March 9, 2007 - Volume 27 / Issue 17
Overview Info
Stats
| Day of Session | 59th |
| Days Remaining | 1 |
| Bills Introduced (as of Feb. 8) | 2,036 |
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
- Legislative pay raise bill OKed in Senate/House Speaker Thompson says issue still uncertain in House
- Teacher walkout looms in call for higher pay raises/Governor says he will approve Legislature's 3.5 percent
- Grievance procedure changes clear Legislature/New process is designed to streamline decision making
- Senate Education Committee OKs retirement bonus/School bus length, physical education classes among other issues
- SEC adopts several measures, including revamped long-term subs bill and measures changing accreditation procedures and means for computer donations
- New PEIA accounting rules will hit counties hard, officals fear/Attorney General Opinion sought to clarify what's required -from the Charleston Gazette
- ADMINISTRATIVE PERSPECTIVE
- WVSBA BRIEFS
- RESOURCES
- Bill Abstract (Abbreviated)
- Legislative Calender
- COMMENTARY
- ETC
- LAST WORD
News
Legislative pay raise bill OKed in Senate
House speaker Thompson says issue still uncertain there
The State Senate Thursday passed a 33 percent pay raise for legislators. The measure raises the base pay for lawmakers from $15,000 to $20,000. It also slightly increases the daily per diem allowance from $115 to $131 while lawmakers are in session.
The Senate’s action had been rumored all session.
It passed the Senate 22-12 with no discussion and now goes to the House where it faces an uncertain future. House of Delegates Speaker Rick Thompson, D-Wayne, said he will have to find out if House members want to take up the issue.
Lawmakers have not had a raise in 13 years. The proposal follows closely the recommendation of the state Legislative Compensation Commission except that it excludes a second $5,000 raise in 2009.
Currently, lawmakers are paid their base while they are in regular session. This bill continues that, but adds the increase at a $625 a month for eight months. Senate President Earl Ray Tomblin, D-Logan, told MetroNews the increase is spread throughout the year as a way of compensating lawmakers who now say their work has evolved into a year-round activity.
Some county board members who have contacted the West Virginia School Board Association office see the measure as vehicle for a county board pay increase, although Senate Education Chairman Bob Plymale, D-Wayne, voted against the bill.
On the bill, 17 Democrats and 5 Republicans voted yes; 6 Democrats and 6 Republicans voted no.
Yes:
Bailey, D-Wayne; Bowman, D-Hancock; Caruth, R-Mercer; Chafin, D-Mingo; Edgell, D-Wetzel; Facemyer, R-Jackson; Fanning, D-McDowell; Green, D-Raleigh; Guills, R-Greenbrier; Helmick, D-Pocahontas; Hunter, D-Monongalia; Kessler, D-Marshall; Love, D-Fayette; McCabe, D-Kanawha; McKenzie, R-Ohio; Minard, D-Harrison; Oliverio, D-Monongalia; Sharpe, D-Lewis; Tomblin, D-Logan; Wells, D-Kanawha; White, D-Webster; Yoder, R-Jefferson.
No:
Barnes, R-Randolph; Boley, R-Pleasants; Deem, R-Wood; Foster, D-Kanawha; Hall, R-Putnam; Jenkins, D-Cabell; Plymale, D-Wayne; Prezioso, D-Marion; Sprouse, R-Kanawha; Stollings, D-Boone; Sypolt, R-Preston; Unger, D-Berkeley
- Sources: West Virginia School Board Association reporting, MetroNews and other West Virginia news sources.
Teacher walkout looms in call for higher pay raises
Governor says he will approve Legislature's 3.5 percent
Amid the backdrop of a school employee walkout Tuesday in Monongalia County and a widely-discussed school employee work stoppage reportedly scheduled March 14, both houses of the Legislature have adopted a 3.5 percent pay increase for school employees.
Gov. Joe Manchin in news media interviews Thursday said he would sign the pay legislation once it is adopted by the Legislature. That is expected today.
“The governor has not objected in any way to the work of the Legislature with regard to teacher pay raises,” according to a statement the governor’s office issued to WVSBA late Thursday evening. “He has simply asked that as they address any increases in the proposed budget, they also address the cuts necessary to fund those increases.
“Governor Manchin will review the budget and make sure it is balanced now and in the future. He supports the 3.5 percent increase and we expect it to move forward once the budget work is completed and we have a balanced budget.”
In other pay-related developments, West Virginia Education Association spokesperson Kym Randolph, in comments to news media said WVEA is in the “very early planning stages of a one-day walkout, possibly for next week.”
Randolph’s comments were confirmed Thursday by WVEA President Charles DeLauder. He told MetroNews county education association presidents are polling members this week about what they would like done to protest what they consider a lack of attention and priority education is being given.
"We're going to talk about the situation as it currently stands and what future options we have available to us," DeLauder said.
Some reports are that teachers will converge on the state Capitol Saturday to protest the 3.5 percent pay increase voted by the Legislature. That is the last day of the 60-day regular session.
The West Virginia Federation of Teachers and the state School Service Personnel Association have made few public comments on a possible Wednesday walkout. Monongalia County WVFT officers said union officials did not did not endorse the work stoppage there earlier in the week.
In comments to MetroNews and in other statements, DeLauder hinted that one poll question being circulated calls for a one-day walkout by teachers next Wednesday. Other options would be working only the required eight hours of the day called for in the contract with no extra duty work.
"We're a bottom up organization. We'll listen to our presidents and we'll go from there," he said.
The West Virginia Federation of Teachers and the state School Service Personnel Association have made few public comments on a possible Wednesday walkout. Monongalia County WVFT officers said union officials did not endorse the work stoppage there earlier in the week.
"This is a movement that has really taken on a life of its own…It's not authorized or condoned by a professional organization, it's just something that happened,” according to Lynn Ann Clawges, who teaches world history at Morgantown High School. Clawges commented to the Charleston Daily Mail.
"This is a movement that has really taken on a life of its own…It's not authorized or condoned by a professional organization, it's just something that happened,” according to Lynn Ann Clawges, who teaches world history at Morgantown High School. Clawges commented to the Charleston Daily Mail.
WVFT President Judy Hale, also quoted by the Daily Mail, said, “"We did not take a position…We did not encourage or discourage them from participating."
Observers note, however, that WVEA and WVFT members, bus operators and service personnel were involved in the Monongalia walkout – a stance WVSSPA members haven’t taken in the past.
The governor has proposed giving teachers a 2.5 percent raise. The House of Delegates voted for a 3.5 percent raise, with the State Senate following suit – both bodies adopting the pay increases by unanimous vote. No attempt was made in the Senate to adjust the 3.5 percent increases as some observers had speculated.
The West Virginia Education Association wants a 6 percent increase.
Late last week, Manchin said he was sticking to his 2.5 percent increase. This apparently triggered today's “blue flu” epidemic in Monongalia County, according to interviews with school employees who participated in the walkout.
