NEWS

Former critic, now ‘champion’ of public schools to provide keynote address at fall conference
Accomplished presenter Jamie Vollmer takes the podium Sept. 23

"Nobody in America has the right to criticize public education unless he or she has spent a warm Friday afternoon locked in a room with eighth graders. It's time to stand up and halt the erosion of public trust and build support for America's public schools!" – Jamie Vollmer.

Jamie Vollmer is the keynote speaker for the West Virginia School Boards Association’s Conference ’06, set for Sept. 22-23 at the Charleston Marriott Town Center.

Vollmer’s presentation is slated for 8:45 a.m. on Saturday, Sept. 23.

WVSBA Vice President Kim Cooper (Raleigh) said the group is fortunate to have Vollmer as the lead presenter. “He is excellent in his consistent and wise approach to public education and its successes despite diversity and demands from several quarters, including the federal government,” Cooper said.

Vollmer, who last presented to WVSBA members in 2004, is a consummate friend of public education and an inspiring presenter, said WVSBA Executive Director Howard M. O’Cull, Ed.D. Vollmer is an attorney and former president of the Great Midwestern Ice Cream Company, proclaimed by People Magazine to make the "Best Ice Cream in America."

Vollmer joined the nationally recognized Iowa Business and Education Roundtable in 1988, and became its director in 1990. Once a harsh critic, he is now an articulate champion of America's public schools, according to his Web site. He acknowledges the need for meaningful change, but insists that public education must be broadly and aggressively supported if America is to remain great.

Vollmer has delivered more than 3,700 speeches, using statistics, logic and humor to “deliver a positive message regarding the future of our schools. He is a powerful ally in the struggle to create schools that give all students the opportunity to unfold their full potential,” according to the Web site.

Vollmer is author of the videos, “Why Our Schools Need to Change,” “Building Support for America's Schools,” and “Praise for America's Teachers.”

He has a bachelor of arts degree from Pennsylvania State University and a law degree from Catholic University in Washington.

“We are pleased to have someone of Vollmer’s talent and expertise,” O’Cull said. “It will be more than a motivational event. His presentation will be a learning experience for our school board members and superintendents.”

WVSBA will provide more information about the conference in early August.

Vollmer’s Web site address is http://www.jamievollmer.com

75 new board members complete required Orientation
‘Takeover county’ program idea proposed for fall conference

Seventy-five new county board members, 71 veteran school board members and several county superintendents attended the West Virginia School Boards Association’s Orientation ’06 June 14-16 at Stonewall Jackson Resort near Weston, W.Va.

Members-elect, who are required to attend Orientation before assuming office, participated in sessions about the basics of school board service, including parliamentary procedure, school law, school finance, boardsmanship and policy. They also joined in a small-group discussion that focused on board governance and group problem-solving.

Participants received information about the state’s Open Governmental Proceedings Act (Open Meetings Law) and attended a session on board-superintendent relations. The new members networked among peers, veteran school board members and county superintendents.

WVSBA Vice President Kim Cooper (Raleigh) said the Orientation was a success, and praised the newly elected members for their “participation and commitment to the school board endeavor.”

Based on participant evaluations of the Orientation program, the WVSBA fall conference will include another small-group discussion led by veteran members. Conference planners are working on a proposed program for takeover counties, which would be conducted by association counsel Howard E. Seufer Jr., Esq., Bowles Rice McDavid Graff & Love. 

That program would be open to county board members and superintendents from takeover counties. A limited number of other participants would be able to attend on a first-come, first-served basis.

WVSBA Vice President Kim Cooper (Raleigh) said the Orientation was a success, and praised the newly elected members for their “participation and commitment to the school board endeavor.”

Cooper urged new members to attend the WVSBA fall meeting. “We have great presenters lined up, including Jamie Vollmer, as well as top-notch programming. The association’s proposal relating to a program for takeover counties should be well-received,” he added.

Due to an immediate family member’s medical emergency, one newly elected member was unable to attend Orientation. WVSBA provided him a videotape of each session and supporting materials.

Another member-elect has chosen not to be seated after his successful election.

For more information about the fall conference, see related vollmer article.

County board members have been required to participate in Orientation programs since 1992.

Based on WVSBA records, 77 people were newly elected to school board posts in the 2006 county board elections held in conjunction with the state’s Primary Election.

The WVSBA/West Virginia Board of Education County School Board Member Training Standards Review Committee (TSRC) must approve all association training initiatives, including Orientation and fall and winter conference programming.

For more information about WVSBA training initiatives and programs, please contact the WVSBA staff at info@wvsba.org. 

 

Some Lawmakers consider more local control over tax revenue
Eastern Panhandle delegation wants to see more of its own revenue

By Jim Wallace

Some lawmakers are indicating they would like to decentralize much of West Virginia’s spending on schools.

