Charles DeLauder, president of the West Virginia Education Association, said the $78 million cost of the House version is not too expensive considering the state’s culpability resulting from the way the newer pension system was set up and investment plans were allowed to make pitches to participants. “If there were a lawsuit filed against the companies that came in and misrepresented their products and teachers’ retirement, I think it would be closer to the $500 million to $600 million mark,” he said.

Another complaint from labor leaders about the Senate version of the pension merger bill is that it is too complicated. Even advocates of the bill, including Plymale and Senate Pensions Committee Chairman Dan Foster, D-Kanawha, referred to the bill as “complicated” during floor debate.

Gov. Joe Manchin proposed a merger plan that would cost the state nothing, but require hefty buy-ins by those making the switch. The House approved a different version in House Bill 4496 that would lower the buy-in cost for education employees but cost the state $78 million. Tuesday, the Senate approved a version that could cost the state as much as $20 million but perhaps much less, even nothing, depending on how many people opt for the switch.

“There’s going to be a small window of opportunity to educate people about whatever the bill is,” Hale said. And she is concerned that, because the level of benefits would depend on the percentage of people who sign up for the switch, people won’t know “how much it is going to cost them or how much credit they’re going to get” when they decide on the switch.

However, Plymale denies the proposal is too complicated even though people will not know what the benefit level will be when they have to sign up.

“But remember they have up to a year to do it after they select,” he said. “By that time, we’ll also know what the determination is and the percentage. And at that time, they’ll also know exactly what it is. It can go as high as 87.5 percent, which is pretty close to the full amount of it.”

Despite the differences of opinion over what the final version of the bill should contain, there is a general consensus it is good for the Legislature to settle this long-festering issue this year.

“We’re going to get something,” Brown said. “We’re not sure of what it’s going to be yet, but we’re addressing the issue.”

Wednesday, the House and Senate appointed members of a conference committee to work out differences between the two versions of the bill.

About pay raises, Gov. Manchin offered teachers 3 percent, but the Senate Education Committee increased that to about 4.6 percent. It would give teachers and other employees with certificates $1,600 across the board plus another $400 for teachers and another $700 for service professionals.

“It’s not what teachers would like,” Dean said. But DeLauder said he was pleased lawmakers were considering giving teachers more than the governor had planned to give them.

Despite the differences of opinion over what the final version of the bill should contain, there is a general consensus it is good for the Legislature to settle this long-festering issue this year.

Because it is the Senate’s turn to take the lead on putting the budget bill together, Poling said the House was waiting to see what the Senate would propose for pay raises. But she also said  instead of basing pay raises on percentages as the governor proposed, delegates were more inclined to do “a flat pay raise to bring the base up to $30,000 for classroom teachers.”

The House Education Committee took a step to change the way pay raises for teachers and school service personnel would be considered in the future. The committee approved a resolution Poling said would “look at a long-term solution to teachers’ salaries and school personnel salaries that keeps them from having to come to the Legislature every year as their salary rank sinks and we don’t put any resources into it.”

The proposal to change the school aid formula has received less public attention than the pension merger and pay raise proposals, but it has the potential to create more long-lasting effects on the state’s public education system. It is the result of four years of study and several weeks of work during the current session. The bill passed by the House of Delegates, House Bill 4588, would add $48 million a year in funding for public schools over the next three years.

Poling described it as a fairer system than the current one which has become outdated. The bill would: Compensate for different enrollment size and population density among counties; preserve personnel for improving learning without forcing schools to put more students into special education; and guarantee funding for the minimum number of professional positions needed in nursing, counseling and technology. In debate on the House floor, Poling said the bill would require 580 new positions in classrooms and some for experts in technology systems.

“It might pass,” Dean said. “It’s needed to be fairer to counties that are sparsely populated.”

The bill passed the House on a 96-2 vote on Feb. 26. The Senate Education Committee amended it and sent it on to the Senate Finance Committee, where it was awaiting action late this week. But Senate Finance Committee Chairman Walt Helmick, D-Pocahontas, said he thought the House proposal is too expensive.

“That can’t happen, because it’s locked in forever,” he said. “The economy is going to turn down. We’ve got to be responsible even with education and say, OK, we need to do some things a little differently. I can’t see how we can come up with $48 million.”

Helmick said just as the Senate opted for spending less than the House on the pension fund merger, it would insist on spending less than the House wants on the school aid formula.

“We got to find out where we’re spending the money on the formula,” he said. “I can get all irate over this, because I do know a little about the formula. I studied the formula. It’s the most complicated document that man has ever seen. So we have a problem with it.”

Gov. Manchin has also indicated that, like Helmick, he is concerned the state is heading for an economic slowdown and soon will not have the budget surpluses that have given it a financial cushion in recent years. He said he wants the state to avoid having to reduce services or raise taxes when the expected downturn takes hold.

Helmick said just as the Senate opted for spending less than the House on the pension fund merger, it would insist on spending less than the House wants on the school aid formula. “We got to find out where we’re spending the money on the formula,” he said. “I can get all irate over this, because I do know a little about the formula. I studied the formula. It’s the most complicated document that man has ever seen. So we have a problem with it.”

“I’m watching every bill that has any amount of money with it now,” Manchin said in an interview on “Talkline” on the MetroNews radio network. “If we’re not careful, we can erode everything we’ve done well.”

But Hale does not think that is justification for denying teachers good pay raises, especially when the governor and lawmakers are considering significant tax breaks for businesses.

“I understand that the governor wants to be fiscally responsible,” she said. “But there are millions of dollars that are being given to businesses in terms of decreases in taxes, and I think we have to have a balance there. We have to be able to attract business, but we’ve also got to be able to educate our people. There needs to be a little balance in terms of what you spend in order to educate children.”

With all these big education issues and a number of smaller ones still in play at the end of this week, many people are hopeful that this session could be a very good one for education. But with expectations so high, they’re also wary that it could turn out to be a big disappointment.

“Right now, we’re just in the middle,” DeLauder said. “We’ve got the pension bill going to conference committee and once that gets taken care of, we’re hopeful that everything else will just fall into place and things will be as we hope they will be.”

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.



Editor’s note: The following is a status of several House and Senate Bills (as of Friday, March 7, 2008). The listing is not exhaustive. The Legislature’s Web site references cited are the “latest” as posted by the Legislature, but should not be considered to be the “final version” of a bill. For additional legislation, information, refer to the “2008 Regular Legislative Session Bill Almanac” which is posted on the West Virginia School Board Association Website – www.wvsba.org

Senate Measures

 “Hunter Safety Orientation Program”
Senate Bill 9 relates to the “Hunter Safety Orientation Program.”

The bill was amended extensively in House Education prior to its Second Reference to House Finance. The measure would require the state Board of Education in consultation with the director of the Division of Natural Resources to promulgate a rule “for the implementation of a hunter safety orientation program for use in the public schools of this state.”
 