WVFT President Judy Hale, also quoted by the Daily Mail, said, “"We did not take a position…We did not encourage or discourage them from participating."
"This thing (the Monongalia County walkout) pretty much fizzled out until the governor said he wanted to stay at 2.5 percent," Sam Brunett, an art and technology teacher at Cheat Lake Middle School, told the Charleston Daily Mail.
The measure, as approved by the Senate, has minor differences with the House-passed bill. It includes, language reflected in legislation endorsed earlier by the House of Delegates rather than separate bills.
House concurrence is expected today or by early tomorrow.
Late last week, Manchin said he was sticking to his 2.5 percent increase. This apparently triggered today's “blue flu” epidemic in Monongalia County, according to interviews with school employees who participated in the walkout.
Under terms of House Bill 2777, teachers and school service personnel would receive a 3.5 percent increase. The bill also would:
- Provide $3,500 annually to classroom teachers who have National Board of Professional Teaching Standards (NBPTS) certification for the “life of the certification, but in no event more than 10 years for any one certification.”
- Establish the position within school service personnel statutory classifications of “licensed practical nurse.” Under terms of the legislation, the position is defined as “a nurse licensed by the West Virginia Board of Examiners for Licensed Practical Nurses who is employed to work in the public school under the supervision of a school nurse.” LPNs would receive Pay Grade F pay.
- Provide sanitation plant operators with Pay Grade G pay (currently Pay Grade F).
- Give school service personnel additional monthly pay if they have advanced education or various college degrees. (These sections were scheduled to increase based on laws adopted several years ago.)
While there has been some discussion of a statewide teachers strike as occurred in 1990, many legislative observers say that isn’t likely. However, the reported Wednesday work stoppage as well as a work stoppage possibly coinciding with Westest testing in April, may help teachers make their point about pay, especially teachers who live in counties bordering Maryland, Pennsylvania and Virginia.
"This thing (the Monongalia County walkout) pretty much fizzled out until the governor said he wanted to stay at 2.5 percent," Sam Brunett, an art and technology teacher at Cheat Lake Middle School, told the Charleston Daily Mail.
In preparation for a work stoppage next week, county superintendents are making inquiries of West Virginia Department of Education officials, school law attorneys and others as to how to deal with the matter in terms of legality.
As of late Thursday, no official guidelines had been issued by WVDE officials.
The 1990 teachers’ strike during the administration of Gov. Gaston Caperton resulted in the passage of Senate Bill 1, a massive education reform measure. Among other things, it created faculty senates, Local School Improvement Councils, the Center for Professional Development and a $5,000 teacher pay increase spread over thee years.
Kayetta Meadows was WVEA president at the time of that strike. Bob Brown, who now heads the WVSSPA, was state Federation of Teachers president.
In preparation for a work stoppage next week, county superintendents are making inquiries of West Virginia Department of Education officials, school law attorneys and others as to how to deal with the matter in terms of legality.
In discussing Tuesday’s work stoppage in Monongalia County, the governor said he hopes teachers understand the reasoning behind the 3.5 percent. He said there are "no winners" when teachers decide not to report to work. “It's not good for the children and it's not fair for the parents."
Sources: West Virginia School Board Association reporting, Charleston Daily Mail, The Associated Press and MetroNews.
Grievance procedure changes clear Legislature
New process is designed to streamline decision making
Senate Bill 442, which establishes a new grievance procedure for education and state employees, has cleared the Legislature, passing the House of Delegates by unanimous vote March 6, completing legislative action March 7.
The bill now goes to the governor for his consideration.
As passed by state lawmakers, the measure is designed to “streamline” the grievance process by eliminating current Levels I and II. Existing Level I includes an informal conference with an employee’s immediate supervisor. Level III grievances, under current law, could be heard by county boards. That no longer will be case once the bill becomes effective from passage.
SB442 also requires alternative dispute resolution with adjudication before an administrative law judge (ALJ) if the matter can’t be resolved through this new Level II process. Among other things, that allows for “mediation-arbitration,” a procedure where a mediator (an ALJ) can also become arbitrator in cases where the parties are very close to an agreement regarding alternative dispute resolution but can fully come to an agreement.
Under terms of the bill, grievants – if the employer concurs – can appeal directly to Level III which includes the ALJ hearing.
Matters appealed beyond Level III will go to circuit court as now, except that they all must be heard by Kanawha County Circuit Court judges rather than local circuit courts.
The bill has extensive provisions relating to attorney fees, process and such issues as back-pay.
SB442 also creates a new five-member grievance board comprised of representatives from the state’s largest labor organization, a representative of the state’s largest education organization, an employer who represents a state agency, a representative from either higher or secondary education and a citizen member.
There are indications current hearing examiners are likely to vacate their posts, leading the way for the Public Employees Grievance Board – as the new entity will be termed – to employ ALJs.
For a legislative link to SB442, refer to http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB442%20SUB2%20eng.htm , although this isn’t the wording of the enrolled or final version of the bill.
For more information, you also may refer to previous issues of The Legislature online newsletter.
The measure emanated from a three-year study of the state’s school and public employee grievance process, including recommendations of a working group having been appointed by Gov. Joe Manchin early last summer.
Sen. Ed Bowman, D-Hancock, and Del. Dale Martin, D-Putnam, served as co-chairmen of the working group.
Representatives from several interest groups, including the West Virginia School Board Association, made presentations to the working group.
A corollary amendment would have barred lawyers from representing county boards in the grievance process. This was rumored as a means some delegates might attempt to amend the bill either in committee or on the House floor, but this did not materialize.
The bill will form a central focus of the association’s post-conference legislative training.
Senate Education Committee OKs retirement bonus
School bus length, physical education classes among other issues
The Senate Education Committee Thursday afternoon adopted legislation to permit county boards of education to provide retiring school service personnel a $500 bonus if those individuals notify the board of their intent to retire by Feb. 1 of the then current school year.
According to committee counsel Hank Hager, some boards were providing the compensation although there was no specific statutory sanction for the practice. Under current law, teachers can receive the bonus when providing notice intent to retire at the end of the school year.
Senate tightened the language in current law relating to teacher notification so that it applies only in cases of retirement and not in terms of resignation. The legislation is included in House Bill 2918 passed earlier in the session by the House.
In other action, SEC adopted a bill to modify the statutory limit on the length of school buses, increasing the length from 40 feet to 45 feet. Sen. Ron Stollings, D-Boone, inquired as to whether buses having the increased length would be traveling on windy roads, particularly in Southern West Virginia. SEC counsel Jean Lawson said that likely wasn’t the case and that the buses mostly would be used for “urban and suburban” bus routes. She said these vehicles could accommodate 90 passengers, and that the change was required by federal law. The bill is House Bill 2781. The measure now goes to the full Senate.
