News

Teacher hiring standards bill clears one committee

By Jim Wallace

The Senate Education Committee approved a bill this week that would give school districts more flexibility in hiring teachers.

The committee made some changes in Senate Bill 672 before passing it, but it is still based on legislation proposed by Gov. Manchin on a recommendation from the 21st Century Jobs Cabinet. First Lady Gayle Manchin, who is a member of both the Jobs Cabinet and the state school board, encouraged the committee to approve the bill and promote a “healthy discussion” on teaching hiring practices.

“As a parent, as a former teacher and now as a member of the state Board of Education, I certainly believe that when laws are passed and codified, there are probably very good reasons,” she said. “But as we go down the road, many times things change, processes change, education changes. At the same time, those practices for hiring in education should change also.”

The first lady said some members of the Jobs Cabinet disagreed with the recommendations, but most members supported them. House Education Chairwoman Mary Poling, D-Barbour, was among those on the Jobs Cabinet who opposed the proposed changes, but Senate Education Chairman Bob Plymale, D-Wayne, was among the supporters and led a work group that studied the teacher hiring issues.

 

Opinions on the bill are mixed.

“Giving us the standards to make sure we’re putting the most qualified teachers in classrooms is a step in the right direction.” – Wood County Supt. Bill Niday said.

  Teachers’ union leaders also are opposed to the proposed changes, but county school board members and superintendents see a lot of good in the bill. Some of them would like to make changes in the bill, but most would like to see it pass in some form. One aspect of the bill that superintendents particularly like would allow them to give more weight to job interviews and less to seniority.

“Giving us the standards to make sure we’re putting the most qualified teachers in classrooms is a step in the right direction,” Wood County Supt. Bill Niday said.

Likewise, Monroe County Supt. Lyn Guy said, “What you’re really trying to do is find the best person for the position.” But she said the emphasis on seniority in current law sometimes gets in the way of that. “Just being there doesn’t mean you’re a more qualified person,” she said.

Rick Snuffer, a Raleigh County school board member and president of the West Virginia School Board Association, said the bill is not perfect, but it is aimed in the right direction. Seniority gets too much weight in the current system, and job applicants’ qualifications and abilities don’t get enough consideration, he said.
“We’re not always putting the best person in the right job.” WVSBA President Rick Snuffe
“We do need some more freedom at the local level,” Snuffer said. “We’re not always putting the best person in the right job.”

 

More criteria could be used.

Howard Seufer, general counsel for the West Virginia School Board Association, said the bill adds a few more standards to be used in hiring decisions from the seven in current law. He said that should allow school boards to tailor the qualifications for jobs they need to fill better than they can now. As the bill came out of the Senate Education Committee, these are the criteria school boards would be expected to use:

1. Interview performance – Applicants shall participate in a written and/or oral interview that demonstrates effective communication skills, professionalism and any criteria listed in this subsection;
2. Demonstrated competence in standards-based instruction;
3. Demonstrated competence in technology integration;
4. Demonstrated competence in 21 century skills, tools and content;
5. Certification and/or licensure;
6. Experience relevant to the position;
7. Course work and/or degree relevant to the position;
8. Past performance evaluations;
9. Academic achievement;
10.  Training relevant to the position; and
11.  Seniority.

“I think it’s a good bill.” – WVSBA attorney Howard Seufer

“I think it’s a good bill,” Seufer said. “I’ve seen too many cases with the old formula requiring school districts to hire people they shouldn’t have. They didn’t have the discretion they should have had.”

 

Some are concerned about nepotism and cronyism.

Critics of the bill – including Dale Lee of the West Virginia Federation of Teachers, Judy Hale of the American Federation of Teachers and Poling – charge that the bill would take the state back to the days of nepotism and cronyism.

“I think we’re already there as far as nepotism,” Berkeley County school board member Pat Murphy said. “I think we already have that problem.”

Murphy, who is a former teacher and WVEA member as well as a former vice-chairman of the House Education Committee, said the bill has enough merits that it should move forward, but he hopes certain problems get fixed in the legislative process.

“I’ve seen some interview their own children for positions – and that shouldn’t be occurring at least in a larger county setting.” – Berkeley County board member Pat Murphy “If this bill were to pass, I think they should also incorporate a position against nepotism, not having any relatives supervising their relatives in employment,” he said. “I’ve seen some interview their own children for positions – and that shouldn’t be occurring at least in a larger county setting.”

In smaller, rural counties, it might be hard to avoid having members of the same family working in the school system, so there should be some leeway on any nepotism provision, Murphy said. “But in an urban setting like we have here in Berkeley County, there’s no call for it.”

Guy agreed on that point. In Monroe County, she said, some families have produced long lines of teachers. “In a rural area, teaching is a good-paying profession,” she said, and with certain high school teaching positions, the school system is glad to get any qualified applicants for openings. Guy said there is more of a perception of a problem with nepotism than a real problem.

“The really bad teachers get weeded out,” she said.

“It would be difficult to masquerade cronyism or nepotism.” – WVSBA attorney Howard Seufer

Seufer doubts nepotism and cronyism would increase if the bill becomes law. “School boards still must act reasonably and in the best interest of schools,” he said. “It would be difficult to masquerade cronyism or nepotism.”

Martha Dean, executive director of the West Virginia School Administrators Association, likes the bill and doubts it would increase the likelihood of nepotism and cronyism.