The rule is to have “at least” these provisions:

  1. The program may be offered to students in any of the grade levels (Grades 6-12) over a two-week period during the school year as part of physical education classes, or as part of the general curriculum offered to students in any of these grade levels, or at the end of the school day;
  2. The program is voluntary for students and any student may choose not to participate. If a student chooses not to participate, he or she shall participate in another education activity;
  3. The program shall include instruction relating to:
  4. The program may use materials prepared by any national nonprofit membership organization which has as one of its purposes the training of people in marksmanship and the safe handling and use of firearms;
  5. The program shall be conducted by an instructor certified by the Division of Natural Resources or who has other training necessary to conduct the program as determined by the state board.
  6. The county superintendent may implement the hunter safety orientation program in accordance with the rule required by this section in each school in the county that includes any of grades six through 12 at which, in the sole judgment of the superintendent, sufficient student interest in program enrollment justifies the program offering and an appropriately certified instructor is available.
  7. The Division of Natural Resources shall issue a certificate of training, required by section 30-a, article two, chapter 20 of this code, to any student who completes the hunter safety orientation program."

The original Senate bill would require the course to be offered in each school in the county containing Grades 8-12. The instruction would have been offered as part of physical education classes. If a student chose not to participate in the program, he or she would have been required to “participate in another physical education activity.”


CPR instruction
House Bill 4124 relates to including education concerning Cardiopulmonary Pulmonary Resuscitation and first aid in the health education curriculum in any grades 6-12 has been adopted by the Legislature.

SBA Bonds
Senate Bill 297 authorizes School Building Authority to issue revenue bonds from State Excess Lottery Fund. The Excess Lottery Funds would be used as leverage to initiate a multi-year school construction program in West Virginia. There are multiple bill provisions.

School personnel salaries
Senate Bill 573 increases salaries of school personnel. Referred to Senate Finance Feb. 20, this measure was approved March 6. It grants professional educators $1,800 across–the-board pay increase which, according to Senate Education Chairman Bob Plymale, D-Wayne, amounts to a 4.7 percent increase.

Plymale said the bill would ensure that beginning teachers make $30,300. Under terms of the Senate plan, service personnel would receive a $70 per month across-the-board pay increase. The Senate measure would provide principals a 1 percent increase in their salary index.

Plymale said the cost would be $386,000. The original Senate proposal would have provided teachers a $1,600 across-the-board increase with an additional $400 for classroom teachers only. Further action regarding the proposal was deferred until this morning.

County board public library obligations
Senate Bill 593 relates to county board library obligations. As amended by House Education, the bill would make obligate school districts in nine counties to meet library obligations resulting from the passage of local laws through reliance on “ the county school board's discretionary retainage, which is hereby defined as the amount by which the regular school board levies exceeds… local share (calculations).”

Under terms of the bill, if the “library funding obligation which is created by a special act and is due and payable to a library is greater than the county school board's discretionary retainage, the library funding obligation created by the special act is amended and is reduced to the amount of the discretionary retainage, notwithstanding any provisions of the special act to the contrary.”

“Any excess of the discretionary retainage over the library funding obligation shall be available for expenditure by the county board in its discretion for its properly budgeted purposes.” The bill has other proposed provisions, including a section which states if the county board chooses to transfer the library obligation to an excess levy, the “library funding obligation shall remain an obligation of the regular school levy revenues until the fiscal year in which the excess levy is effective or would have been effective if it had been passed by the voters.”

If this transfer were made, the county board would be required to “include the funding of the public library obligation in the same amount as its library funding obligation which exists or had existed on its regular levy revenues as one of the purposes for the excess levy to be voted on as a specifically described line item of the excess levy.”

If the county board has transferred the library obligation to the excess levy and the excess levy “fails to be passed by the voters or the excess levy passes and thereafter expires upon the time limit for continuation…then in any subsequent excess levy which the county board thereafter submits to the voters the library funding obligation again shall be included as one of the purposes of the subsequent excess levy as a specifically described line item of the excess levy.”

If an excess levy fails, the county board’s library obligation is voided although, as pointed out above, any subsequent excess levy would have to include potential library funding as part of each excess levy placed before voters as part of an enumerated line item. 

Vision 2020
Senate Bill 595 establishes “Vision 2020: An Education Blueprint for Two Thousand Twenty.”

Its purpose is to “provide for the establishment of a clear plan that includes goals, objectives, strategies, indicators and benchmarks to help guide the state's policy makers on the continuous development of the state's education system for the 21st Century.”

To accomplish its purpose, the bill has several legislative findings:

  1. The measure of a thorough and efficient system of education is whether students graduate prepared to meet the challenges of the future as contributing members of society, and that these challenges change, becoming ever more complex and involving a global context more than at any other time in the history of our nation;
  2. The state recently has embraced and is implementing the Partnership for 21st Century Skills model for teaching and learning including six key elements (Core subjects, 21st Century content, learning and thinking skills, information and communications technology literacy, life skills and 21st Century assessments) to help better prepare students for the challenges of the 21st Century;
  3. Published national studies by several organizations routinely examine various elements of state education systems and selected underlying socioeconomic variables and rate and rank West Virginia and the other states, the District of Columbia and the territories based on the measurement systems and priorities established by the organizations, and these measurement systems and priorities change;
  4. While the state should take pride in studies that show West Virginia is among the leaders in several of its efforts and is making progress, its students often outperforming expectations based on typical indicators of the likelihood for student success such as the income and education levels of their parents, it should also recognize that the state must do even more to ensure that high school graduates are fully prepared for post-secondary education or gainful employment.

State Board of Education
The state Board is required to “establish a plan in accordance with the provisions of this section for submission to and consideration by the Process for Improving Education Council.”  The plan is to “include only the goals, objectives, strategies, indicators and benchmarks for public education (as enunciated above) and that meet the requirements of (the legislation).” 

The WVBE goals are exclusive to public education. Accordingly, the state Board’s Vision 2020 plan is to include these exclusive goals for the public school system: 

  1. “Academic achievement according to national and international measures will exceed national and international averages. These national and international measures should include scores on assessments such as the National Assessment of Educational Progress (NAEP), the ACT, the SAT and the Programme for International Assessment (PISA);
  2. “The public education system will prepare fully all students for post-secondary education or gainful employment;
  3. “All working-age adults will be functionally literate;
  4. “The public education system will maintain and promote the health and safety of all students and will develop and promote responsibility, citizenship and strong character in all students; and
  5. “The public education system will provide equitable education opportunity to all students.”