Dr. Tom Witt of WVU’s Bureau of Business and Economic Research said the current School Aid Formula is outdated, because it is based on needs rather than performance. He also criticized it for being unnecessarily complicated, having little rationale for most steps and having little relationship between how funds are spent and how they are allocated.

That sentiment seems strongest among members from the Eastern Panhandle delegation, based on comments they made during a June 12 legislative interim meeting of Education Subcommittee C on the School Aid Formula. The population has been growing in parts of the panhandle faster than school officials can cope with it.

“Why don’t we look at a model that is truly local flexibility instead of having bloated bureaucracy at the state level?” asked Sen. John Unger, D-Berkeley.

That and other comments came after a report from Dr. Calvin Kent of Marshall University’s Center for Business and Economic Research and Dr. Tom Witt of West Virginia University’s Bureau of Business and Economic Research on what’s wrong with the School Aid Formula and what might be done to fix it.

Witt said the current formula is outdated, because it is based on needs rather than performance. He also criticized it for being unnecessarily complicated, having little rationale for most steps and having little relationship between how funds are spent and how they are allocated.

Further problems with the current formula, Witt said, are that it does not reflect current enrollment patterns, fails to anticipate profound implications of long-term population changes, does not properly reflect population density, encourages poor assessment practices, perversely allocates state funds and provides little local flexibility.

Witt said there is no way to determine if money received by school systems is being spent for the purposes for which it was allocated under the formula or if the funding achieves the desired objectives. The evaluations that are conducted are not linked to funding, he said.

Other states permit more funding flexibility at the local level, but West Virginia has allowed school systems to keep just 2 percent of property tax money from their counties. The other 98 percent goes into the School Aid Formula. Senate Bill 570, which the state Senate passed in March, would loosen the purse strings a little by raising over a few years the portion of revenue county school systems can keep to 5 percent. That measure died in the House of Delegates.

“We assess at the local level but spend on an equity basis.” -- Delegate Walter Duke, R-Berkeley

Unger called that “just peanuts” and suggested it should go up to a 50-50 split.

“We’re just playing around the margins,” he said. “Local communities are asking to keep some of the money they are generating.”

Delegate Larry Williams, D-Preston, said he also would like to “look at truly local control.”

Delegate Walter Duke, R-Berkeley, said, “We assess at the local level but spend on an equity basis.” He would like to consider a “five-year look-back” that would give back to growth counties some of the increases in tax revenue they have generated.

Kent said Senate Bill 570 was “a step forward but not the solution.” Senate Education Chairman Bob Plymale, D-Wayne, agreed that the bill was meant to be “just a starting point not an ending point.” Witt said he and Kent would develop models to determine what the consequences would be if the formula were changed. 

“I would like to see what it would look like to let local communities keep more money. Local boards are accountable to the people they represent. The time to change is in November when the special session is called.” – Sen. John Unger, D-Berkeley

Witt and Kent noted that they are also involved in Gov. Manchin’s Tax Modernization Project, which likely will affect the way the state raises revenue and distributes it for schools. Witt said they would have more to say about that after the governor’s daylong tax summit with a wide range of interested parties at the Charleston Civic Center on July 6.

Unger said lawmakers would have a good opportunity to change the school funding system in the fall at a special session on tax reform that Manchin is planning to call.

“I would like to see what it would look like to let local communities keep more money,” he said. “Local boards are accountable to the people they represent. The time to change is in November when the special session is called.”

Kent cautioned lawmakers to be careful in localizing tax revenue, because some low-growth counties might not have enough to sustain their enrollment. Witt added, “It’s easy to get into short-term fixes that have long-term consequences.”
           
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.

Lawmakers favor arbitration in grievance reform
Legislative subcommittee reviewing process, binding arbitration

By Jim Wallace

Lawmakers have put off consideration of a proposed bill to revise the grievance system for teachers and other public employees, but a few already have indicated they would like to do something different, such as introducing binding arbitration.

Earl Maxwell, director of the West Virginia Education and State Employees Grievance Board, presented members of Government Organization Subcommittee C on June 12 with a draft bill to streamline the grievance procedure.

Sen. Russ Weeks, R-Raleigh, and Sen. Ed Bowman, D-Hancock, have expressed interest in using binding arbitration. Bowman favors employees sharing costs of arbitration.

In May, he told the subcommittee his proposal would reduce the levels in the process from four to three, combine the separate processes for education and state employees, change the name of his agency to the West Virginia Employment Dispute Resolution Board and eliminate the option of appealing board rulings to circuit court, except for constitutional issues. His plan also would emphasize mediation but not arbitration.