SEC also adopted a resolution, sponsored by Sen. Erik Wells, D-Kanawha, to study the benefits of requiring daily physical education classes for students. Wells said his intent is to study whether there would be a trade off in terms of improved health if more physical education courses were required over the next 15 years. Wells acknowledged the additional classes would mean hiring of more PE teachers, but said there may be a trade off in terms of youngsters’ improved health and well-being. The resolution was referred to Senate Rules Committee.
Bus transportation times
In House Education Committee action Thursday, a resolution was adopted to study the effects of bus transportation times for students in pre-kindergarten and elementary schools – the intent of Senate Bill 650 the Senate adopted earlier in the session.
The bill approved by the Senate would have required county boards to stay within the West Virginia Board of Education’s advisory guideline of 30-minutes for transporting pre-kindergarten and elementary students to school. If a board was unable to stay within the guidelines, the county could vote to request a waiver from the WVBE and School Building Authority of West Virginia. To be considered for a waiver, the county board would have had to vote specifically on that issue as well as a vote acknowledging the board was exceeding the 30-minute guideline. The state board and SBA would have had to take similar votes.
School uniforms
The committee also adopted Senate Bill 165 relating to uniforms for public school students. For more information, refer to the “Administrative Perspective” in this issue of the WVSBA newsletter.
Senate Bill 650 had the endorsement of Challenge West Virginia among other groups. No CWV representative attended the Thursday HEC meeting.
The bus travel times issue has been studied before, principally by the West Virginia Department of Education.
In past studies, the WVDE concluded fewer students are being transported to school at times exceeding the guidelines. Those findings have come under fire from CWV and some legislators, especially in terms of their methodology. One study asked bus operators to keep logs of travel times. Some bus drivers complained to WVDE officials and some legislators about the time involved in keeping records.
Additionally, there is growing awareness that bus travel time guidelines are most often not met in urban areas or towns due to frequent stops. CWV argues that, with the expected closing of more elementary schools, younger students will have longer bus rides.
Senate Bill 713 introduced by Sen. Education Chairman Bob Plymale, D-Wayne would have disallowed SBA funds from going to elementary school projects whose travel times exceeded the proposed guidelines.
Plymale, however, withdrew that bill from consideration, taking up SB650 which had been introduced on behalf of the governor.
The uniforms bill has been discussed a number of years. However, language relating to providing grant moneys as an incentive for counties to use uniforms was first considered this year.
SEC adopts several measures, including revamped long-term subs bill and measures changing accreditation procedures and means for computer donations
Meeting Tuesday afternoon, the Senate Education Committee adopted the following bills. The measures include:
- House Bill 2070. The bill, as adopted by the House had extensive provisions concerning Public Employees Insurance Agency coverage for long-term substitute education employees. Using a “strike-and-insert” amendment, the SEC proposal would require PEIA to maintain the medical and prescription drug coverage for Medicare eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare-eligible retired employees into a Medicare specific plan. An additional bill provision states that if a Medicare specific plan is no longer available or advantageous, the retirees are to remain eligible for coverage through the agency.
SEC removed House language relating to allowing long-term substitutes to participate in PEIA. Other related bill provisions also were removed as were most of the House provisions relating to PEIA, including language which stipulates that amounts of the minimum annual employer payment apportioned to reduce unfunded liability would not be considered as a premium.
House Bill 2585. This bill relates to the renewal of teaching certificates and permanent teacher certification. Also, using a strike-and-insert amendment, the SEC measure would allow the state superintendent of schools to designate up to 25 professional educators as 21st century Learner Fellows
The Fellows would be employed by a state institution of higher education or a research corporation while receiving the same benefits received while being employed as a professional educator (retirement and PEIA). Both the employee and the employer would be required to pay their share of the PEIA premiums and retirement contributions. premium for PEIA and their share of the contribution for retirement.
Before designating a 21st Century Learner Fellow, the state superintendent is required to consult with the state institution of higher education or the research corporation that would employ the member if designated.
Preference would be given to persons certified by the National Board for Professional Teaching Standards (NBPTS) and to persons who demonstrate leadership within their content field.
Echoing the House bill, the measure has provisions that would allow teachers who obtain NBPTS certification to receive permanent certification.
- There are other provisions, including a section that would allow state Board of Education members to participate in PEIA which the Senate included in SB510. That measure was not considered by the HEC.
- House Bill 3167. This bill would allow teachers employed by a statewide “service personnel association” to count this employment service toward retirement credit (counted as qualifying service). The bill also would allow staff and officers of a these organizations to “buy back” up to 10 years of retirement credit for the years he or she had been employed by a statewide service personnel association. There are other provisions.
This bill has proven rather controversial, and, according to various news media accounts, is opposed by officials with the state’s Consolidated Retirement Board.
The Charleston Daily Mail says the proposal largely would benefit some members of the West Virginia Federation of Teachers, although AFT officials were not available for comment, according a March 8 news article regarding the matter.
- House Bill 2558. This bill relates to state agencies’ donations of surplus personal computers and other “information systems, technology and equipment for educational purpose.”
The SEC amended the bill mostly by including several sections of a Senate-passed bill relating to higher education, some of whose provisions relate to the operation of the Higher Education Policy Commission and the state Council for Community and Technical College Education and their governing boards.
A final bill provision would allow state institutions of higher education to establish a computer donation program.
Current law authorizes only Marshall University and West Virginia University to make these type donations.
- The committee adopted a resolution relating to studying how professional development programs might count toward teacher certification. This was originally included in House Bill 2585.
According to Committee Chairman Bob Plymale, D-Wayne, the committee does not plan to meet again this session.
House Action
In House action this week, the HEC adopted an amended version of Senate Bill 67, the governor’s School Access Safety Act.
The provisions mostly covered matching funds counties would need to draw down SASA funds, including in-kind contributions and the ability of county boards to receive “hardship” waivers if necessary to receive school access safety funds.
The bill has passed the Legislature.
Formula legislation/libraries
The committee also adopted legislation relating to the School Aid Formula, allowing counties to retain more of their local share. The Senate-passed bill is SB541. Currently, counties are able to retain 2 percent of their increased tax dollars. The House language would allow boards to retain 4 percent.
The additional moneys apparently would not be earmarked as an HEC subcommittee originally proposed.
In terms of the HEC amendment to the Senate bill, the nine county boards now required by prior legislation to devote a part of their regular levies to support public libraries would be “forbidden” to use the local share portion of their regular levies in meeting their obligations under the prior legislation.
If, as a result, a county has insufficient regular levy funds available to support its library at the level required by the prior legislation, then the county board's obligation to its public library under the prior legislation is automatically reduced to the amount available from the regular levy (minus local share), regardless of what the prior legislation requires.
The affected county boards are in Berkeley, Hardy, Harrison, Kanawha, Ohio, Raleigh, Tyler, Upshur, and Wood counties.