“I think there was a time when the quality of teachers was not considered as important as it is today,” she said. “Teachers really have to have a very good education today. They have to be prepared to teach their subject matters, and there are criteria that people are looking for other than friendship. I don’t know any school administrator that wants to make a decision based on friendship.”

 

Principals play important role.

In addition, Dean would like to strengthen the role of principals in the hiring process. “I think that the principals need to have a strong voice in the people who are hired for their buildings, because many principals have a certain philosophy that is present in their buildings, and only certain teachers who have a similar philosophy or similar training will fit into the buildings,” she said.

Niday said, while he wants flexibility as a superintendent in hiring decisions, there should be provisions in the law to guard against nepotism and cronyism. “The reason laws were written in the first place is because there were some problems,” he said. “We need to ensure that doesn’t happen again. Obviously, we can’t have cronyism. Everybody can agree with that.”

Barbara Taylor, a Nicholas County school board member, likes adding such criteria as technology integration and standards-based instruction to hiring criteria but she thinks the bill should be “fine-tuned.” She is concerned about placing more emphasis on job interviews, because some people who might be good in their jobs just don’t do well in interviews. She is troubled by a provision in the bill that would let a superintendent repost a position if no one does well in interviews for the job.

“I’m just not sure about that part,” Taylor said. “I can see where that can be taken advantage of.”

“I don’t really think that superintendents want the authority to be called the trump card, the one person who can be made to post a job.” – Martha Dean of West Virginia School Administrators Association

Dean agrees that the provision allowing superintendents to reject all candidates for a position and repost the opening should be changed.

“I don’t really think that superintendents want the authority to be called the trump card, the one person who can be made to post a job,” she said. “I think that consideration for reposting a job sometimes is necessary, but it would be better if it were a committee decision or based on some other criteria, rather than just the superintendent’s judgment.”

Like some of the bill’s critics, Murphy is concerned that the bill would put more weight on job interviews than on seniority. He doesn’t want school systems to be in the position of treating strangers better than their own employees.

“I think the mistake that they’re making is, if you have a proper evaluation process in place, you have an obligation to your loyal employees, especially when they can get up and leave, to give them a chance to move laterally before you bring in people externally,” he said. “I have concerns about the people who look good on paper having a greater opportunity at a posting than teachers who have demonstrated their loyalty and want to move laterally.”

 

Deadlines would change.

Other provisions of the bill change deadlines that affect personnel decisions. For example, current law rewards teachers with $500 if they notify their school boards no later than Feb. 1 that they plan to retire at the end of the school year. Senate Bill 672 would give school boards two more months to plan on filling such vacancies by pushing the deadline back to Dec. 1. It also would make that provision apply to “professional personnel” instead of just classroom teachers.

Another important change in dates involves the filling of positions through transfers of personnel from one position to another. Current law encourages such transfers to be completed by “the fifth day prior to the beginning of the instructional term.” The bill would change that date to July 15.

Seufer, who called that the “stay put rule,” said school administrators think the change is a good idea. “It’s probably good for getting a teacher in every classroom for the coming year,” he said.

Another provision in the bill would allow elementary school teachers to be reassigned to another grade level if both the employee and the school board mutually agree to the reassignment. Seufer said that would help retain core teachers.

“I see nothing wonderful about July 15.” – Nicholas County board member Barbara Taylor

Taylor likes the provision to have retiring teachers notify officials by December 1 instead of February 1 to give school boards more time to fill vacated positions. But she doesn’t like moving up the deadline for transfers.

“I see nothing wonderful about July 15,” Taylor said.

Yet another provision of the bill would remove the requirement for teachers to be American citizens. Current law provides for limited exceptions to that requirement, but some people, including Sen. Plymale, have said the requirement has prevented school districts from hiring otherwise qualified instructors for hard-to-fill vacancies. Murphy said he agrees with that proposed change.

 

Course ahead for bill looks tougher.

Although the bill originally was scheduled to go to the Senate Judiciary Committee after it got through the Senate Education Committee, the Senate sent it instead to the Senate Finance Committee after giving the bill the first of three required readings on the Senate floor on Wednesday.

Because of Poling’s opposition to the bill, it is expected to have a tougher time getting through the House Education Committee than the Senate Education Committee.

“If this bill is considered in House Education, it would be changed dramatically,” Dean said. If that would happen, she said, the two versions of the bill would have to go to a House-Senate conference committee to work out the differences. She said that might make it harder for the bill to get final legislative approval this year.

“The House Education Committee has more representation by the teachers,” Dean said. “It also has representation by service personnel. The people on the Senate Education Committee – more of them are from other professions who see how job selection is done outside the realm of education.”

That difference helps explain why the Senate Education Committee would be more willing to change hiring standards for teachers, while the House Education Committee would be more resistant to change, she said.

 

-- 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.

 

PEIA Finance Board considers raising payments from employers

By Jim Wallace

Members of the Public Employees Insurance Agency Finance Board received one sobering financial report after another at their latest meeting on Thursday.

Much of the discussion concerned the OPEB (other post-employment benefits) liability, which is steadily increasing. An audit report presented by Norman Mosrie of the accounting firm Ernst & Young estimated the actuarial accrued liability on June 30, 2008, at $6.4 billion and said it “represents substantial unfunded liability for employers.”