Policy objectives
The policy is to include “at least” the following policy-oriented objectives:

  1. “Rigorous 21st Century curriculum and engaging instruction for all students. -- All students in West Virginia public schools should have access to and benefit from a rigorous 21st Century curriculum that develops proficiency in core subjects, 21st Century content, learning skills and technology tools. These students also should have that curriculum delivered through engaging, research-based instructional strategies that develop deep understanding and the ability to apply content to real-world situations;
  2. “A 21st Century accountability and accreditation system. -- The pre-kindergarten through12 education system should have a public accrediting system that:

The broad standards established for these outcomes should include a focus on:

District “self-analysis”
The system for determining school and district accreditation should include school and district self-analysis and generate appropriate research-based strategies for improvement. It also should allow opportunities to create innovative approaches to instructional delivery and design. Thus, the system will incorporate processes for encouraging innovation, including streamlined applications for waivers to state board policy, financial support for successful initiatives and recognition of those practices that can be brought to a district or statewide scale.

Accreditation to “drive” school improvement

The primary goal of the accreditation system is to drive school improvement. This 21st Century accountability and accreditation system also should include (addressing capacity).”

Assessment process

  1. “A statewide balanced assessment process. -- State, district, school and classroom decision making should be grounded in 21st Century balanced assessment processes that reflect national and international rigorous performance standards and examine student proficiency in 21st Century content, skills and technology tools. A balanced assessment system includes statewide summative assessments, local benchmark assessments and classroom assessments for learning;
  2. “A personnel allocation, licensure and funding process that aligns with the needs of 21st Century school systems and is supported by a quality coordinated professional development delivery system. -- Increased accountability demands, as well as the focus on 21st Century learning, require a reexamination of traditional approaches to personnel allocation, licensure and funding.
    Creating schools of the 21st Century requires new staffing roles and staffing patterns. It also requires ongoing professional development activities focused on enhancing student achievement and achieving specific goals of the school and district strategic plans. Thus, schools should have the ability to access, organize and deliver high quality embedded professional development that provides staff with in-depth sustained and supported learning. Effective school improvement should allow opportunity for staff to collectively learn, plan and implement curricular and instructional improvements on behalf of the students they serve;
  3. “School environments that promote safe, healthy and responsible behavior and provide an integrated system of student support services. -- Each school should create an environment focused on student learning and one where students know they are valued, respected and safe. Furthermore, the school should incorporate programs and processes that instill healthy, safe and responsible behaviors and prepare students for interactions with individuals of diverse racial, ethnic and social backgrounds.
    School and district processes should include a focus on developing ethical and responsible character, personal dispositions that promote personal wellness through planned daily physical activity and healthy eating habits consistent with high nutritional guidelines and multicultural experiences that develop an appreciation of and respect for diversity;

Leadership recruitment

  1. “A leadership recruitment, development and support continuum. -- Quality schools and school systems of the 21st Century cannot be created without high quality leaders. Thus, West Virginia should have an aligned leadership professional development continuum that attracts, develops and supports educational leadership at the classroom, school and district level.
    This leadership development continuum should focus on creating: Learning-centered schools and school systems, collaborative processes for staff learning and continuous improvement and accountability measures for student achievement;
  2. “Equitable access to 21st Century technology and education resources and school facilities conducive to 21st Century teaching and learning. -- A quality educational system of the 21st Century should have access to technology tools and processes that enhance effective and efficient operation.

Administrators should have the digital resources to monitor student performance, manage a variety of data and communicate effectively. In the classroom, every teacher in every school should be provided with the instructional resources and educational technology necessary to deliver the West Virginia content standards and objectives.
Schools of the 21st Century require facilities that accommodate changing technologies, 21st Century instructional processes and 21st Century staffing needs and patterns. These school facilities should mirror the best in green construction and be environmentally and educationally responsive to the communities in which they are located;

Post-secondary and workplace readiness

  1. “Aligned public school with post-secondary and workplace readiness programs and standards. -- An educational system in the 21st Century should be seen as a continuum from the public school (prekindergarten through 12) program through post-secondary education. To be successful in a global competitive marketplace, learning should be an ongoing, life-long experience. Thus, the public schools and the institutions of post-secondary education in West Virginia should create a system of common standards, expectations and accountability. Creating such an aligned system will enhance opportunities for success and assure a seamless educational process for West Virginia students;
  2. “A universal prekindergarten system. - A high quality, universal prekindergarten system should be readily available to every eligible student. The system should promote oral language and preliteracy skills and reduce the deficit of these foundational skills through proactive, early intervention. Research indicates that universal prekindergarten systems improve graduation rates, reduce grade level retentions and reduce the number of special education placements. Therefore, local school systems should create the supports and provide the resources to assure a quality prekindergarten foundation is available to all eligible students;”

Performance-oriented objectives
The plan is to include “at least” the following performance oriented objectives:

  1. All children entering the first grade will be ready for the first grade;
  2. The performance of students falling in the lowest quartile on national and international measures of student performance will improve by 50 percent;
  3. 90 percent of ninth graders will graduate from high school;
  4. By 2012, the gap between the county with the lowest college-going rate and the state average will decrease by 50 percent and the college-going rate of the state will equal the college-going rate of the member states of the Southern Regional Education Board; and
  5. By 2020, the county with the lowest college-going rate and the state average for school year 2012 will decrease by 50 percent and the college- going rate of the state will exceed the college-going rate of the member states of the Southern Regional Education Board by 5 percentage points.

Process for Improving Education Council
The existing “Process for Improving Education Council” would be responsible for “adopting goals, objectives, strategies, indicators and benchmarks for public education and any further improvements necessary to increase the capacity of schools and school systems to deliver a thorough and efficient education.”

Created several years ago, the Council is comprised of the Legislative Oversight Commission on Education Accountability, the Governor, ex officio, or the Governor's designee, the Chancellor of the Higher Education Policy Commission, ex officio, or the chancellor's designee, the Chancellor for Community and Technical College Education, ex officio, or the chancellor's designee, and the State Superintendent, ex officio, or the superintendent's designee.

The Council’s primary purpose is to provide “opportunities for consultation among state policy leaders on the process for improving education, including, but not limited to, determination of the things that students should know and be able to do as the result of a thorough and efficient education, the performance and progress of students toward meeting the high quality standards established by the state Board.”

The measure has several other provisions, including sections dealing with a higher education plan for the year 2020.
               
Summer professional positions
Senate Bill 606 requires county boards filling summer school program positions to give employment preference to professional educators who are regularly employed on a full-time basis.

Public Employees Grievance Board revisions
Senate Bill 780 relates to the West Virginia Public Employees Grievance Procedure; clarifying definitions, general provisions and grievance proceedings; defining "conference" and “Level I hearing;” increasing time to hold a level I hearing; deleting mediation-arbitration; adding private arbitration; clarifying level three hearing; and making technical corrections.”

The House Judiciary Committee amended the bill so "Discrimination" would be defined as “any differences in the treatment of similarly situated employees, unless the differences are related to the actual job responsibilities of the employees or are agreed to in writing by the employees.”

