June 9, 2008

Education Legislation Passed 2008 Regular Session

HB 2967 – Creating the "West Virginia Remembers Program".  - The objective of the “West Virginia Remembers Program” is to provide a forum wherein children in the public schools may learn about military service, patriotism and courage in the defense of our country from veterans who volunteer to share their experiences in the educational setting. 

The State Board shall promulgate a rule for implementation of the program, including, but not limited to, the following:

  1. The program is not a part of the required curriculum;
  2. Presentation of the program in any classroom is the option of the classroom teacher; and
  3. A process is established for soliciting speakers from veterans groups and identifying available speakers.


HB 3215 – Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College  - This act establishes an independent governing board for each administratively-link CTC, including Marshall CTC, WV State CTC, WVU Tech CTC, WVU at Parkersburg, and Pierpont CTC.  Each governing board must decide whether to rename its institution by July 1, 2009.  If a new name is selected, that name becomes official when the governing board makes a formal vote to change it.

The former sponsoring institution will continue to make essential services available to the CTC under a contract and fee arrangement for a minimum of three years.  Any contract in place on June 30, 2008, remains in place until July 1, 2009 unless parties agree to amend or rescind.

The current administrative head of the CTC becomes the president under an initial two-year contract.  The contract terms for all presidents are made consistent with the terms for the chancellors of the HEPC and Council.  Initial contracts are limited to two years and to no more than five years thereafter.  Presidents are evaluated at the end of the second year of employment and every third year thereafter, and the governing board must make a formal decision on retention and salary.  A president currently serving is not subject to the provisions limiting initial contracts to two years nor to the provision limiting contracts thereafter to five years until his or her current contract term ends, at which point the five-year limitation applies.

The CTC and former sponsoring institution will divide assets and liabilities, and disputes are settled jointly by the Commission and Council.  Other disputes regarding rights and responsibilities of institutions that are not settled by their governing boards are resolved by a three-person panel appointed to hear the issue and render a decision.  Decisions of the panel may not be challenged in state courts.  The act ensures that students who are enrolled in CTCs that become independent will continue to receive financial aid to which they are entitled and that they may not be required to complete additional graduation requirements because of changes in institutional governance.

The CTC Council is authorized to bring its priority list for capital improvements directly to the Governor and the Legislature rather than having it pass through the HEPC. The  CTC Council is required to promulgate legislative rules on financing and benchmarks and indicators by October 1, 2008.

The act restores the guarantee that faculty will receive a 10% salary increase when promoted in rank.  It provides for WVU at Parkersburg to continue to deliver all BA level programs it is currently delivering and strongly encourages it to provide additional baccalaureate programs from WVU or other institutions as needed.  Pierpont CTC is required to obtain independent accreditation within 2 years since it lost it’s independent accreditation status when it became a division of Fairmont State University.  If Pierpont CTC does not achieve independent accreditation by that time, its accreditation affiliation will be moved by the Council from FSU to another institution selected by the Council.  This approach was used with New River CTC and Bluefield State College when NRCTC was seeking independent accreditation.


HB 4023  – Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades.  - The current provisions limiting driving privileges based on school enrollment for persons 15 and less than 18 are modified as follows:  A student must also now:

The student is granted a right to a hearing before the county superintendent or designee concerning whether excusal should be granted due to severe hardship resulting from circumstances beyond the student’s control.


HB 4059  – Relating to medical qualifications for school bus operators.  - A current school bus operator is eligible for continued employment if he or she is issued a passenger endorsement on their CDL through the DMV intrastate waiver program for diabetes.  The waiver program requires a board certified endocrinologist to attest, among other things, that the diabetic condition in not likely to diminish driving ability.  The waiver is valid for operation within West Virginia, only, and must be renewed annually.      

The operator must submit the information required for the waiver to the his or her employer and must remain in compliance.  Health care providers are shielded from liability for compliance. 


HB 4117  – Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification.  - Eligibility for a $2,500 national certification bonus is expanded to include school psychologists and school nurses.  It increases total number of personnel per year who may be reimbursed for certification expenses from 100 to 115, and also increases the number of additional personnel per year who are eligible to receive the bonus from 100 to 115.
 

HB 4124  – Adding CPR and First Aid training to the health education curriculum in secondary schools.  - Education concerning CPR and First Aid is required to be taught in the subject of health education, in any of the grades six through twelve as considered appropriate by the county board.