Brad Paulis of CCRC Actuaries said the liability is expected to be about $7 billion this year and is projected to increase to $10.6 billion in 2013.

 

Annual required contribution was a key issue.

 The one item up for a vote at the meeting was the annual required contribution that agencies covered by PEIA must make for fiscal year 2010. That annual required contribution covers only the so-called “pay-as-you-go” costs, but not the majority of the long-term liability. Currently, agencies pay only about $140 per policy per month. They are billed for the additional amount to cover the rest of the liability but not required to pay it.

Jason Haught, PEIA’s chief financial officer, said calculations yield a figure of $762.26 for what each employer should be billed per policy per month.

“The annual OPEB cost is going to continue to increase, because you got to catch up what wasn’t funded in the plan.” – accountant Norman Mosrie

PEIA Director Ted Cheatham said there are concerns about the fiduciary responsibility of Finance Board members and agency officials if they let most of the OPEB liability go unpaid. Mosrie warned about the consequences of not paying for any of the liability beyond the pay-as-you-go portion.

“When that full amount is not funded into the plan, what starts happening is your amount of your annual OPEB cost jumps up significantly even in a one-year time frame,” he said. “The people that have the ability to pay really need to start funding the plan. Otherwise, if you’re just setting these rates and the plan is not funded then this obligation is just going to continue to grow. The annual OPEB cost is going to continue to increase, because you got to catch up what wasn’t funded in the plan.”

 

PEIA could require higher payments.

Cheatham responded, “It’s going to continue to spiral out of control.” He pointed out that the Finance Board has the authority to require agencies to pay more than just the annual required contribution.

“No agency – and certainly no county board of education – has those kinds of resources.”—PEIA Finance Board Perry Bryant

Finance Board member Perry Bryant said, “No agency – and certainly no county board of education – has those kinds of resources.”

Mosrie said some agencies, such as certain universities, have enough liquid assets on their books that they could pay more, but there is no motivation for them to do so as long as all employers don’t have to pay more.

“Obviously, the statute needs to be changed,” Finance Board member Joe Smith said.

“Changed to what though?” Administration Secretary Rob Ferguson, who is chairman of the Finance Board, asked.

Cheatham said the board could require employers to pay “something in the middle” – more than they are currently required to pay but not enough to cover the full liability. “It’s within the power of the board to say we’ve got to do something to start funding this or it’s going to get worse,” he said.

Bryant said the board must deal with the issue in the future. Ferguson suggested inviting officials from the state Budget Office to attend the next meeting to explore how the OPEB liability might be funded.

The board did vote to approve the annual required contribution for the next fiscal year on a motion by Bryant. But he also suggested obtaining recommendations to decrease utilization of the health care services funded by PEIA. Cheatham responded that the agency already plans to begin new disease management plans in July.

 

Outlook for casual deficit bill dims.

Meanwhile at the Legislature on Thursday, Senate Bill 258, which deals with casual deficits, reportedly was running into trouble in the Senate. The bill would clarify that members of local fiscal bodies, such as county school boards, would not be held personally or criminally liable for deficits caused by the unfunded actuarial, accrued OPEB liability beyond the required minimum annual employer premium payments.

The reported concern among Senate leaders was that passage of the bill might increase the state’s responsibility for the OPEB liability. Supporters of the bill have identified four members of leadership – Senate President Earl Ray Tomblin, D-Logan; Senate Finance Chairman Walt Helmick, D-Pocahontas; Senate Finance Vice-chairman Brooks McCabe, D-Kanawha; and Senate Education Chairman Bob Plymale, D-Wayne – as the key persons to target with arguments for passing the bill.

 

-- 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.

 

School board training bill moves through House

By Jim Wallace

The House Education Committee approved several bills during the past week, including House Bill 3208, which deals with training for school board members and the appointment of superintendents.

In regard to school board members’ training, the bill would require the school district report card to include – in addition to the names and terms of board members and whether they have attended new members’ orientation – the number of hours of training meeting standards prescribed by the state Board of Education that they have received during the school term.

The bill would require the state board to appoint a County Board Member Training Standards Review Committee to determine particular types of training and training organizations should be approved. The committee would meet at least once a year.

 

Filling superintendent vacancies would be changed.

In regard to superintendents, current law provides that someone who fills a vacancy caused by an incomplete term can be appointed to serve until the following July 1. But it also provides that a school board may appoint an interim superintendent to serve up to 120 days from the occurrence of the vacancy.

House Bill 3208 would allow an interim superintendent filling a vacancy that occurs after March 1 to serve until July 1 of the following year unless a permanent superintendent is appointed before that. The thinking was that the change would prevent a board facing a late school year vacancy from having to rush through a decision on hiring a superintendent.

Another clause in the bill addresses the problem of incapacitation of a superintendent due to accident or illness that could lead to prolonged absence. It allows a school board to appoint an acting superintendent until the incapacity no longer exists in the determination of a majority of school board members. However, an acting superintendent can serve no longer than one year or until the expiration of the superintendent’s term, whichever is less, without being reappointed.

Delegate Walter Duke, R-Berkeley, wondered if the incapacitation provision would cover the incarceration of a superintendent. Legislative attorney David Mohr said a vacancy in the position could probably be declared in that case. Delegate John Shott, R-Mercer, suggested such an occurrence would make it mandatory for the state school board to take action. “That’s fair to say,” Mohr responded.