 

House measures

Governor’s driver’s license proposal
House Bill 4023 relating to requiring Driver's Eligibility Certificate for driver's license of students ages 15-18. The bill also addresses denial and suspension of licenses for disciplinary reasons. It includes an appeals process as well and several related provisions.

Measure relates to bus operators having diabetes
House Bill 4059 providing that a school bus operator who is currently employed by a county board or who is otherwise subject to state Board of Education guidelines governing school bus drivers diagnosed with diabetes mellitus requiring insulin usage is not ineligible for employment because of that particular diagnosis.

The bus operator, however, must be issued a passenger endorsement for his or her Commercial Drivers License (CDL) through the Division of Motor Vehicles wavier program relating to diabetic drivers.

Additionally, he or she would be required to submit a copy of that information to the DMV in order to receive the waiver. Likewise, proof of passenger endorsement – based on the waiver- also is must be submitted to his or her employer.

Finally, the driver must remain in compliance with regulations regarding DMV eligibility for the Intra-state waiver.

Liability amendment
Senate Health and Human Resources added an amendment which addresses potential liability of licensed healthcare providers. The amendment states compliance with or “failure to comply with the reporting requirements of the (DMV)…does not constitute negligence, nor may compliance or noncompliance with the requirements…be admissible as evidence of negligence in any civil or criminal action.
 
Additional salary supplementations for national certification 
House Bill 4117 provides the state minimum salary supplement and the reimbursement of educational expenses to speech-language pathologists, audiologists, counselors, school psychologists and school nurses who receive national certification.

The measure has a second provision which would increase from 100 to 115 the number of such persons who could receive the remuneration. There are other provisions.

Faculty senate funds
House Bill 4125 relating to faculty senate funds for classroom teachers and librarians would increase from $50 to $100 the amount of faculty senate funds teachers could use for purchasing items for their classrooms while still retaining the $200 per teacher faculty senate appropriation.

Student behavior and discipline
House Bill 4368 relates to student behavior and discipline in schools; reducing school violence and disorderly conduct; alternative learning settings; establishing and implementing consistent and effective discipline policies; legislative findings; and establishing the Bill of Rights and Responsibilities for Students and School Personnel.

As adopted by the House, an original bill provision that would have required county boards to conduct town hall meetings regarding discipline was removed. Senate’s companion bill – Senate Bill 594 – reinserted that provision.

Senate amended the bill on the Senate floor to remove the county board town hall meetings. These sessions would be conducted by Local School Improvement Councils (LSICs).

Bus travel times
House Bill 4406 relates to state board standards for the recommended duration of school bus transportation times for students to and from school. This bill has several provisions.

Automatic chains for new buses
House Bill 4407 required automatic chains on new school buses purchased after July 1, 2009. Following House passage, the measure was referred to Senate Education then Senate Finance.

10-day period for job postings following death of employee 
House Bill 4472 provides a board of education must wait 10 days before posting a new job opening following the death of an employee. Although bill provisions would take effect from the day or date on which the employee dies, “days” are not defined as either calendar or work days, according to House sources.

One-on-one student services
House Bill 4478 expands the classifications of service personnel for which transfers during the instructional term are limited. Those individuals would include autism mentors and aides providing services to children diagnosed as autistic or with autism spectrum disorder; and paraprofessionals, interpreters and aides providing one-on-one services to students with exceptionalities as required by the students' individualized education programs (IEP). The measure has completed legislative action.

Bus operator competency testing
House Bill 4554 relates to competency testing for service personnel and establishing the testing schedule for school bus operators. Under terms of the bill, bus operators having regular employee status and continuing contract status would take competency tests biennially. Tests could not be “administered more frequently” for these persons. For a substitute bus operator or a bus operator with “regular employee status but on a probationary contract, the test (competency tests are) to be administered annually.”

Seniors’ property deferment
Senate Bill 239 creating Senior Citizen Property Tax Payment Deferment Act

ATV safety
Senate Bill 527 regulating all-terrain vehicles so that they could not be driven on paved roads was adopted by the Senate Feb. 26.

Prohibiting discrimination based on sexual orientation
Senate Bill 600 relates to unlawful discriminatory practices generally and prohibiting discrimination based upon age or sexual orientation in housing and public accommodations. Sexual orientation is defined as heterosexuality, bisexuality or homosexuality based on a House Judiciary amendment. There are other provisions.

Cell phone usage
House Bill 4047 prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency passed the House Feb. 27 and was referred to the Senate Roads and Transportation Committee, then the Senate Judiciary Committee. The bill was amended in the Senate Transportation Committee to exclude drivers or operators of most “political subdivision” vehicles. There is an exception for vehicles driven by law enforcement officials.

Captive meetings
House Bill 4132 prohibiting employers from mandating captive meetings with their employees relating to political matters.

U.S. made flags
House Bill 4150 relating to requiring the purchase of United States flag or flags of the State of West Virginia only be made from manufacturers in the United States when public funds are used.

Broadband
House Bill 4637 relating to the deployment of broadband to the remaining unserved areas of the state passed the House Feb. 26.

Office of Minority Affairs
Senate Bill 4665 relating to the creation of the Herbert Henderson Office of Minority Affairs establishes the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund. Adopted by the House Feb. 27, this bill has been referred to Senate Government Organization then Senate Finance. The bill is in Senate Government Organization. Henderson was a West Virginia civil rights pioneer and NAACP legal counsel.

Proposed constitutional amendment
Senate Joint Resolution 12 proposes an amendment to the Constitution designating it as the Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment. If approved by voters, it would authorize the exemption from ad valorem taxation of personal property in the form of manufacturing inventory only. The measure has been referred to House Finance after passage by the Senate. House Constitutional Revision Committee amended the bill to remove equipment from its provisions.

 


These are among study resolutions considered by the Senate and House of Delegates Education Committees this session. The listings are not exhaustive
. Refer to 2008 Regular Legislative Session Bill Almanac” for 59th day status

Senate resolutions

Senate Concurrent Resolution 3 requesting the Legislative Oversight Commission on Education Accountability to work with state agencies to explore options to improve school health.

Senate Concurrent Resolution 32 requesting the Legislature’s Joint Committee on Government and Finance to study methods for implementing daily physical education “classes” for all students in a “cost-efficient manner,” as well as the “methods of promoting adequate sleep for all students.”

Senate Concurrent Resolution 79 requiring the state superintendent of schools to “develop and present a plan to implement a new quality-driven process improvement philosophy that will address the redesign of the state’s public education system.”

This redesign would be accomplished in part by a work group comprised of “at least (100) participants who proportionally represent (state) Department of Education employees, county administrators, public school teachers and support personnel, in benchmarking metrics and problem-solving methodology” in order to develop and “disseminate new definitions of performance expectations for quality outcomes and (to) encourage and direct on-going system redesign to ensure efficient and effective public education delivery…”

Any “redesign” would be phased-in over a four-year period with “up to (75 percent) of the operating cost savings to be redirected to salary and benefits for employees of the public education system…”

The resolution was amended in Senate Education make reference to the state Board of Education as well.