(Under the legislation, the same rule will apply to any future acts of the Legislature requiring any county board to support its public library from regular levy funds.)
The Senate measure was somewhat more directive, allowing boards the option of making the payments and, in essence, providing for libraries to run excess levies for future funding.
The original Senate measure also contains extensive language relating to property assessments and tying school funding in essence to fair market value of property, among other considerations, including a provisions that county assess property at 60 percent of valuation in order to receive increased locally-derived tax dollars.
SB541, as amended, passed the House Thursday. There is no indication as to Senate action.
The committee also approved Senate Bill 667 which creates the WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007 and SB657. The latter measure would require the state Board of Education to incorporate 21st Century Skills Initiative.
The "The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver" would allow for state residents who are Medal of Honor or Purple Heart Medal recipients and who have been honorably discharged from any branch of the United States armed forces if that resident to receive higher education tuition waivers for the amount of the waiver and fee charges that exceed “the total amount of any state and federal education benefits, grants or scholarships received by the resident.” There are several other provisions, including various statutory definitions.
Among its provisions, Senate Bill 657 would rename the existing WVDE unified improvement plans as strategic improvement plans. It also would designate current annual performance measures as performance measures for the No Child Left Behind Act of 2001(NCLB).
A new bill provision would allow the WVBE to “establish a system to assess and weigh annual performance measures for state accreditation of schools and school systems in a manner that gives credit or points such as an index to prevent any one measure alone from causing a school to achieve less than full accreditation status or a school system from achieving less than full approval status.”
The bill has a proviso that “Provided, that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status, as applicable. The system established pursuant to this subsection shall only apply to schools and school systems that do not achieve adequate yearly progress.”
Various measures are identified for school system accreditation, including use of writing assessment results, school attendance rates, percentage of courses taught by highly qualified teachers, etc., including certain bonuses for distinction accreditation classification.
Other provisions relate to filing of WVBE rules with the Legislative Oversight Commission on Education Accountability (LOCEA).
Another 21st Century Skills Initiative bill, Senate Bill 603, is being considered by a Senate/House Conference Committee.
The major difference between the two bills, which relate to technology, is a House provision dedicating 15 percent of increased local share to fund the program.
New PEIA accounting rules will hit counties hard, officals fear
Attorney general opinion sought to clarify what's required
By Davin White
Staff writer, The Charleston Gazette
March 8, 2007
New accounting guidelines will bog down school systems with long-term debt and chill support for bonds and excess levies, some county officials argue.
Critics say a shift in long-term health insurance liability from the state to counties is unfair.
“It’s going to affect our public relations with our counties,” said Danny Kaser, superintendent of Hancock County Schools-
West Virginia has adopted guidelines supplied by the Governmental Accounting Standards Board, which advises state and local governments on accounting and financial reporting.
With legislation approved in 2006, counties must now report their share of an $8 billion unfunded liability for health insurance costs.
The state Public Employees Insurance Agency will begin billing counties July 1, although Jason Haught, chief financial officer of PEIA, said the new law is more about reporting expenses than demanding payments.
The nine county boards now required by prior legislation to devote a part of their regular levies to support public libraries would be “forbidden” to use the local share portion of their regular levies in meeting their obligations under the prior legislation.
“All employers are required to report something they have not had to in the past,” Haught said.
PEIA will not “aggressively seek” collection of that amount, or pursue legal action, unless a funding arrangement or source is determined, Haught said. Funding — from the state or elsewhere — has not been secured.
Howard M. O’Cull, executive director of the West Virginia School Board Association, said counties still would like “ironclad assurance” they won’t have to pay the bill.
Several districts, including Hancock and Marshall, are seeking an opinion from state Attorney General Darrell McGraw, asking if the state can require the counties to report the liability.
The West Virginia School Board Association has endorsed the effort.
Kaser said the annual liability Hancock County would accrue is about $3.5 million, or 10 percent of the school system’s yearly budget.
State officials have calculated that $515.27 per policy each month — over an undetermined number of years — is a proper way to report the liability. That figure is based on the existing liability and future projections.
Haught said if PEIA introduces a Medicare Advantage prescription drug plan, it might help drive down that figure.
“I don’t believe any county could pay this long-term,” Kaser said. “Maybe a month.”
Still, Haught said PEIA has not set a timetable for collecting the bills.
After discussing the issue with Haught recently, O’Cull is not too worried counties will have to pay down the debt.
The bonding question, however, raises eyebrows, O’Cull said. Haught recognized that neither the state nor counties want to be saddled with long-term liability.
A Senate Education measure would allow the state superintendent of schools to designate up to 25 professional educators as 21st century Learner Fellows
“We just passed a $36 million bond package, and it might be the last one we ever pass,” said Lori Kestner, a board member in Marshall County. She expects a $3 million annual liability.
Kestner, Kaser and others argue that state government is piling a debt on counties they didn’t ask for, as the state requires that health insurance be offered to all its employees.
“It’s not my policy. I didn’t write the policy,” Kestner said. “I can’t assume your policy.”
Bill Duncan, treasurer of Putnam County Schools, cautioned against getting too wrapped up in the accounting changes. His greatest concern is how the liability will be funded.
“I think it’s going to take quite a while to sort through,” he said. “There are so many uncertainties I don’t want to overreact to it.”
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Other provisions relate to filing of WVBE rules with the Legislative Oversight Commission on Education Accountability (LOCEA).
Another 21st Century Skills Initiative bill, Senate Bill 603, is being considered by a Senate/House Conference Committee.
The major difference between the two bills, which relate to technology, is a House provision dedicating 15 percent of increased local share to fund the program.
Administrative Perspective
About 20 education bills are in mix as Senate, House rushes to meet Saturday Session deadline
By Martha Dean, Executive Director
West Virginia Association of School Administrators
As the minutes and hours rush by, the House and Senate are working to get the most important pieces of legislation. By my calculation, there are about 20 or 21 bills related to education still in the mix. Messengers are going between the houses to communicate the status of the bills and there is one conference committee that has been established to iron out the differences in Senate Bill 603 related to establishing 21st Century Tools for 21st Century Schools Technology Initiative.
House Education met both on Monday and on Thursday to finalize bills. It has not been established if there will be more meetings. We have worried a little about SB 650 which would require that a school board request a waiver of a requirement that no new schools or consolidations could result in bus rides for elementary students greater than 30 minutes.
In House Education’s Thursday morning meeting, they adopted a resolution which would establish a study committee to determine the impact that establishing a time limit would have on students as well as county boards of education.
Rural areas
I think that some committee members automatically think that the bill is designed to keep schools in rural areas where the travel time may be long due to excessive mileage and bad roads.
However, some people are talking about long bus rides in more heavily populated areas due to traffic and a large number of stops to pick up and discharge students. If the resolution passes, this issue will be studied during the rest of 2007.