“Mediation has been very successful,” Maxwell said, adding that 77 grievance cases were settled through mediation last year.

Delegate Dale Martin, D-Putnam and co-chairman of the subcommittee, said state code would have to be changed for arbitration to be used in public employees’ grievance cases. But Sen. Ed Bowman, D-Hancock and the other co-chairman, said he would like to make such a change.

“I’m an advocate of really looking at binding arbitration,” he said. “It would be less costly to the state.”

As Bowman sees it, the employees would have to share some costs of binding arbitration, so labor would be more careful about pursuing cases. He also would eliminate or reduce the right of some managerial employees to file grievances.

Sen. Russ Weeks, R-Raleigh, also expressed an interest in using arbitration.

A grievance system reform bill died in the regular legislative session in March on a procedural vote in the Senate, even though 24 of the 34 senators supported it. That bill called for binding arbitration as an option for the parties to avoid going to court. The costs of the arbitration would be borne one-third by the employee and two-thirds by the employing agency. In addition, hearing examiners would be replaced by administrative law judges.

The West Virginia Association of School Administrators and the West Virginia School Boards Association are concerned that binding arbitration would be inappropriate for disputes involving teachers because of the complexities of school law.

Labor leaders supported that bill, but Martha Dean, executive director of the West Virginia Association of School Administrators, said that binding arbitration would be inappropriate for dealing with disputes involving teachers. She said such arbitration is typically used to resolve disputes between two parties to a contract, but West Virginia school law, which defines employees’ rights and school boards’ powers, is not a simple contract. So the arbitration process should not be used to resolve such disputes, she said.

The West Virginia School Boards Association expressed similar concerns, as well as concerns about arbitrators’ lack of knowledge about the state’s school law, their potential ability to order the expenditure of public funds and possible increased costs to both employees and school boards.

Also during the June interim meeting, lawmakers discussed eliminating the lowest level of the grievance process.

“What’s alleged is that the person in management at Level 1 has no authority to grant what’s sought, so all of them get appealed,” Bowman said. “It’s a wasted step.”

Maxwell called that “a fair issue.”

“Issues that can be decided by an immediate supervisor don’t need a grievance procedure,” he said.

Delegate Randy Swartzmiller, D-Hancock, said, “It sounds like Level 1 and maybe Level 2 just waste time.”

Maxwell replied, “I agree that’s a problem everyone has recognized.”

In a response to questions raised during an interim meeting in May, he told them the numbers of grievance cases appealed to circuit court during the past few fiscal years were: 91 in 2003, 83 in 2004, 57 in 2005 and 52 in the first 11 months of 2006. The grievance board is not a party to any appeal, so the numbers are based on requests from circuit courts for certified records from the board.

Maxwell and lawmakers have expressed interest in reducing appeals to circuit court, because that is where cases become most expensive.

“What’s alleged is that the person in management at Level 1 has no authority to grant what’s sought, so all of them get appealed. It’s a wasted step.” – Sen. Ed Bowman, D-Hancock, and co-chairman of Government Organization Subcommittee C.

Although a legislative attorney and Maxwell were prepared to go through the proposed bill to reform the grievance process, the subcommittee ran out of time at the June 12 meeting, and Bowman told them to hold off on it. In addition, Bowman said Gov. Manchin plans to put together a working group to examine the grievance process in July.

Maxwell welcomed the establishment of the working group and said it might help polish the proposed bill before the committee deals with it.

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

Editor’s Note: Association Executive Director Howard M. O’Cull, Ed.D., attended the July 13 meeting of a panel – working group – convened by Gov. Joe Manchin to discuss changes in the state’s grievance procedure. O’Cull responded to several questions from  members of the group. 

 Leaders at Tax Summit urge change and caution
West Virginia on the right track, but faces significant challenges

By Jim Wallace

The next several months will be challenging for top officials in the Manchin administration as they attempt to set up the first major reform of West Virginia’s tax system in more than 20 years.

Very few members of West Virginia’s part-time Legislature have a strong background in tax policy. “Only by getting as much data as possible is there any hope of the Legislature getting to correct decisions.” – House Speaker Bob Kiss, D-Raleigh

That’s not just because they received a wide range of proposals from about 200 participants in the Tax Summit at the Charleston Civic Center on July 6. As House Speaker Bob Kiss warned in the opening session of the summit, it’s also because making the wrong changes could be costly for the state for many years to come.

That’s a danger he understands well, because Kiss was a freshman legislator in 1989, when the Legislature had to pass almost $400 million in tax increases to make up for the mistakes made in 1985, when lawmakers eliminated the inheritance tax and the state business-and-occupation tax. They also created new types of tax breaks, such as the Super Tax Credit, which did not work out as well as had been hoped.