The state board in consultation with the Department of Health and Human Services will establish the content standards and objectives for the course.

 

HB 4368  – Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students.  - This act requires that once a student has been excluded from the classroom or school bus a second time in a single semester for disruptive behavior, subsequent offenses may be punished by transferring the student to an alternative setting.  The act includes a legislative finding that isolating students or placing them in alternative learning centers may be the best setting for chronically disruptive students.  It also requires county boards to create additional alternative learning centers or expand the capacity for alternative placements subject to available funding. 

Each local school improvement council (LSIC) in the state must review disciplinary measures at the school and examine fairness and consistency of disciplinary actions at the school.  The LSIC annually must have one community meeting to engage the community in discussing effective discipline policies.  If the LSIC believes that student discipline at the school is not administered fairly or consistently, it must notify the county superintendent and provide any supporting documentation.  The act requires that one of the service personnel positions on the LSIC must be a bus operator who transports students at that school.  In order to ensure the bus operator’s participation and prevent the bus route schedule from conflicting with the LSIC meetings, any LSIC meeting to discuss student discipline issues may not be scheduled during the regular work schedule of any school employee member of the LSIC. 

The act establishes legislative findings regarding public schools.  The findings include:

  1. The mission of public schools is to prepare students for equal and responsible citizenship and productive adulthood;
  2. Democratic citizenship and productive adulthood begin with standards of conduct in schools;
  3. Schools should be safe havens for learning with high standards of conduct for students; and
  4. Rights necessarily carry responsibilities. 

In recognition of the findings the act establishes a Bill of Rights and Responsibilities for Students and School Personnel.  This Bill of Rights includes:

  1. The right to attend a school and ride a bus that is safe, orderly, drug free and free from bullying;
  2. The right to learn and work in a school that has:
    • Clear discipline codes with fair and consistently enforced consequences for misbehavior and
    • Alternative educational placements for violent or chronically disruptive students;
  3. The right to be treated with courtesy and respect;
  4. The right to support from school administrators when enforcing discipline policies;
  5. The right to support from parents, the community, public officials and businesses in their efforts to uphold high standards of conduct; and
  6. The responsibility to adhere to the principles in this Bill of Rights and Responsibilities for Students and School Personnel, and to behave in a manner that guarantees that other students and school personnel enjoy the same rights.


HB 4406  – Relating to state board standards for the recommended duration of school bus transportation times for students to and from school.  - The State Board is required to include standards for the recommended duration of one-way school bus transportation in their high quality standards for transportation as follows:

For schools included in a closure, consolidation or new construction project approved after July 1, 2008, the creation of a new route for students in grades Pre-K through 5 which exceeds the elementary limit by more than 15 minutes is prohibited unless the State Board gives them written permission for up to an additional 15 minutes (a maximum duration of 1 hour).

County facility plans submitted to the School Building Authority must address a facility infrastructure which avoids excessive bus transportation time, consistent with sound education policy and budget constraints, and must be updated when projects under consideration by the Authority which include the closure, consolidation or construction of a school.

After July 1, 2008, the Authority may not approve a project that does not comply with the new requirements.


HB 4407  – Requiring automatic tire chains as standard equipment on all new school buses.  -  New buses for transporting public school children that are purchased after 7/1/2009 must be equipped with automatic chains for use on the bus tires during inclement weather when road conditions require their use. – VETOED by Governor

 

HB 4433  – Increasing the maximum amount of a medical student loan that may be cancelled.  - This act increases the maximum annual forgiveness amount on Medical Student Loans from $5,000 to $10,000 to match the annual loan amount.  A graduate’s loan will be forgiven if he or she serves as a doctor in a medically under-served area or in a medical specialty in which there is a shortage of physicians, as determined by the Division of Health at the time the loan was granted.  Forgiveness for each annual loan requires 12 full months of service.

 

HB 4434  – Establishing a higher education energy and water savings revolving loan fund.  - This act creates the Energy and Water Savings Revolving Loan Fund to be used to administer the new Energy and Water Savings Program.  The program will loan moneys to colleges and universities to finance projects that will achieve significant reductions in campus energy and water consumption and costs.  Projects are considered on a competitive basis.  Highest priority given to those guaranteeing the highest reductions in energy and water consumption and costs and the earliest loan repayment.  The HEPC is authorized to use up to 4% of the total amount of loans granted in a fiscal year for administrative costs.