Uniforms
House Education also passed out SB165 which would fund a pilot initiative for schools to establish school uniform policies.
As I understand it, there would be $100,000 for the state Board of Education to distribute to 10 different schools.
In the Senate version, it would be the first 10 to submit an application that adheres to the requirements of the law.
But, the House amended the bill to try to make sure all 10 schools would not be from the same county.
The applications would be date stamped and taken in order of receipt except that two schools from the same county cannot receive the funds unless there are not sufficient schools from a variety of counties to utilize all the funds allocated.
During the discussion, this concept was difficult for the committee members to understand. Another thing that was clearly misunderstood until clarified by counsel was that the $10,000 grant could be spent on a variety of things (all listed in the bill) and did not have to be spent to buy the uniforms in the school, although the purchase of uniforms was allowable.
Bill operator measure
Senate Education also met on Thursday. While I was waiting for the Health and Human Resources Committee to finish their work so the Education Committee could move into the Committee Room, I listened to the work of Health and Human Resources.
I was surprised to find that House Bill 3220 was actually a bill dealing with school bus operators. If passed, a bus operator could not be dismissed from or denied employment because of being a diabetic that requires insulin, if he or she is adhering to all treatment prescribed by his/her physician and is eligible for a Commercial Drivers License.
Minimal discussion was held and I understand the previous second reference to Senate Education has been waived.
Senate Education also originated a resolution in Committee on Thursday. It would request that the Joint Committee on Government and Finance study the cost and the benefits of requiring daily physical education classes for students in grades kindergarten through 12.
Sen. Erik Wells, D-Kanawha, spoke on behalf of the study because of the increase in obesity among children, believing that more exercise would make healthier children.
Senate Education also passed a committee substitute for HB2918. This bill authorizes boards to pay $500 to service employee who give notification of retirement by an early date.
This bill also removes the provision in current law that pays teachers the $500 bonus for early “resignation” in addition to retirement.
Teachers would still be eligible for the bonus for retirement purposes, but not for any resignation.
School bus length
The final action of Senate Education on Thursday was to modify the statutory limitation on the length of school buses.
The current limit is 40 feet and the bill would raise that to 45 feet excluding the front and rear bumpers. This bill is necessary because the design of the larger capacity buses is changing and would not meet current law.
At the end of the meeting, Sen. Bob Plymale, D-Wayne, indicated that he had enjoyed his association with the committee and appreciated their hard work during the session.
Sen. Larry Edgell, D-Wetzel, added similar sentiments and so did former Minority Leader Vic Sprouse, R-Kanawha.
WVSBA Briefs
Association Region VI members to meet regularly with legislators
By Howard Corcoran, president
Ohio County Board of Education
Regional Education Service Agency VI county superintendents, county board presidents, senators and delegates from the five Northern Panhandle Counties are planning to meet two times annually.
The first meeting would be held in early September prior to the regular session commencing, and then again in
March after the regular session has concluded.
The meetings are designed with the objective to build a strong relationship with our representatives - to share with them education issues that that are important to all 55 counties and our state – and to learn first-hand from our representatives what we need to do to become a more effective force in being heard in Charleston.
Letters are going out this week to parties that would be involved. The correspondence includes a program explanation. The meeting will be held at Regional Education Agency VI headquarters in Wheeling.
Power is in numbers - as a WVSBA Region VI Group with five strong members acting as one, we can be much more effective.
Power is in educating our representative concerning education issues that affect all of us – power is in building strong relationships with those that cast their vote.
Resources
Bill Abstract (Abbreviated)
There are 30 Bills reported from Senate Education
Bill |
Title |
Date |
|||
Extending PEIA coverage to certain long-term substitute education employees – |
03/06/07 |
||||
Relating to substitute service personnel seniority – Senate Second Reading; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2189%20SUB.htm |
03/02/07 |
||||
Relating to donation and transfer of surplus personal computers and other information |
03/06/07 |
||||
Relating to the renewal of teaching certificates and permanent certification – Passed Senate, |
03/08/07 |
||||
Reimbursing tuition and fees for courses for the renewal of teaching certificates – |
03/02/07 |
||||
Relating to compensation of public school teachers and school personnel – Passed |
03/07/07 |
||||
Reducing federal adjusted gross income for contributions to public institutions of |
03/02/07 |
||||
Allowing teachers employed by a statewide service personnel association to count |
03/06/07 |
||||
Relating to school access safety generally – Legislative action completed; |
03/08/07 |
||||
Allowing county boards of education enter into lease-purchase agreement for land, |
02/28/07 |
||||
Relating to requiring county boards of education make available certain training to |
02/28/07 |
||||
Requiring local school boards reimburse mileage to school service personnel using |
03/08/07 |
||||
Creating funding program for certain schools instituting school uniform policies |
02/28/07 |
||||
Providing tuition waivers for children and spouses of certain National Guard and |
02/02/07 |
||||
Relating to employment of athletic or extracurricular activities' coaches – House Education, |
02/20/07 |
||||
Relating to higher education generally – Completed legislative action; |
03/08/07 |
||||
Creating WV Kids First Act – House Education, then House Finance Committee; |
02/28/07 |
||||
Allowing State Board of Education members to participate in public employees |
02/28/07 |
||||
Conforming WV Works Program with federal law requirements – Third Reading House |
03/08/07 |
||||
Relating to public school finance – Passed House; http://www.legis.state.wv.us/ |
03/08/07 |
||||
Authorizing rules for Higher Education Policy Commission and Council for Community |
03/08/07 |
||||
Prohibiting certain teachers and school officials from having pecuniary interest in certain |
02/26/07 |
||||
Eliminating early resignation notification bonus for certain teachers – House Calendar Third Reading; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB599%20SUB1.htm |
03/08/07 |
||||
Establishing 21st Century Tools for 21st Century Schools Technology Initiative – |
03/07/07 |
||||
Merging Eastern Community and Technical College with Blue Ridge Community and |
02/21/07 |
||||
Exempting certain preschool programs from day care center licensure – Recommitted to |
03/01/07 |
||||
Establishing requirements for college and work readiness credentials – House Education; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb638%20intr.htm |
02/26/07 |
||||
Relating to school bus transportation schedules – House Education (Study Resolution Adopted); http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/ |
03/01/07 |
||||
Requiring State Board of Education incorporate 21st Century Skills Initiative |
03/08/07 |
||||
Relating to selling and serving beverages in public schools – Recommitted to Senate
There are 26 Bills reported from House Education |
03/01/07 |
Bill |
Title |
Date |
Extending PEIA coverage to certain long-term substitute education |
03/06/07 |
|
Extending the expiration date of provisions permitting retired teachers |
02/07/07 |
|
Providing payment for GED exam fees – Senate Education, then |
02/28/07 |
|
Relating to substitute service personnel seniority. |
03/02/07 |
|
Allowing spouses who are employed by the same county board |
02/27/07 |
|