Senate Concurrent Resolution (Originating in Senate Education) requesting the Legislature’s Committee on Government and Finance to study “issues relating to the (Public School Support Program) Foundation Allowance for Transportation…and base allowance for operation and maintenance of facilities.”

Senate Education Committee members expressed concerns about these aspects of proposed PSSP changes as reflected in House Bill 4588 which makes some school aid formula revisions.

The Senate committee essentially removed these provisions from the House bill, asking for a study instead.
House concurrent resolutions

House Concurrent Resolution 44 designating the West Virginia Legislature as a “Legislature of Promise” and urging legislative support of communities within the state who are committed to delivering the five fundamental resources of America’s Promise to West Virginia’s youth.

The five promises for youth are:

House Concurrent Resolution 80 requesting the Joint Committee on Government and Finance to “make a study on promoting a safe and productive learning environment.”

The study is to focus on matters such as “in-school, after-school and Saturday-school programs for students who violate rules for appropriate school behavior, a state residential alternative education center for serious behavior code offenders and protecting the reputation and record of school personnel when allegations of child abuse arising from disciplinary enforcement are unsubstantiated…”

House Concurrent Resolution 81 requesting the Joint Committee on Government and Finance to make a study on providing supplemental state aid for the instruction of English as a Second Language and Limited English Proficient students and removing statutory and regulatory limitations on program delivery.

House Concurrent Resolution 82 requesting the Joint Committee on Government and Finance to improve the expediency and efficiency of school level, county board and (Regional Education Service Agency) accounting and auditing practices and procedures.

Editor’s Note: Also refer to House Concurrent Resolution 101 whose provisions are covered in separate article.

 


House Bill 4558
, the House of Delegates’ proposed Public School Support Program (PSSP), may be considered today.
Senate Education Committee meeting earlier in the week amended the bill primarily to address Senate concerns about costs and questions as to whether some bill provisions were fully endorsed by the Joint Standing Committee on Education late last year.
For a review of bill provisions, refer to the West Virginia School Board Association Website – www.wvsba.org. The information is available only in a PDF format.  

The information is listed under SUMMARY OF PROPOSED REVISIONS TO PUBLIC SCHOOL SUPPORT PROGRAM
SENATE VERSION EXCLUDING STEP 6a (REVISED).
The information is current as of March 6.

Editor’s Note: This summary is provided by the state Department of Education’s Office of School Finance.

 


By
Phil Kabler

State senators Tuesday passed their version of a bill to allow more than 19,000 teachers and school service personnel stuck in cash-strapped 401(k)-style retirement plans to switch to a better-funded plan.

The Senate plan is designed to encourage large numbers of Teachers' Defined Contribution participants to switch to the Teachers Retirement System passed the Senate 31-2.

That sets the stage for a showdown between the Senate plan -- which would cost taxpayers no more than $20 million and potentially could require no money for the bailout -- and a House of Delegates proposal which carries a $78 million price tag, but would make it possible for more teachers to draw a full TRS pension when they retire.

That sets the stage for a showdown between the Senate plan -- which would cost taxpayers no more than $20 million and potentially could require no money for the bailout -- and a House of Delegates proposal which carries a $78 million price tag, but would make it possible for more teachers to draw a full TRS pension when they retire.

Senators from both sides of the aisle Tuesday argued the state has a moral obligation to help TDC participants -- most of whom do not have enough savings to retire.

"Here are 20,000 teachers who didn't do anything wrong.” said Sen. Frank Deem, R-Wood. “I think they should be given the opportunity to get back into the defined benefits plan."

He recalled how the Legislature in 1991, faced with a multibillion-dollar unfunded liability in the TRS, forced new teachers into the TDC and then for years failed to provide them with adequate guidance on how to manage their investments.

"Teachers aren't financial experts. They're not expected to be," Deem said.

"They got a lot of bad investment advice."

Senate Education Committee Chairman Robert Plymale, D-Wayne, agreed. He said flaws in the TDC and teacher pension systems are not the fault of the participants. "It was flawed by former governors and former members here," he said.

Still, Plymale said he favors the Senate plan. "Our obligation is not $78 million. Our obligation is less than that," he said. "I do not believe a complete bailout is our obligation."

Under the Senate plan, the percentage of full TRS benefits that each retiree would receive increases as the percentage of TDC participants who vote to switch plans increases. The scale ranges from 80 percent credit (if 70 percent to 74 percent of TDC participants elect to switch) to 87.5 percent (if 85 percent or more switch).

The House version provides a base of 75 percent of a full TRS pension, but has a much cheaper "buy-in" option for participants who want a full pension.

Under the House plan, a teacher nearing retirement age could buy in for a few thousand dollars, as opposed to paying $20,000 to $30,000 or more to pay the full actuarial cost of the buy-in in the Senate version.

That accounts for the bulk of the subsidy in the House plan, compared to the Senate proposal, which could cost as much as $20 million if only 70 percent of TDC participants switch.

McKenzie noted this would probably be the first time any U.S. pension plan -- private or public -- has gone from a 401(k)-style investment plan back to a defined benefits plan. "Putting it back into a flawed system does not solve the problem," he said, advocating instead for providing subsidies for current TDC participants. "Let's make the teachers whole, but keep them in the system that works.”


At 85 percent participation, the Senate plan is projected to have no cost to taxpayers because the contributions from younger TDC participants and from sweeping better-financed accounts would cover the cost to subsidize participants currently at or near retirement age.

Sens. Andy McKenzie, R-Ohio, and Vic Sprouse, R-Kanawha, voted against the bill.

McKenzie noted this would probably be the first time any U.S. pension plan -- private or public -- has gone from a 401(k)-style investment plan back to a defined benefits plan.

"Putting it back into a flawed system does not solve the problem," he said, advocating instead for providing subsidies for current TDC participants. "Let's make the teachers whole, but keep them in the system that works.”

Whatever compromise emerges from the conferees, Sen. Dan Foster, D-Kanawha, said the key to success will be to have a sweeping educational campaign to explain to all participants the benefits of making the switch.

Foster, the architect of the Senate plan, said legislators will need to actively campaign to encourage TDC participants to make the switch. "We don't want to leave 2,000 or 3,000 people out there without enough to retire on," he said.

Phil Kabler is staff writer for The Charleston Gazette.

 


Relating to county school board conditions, roles and functions

Adopted March 4 by House Education Committee and on the House’s Special Calendar March 7.


(By Delegates Paxton, Perry, Pethtel, Poling ,Duke, Moye, Rodigherio, Romine, Wysong, Browning, Frederick, Ellis, Ireland, Stepehens, Gall, Williams, Rowan, Ennis, Fragale, Crosier, Wells, Tansill, Shaver, Sumner and Miller.)