Further, the bill would set the period for appointing a superintendent as after Jan. 1 and on or before June 1, rather than simply on or before June 1.

By Thursday, the bill reached its second reading on the floor of the House of Delegates. That’s the stage when any member of the House could attempt to amend the bill, but no one offered an amendment. Barring any unforeseen problems on third reading, the bill could be on its way to the Senate by the end of the week.

 

Proficiency bill advances.

Gov. Manchin’s proposal to ensure that students in grades three and eight meet proficiency standards before advancing to the next grade moved forward when the House Education Committee approved House Bill 2832. But the committee made several changes in the bill.

“The intent is not to take tests to determine whether a child is to go on.” – Delegate Stan Shaver

Those changes include adding more findings to set the context for the bill and using student assistance teams to determine whether students need additional academic help to be successful at the next grade level. The chairman of a subcommittee that worked on the bill, Delegate Stan Shaver, D-Preston, said the subcommittee decided to use a mechanism already in existence.

“The intent is not to take tests to determine whether a child is to go on,” he said.

Delegate Walter Duke, R-Berkeley, said teachers are concerned about “top-down” regulations. But he asked, “How can you be opposed to accountability. We ought to be consistent in our process.”

Another change in the revised version of the bill is that summer programs for students deemed to need additional help would be contingent on adequate funding provided by the state Board of Education.

The revised bill also states: “Nothing prohibits the grade level retention of a student based upon the sole judgment of the teacher of the student’s mastery of the subject matter and preparation for the subject matter at the next higher grade level.”

Delegate John Shott, R-Mercer, asked, “Does this shift retention to teachers instead of tests?” Staff attorney David Mohr replied that it did.

House Education Vice-chairman Brady Paxton, D-Putnam, asked whether the subcommittee considered the opinions of the Department of Education and other interested parties, whether this was the best bill based on that input and whether it would help with the concept of establishing innovation zones at certain schools. Shaver answered yes to all of those questions.

This would only complement what has been in place for years. This is a good bill.”

Delegate Larry Williams, D-Preston, said, “This would only complement what has been in place for years. This is a good bill.”

 

Bus stops would become drug-free zones.

House Bill 3105, which would establish drug-free zones at bus stops within 100 feet of students waiting for, boarding or exiting school buses, received the House Education Committee’s approval.

The bill cleared its second reading on the House floor on Thursday but with a request to consider amendments on third reading.

 

Service personnel seniority issues would be cleaned up.

Late Thursday afternoon, the House Education Committee approved House Bill 3146 to clarify seniority rights for school service personnel. Mohr, the committee’s attorney, explained that it put more weight on experience over seniority within particular job classifications. For example, someone who has worked as a bus driver would get preference for a bus driving job over someone with more seniority but no bus driving experience.

Delegate William Romine, R-Taylor, said he thought the law already provided for that.

“School boards ought to love this. It’s going to stop a lot of musical chairs.” – Bob Brown of WVSSPA

Bob Brown, executive director of the West Virginia School Service Personnel Association, said there have been some issues not clearly spelled out by law, and the bill would clean up the law. “School boards ought to love this,” he said. “It’s going to stop a lot of musical chairs.”

 

House sends a few bills to the Senate.

A few education bills received unanimous approval (with four delegates absent) on the House floor on Thursday. They include:

• Committee Substitute for House Bill 2470 – Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the schools sell
• Committee Substitute for House Bill 2530 – Relating to further defining professional student support personnel
• Committee Substitute for House Bill 2703 – Relating to the state Teachers’ Retirement System
• House Bill 2734 – Relating to minimum guarantees provided to members who elected to transfer from the Teachers’ Defined Contribution System to the Teachers’ Retirement System.

-- 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.

 

Bills would affect school board composition and other matters

By Jim Wallace

The Senate Education Committee approved several bills this week (in addition to Senate Bill 513 on teacher hiring standards, covered in a separate story), including legislation to: create a nonvoting student member position on county school boards, deal with early childhood development programs, and create charter schools.

 

Each board could have a student member.

Senate Bill 257, which would add the nonvoting student member to each school board, passed out of the committee without any amendments. The requirements for such members would be: residency within the school district, enrollment in public school in the 11th or 12th grade, a minimum grade-point average of 3.0, and attendance in 95 percent of classes from ninth grade through the end of the student’s term on the board.

A student member would be: eligible to participate in all school board meetings except those in executive session (unless approved by a majority vote of the board), provided with complete agendas and other materials received by regular board members (except those related to executive sessions), and entitled to all expense allowances granted to other board members.

A board could remove a student member by majority vote upon the member’s failure to meet any of the eligibility criteria.

 

Superintendent backs early childhood bill.

“We’re the envy of many people.” – Kanawha County Supt. Ron Duerring

The committee approved Senate Bill 498, which deals with early childhood development, after receiving an endorsement from Kanawha County Supt. Ron Duerring. Staff attorney Hank Hager explained that the purpose of the bill is to deal with the relationships between county school boards and providers of programs for four-year-olds.

Duerring told the committee that the bill would ensure high-quality programs for those children. “We’re the envy of many people,” he said, because West Virginia is ahead of other states in providing programs for four-year-olds.