 

HB 4449  – Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements.  - This act extends to the HEPC and the CTCC the authority to enter into lease-purchase agreements for equipment and capital projects.  Under current law, colleges and universities have the authority to enter into such agreements.  Due to budgetary pressures, many institutions have difficulty paying the full purchase price to buy new or replace outdated academic, research and information technology equipment, so equipment purchases are often postponed for many years, which can impact the quality of instruction.  For the same reason, Institutions often defer maintenance on buildings. 

This act will allow the HEPC and CTCC to:

  1. Spread the cost of purchasing equipment and capital improvements over several years;
  2. Reduce financing costs by taking advantage of economies of scale that an individual institution, particularly a smaller institution, can’t achieve on its own;
  3. Get tax-exempt financing with a 3 to 5 year term on a lease-purchase agreement.


HB 4472  – Requiring a board of education to wait ten days before posting a new job opening following the death of an employee.  -  A county board is prohibited from declaring a position vacant and posting a job opening sooner than ten days following the death of an individual employed in that position.    

 

HB 4477  – Relating to payment of GED exam fees.  - This act provides for the State Board of Education to pay the $50 registration fee for eligible individuals taking the GED exam.  Eligibility requirements include:

  1. Successfully completing a GED preparation program and the GED Official Practice Test; and
  2. Registration for the GED exam with a GED testing center that is approved by the State Board.  The State Board pays the fee directly to the GED testing center.
 

HB 4478  – Limiting the mid-year transfer of certain school employees working with students with exceptionalities.  - This act prohibits the mid-year transfer of an aide, paraprofessional or interpreter who is assigned to work with a student who has an IEP that requires one-on-one services.  Generally, these are students who are characterized as severely and profoundly handicapped. 

The act allows the employee to transfer if he or she does not hold valid certification, or if transfer is in the best interest of the student.  The purpose of this change is to minimize the disruption to students who benefit from continuity of service providers.  The act recognizes that there are conditions in addition to those related to autism that can be impacted by having multiple service providers during the school year.

 

HB 4554  – Testing school bus operators every other year.  - This act provides for the competency exam for school bus operators to be administered every other year if the operator has regular employee status and continuing contract status.  The test is administered annually for substitute bus operators and bus operators with regular employee status but on a probationary contract.  – VETOED by Governor


HB 4588  – Relating to public school support.  -  Numerous changes in the school aid formula will be phased-in over a 5-year period.  During this period, state aid will be calculated under both the current provisions and the new provisions for each county and their allocation will be whichever is higher, thus holding them harmless from the changes as their systems adjust.  The following is a summary of the changes.


SB 9  – Mandating hunter safety program in public schools.  -  The State Board must promulgate a rule for the implementation of a hunter safety orientation program in the public schools.  The program may be offered over a two week period as part of physical education classes, as part of the general curriculum or after school. The program may be offered to students in the sixth through twelfth grades.  Student participation is voluntary.  The program may only be offered if an instructor certified by the DNR or has otherwise been properly trained is available. 

 

SB 287 - Establishing West Virginia Research Trust Fund. -  This act is the Senate version of HB 4130, which was passed by the House Education Committee.  It establishes the West Virginia Research Trust Fund (WVRTF) which is used to provide matching moneys to Directed Research Endowment Funds to be established at Marshall University and West Virginia University.  The purpose of the endowment funds is to promote research, scholarship, and economic development in certain science and technology areas of study.

WVU and MU are authorized to create and administer, or to contract with their foundations or research corporations to administer, directed research endowments.  The endowments will receive private donation matches and matching moneys from the WVRTF, and then invest all of the combined moneys.  The act allocates any legislative appropriations to the WVRTF between WVU at 70% and MU at 30%.  The Governor’s proposed FY09 Budget included $50 million for the WVRTF.  WVU and MU may retain and expend the investment earnings, called endowment proceeds, but are not allowed to expend the principal.  Investments must be made subject to the Uniform Prudent Investor Act.

In order to obtain moneys from the WVRTF, an institution is required to obtain qualified donations or qualified pledges at least equal to the amount of moneys requested from the WVRTF.  The act defines qualified donations and qualified pledges as those restricted by the donor for any of the eligible uses.  Eligible uses for endowment proceeds include:

  The following are not considered qualified donations or qualified pledges:

The President of the institution or designee makes the initial determination of whether a donation or pledge meets the criteria to qualify.
 