 

[Originating in the Committee on Education]

Requesting the Joint Committee on Government and Finance to make a study on the condition, role and function of county boards of education in terms of their responsibilities in ensuring that these local policy-making entities are best prepared to provide educational governance in the 21st Century.

Whereas, County boards of education are statutory entities responsible for governance of the state's 55 respective school districts; and
Whereas, County boards of education operate with various means of authority within the strictures of state laws and West Virginia Board of Education rules, regulations, policies and procedures; and
Whereas, The Legislature and West Virginia Board of Education endorse, support and promote needed statutes, policies and procedures to ensure that Mountain State students are well-prepared and equipped to function and participate in a global, 21st Century world ;
Whereas, County boards have the responsibility to ensure, based on guidance of statute and state Board of Education policies, rules and regulations, that students are prepared for a globally competitive 21st Century world; and
Whereas, County boards must be most prepared to meet these objectives and through effective governance and boardsmanship, largely provided through training and development as required by West Virginia Code §18-5-1a; and
Whereas, Statutes, West Virginia Board of Education policies, rules and regulations necessarily inform, guide and ultimately shape programs of training for county board members; and
Whereas, County boards are responsible for providing the policy leadership necessary to guide local school districts to accomplish legislative and West Virginia Board of Education; and
Whereas, Such responsibilities best entail and a thorough review of county board roles and responsibilities in terms of governance effectiveness and boardsmanship; and
Whereas, The Legislature is the appropriate body to initiate and best discuss emergent needs in terms of county boards being able to effectively carry out roles and functions; and
Whereas, Legislative-inspired discussions of these roles, responsibilities and function, given necessary county board member input, can help shape future policy relating to school boards in the 21st Century; and
Whereas, County boards, through the West Virginia School Board Association, an association representing each county board in the states, wishes to actively participate in legislatively-initiated along with invitation and input from other education groups, bodies and governmental entities as selected by the legislative leadership; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on the condition, role and function of county boards of education in terms of their responsibilities in ensuring that these local policy-making entities are best prepared to provide educational governance in the 21st Century, including, but not limited to, recommendations for training and development, heightened understanding of role and function, possible enhancement of compensation; and be it
Further Resolved, That the said Joint Committee on Government and Finance is requested to conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.



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

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

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

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

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

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

--Source: West Virginia Legislature


Administrative Perspective


By Martha Dean

I thought it would be good to update the status of education bills as of 4 p.m. today, Thursday, March 6.

I left Senate Finance Committee meeting at that time and was disappointed the committee did not consider the Public School Support Program bill (House Bill 4588).  I have been in Senate Finance Committee every meeting since the bill was passed out of Senate Education Committee with the expectation the Finance Committee would consider it. I now understand it will be on the agenda at the meeting at 9:30 a.m. Friday.
               
An issue of high interest in Senate Finance Committee today was the teacher salary bill (Senate Bill 573). It was amended from the version that came out of Senate Finance Committee which had a $1,600 raise for professional educators and $400 for classroom teachers and $70 per month for school service personnel. 

The Senate amended the bill to include a $1,800 raise for professional educators. Sen. Bob Plymale, D-Wayne, Senate Education Committee chairman, said it raised the beginning teacher’s salary to $30,385.The bill continues to raise service personnel salaries $70 per month and added a 1 percent increase for principals. The bill was scheduled to be voted on Friday.

Editor’s Note: For additional legislation, information, refer to the “2008 Regular Legislative Session Bill Almanac” which is posted on the West Virginia School Board Association Website – www.wvsba.org

Other House bills:

House Bill 2967 creates the West Virginia Remembers program. This would allow military veterans to come to school classes to tell about their experiences. House Bill 3215 removes the link between Shepherd University and Blue Ridge Community College.
House Bill 4023 relates to driver’s licenses for students under the age of 18. Students must have acceptable attendance and discipline records, and be making satisfactory progress toward graduation. It requires the development of a new form for the school to use to certify students.

House Bill 4059 allowing bus operators with insulin dependent diabetes to continue to drive as long as they are following a doctor’s plan.

House Bill 4117 allowing teachers with National Board of Professional Teacher certification to continue to receive the bonus if they move into an administrative job.
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House Bill 4124 adding CPR and first aid to health curriculum requirements passed the Legislature March 5.

House Bill 4125 increasing from $50 to $100 the amount of faculty senate funds that can be used by each teacher for classroom supplies.

House Bill 4148 relates to investment options in minor settlement proceedings.

House Bill 4341 relating to payment of bonuses for national board certification for speech language therapists, counselors, and nurses.

House Bill 4368 reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students passed the Senate March 5 as amended.

House Bill 4406 sets recommended limits for transportation times for PreK-5 students and provides for state Board of Education waivers.

House Bill 4407 requiring  automatic tire chains for new school buses bought after July 1, 2009.   

House Bill 4433 increasing from $5,000 to $10,000 the amount of medical student loan that can be cancelled.

House Bill 4434 establishing a higher education energy and water savings revolving loan fund.

House Bill 4449 allowing the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education to enter into lease purchase agreements.

House Bill 4472 requiring a county school board to wait 10 days after an employee dies before advertising the vacancy.

House Bill 4477 related to the payment of GED fees.

House Bill 4778 limiting transfers of those who work with special education students (aides) during the school year passed the Legislature March 5.

House Bill 4554 changing testing requirement for school bus operators from every one to every two years.

House Bill 4588 revising the state’s Public School Support Program has been referred to Senate Finance Committee and I hope will be on the agenda March 7.

Senate bills:

Senate Bill 9 relating to hunter safety education.

Senate Bill 65 establishing school uniform pilot program has not been acted on in House Education Committee.

Senate Bill 156 providing tuition waivers for children and spouses of certain National Guard Members has not been considered by House Education Committee.

Senate Bill 165 relating to the donation of personal leave days to others has not been taken up in House Finance Committee.

Senate Bill 194 providing electronic instructional materials to some students has not been considered by House Education Committee.

Senate Bill 287 establishing West Virginia Research Trust Fund .

Senate Bill 297 authorizing the School Building Authority of West Virginia to sell bonds.

Senate Bill 564 relating to higher education tuition and fee waivers.

Senate Bill 593 clarifying library funding obligation from county board PSSP local share calculations.

Senate Bill 595 establishing education goals and objectives for 2020.

Senate Bill 606 requiring hiring preference for summer school positions.

Senate Bill 611 relating to teachers’ alternative education has not been considered by House Education Committee.

Senate Bill 682 creating Community and Technical College Capital Improvement Fund.

Senate Bill 747 authorizing West Virginia University and Marshall University to manage real property through private foundations has not been considered by House Education Committee.