Senate Education Chairman Bob Plymale, D-Wayne, said West Virginia has been sailing “uncharted waters” with the early childhood initiative. He said the bill would provide more flexibility in collaboration between school boards and other program providers. Very rural districts in particular were having difficulties meeting requirements of the early childhood initiative, he said.

Plymale told Clayton Burch of the Department of Education that he wants to work with the department to implement the bill. Burch said the department is will to work with him on that.

“Conceptually, I think it’s something you can hang your hat on. This is going to improve the quality of child care.” – Clayton Burch of the Department of Education “Conceptually, I think it’s something you can hang your hat on,” Burch said. “This is going to improve the quality of child care.”

 

Charter school would be possible.

The committee approved Senate Bill 758 to create the West Virginia Charter Schools Act of 2009 with dissention only from Sen. John Unger, D-Berkeley. It would establish the requirements and make it possible to convert public schools to public charter schools. It would also establish a termination process for public charter schools.

One provision of the bill would promote competition with other public schools in a charter school’s county by trying to ensure that the charter school’s student population should be similar to that of other public schools. Students enrolled in individual education programs and those eligible for free and reduced lunches or both would be given priority over other students until they comprise 40 percent of the charter school’s student population.

Another approved bill, Senate Bill 373, would set a minimum of $4,750 a year for the PROMISE scholarship and recommend increasing the required ACT score from 22 to 23. Gov. Manchin, on the recommendation of an advisory panel, had proposed capping the PROMISE scholarship at $4,500 a year.

Other bills the Senate Education Committee approved include:

• Senate Bill 265 – Authorizing tax credit for new teachers in critical needs areas
• Senate Bill 273 – Creating incentives to obtain a GED
• Senate Bill 333 – Reducing the ratio of school nurses to students
• Senate Bill 485 – Requiring certain students to undergo dental examinations
• Senate Bill 635 – Relating to Process for Improving Education Council (the council, which never met over 20 years, would be eliminated)
• Senate Bill 652 – Relating to mentor teachers (including raising the stipend from $600 to $1,500)

Two other bills that were on the committee’s agenda this week were pulled off of it. One was Senate Bill 557, which deals with qualifications for county school board members. The other was Senate Bill 602, which would establish a dress code for teachers.

 

-- Jim Wallace is a former government reporter for the Charleston Daily Mail and former news director of West Virginia Public Radio. He now works for TSG Consulting in Charleston and writes for several national and West Virginia publications.

Administrative Perspective

Several education proposals were adopted this week as deadline for bill consideration in houses of origin nears

By Martha Dean, Ed.D.

This week has been pretty busy in both houses as the 47th day of the session nears, meaning bills must clear committees in the house of origin literally today since Sunday is the 47th day.

Additionally, bills originating in the Senate must be approved by Wednesday, April 1 – the 50th day of the session. The same applies for bills having originated in the House of Delegates. This is to allow for three full readings for each measure.

Then the Senate will consider House measures and the House will consider Senate measures for the rest of the session – both in committees and on the floor.

 

Several measures were adopted Tuesday.

On Tuesday, the House adopted the following bills:

• House Bill 3208, relating to county board member training hours;
• House Bill 3295, relating to the state Treasurer’s Office;
• House Bill 2691, adding two members to the boards at West Virginia University and Marshall University, relating to race and gender qualifications;
• House Bill 3123, relating to the transfer of used computers to county school systems from other government agencies; and
• A bill originating in committee related to educational data-sharing.

None of these bills seem critical to the priorities of either association, but it is useful to know what lawmakers have been dealing with.

 

Senate Education took on a long agenda.

On the Senate side, Tuesday was quite busy: The agenda contained consideration for 12 bills. The Education Committee did not conclude its work by 3:00 p.m., meeting again at 5:00 p.m. to finish the business. Several of these bills really affect the work of school systems and boards. 

First on the agenda was the early childhood bill, Senate Bill 498. A sub-committee had worked on the bill, and it was improved over the original bill. Ron Duerring, Ed.D., Kanawha County schools superintendent, spoke regarding the bill.  It is important to note that this state is in the forefront of others in the provision for early childhood education and the collaboration that exists among the interested parties. 

Duerring thanked the committee for their work to put us in this position. He did express concern over some of the provisions of the bill, which may be addressed as it goes to Senate Finance and to the House before it reaches the final passage stage.

Early in the session, there was a delegation from George Washington High School, which asked the Legislature to pass a law allowing for charter schools in West Virginia, since there is no current law. 

Non-controversial bills included Senate Bill 640, which would allow higher education employees to serve in the state Legislature since it clarifies that they are not state employees. Senate Bill 265 authorizes a tax credit for new teachers who teach in critical need areas. Senate Bill 273 creates incentives to obtain a GED, also in the form of a tax credit. Senate Bill 635 would eliminate the Process for Improving Education Council. It has not been active since its establishment several years ago. Senate Bill 652, a bill recommended for passage by a 2008 legislative interim committee, would increase the stipend for teacher mentors from $600 to $800, but would also increase requirements to be helpful to the new teacher during the mentoring process.

Early in the session, there was a delegation from George Washington High School, which asked the Legislature to pass a law allowing for charter schools in West Virginia, since there is no current law. 

Senate Bill 758 passed out of Senate Education on Tuesday to Senate Finance and creates the regulations for creating public charter schools. Some of the provisions are of concern since there is a provision that the county school system would have to hire and, I think, pay the teachers at the charter school. They would not, however, select the teacher, just hire them. Other provisions should be reviewed as they may create some problems for county school systems. It is a committee substitute for the introduced bill.