Each institution may draw down moneys from the WVRTF incrementally in amounts equal to the private donation match.  The minimum required donation or pledge is $50,000 for any one WVRTF distribution request; however, qualified donations and pledges may be bundled to meet this threshold.  The institution submits a request to the HEPC, which will review the request for compliance with the provisions of the act and the HEPC rule required to be developed.  Once the HEPC approves the request, it makes the distribution to the institution equal to the amount of the qualified donations or qualified pledges designated in the institution’s request.

The act provides for a portion of investment earnings and any money not distributed from the WVRTF to MU and WVU to be distributed to the state colleges, subject to those institutions obtaining matching qualified donations.

 



SB 297 - Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund. -  These provisions, which are identical to those reported from the House Education Committee in HB4131, authorize the School Building Authority to issue bonds and pay debt service on bonds with funds distributed from the State Excess Lottery Fund and deposited in the newly created Excess Lottery School Building Debt Service Fund.  $19 million from the State Excess Lottery Fund that is currently being deposited in the School Building Debt Service Fund would be redirected to the new Excess Lottery School Building Debt Service Fund. 

The maximum aggregate face value amount of bonds issued by the authority, currently $400 million, is increased to $500 million, and the bonds issued on or after January 1, 2008, must mature within 20 years of issuance, instead of the current time limit of 10 years from issuance. 

Any remaining balances in the Excess Lottery School Building Debt Service Fund for a fiscal year may be used to redeem or purchase outstanding bonds or be transferred to the School Construction Fund to be used by the School Building Authority to finance school construction or improvement projects on a cash basis.

The definition of “construction project” is amended to mean a project with a cost greater than $1 million, instead of the current value of $500,000.  Likewise, the definition of a school major improvement project is amended to mean a project with a cost greater than $1 million, instead of the current value of $500,000.



SB 459  – Authorizing rules of School Building Authority and Higher Education Policy Commission.  - This act clarifies the rulemaking authority of the School Building Authority (SBA) and authorizes seven rules of the SBA that were approved by LOCEA for passage by the Legislature.  The rules were promulgated pursuant to the requirement in SB 67 – Relating to school access safety generally (2007 RS) – that the SBA file all its existing rules as legislative rules.  The rules include:

The act also authorizes the Providing Real Opportunities for Maximizing In-state Student Excellence (PROMISE) rule of the HEPC that was approved by LOCEA for passage by the Legislature. The rule does not provide for making the PROMISE Scholarship program a forgivable loan program.



SB 564  – Relating to higher education tuition and fee waivers.  - This act clarifies that the surviving spouse of a deceased veteran can receive a tuition waiver regardless of his or her age.  Current law limits this right to spouses between the ages of 16 and 25, which is also the age limit for children.

It provides for tuition waivers granted by the institutions to be calculated on the basis of the total dollar value of all waivers rather than by head count.  Current law allows institutions to waive tuition and fees not to exceed 5% of the number of full-time equivalent students at the institution during the previous year.  Currently, a partial waiver or total waiver of tuition and/or fees counts the same toward the total. The proposed language gives the institutions more flexibility in the total number of waivers that can be granted and standardizes this calculation among the institutions.

Each institution is authorized to grant tuition waivers to its employees, and their spouses and dependents, without these waivers being counted against the 5% cap.  This authority is exercised at the discretion of each governing board.  It also removes from the calculation of the 5% cap all tuition waivers mandated by statute so these will not diminish the number of discretionary waivers institutions may grant.

A community and technical college (CTC) is authorized to increase tuition beyond the 4.75% statutory annual limit if its tuition rates are below the state average among CTC’s.

The act includes the provisions of SB 156, which grants tuition waivers if classroom space is available to children and spouses of National Guard and active duty military personnel who are killed in the line of duty.



SB 573 - Increasing public school teachers' and service personnel annual salaries. -  The state minimum salaries of teachers are increased by $1,600 across the board.  Service personnel would receive an increase of $70 per month across the board.  The salary increment rate for principals and assistant principals is increased by 1%.