Relating to donation and transfer of surplus personal computers |
03/06/07 |
|
Relating to the renewal of teaching certificates and permanent |
03/08/07 |
|
Reimbursing tuition and fees for courses for the renewal of |
03/02/07 |
|
Relating to compensation of public school teachers and school |
03/07/07 |
|
Reducing federal adjusted gross income for contributions to public |
03/02/07 |
|
Including school psychologists and school nurses with other |
02/28/07 |
|
Allowing a public school employee or retiree who missed work |
02/20/07 |
|
Relating to sale and serving of beverages in schools – Senate |
03/01/07 |
|
Authorizing county boards of education to pay five hundred dollars |
02/27/07 |
|
Providing for payment of tuition and fees for members of the |
03/08/07 |
|
Relating to alternative education programs for certified teachers |
02/26/07 |
|
Creating a new pay grade classification of "bus operator II" – |
02/20/07 |
|
Relating to school access safety generally. (Refer |
03/08/07 |
|
Requiring local school boards reimburse mileage to school |
03/08/07 |
|
Relating to higher education generally. (Refer to Senate |
03/08/07 |
|
Relating to public school finance. (Refer to Senate action |
03/08/07 |
|
Authorizing rules for Higher Education Policy Commission and |
03/08/07 |
|
Eliminating early resignation notification bonus for certain |
03/08/07 |
|
Establishing 21st Century Tools for 21st Century Schools |
03/07/07 |
|
Requiring State Board of Education incorporate 21st Century |
03/08/07 |
|
Creating WV Andrew J. Trail Purple Heart Recipient College |
03/08/07 |
SB 134 Requiring employers to provide contribution information to State Teachers Retirement System – Has completed legislative action 3/2/07 - http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb134%20intr.htm
SB 442 Relating to grievance procedure for certain state and educational employees – Has completed legislative action 3/47/07; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB442%20SUB2%20eng.htm
SB 489 Relating to PROMISE Scholarship graduates report to Legislative Oversight Commission on Work Force Investmetn for Economic Development – Has completed legislative action 3/6/07; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb489%20eng.htm
House Bills
House HB 2461 Providing that all employees have the right to review and copy the contents of their personnel files – Senate Judiciary Committee, then Senate Finance Committee; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB2461%20SUB.htm
HB 3094 Prohibiting county and district school officials, teachers and school officials from having a pecuniary interest in certain contracts – Senate Second Reading 3/9/07; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB3094%20SUB.htm
House Bill 3220. Relating to medical qualifications of school bus operators – Senate Education Committee; http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB3220%20SUB%20ENG.htm
Note: Listings are not exhaustible.
Legislative Calendar
First Day - Jan. 10, 2007: First day of session. (WV Const. Art. VI, §18)
20thDay – Jan. 29, 2007: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)
41st Day – Feb. 19, 2007: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14) Does not apply to Senate resolutions or concurrent resolutions.
45th Day - Feb. 23, 2007: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. (House Rule 91a) Does not apply to House resolutions or concurrent resolutions.
47th Day - Feb. 25, 2007: Bills due out of committees in house of origin to ensure three full days for readings.
50th Day - Feb. 28, 2007: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)
60th Day - March 10, 2007: Adjournment at Midnight. (WV Const. Art. VI, §22)
From the West Virginia Legislature
Commentary
It takes more than brick and mortar to "fix" a school system
Lots can be learned from Lincoln County takeover, achievements and return
By Howard M. O’Cull, Ed.D.
Executive director
West Virginia School Board Association
I may be treading where angels dare not trod, but let me explain.
West Virginia Board of Education officials invited me to attend a Feb. 28 meeting with a contingent of state board members who met with the Lincoln County Board of Education in Hamlin.
The ostensible purpose of this meeting – handled with exceeding fairness by WVBE President Lowell Johnson, Ph.D., of Greenbrier County – was to initiate formal dialogue between the state board and local officials regarding return of the school system to the Lincoln Board.
That the dialogue was initiated by the state board may speak volumes. Yet the WVBE’s intent seems genuine. Not surprisingly, local officials appear concerned about system receivership, primarily in terms of financial implications, including loss of students to a regional high school in nearby Logan County.
A significant portion of the meeting centered on a West Virginia Department of Education presentation concerning Lincoln County Schools’ fiscal condition both now and prospectively. WVDE officials patiently explained, based on their figures, that the Lincoln board will not be “financially-devastated” -- a term oft used by one of the Lincoln board members -- if and when the WVBE returns control of the schools to Lincoln officials.
To say the least, local board members received this information in rather guarded, tenuous terms, mentioning possible defeat of an excess levy due for renewal next year.
Again, WVDE personnel pointed out that even if the levy were to fail, the county board would be able to survive and manage financially, albeit on a tighter budget.
Besides finances, local board members – some say with a motive to embarrass the state board and WVDE – want a thorough cataloging of what has happened with the system since state intervention seven years ago.
Perhaps there is potential for “embarrassment” given that some state accomplishments have been lacking in terms of the college-going rate and test scores. Although the graduation rate has increased, state officials want to use more recent data to illustrate what has been accomplished at the local level rather than going back to the original Office of Education Performance Audits report conducted about eight years ago.
(In some respects Lincoln County deficiencies may be related to the inordinate energy previous county superintendent Bill Grizzell had to spend working to ensure that the new high school was constructed.)
Getting a “handle” on what has transpired in Lincoln County since 2000 actually can prove healthy if the WVBE is willing, as Johnson repeatedly told those attending the meeting, to “put everything on the table.”
If the state board were to take this approach, the results may surprise both the WVBE and local board, namely that there likely have been some if not many educational accomplishments, particularly during the tenure of current superintendent Anne Seaver, Ed.D., who has been on the job less than a year. Of course, much remains to be done to make the Lincoln County school system fully functioning, although based on meeting information Seaver has made considerable strides.
In other words, the proof will be in the pudding – and the school system can move on.
Make no mistake: Progress in Lincoln County based on state takeover always has been problematic.
In fact, few if any state takeovers have been successful. None that I know of have been undertaken within such an obvious milieu of transforming a school system without some concomitant change in the political structure – something over which the WVBE and, if one believes some sources, county residents have little control given various factions.
If the WVBE concluded, armed with the support of powerful state political operatives who supported the 2000 takeover, that they could or would penetrate county culture, they simply have failed but should not feel badly because no one – or no other entity – would have been successful either. Moreover, as we shall see, that wasn’t the state board’s mission.
If the WVBE, armed with support of state sponsors, concluded construction of a multi-million dollar school would unite the county, this is rather ambitious thinking. Eventually, this may be case. However, it isn’t the case now because, again, of inherent county cultural issues which overshadow and swirl within the mix like a raging storm. Again, the WVBE design, aided by the School Building Authority, largely was to construct a consolidated high school.