Senate Bill 333 changes the ratio for school nurses to students by changing the students included in the ratio from those in grades K-7 to all students. The ratio remains 1:1500, but all students would be counted, resulting in more positions for school nurses. There was not a fiscal note for this bill, I think, because nurses are included in the formula, but it is clear to me that in counties with more than 1,500 total students, it would increase the number of school nurses to be employed.

 

Jobs Cabinet bill would make several changes.

Finally on Tuesday, Senate Education took up Senate Bill 513, the bill that was worked on by the Jobs Council. This bill was discussed by the West Virginia School Personnel Association and is part of the West Virginia Association of School Administrators’ legislative agenda.

 Among other things, it changes the selection criteria from two different sets to one that lists the following:

• Interview performance where applicants participate in a written and/or oral interview that demonstrates effective communication skills, professionalism and any of the other listed criteria.
• Demonstrated competence in standards-based instruction.
• Demonstrated competence in 21st century skills, tools and content.
• Certification and/or licensure.
• Experience relevant to the position.
• Course work and/or degree relevant to the position.
• Past performance evaluations.
• Academic achievement.
• Training relevant to the position.
• Seniority.

I have some concern regarding this provision as it leaves superintendents open to what I think could be a lawsuit to force him/her to prove the reason for the non-selection of a candidate who thinks they are qualified.

The bill provides that if no applicant meets the standards set forth in the job posting, the county board can select the applicant based on its evaluation of the specified criteria. It further provides that if the superintendent determines that none of the applicants are satisfactory, the position shall be reposted.  (I have some concern regarding this provision as it leaves superintendents open to what I think could be a lawsuit to force him/her to prove the reason for the non-selection of a candidate who thinks they are qualified.)

The bill also changes the dates for transfer and for reductions in force and their hearings, but not substantially. The bill also allows realignment of teachers in an elementary school to different grade levels providing they are qualified to teach at those levels. The provisions are numerous and deserve to be studied thoroughly. This bill is to be sent to the Judiciary Committee, and must emerge by April 1 to go to the House for consideration.

 

Big issues came up on Thursday.

Although I could not attend Thursday’s meetings, I wanted to bring to everyone’s attention some bills to be considered in each House. The Senate Education Committee considered Senate Bill 373, relating to the Promise scholarship. They have been working to find a good solution to limit the amount of money to be spent and yet not hurt the Promise scholarship winners. 

Senate Bill 257 is of interest, I know. It requires a student, nonvoting member on local boards of education. When the state board began having the student serve on their board, it was just a matter of time before this became an issue for local boards, as well. I am not suggesting that this is a bad requirement, just that it is one more thing to have to figure out how to accomplish.

Senate Bill 485 requires dental examinations for certain students and Senate Bill 602 relates to the establishment of a teacher dress code.

In the House, one bill on the agenda was HB 3146, which adds more restrictions to the hiring of service personnel.  Specifically, two items that are very restrictive, based on seniority are:

• The assignment of aides to particular positions within a school shall be based on seniority within the aide classification category; and
• The assignment of custodians to work shifts within a school or work site shall be based upon seniority within the custodian classification category.

This bill must have been on the back burner for a while as I have not heard it discussed earlier.  I don’t think there is another committee reference for this bill.

Martha Dean, Ed.D.,is the executive director of the state School Administrators Association.

 

WVSBA Briefs

WVSBA conducting Mason County Schools Superintendent search; also working with Gilmer County

Mason County.

The Mason County Board of Education has contracted with the West Virginia School Board Association to conduct a superintendent search.

Larry Parsons, Ed.D., Mason County Schools Superintendent, has been named county superintendent in Preston County, for a term commencing July 1, 2009.

He has served the Mason Board for the last 12 years.

The state Board of Education voted earlier in the month to intervene in the Preston System.

An advertisement for the position vacancy is listed below:

COUNTY SCHOOLS SUPERINTENDENT.  The Mason County, WV, Board of Education is accepting applications for County Schools Superintendent.  Must meet WV qualifications for county superintendent. Salary/benefits negotiable. 6 elementary schools; 3 high schools; 1 Career Center (secondary); 1 intermediate school; 4256 students; declining enrollments; 387 professional personnel; 224.5 service personnel; $36.5 million budget, excluding $7.2 million from 89.2 percent excess levy; 2 WV Schools of Excellence; 5 Title I Distinguished Schools; 1 Exemplary High School; 3 newly renovated high schools and career center.  For "Notice of Position Vacancy," Application Form and related materials, contact: Mason County Schools Superintendent Search, c/o W. Va. School Board Association, PO Box 1008, Charleston, WV 25324 or visit www.wvsba.org (preferred).  Application deadline: 4:00 p.m., Wednesday,  April 15, 2009.   
Those interested in the Mason County position have until April 15 to apply for the position.

Gilmer  County.

WVSBA also is working with the Gilmer County Board in regard to a superintendent search.

That Notice of Position Vacancy will be posted March 30, 2009.

Interested persons have until April 20, 2009, to apply for the position.

Superintendent Ed Toman’s contract was not renewed by vote of the county board earlier in the month.