Doubtful to pass:
--Bills still in committee. They may be reported out Friday as the second committee reference;
--Senate Bills considered in House Education Committee.

We will be at the Legislature watching the progress over the next two days. It is sure to be hectic as last minute decisions will need to be made.

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

 

WVSBA Briefs


County school boards wishing to have the latest information regarding legislation adopted in the 2008 regular session may wish to acquire the West Virginia School Board Association’s “2008 Legislative Session Wrap-up DVD.”
Association counsel Howard E. Seufer Jr., Bowles Rice McDavid Graff & Love, will provide extensive information regarding legislation.

The DVDs should be available in mid-April, according to Howard M. O’Cull, Ed.D., West Virginia School Board Association executive director “This is one of WVSBA’s best services to members, providing the most up-to-date information about legislation, especially its probable impact on local boards and county administrations,” O’Cull said.
He said a flier will be forwarded to county board offices shortly after the conclusion of the legislative session.

 


Orientation for newly-elected county board of education members will be June 16-18 in Morgantown at the Waterfront Hotel.

According to West Virginia School Board Association information, 247 individuals are running for election or reelection to county board offices in West Virginia. There are 115 seats open, according to WVSBA data compiled from information provided by county clerks.

Board members in Berkeley, Lewis and McDowell counties are running without opposition. Harrison County has the most candidates seeking election to two seats. There are 13 candidates there and 11 in Brooke County.
Based on WVSBA records, four county board members are seeking other offices, including one member who is running for the state Legislature.

State law requires orientation every two years following the Primary Election.

The comprehensive three-day program provides new board members with instruction in the “basics of boardsmanship,” according to Howard M. O’Cull, Ed.D., association executive director.

O’Cull said the program is “geared to helping new members get prepared for the hard, but rewarding work of school board service.”

He said the details of the orientation program should be final by April 30.

The program also is open to veteran members, he said.

More information is available by contacting  O’Cull or Administrative Assistant Shirley Davidson. The contact information is hocull@wvsba.org or sdavidson@wvsba.org

 


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

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

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

 

Resources


CHARLESTON -- The West Virginia Department of Education Monday unveiled new resources for teachers as they work to transform their 20th century classrooms into 21st century learning centers.

From Classroom to Classroom: 21st Century Guide for New Teachers is available at http://wvde.state.wv.us/mentorship. The tool was designed and created by a group of novice teachers, mentors and pre-service teachers to provide current resources, practice and research-based advice. It also includes activities for teachers and school leaders.
 
In addition, the West Virginia Department of Education 21st Century Mentorship Digital Resource serves as a companion to the mentoring and induction program.

Teachers can find help on such topics as classroom management, special needs, instruction, parent outreach, communication and leadership.

Teachers can find help on such topics as classroom management, special needs, instruction, parent outreach, communication and leadership. The resources deliver information about West Virginia’s 21st Century Learning Initiative through wikis, podcasts, videos and blogs. The information also is available to schools, counties, Regional Education Service Agencies (RESAs) and colleges and universities.

“Providing teachers with research-based resources and professional development is important as we move forward with our 21st Century Learning Initiative,” West Virginia Superintendent of Schools Steve Paine said. “The resources will enable educators to learn valuable techniques that they can use in their classrooms and share with their students.”

The tools resulted from collaboration and support from the West Virginia Department of Education, the West Virginia Commission for Professional Teaching Standards, the West Virginia Board of Education and the Claude W. Benedum Foundation.

The Pittsburgh-based Claude Worthington Benedum Foundation is an independent foundation established in 1944 by West Virginia natives Michael and Sarah Benedum.
 
Information is available by contacting Donna Peduto in the Office of Professional Preparation at (304) 558-7010 or the Office of Communications at (304) 558-2699.

 


WASHINGTON
, D.C. – Amid a hotly contested presidential primary race, PTA announced Feb. 27 that it will partner with the National Student/Parent Mock Election (NSPME) to conduct the 2008 mock election Oct. 30.

The announcement was made at a special luncheon filled with hundreds of PTA state presidents and legislative leaders during PTA’s National Legislative Conference in Washington, DC.

PTA will help NSPME engage young people and parents in the election process by providing information about the campaign and encouraging participation of more than 26,000 PTAs. NSPME is the nation's largest voter education program and is designed to make students and parents aware of the power of their ballot by actively involving them in a full-fledged campaign and national election.

“As members of PTA, parents and community leaders are called upon to be strong advocates for all children,” said Jan Harp Domene, PTA national president, during the luncheon “The 2008 mock election provides students from elementary school through high school with an opportunity to speak up for themselves. Not only will children discover that their voice and their priorities are valued, but families and schools will learn about what matters to you in their own communities and across the country.”

PTA will help NSPME engage young people and parents in the election process by providing information about the campaign and encouraging participation of more than 26,000 PTAs.

Starting in 1980, NSPME is the nation’s largest and most successful voter education project. Through the mock election, NSPME engages young people and their parents, facilitating dialogue between them. By allowing voting on candidates and contemporary issues, the project is designed to initiate discussion. In 2004, more than four million Americans both domestic and abroad voted in the mock election.
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“This is a natural partnership because the National Student/Parent Mock Election began as a parent involvement project and has steadfastly advocated that parents and teachers pass the torch of democracy to our nation’s children,” said Gloria Kirshner, NSPME president. “In fact, 88 percent of Americans now want their children taught about elections, democracy and ethical behavior starting in elementary school and continuing through high school, according to a recent survey. We are eager to work with our nation’s PTAs.”

 Domene urged attendees to encourage the program in their states. “Coordinators are needed at the state and local level,” she said. “Volunteers are also needed to assist coordinators with a myriad of responsibilities including gaining approval and support from school and district administrators; building community support and involvement; dissemination of information to parents, teachers, principals, and school boards; assisting teachers in planning education activities and election day on-site voter assistance and ballot tallying.”

Domene urged attendees to encourage the program in their states. “Coordinators are needed at the state and local level,” she said. “Volunteers are also needed to assist coordinators with a myriad of responsibilities including gaining approval and support from school and district administrators; building community support and involvement; dissemination of information to parents, teachers, principals, and school boards; assisting teachers in planning education activities and election day on-site voter assistance and ballot tallying.”

PTA’s National Legislative Conference Feb. 26-28 served as the backdrop for the announcement. The event connects leaders representing every state to sharpen their grassroots advocacy skills, honor a local and state PTA with the PTA Outstanding Advocacy Award for their legislative efforts and conduct meetings with their elected representatives to remind them that “PTA Votes.”

PTA joins the NAB Education Foundation (NABEF) as the second organization to partner with NSPME and is encouraging radio and television stations to cover mock elections in local school districts and to sponsor school activities leading up to National Student Mock Election Day.