But, let’s set aside some of these considerations and approach Lincoln County from a purely dispassionate policy perspective.
All the state’s done has not been bad as I believe a “complete” audit will show. All the county board has done, when one reaches through the layers and fog of rhetoric, is what most boards would do if they saw their system wretched from their hands -- especially given the bare knuckles, gritty politics of Lincoln County.
While pundits say the “real reason” the board doesn’t want the system back is because its bully pulpit, often effectively aimed “against” the WVBE and state superintendent of schools, will be yanked away. This sentiment may be true in a cynical sense, but not in a policy sense. The WVBE takes systems over – granted the state board has incredible constitutional and statutory power to do so – but the state board doesn’t prepare local board members, who are marginalized during takeovers, for eventual return of the system.
While the WVBE is eager to rid itself of the Lincoln Board in terms of county takeover, the Lincoln Board isn’t exactly eager to receive the system. Some reasons are legitimate and some less so.
Let’s acknowledge that only one member of the Lincoln Board was present at the time of the takeover and in the intervening years three school board elections have been conducted.
Thus, we have a board, which has been stripped literally powerless, now faced with running a school system for which it has had no considerate responsibility for the past seven years. Members now will become accountable for making hard decisions such as deciding matters ranging from curricular issues to personnel layoffs and the like -- normal school board stuff. Moreover, these prospective decisions will have to be made without the board able to fall back on the state board as the magisterial “decision-maker.”
While pundits say the “real reason” the board doesn’t want the system back is because its bully pulpit, often effectively aimed “against” the WVBE and state superintendent of schools, will be yanked away. This sentiment may be true in a cynical sense, but not in a policy sense. The WVBE takes systems over – granted the state board has incredible constitutional and statutory power to do so – but the state board doesn’t prepare local board members, who are marginalized during takeovers, for eventual return of the system.
Thus, not only do state takeovers cripple local decision making in the short-term but may for the long haul as well.
That is, until now. The current state superintendent, himself having been a county superintendent who worked well with his local board, has realized the state simply can’t “leave” a takeover county without first preparing its members to run the system once the state exits.
There is no better place to apply this doctrine than in Lincoln County. First, however, some trust-building is in order.
While this may be Herculean, it can be done.
Consider these steps:
- The WVBE could require an immediate, unannounced audit of Lincoln County Schools – with the audit team in no way comprised of persons who were involved in the first or subsequent audit “checkups.” This step is monolithic in terms of building trust.
- Once the audit is completed, identify without varnish, impunity, fault or blame what needs to be done to straighten out the system and what it will take – resources, money and otherwise, and whether the system has the capacity to deal with findings that may require additional funds and personnel.
- Establish an advisory team – 11 people come to mind – whose role is to develop a plan to return the system to the Lincoln Board. Members should be appointed by the WVBE, the local board, and some persons mutually selected by both. The county board, state board or department officials, however, would not attend their meetings, although the WVDE could serve as a resource.
- Put this team to work, minus any involvement with the local board initially, to develop an exit strategy based on the process previously adopted by the WVBE. (Don’t discard the WVBE exit strategy plan -- that’s not the point.)
- Once the 11-member team has completed its work – again, without involvement and infiltration by either the WVBE or local board (and certainly the state Department of Education) – begin concrete efforts to return the system with specified timelines and levels of accountability.
- Have the team present its findings first to the local board and then to the state board.
- If the local board approves the plan – or credibly modifies it – then serious discussions can occur regarding returning the system to local control.
- If the local board accepts the plan, it would have two years to implement it. After two years, which will include another board election, Lincoln school officials would retain system leadership and could select a superintendent who would be responsible for guiding the system – perhaps under a degree of state board tutelage.
- If the local board rejects the advisory group’s plan for frivolous reasons or politics, the state board, as part of a contract with the local board, would be responsible for going ahead with system transfer. It would keep a superintendent “there” to effect the state plans in that the local board is deemed as being uncooperative. (In other words, the WVBE simply wouldn’t leave the system until its exit objectives are accomplished sans a large degree of local board input.)
The advantage of the above process is that it is incremental and would take collaboration of both the WVBE and county board.
This model is built on the tedium of patience, but with specified goals and outcomes.
Also, the model helps build trust and marginalizes, to a great degree, the regulatory largess of the state Department of Education, letting other players determine how to straighten out the county – persons who have less hide to protect if the audit doesn’t show things have gone well during the past several years. (My bias: This likely won’t be the case.)
Now the next chapter: Some good things are going on in Lincoln County, although some persons may cry foul, using the “motives card” to question their “true” intent.
A new on-line newspaper is to start print production in April. Dan Butcher, the newspaper owner, appears to want to “turn the county around,” although he came to the Feb. 28 meeting announcing a $5,000 grant he is giving for a high school baseball field and that he is going to run for the school board. (These monetary outlays are in addition to several thousands of dollars Butcher has provided for the new high school.)
Let’s lay these considerations aside. Let’s look at some other signs of change, including the new High School, a new arts council and, in Seaver’s words, increased employee morale.
The new high school, however, cannot convert inherent Lincoln County politics.This may be where both the Lincoln Journal and the new Lincoln Standard come into play.
While schools just as churches are no longer the pillars of the community, Lincoln County High School can refocus the school system on education and educational issues and terms.
The new high school, however, cannot convert inherent Lincoln County politics.
This may be where both the Lincoln Journal and the new Lincoln Standard come into play.
Previously, there has only been one newspaper that mattered -- the Lincoln Journal. If the Lincoln Standard begins to force discussion of issues the Journal has failed to address – or has addressed with bias as some allege -- there may be room for citizen debate regarding the future of the county.
County politicians aren’t about to lead this debate as is the case in most Southern West Virginia counties.
If this debate were to occur and serious problems in the county’s political structure were exposed by “local” folks who want to solve local problems, we may see some inherent county cultural change, both in terms of politics and, as Butcher hopes, attitude.
Previously, there has only been one newspaper that mattered -- the Lincoln Journal. If the Lincoln Standard begins to force discussion of issues the Journal has failed to address – or has addressed with bias as some allege -- there may be room for citizen debate regarding the future of the county.
(Butcher, a native of Lincoln County who has a home in Florida. He has just purchased three other small papers and plans online newspapers in Boone and Logan counties – again to compete with the “official” newspapers the Coal Valley News and the Logan Banner.)
The new high school, at least from this outsider’s view, is not going to force cultural change in Lincoln County – change that would be reflected in “who” is elected to political office and their motives. The school can become the fulcrum for change given an energized desire and organized approach to turn the county around.
Thus, while this column started out with a discussion about how to return control of the Lincoln board to its citizens, it ends with how other non-education entities can evoke systemic change – not the WVBE or SBA. These entities are in business to erect buildings and hope the school system culture itself has changed which – given the recent re-intervention in Mingo County does not always happen – and declare victory based on data they and OEPA collects and touts.