For information on either posting, please contact WVSBA Executive Director Howard M. O’Cull, Ed.D. His preferred contact information is hocull@wvbsa.org or telephone 304.346.0571.

Ohio County.

The Association recently assisted the Ohio County Board of Education in its superintendent search. 

Veteran OCBOE educator George Krelis was selected for that position by unanimous vote of the Ohio County Board.

Superintendent Larry Miller is retiring on June 30.

 

Resources

“West Virginia GEAR UP” provides students with extra support and help for college

 

More than 13,000 West Virginia students will have extra help preparing for college and career training, thanks to an $18 million federal grant. The money will fund West Virginia GEAR UP, a six-year program aimed at “gaining early awareness and readiness for undergraduate programs.”

Simply put, the program helps students plan, apply and pay for training beyond high school.

“If students in West Virginia are to forge ahead in today’s global economy, we must provide them with the tools they need to succeed in this ever-changing environment,” U.S. Sen. Robert Byrd said. “I am living proof of the power of a first-rate education, and the opportunities for a better future it can provide. GEAR UP enables our students to have the skills and confidence that will pave their way to post-secondary education—which is vital in today’s economy.”

The program stresses the importance of earning a two- or four-year degree after high school, and provides students with resources to help them obtain those degrees. Eleventh and 12th grade students can participate in college tours, college entrance exam workshops and financial aid workshops, and earn $200 or more for college expenses.

“One of the great things about GEAR UP is that it focuses not only on our kids, but also on students’ support networks,” Dr. Adam Green, director for the program, said. “We work with families to show them that degree programs are available and affordable. And it provides extra training for teachers, so they can better serve students in the classroom.”

The class of 2014 will get even more help from West Virginia GEAR UP. The program’s ultimate goal is to build a sustainable education program that can be implemented statewide. This year’s seventh graders will act as a study group, used to determine what services are effective at increasing high school and college graduation rates.

Students in that class will receive GEAR UP services every year from now through their graduation. The West Virginia GEAR UP grant also will fund technology for every grade level the class enters, which will provide additional learning tools for students following the class of 2014.

West Virginia GEAR UP will serve students in Boone, Clay, Lincoln, McDowell, Mingo, Roane, Summers, Webster, Wirt and Wyoming counties from 2008 through 2014. The West Virginia GEAR UP program is housed under the West Virginia Higher Education Policy Commission, the coordinating body for the state’s four-year public colleges and universities. The commission is responsible for developing, establishing and overseeing the implementation of a public policy agenda for the institutions.

 For more information, go online to:  www.wvgearup.org.

 

Briefly

2009 Legislative Calendar

1. √ Opening Day – Jan. 14, 2009: Organizational session to elect officers and open and publish election results (WV Const. Art. VI, §18).
2. √ First Day -- Feb. 11, 2009: First day of session (WV Const. Art. VI, §18).
3. √ 20th Day -- March 2, 2009: Submission of Legislative Rule-Making Review bills due (WV Code. §29A-3-12).
4. √ 41st Day --March 23, 2009: Last day to introduce bills in the Senate and the House (Senate Rule 14)and (House Rule 91a). Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.

47th Day – March 29, 2009: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day – April 1, 2009: Last day to consider bills on third reading in house of origin. Does not include budget or supplementary appropriation bills (Joint Rule 5b).

60th Day – April 11, 2009: Adjournment at midnight (WV Const. Art. VI, §22).

Source: West Virginia Legislature

 

Bill Almanac

The following is a listing of several education and education-related bills having been reported in past issues of The Legislature. Bills are listed by short title, with their status as of March 27, 2009.

Senate Bills:

• Senate Bill 57 – Excluding certain coaching employment from the calculation on the limit on the number of days a Teachers Retirement System retiree may be employed; other provisions; Status: Passed Senate; Referred to House Education.
• Senate Bill 113 - Rescinding student financial assistance due to certain alcohol violations; Status: Adopted by Senate Education, referred to Senate Judiciary. 
• Senate Bill 123 - Creating Nursing Education Forgivable Loan Program; Status: Adopted by Senate Education, referred to Senate Finance.  
• Senate Bill 249 - Providing school calendar flexibility to meet instructional term requirement; Status: Adopted by Senate, referred to House Education then House Finance.
• Senate Bill 257 - Creating nonvoting student member position on county boards of education; Status: Senate Education adopted March 26.
• Senate Bill 258 - Clarifying local fiscal bodies cannot be held liable for certain deficits; Status: Senate Government Organization approved, referred to Senate Finance.
• Senate Bill 265 - Authorizing tax credit for new teachers in critical needs areas; Status: Senate Education adopted; On Second Reading to Senate Finance.
• Senate Bill 273 - Creating incentives to obtain GED; Status: Senate Education adopted; On Second Reading to Senate Finance.
• Senate Bill 304 - Establishing Nurse Faculty Loan Program; Status: Senate Education adopted; referred to Senate Finance. 
• Senate Bill 373 - Relating to PROMISE Scholarship; Status: Senate Education adopted; referred to Senate Finance.
• Senate Bill 485 - Requiring certain students undergo dental examination; Status: Health and Human Resources approved March 20; Referred to Senate Education; Senate Education approved March 26. 
• Senate Bill 498 - Concerning early childhood development; Status: Senate Education approved; second Reading to Senate Finance.
• Senate Bill 536 - Relating to reorganization and consolidation of community and technical colleges; Status: Adopted by Senate Education, referred to Senate Finance.
• Senate Bill 566 - Adding professional student support personnel to the foundation allowance for the Public Employees Insurance Agency for school employees; and requiring the annual contribution established by the Public Employees Insurance Agency Finance Board of any proportionate share of the retirees’ subsidy be added to insurance premiums; Status: Referred to Senate Education, then Senate Pensions, then Senate Finance. (Senate Education has not considered measure.)
• Senate Bill 602 - Establishing teacher dress code; Status: Senate Education considered March 26, 2009.