SB 593  – Clarifying library funding obligation from local share.  -  Provisions similar to those reported by the House Education Committee in HB4163 clarify that library funding obligations on school levies created by special Acts are due and payable from the amount by which the levy exceeds local share, defined as discretionary retainage.  If an obligation is transferred to an excess levy, it remains an obligation of the regular levy until the fiscal year the excess levy becomes effective, or if not passed, would have been effective.

In addition, if a county board chooses to transfer the library funding obligation to its excess levy, the obligation must be a specifically described line item of the excess levy and the library funding obligation also must be made a part of any subsequent excess levy.



SB 595  – Establishing education goals and objectives for 2020.  - Public education provisions:  The statutory goals for public education first enacted in 1990 are replaced with goals, strategies, objectives and indicators for 21st Century learning which are to be to be included in a plan developed by the state board and submitted to the Process for Improving Education Council.  The Council is composed of the members of LOCEA, the Governor or designee, the Chancellors for the Higher Education Policy Commission and Council for Community and Technical College Education or designees and the State Superintendent.  The plan is to include only the following goals and at least the following objectives:


Higher education provisions:
The act describes legislative intent including:

The act focuses on broad goals for public higher education. The goals include:

The act lists 8 areas of particular concern to the Legislature and outlines the state vision for higher education to address the areas of concern, and establishes objectives and expected outcomes to be achieved.  The areas of concern include:

 

SB 606  – Requiring hiring preference for summer school program positions.  -  Professional educators who are regularly employed on a full-time basis will have a hiring preference for summer school programs over all others including substitute and part-time professional educators. – VETOED by Governor

 

SB 682  – Creating Community and Technical College Capital Improvement Fund.  - This act creates a special revenue account in the State Treasury to be known as the Community and Technical College Capital Improvement Fund and specifies that amounts are to be transferred to the Fund from the State Lottery to pay principal and interest on revenue bonds and refunding bonds issued or to be issued, on or after April 1, 2008.  The maximum amount which may be allocated monthly is $500,000 and the maximum annual allocation may not exceed the lessor of the principle and interest requirements certified to the lottery director or $5,000,000.

The act also specifies that these payments are the 3rd priority from net profits of the lottery following the SBA bonds and Education, Arts, Science and Technology bonds.  The CTC bonds become the 2nd priority when the Education, Arts, Science and Technology bonds are paid.

(SB 682 was not referred to the House education committee, but a summary is included since the bill regards higher education.)

 

Legislation Reported by the House Education Committee
That Did Not Pass


HB 2202 – Relating to granting campus police officers law enforcement powers at private institutions of higher education in this state.  - Final Status: House Judiciary


HB 3045 – Creating a new pay grade classification of "bus operator II". - Final Status: House Finance

 

H. B. 4062  –  Relating to certification of professional educators. - Final Status: Tabled, 2nd Reading, House Special Calendar

 

H. B. 4125  –  Relating to faculty senate funds for classroom teachers and librarians. - Final Status: Senate Finance

 

H. B. 4130  –  Establishing the West Virginia Research Trust Fund. - Final Status: House Finance.  These provisions passed in SB287.

 

H. B. 4131  –  Authorizing the School Building Authority to issue certain revenue bonds from proceeds of the State Excess Lottery Fund.  - Final Status: House Finance.  These provisions passed in SB297.

 

H. B. 4148  –  Relating to investment options in minor settlements proceedings. - Final Status: Senate Judiciary

 

H. B. 4163  –  Clarifying that if a county board of education moved the library funding obligation of a "special act library" from the regular tax levy to the excess levy, the library funding obligation under the special act would cease. - Final Status: House Finance.  Similar provisions passed in SB593.

 

H. B. 4313  –  Waving tuition and fees for members of the WV State Police. - Final Status: House Finance

 

H. B. 4341  –  Relating to payment of National Board for Professional Teaching Standards salary bonus. - Final Status: Senate Finance

 

S. B. 165  – Relating to school employees' donated personal leave days. - Final Status: House Finance

 

HCR 99  –  Requesting the Joint Committee on Government and Finance to make a study on a funding mechanism to increase the salaries of teachers and school service personnel.  - Final Status: Senate Education

 

HCR 101  Requesting the Joint Committee on Government and Finance to make a study on the condition, role and function of county boards of education. - Final Status: Senate.

Source: West Virginia House of Delegates Education Committee / Dave Mohr, Analyst