Yet, as WVBE member Barbara Fish of Wood County noted at the Feb. 28 meeting, cultural change must be effected by parents, by citizens and by the will of the public. The WVBE, no matter how noble its objectives, can neither warrant or effect such outcomes.
That’s where other societal institutions come into play such as the county’s two newspapers.
Yet, as WVBE member Barbara Fish of Wood County noted at the Feb. 28 meeting, cultural change must be effected by parents, by citizens and by the will of the public. The WVBE, no matter how noble its objectives, can neither warrant or effect such outcomes.
That’s where other societal institutions come into play such as the county’s two newspapers.
Societal culture, which influences how a county acts and behaves – educationally and otherwise – is not going to be remixed through WVBE building new high schools. This type change, however, can be effected by internal forces. Maybe newspaper competition can force the issues, especially as fueled by competition, because Lincoln politicians gain too much through fostering inherent status quo.
Simply stated, the WVBE entered Lincoln County, armed and abetted by an OPEA audit report, to 1) build a new high school through largess of the SBA and through the wishes of powerful politicians, and 2) to straighten out deficiencies OEPA noted.
The intervention itself, the new high school and even progress the county has made to address deficiencies noted in the OEPA report do not do a damn thing to change Lincoln County’s inherent culture which is infused with good ole politics.
While such an undertaking is not within purview of either the WVBE or School Building Authority, let’s consider Lincoln County High School itself as a fulcrum for change, given the advent of other internal forces who seemingly want to change the county’s cultural and, it is hoped, political landscape.
It is time the state board left Lincoln County and it is high time the WVBE learned that, in takeover situations, any success imparted to or truly garnered by the state board will be in terms of lasting cultural change – not school buildings.
It is time the state board left Lincoln County and it is high time the WVBE learned that, in takeover situations, any success imparted to or truly garnered by the state board will be in terms of lasting cultural change – not school buildings.
Yet, the latter task is too large for the WVBE – or any entity, constitutional or otherwise. That’s why the Legislature should scarp most takeovers, concentrating on more collaborative efforts to transform entire systems.
Perhaps these attempts may fail, but failure – and certainly success -- is more often in the eye of the beholder, as touted through rhetoric and often PowerPoint presentations.
ETC.
Wisdom
“Faith is a fine invention
For gentlemen who see;
But microscopes are prudent
In an emergency!” – Emily Dickinson
Soundbites
“They’re (county superintendents) licking their chops to get this money.” – Del. Richard Browning, D-Wyoming, discussing Senate Bill 67 which he had originally characterized as an “under-funded mandate.” Given the changes made by the House and Senate, Browning said he was in full support of the bill and that superintendents in his Delegate district were as well.
“Sen. [Larry] Edgell has a gift for you.” – Comments made by Senate Education Chairman Bob Plymale, thanking the SEC for its work this year. Edgell, D-Wetzel, and SEC Vice Chairman, responded, “Yes, it’s a handshake.”
“We're going to talk about the situation as it currently stands and exists and what future options we have available to us…” – West Virginia Education Association President Charles DeLauder discussing various “options” teachers may use as a means to “protest” the Legislature’s 3.5 percent pay increase.
“This should come as no surprise, after the discussions that we've had, that in my opinion that the passage of this bill would be one of the greatest mistakes that the legislature of West Virginia has ever made." – House Minority Leader Tim Armstead, R-Kanawha, discussing passage of table games legislation.
Meanwhile in Ohio...
Gov. Ted Strickland recently told all Ohio state agencies to stop ordering coffee, lunch and other meals while his office reviews nearly $4 million in food-related expenses in the past two years.
His executive order put a freeze on breakfast trays and other food provided at meetings and conferences held for official state business, a Strickland spokesperson said.
The move was prompted by a recent Senate Finance Committee report showing that the Ohio Board of Regents, the agency that oversees Ohio’s higher education system, had spend $113,000 on catering services and restaurant tabs since 2005, including several charges at high-end restaurants in Columbus, the spokesman said.
The Ohio Board of Regents did not comment on the report, according to the Associated Press which reported the story.
Source: Associated Press.
Last Word
Legislature – enough to make you laugh and make you cry
Some good and decent people elected as lawmakers
West Virginia's legislative process both fascinates and horrifies me.
It's remarkable how a part-time legislature with limited staff can occasionally pass a law that is reasonably well-crafted and results in the betterment of the state. The privatization of the state Workers' Compensation program comes to mind.
At other times, however, the debate drifts down to something resembling a seventh-grade student council meeting -- and I mean no offense to junior high students. For example, how is it that the Legislature cannot grasp the concept that ATVs should not be permitted on paved roads?
One of the beauties of a part-time citizens' legislature is that everyday people are determining public policy. It says something positive about our state when a regular citizen who happens to have an interest in public policy can get elected and have input into how the place works.
The drawback is that policy can be unnaturally influenced by anecdotal evidence. It astounds me how many times I've heard during the course of debate something like, "Well, I like to ride my ATV with my wife" or "I almost hit an ATV the other day."
In other words, our laws are not always based on the best available research or even logic. They can be odd accumulations that produce unintended consequences. Do you really believe that when the Legislature legalized gray machines a few years ago, lawmakers envisioned "Hot Spots" on every corner?
People who call my show or talk to me on the street (speaking of anecdotal evidence) seem to have a general mistrust of the legislators. The citizen critic sees the lawmaker as given to feathering his own nest or bent on shafting the public.
That generalization, like most, is untrue.
In fact, you have elected some good and decent people to the Legislature. Not all of them, of course, qualify for your respect. There are a few in Charleston I wouldn't trust with my lunch money. But others actually have the public good in mind.
True, even the higher calling of the public good is frequently shaped because of politics, but the Legislature is, after all, a political body. A legislator chosen by public vote who does not consider how his or her stand on an issue will play back home is not long for office.
West Virginia's legislative process is imperfect, but not immoral. It can be awkward and clownish, but also dignified. I personally enjoy the mix of the formality inside the House and Senate chambers mixed with the informality that pervades the rest of the Capitol.
The Legislature tends to reflect the people who elected its members. It has many more decent and competent members than those who are not. Sometimes, they work together to produce desirable results.
Watch it closely, as I have, and sometimes you'll laugh and other times you'll want to cry.
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.
West Virginia School Boards Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG
Kim Cooper (Raleigh), President
dukecoop77@yahoo.com
Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
Ljwm1108@ruralnet.org
Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org
* Committee on Communications: Judi Almond (Raleigh), Beth
Cercone (Clay), Bob Duckworth (Taylor), David McCutcheon (Roane),
Mike
Mitchem (McDowell), Nancy Walker
(Monongalia), Don Tuttle (Wetzel)
Vincit omnia veritas
“Truth conquers all”