 House Bills:

• House Bill 2241 - Relating to credit card solicitation on college campuses; Status: House Education adopted; House Judiciary adopted; third Reading Special Calendar.
•  House Bill 2335 – Establishing the federal "Yellow Ribbon G.I. Education Enhancement Program"; Status: Passed House; Referred to Senate Education, then Senate Finance.
• House Bill 2406 - Relating to unlawful expenditures by a local fiscal body; Status: House Pensions and Retirement approved, referred to Senate Judiciary.
• House Bill 2470 - Exempting all schools which include Grades K-12 from paying consumer sales tax on items the school sells; Status:  Passed House, referred to Senate.
• House Bill 2530 – Concerning further definition of professional student support personnel; Status: Passed House March 26, referred to Senate.
• House Bill 2538 - Relating to supplemental funding for the provision of alternative programs for limited English proficient students; Status: Passed House Education and House Finance. First Reading Special Calendar March 27. 
• House Bill 2620 - Increasing the pay grade of cafeteria managers; Status: House Education approved, referred to House Finance.
• House Bill 2639 - Allowing for more teachers to be reimbursed for approved course work; Status: House Education approved, referred to House Finance.
• House Bill 2832 - Relating to critical skills evaluations for students in Grades 3-8; Status:  House Education approved, referred to House Finance.
• House Bill 2836 - Establishing Education Innovation Zones; Status: House adopted, referred to Senate Education then Senate Finance.
• House Bill 2849 - Requiring automatic tire chains as standard equipment on all new school buses; Status: House Education adopted, referred to House Finance.
• House Bill 2904 - Authorizing rules for higher education; Status: House adopted, referred to Senate Education.
• House Bill 2961 - Adding two members to the institutional boards of governors of West Virginia University and Marshall University based upon race, gender and ethnicity; Status: House Education adopted, referred to House Finance. 
• House Bill 2967 - Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after 10 years; other provisions; Status: House Education and House Finance approved; Special Calendar Second Reading March 27.
• House Bill 2985 - Providing information on the West Virginia Schools for the Deaf and Blind to the guardian of a child with a visual or auditory impairment; Status: House adopted, referred to Senate Education, then Senate Finance.
• House Bill 3025 - Raising the county board of education pay to that of the county commissioners. Status: Referred to House Education then House Finance.
• House Bill 3105 - Establishing drug free zones at regularly designated school bus stops; Status: House Education and House Finance approved; Third Reading – House (inactive) Calendar – March 27.
• House Bill 3123 - Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes; Status: House Education adopted, referred to House Finance.
• House Bill 3146 - Detailing seniority rights for school service personnel; Status: House Education approved March 26; Special Calendar – First Reading March 27, 2009.
• House Bill 3208 - Including the hours of training county board members have acquired on school district Report Cards; various other provisions; Status: House Education approved. Third Reading Special Calendar March 27, 2009.
• House Bill 3295 - transferring a onetime sum of $8 million from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Fund; setting $1 million as the amount to be transferred annually from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Fund; Status: House Education approved. House Special Calendar First Reading March 27, 2009.  

Note: For more information, refer to past issues of The Legislature or visit the West Virginia Legislature’s Website: http://www.legis.state.wv.us

 

ETC.

Meanwhile in Indiana...

Cameron Brown and Brett Wescott, sophomores at Purdue University in West Lafayette, Ind., were tired of seeing so many recession-weary people down in the dumps. So they decided to cheer them up. They now stand outside the chemistry building on Wednesday afternoons, holding a sign labeled, “Free Compliments” and addressing passersby with greetings such as “Love your school spirit” and “I like your hustle.” Many campus residents are suspicious – some even think it’s a psychology experiment – but most are delighted. “They are doing a great job of lifting people’s spirits,” said copy center worker Kendra Crace.

Sources: The Week, March 27, 2009, Good Morning America, “The Bob and Tom Show,” among other sources.

 

Wisdom

“Weakness of attitude becomes weakness of character.” – Albert Einstein.

Soundbites

 

“I’ve seen too many cases with the old formula requiring school districts to hire people they shouldn’t have. They didn’t have the discretion they should have had.” – WVSBA attorney Howard Seufer on teacher hiring standards bill

“If this bill were to pass, I think they should also incorporate a position against nepotism, not having any relatives supervising their relatives in employment.” – Berkeley County school board member Pat Murphy on teacher hiring standards bill

“The really bad teachers get weeded out.” – Monroe County Supt. Lyn Guy on the teacher hiring standards bill

“No agency – and certainly no county board of education – has those kinds of resources.” – PEIA Finance Board member Perry Bryant on proposal to charge agencies more for OPEB costs

*

 

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

Richard Snuffer(Raleigh), President

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

Vincit omnia veritas
“Truth conquers all”