PTA comprises nearly 6 million parents and other concerned adults devoted to the educational success of children and the promotion of parent involvement in schools. PTA is a registered 501(c)(3) nonprofit organization that prides itself on being a powerful voice for children, a relevant resource for parents, and a strong advocate for public education. Membership in PTA is open to anyone who is concerned with the education, health, and welfare of children and youth.

The National Student/Parent Mock Election is a nonprofit, nonpartisan organization run by a nationwide network of volunteer state and school district coordinators including the League of Women Voters, educators, public officials and other organizations who put hundreds of thousands of volunteer hours into the project.

 

 

Applications are available for the 2008 Toyota International Teacher Program in the Galapagos Islands – a professional development program for secondary school teachers and librarians.

This year, full time teachers of all subjects in grades 6 – 12 and library media specialists are eligible to apply
The program is described as a special opportunity for educators to visit these remote islands; the inspiration for Darwin and home to unique ecosystems found no where else on Earth.

The application is online at www.iie.org/toyota 

Deadline to apply is May 9, 2008. Program promoters have asked for help in publicizing the opportunity. 

“We need associations to help us contact eligible teachers who might never hear of this program otherwise,” said Kaitlyn Jones, representative for the Toyota International Teacher Program Institute of International Education. “Please send us an e-mail if you know of any additional ways that would more effectively help us reach out to teachers in all classroom disciplines in your area -- be it Web sites, listservs or newsletters. We would also be happy to provide brochures or posters about the program to help in further outreach.

“Thank you for considering this request to help publicize this professional development opportunity among your members. If you have any questions or would like more information, please do not hesitate to contact me by e-mail at toyotateach@iie.org or by phone at (toll-free) 877-832-2457

“Hopefully, through this program, the Galapagos can continue to inspire new generations of explorers to expand their understanding of the world and people around them.” 

 

Commentary


By the Parkersburg News and Sentinel.
Gov. Joe Manchin may not have been able to persuade legislators to link driver’s licenses directly to high school grades, but a derivative of his bill includes several worthwhile provisions.

Manchin had wanted lawmakers to pass a bill requiring that students achieve and maintain “C” averages in school in order to obtain and keep driver’s licenses. A bill approved in the House of Delegates last week adheres to that philosophy, but with more discretion for educators.

The bill, approved by an 80-15 vote, could mean that students who do not achieve “satisfactory progress” in school will lose their driver’s licenses. Presumably, the definition of “satisfactory progress” will be left up to local school officials. In other words, don’t look for many students to lose their licenses because of bad grades.

More likely to feel the bite of the bill are students who disrupt the education process. Those classified as bullies or as disruptive students — along with any caught taking guns or illegal drugs to school — would have their licenses jerked under the bill’s provisions.

Current law allows licenses to be suspended only if students drop out of school. About 1,000 licenses are revoked each year for that reason.

Though it is unlikely that the bill, if enacted, will have much effect on student achievement, it could make schools safer and more conducive to learning — because it gives educators what amounts to an interim disciplinary measure, with serious consequences, in situations involving bullying or disruptive behavior. When such actions are mild enough that educators are reluctant to expel students — but serious enough to warrant some punitive action — licenses can be revoked.

For that reason, the bill is a worthwhile one.
Manchin supports it, and so should the state Senate.

 

ETC.


An Eagle Rock schoolteacher doesn't want any bugs squashed in her classroom, so she's appointed a student insect monitor to take wiggling, creepy critters outside.

Melodie Conrad's be-kind-to-bugs effort is getting praise from People for the Ethical Treatment of Animals, which is giving her its Compassionate Teacher Award.

The Eagle Rock Elementary School & Magnet Center teacher says there's simply too much violence in society, adding, "I just wanted to be careful that they're exposed to just the opposite in this room."

It's not a matter of creating bug activists. Conrad says she is aiming to instill a sense of respect for life.
Source: (Los Angeles) Daily News, http://www.dailynews.com

 

 

“Every great man nowadays has his disciples, and it is always Judas who writes the biography.” – Oscar Wilde (1854-1900).

 

“The (Senate Finance Committee) will be at ease while several lobbyists leave.” – Senate Finance Chairman Walt Helmick, D-Pocahontas, commenting on the number of lobbyists whisking out of the committee room after an energy bill had been discussed.

“So, what’s the short version?” – Sen. Roman W. Prezioso, D-Marion, inquiring about a proposal relating to “who” would direct a compulsive gambling hotline.

“This will do nothing to compromise the safety of our children in West Virginia.” – Del. Ricky Moye, D-Raleigh, discussing a bill that would allow most bus operators to take competency tests biennially.

We don’t what that magic line is.” –  Sen. John Unger, D-Berkeley, discussing provisions of House Bill 4588 relating to administrative costs. The Senate Education leadership differs with the House relating to this Public School Support Program proposal.

“Is there any responsibility on the part of the parent (in where) they choose to live?” – Sen. Mike Oliverio, D-Monongalia, discussing a proposal relating to codifying school bus travel time guidelines as set by the West Virginia Board of Education.

 

Last Word


By the Wheeling News-Register March 6, 2008

As more becomes known about two competing plans involving pension programs for West Virginia teachers, it appears that a state Senate proposal is the better option.

Neither proposal leads West Virginia in a desirable direction, as state Sen. Andy McKenzie pointed out this week. Still, it appears virtually certain that one of the two plans will become law.

As we have pointed out previously, legislators and Gov. Joe Manchin seem to be in agreement that as many as 19,100 educators enrolled in the Teachers Defined Contribution pension program should be offered the option to transfer to the Teachers Retirement System. Many TDC members want to do that, simply because the system in which they are enrolled does not guarantee them specific levels of retirement benefits. The TRS does provide guarantees.

We agreed with the reasoning for establishing the TDC in 1991. It was that the TRS had built up enormous unfunded liabilities — still in excess of $3 billion — that have to be paid off by taxpayers. The TDC, by definition, does not result in unfunded liabilities. McKenzie chided his fellow lawmakers this week for agreeing to allow thousands of teachers to go back into the TRS — and risking a whole new round of unfunded liabilities.

But McKenzie and the handful of other lawmakers speaking out against the plan probably have no chance of prevailing. One of the two options almost undoubtedly will be enacted.

Both proposals are exceedingly complicated — but one approved by the state Senate appears to be less risky. It would require an infusion of taxpayers’ money of no more than $20 million — at least, at first — while the House plan could require as much as $78 million.

And, for teachers switching to the TRS to receive full retirement benefits, the Senate plan reportedly requires higher “make-up” payments from them.

Both houses of the Legislature have approved their versions of the plan overwhelmingly. Now, the two versions must be reconciled, in just a few days. The Legislature’s regular session ends Saturday night.

We urge state senators to stand firm with their version of the plan. Although, again, it carries substantial risks for taxpayers, they do not appear to be as great as those in the House plan.


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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

Sally Cann (Harrison), President

Vincit omnia veritas
“Truth conquers all”