“The Legislature did not leave flexibility to make sure the reforms worked,” Kiss said. When the state missed its revenue estimates by $100 million to $200 million, it quickly got into trouble, he said.

“One of the biggest problems was the state had several billions of dollars of debt and was doing nothing about it,” Kiss said. He described the state currently as “on the fringe of working ourselves out of that” as it nears the day when it will level out the payments on its unfunded pension liabilities.

West Virginia has a part-time Legislature and very few members have a strong background in tax policy, Kiss warned.

“Only by getting as much data as possible is there any hope of the Legislature getting to correct decisions,” he said.

Gov. Joe Manchin, who is expected to call lawmakers into a special session for tax reform in November, said he wants to look at everything in considering better ways to structure West Virginia’s tax system.

“I don’t like what we have,” he said. “I know we can have better.”

Manchin compared West Virginia to Virginia. Both were once the same state with the same tax system. But since they split during the Civil War, Virginia became a strong, prosperous state while West Virginia veered off in another direction. Manchin has asked his tax policy advisors to figure out what went wrong and how to set West Virginia on the right track.

“Show me what’s worked and what hasn’t worked,” he said.

This is a good time to consider comprehensive tax reform, Manchin said, because “our finances are in the best shape they have ever been in.” But he added, “We have seen good times before, and we’ve let them slip away.”

When Cecil Underwood was governor several years ago, he made a similar argument that it was best to reform the tax system during good times than to wait for a crisis to occur. However, he was unable to persuade the Legislature to implement the recommendations of his Governor’s Commission on Fair Taxation. The chairman of that commission, Rob Capehart, who was tax secretary during the Underwood administration, attended part of Manchin’s Tax Summit.
           
Manchin has indicated that he would like to reduce certain taxes, including the business franchise tax and the corporate income tax, which are higher than comparable taxes in neighboring states. He already has gotten lawmakers to lower the sales tax on food from 6 percent to 5 percent and has set a goal of eliminating all of it over the next few years.

But the governor told Tax Summit participants he wouldn’t make such tax cuts without offsetting them with new revenue or budget cuts. As he put it, “We’re not going to write checks you can’t cash.”

West Virginia’s tax constraints tougher than most states

However, a presentation by state Budget Director Roger Smith and Director of Fiscal Policy Mark Muchow revealed the difficulties the state faces in structuring its tax system:

• Tax capacity – Low per capita economic output and limited real property tax greatly constrain the ability to fund government services.
• Demand – Demand for government services is higher than average due to demographics, economic conditions and taxes.
• Centralization – Most services are financed at the state level.
• Direct Taxation-Individuals – Direct tax burden on individuals associated with combined personal income tax, sales tax and property tax is significantly below average for most income groups.
• Indirect Taxation-Individuals – Indirect tax burden on individuals associated with various taxes imposed upon business activity is significantly above average.
• Unfunded Liabilities – Stretched finances contribute to unfunded liabilities, an uncompetitive tax structure and a weaker economy.

In addition, West Virginia is 47th in per capita income, 50th in retail sales per household, 47th in average home price, 50th in employment as a percentage of population and 50th in population under 18. The state also has the highest median age of about 40.

Largely because state government controls the use of the regular education levy, the state takes a much bigger share of taxes than other states do. In West Virginia, 82 percent of tax revenue goes to the state and only 18 percent goes to local government. The average for states across the nation is for 58 percent of revenue to go to state government and 42 percent to go to local government.

A series of charts comparing state corporate tax burdens showed that a hypothetical manufacturer with gross receipts of $80 million, a hypothetical non-manufacturer with gross receipts of $10 million and another hypothetical corporate taxpayer with no net income would all pay more in taxes in West Virginia than in any neighboring state. The only exception would be for a manufacturer that qualifies for the manufacturing investment tax credit, which would put that company’s tax burden lower than it would face in neighboring states.

“In the long term, that issue [low education levels] has to be addressed for us to be competitive.” – Dr. Cal Kent of the Center for Business & Economic Research at Marshall University

West Virginia also charges more than neighboring states in industrial property taxes.

However, the average direct tax on a family with income of $39,000 totals $3,052 in West Virginia, which includes $1,708 in income tax, $738 in real property tax and $606 in sales tax. That’s lower than in any of the neighboring states. The average direct tax is 60 percent higher in Maryland, 55 percent higher in Pennsylvania, 41 percent higher in Ohio, 31 percent higher in Kentucky and 26 percent higher in Virginia. The U.S. average is 46 percent higher.

Dr. Cal Kent of the Center for Business & Economic Research at Marshall University and Dr. Tom Witt of the Bureau of Business & Economic Research at West Virginia University built on that information by presenting an economic outlook for West Virginia and outlining the standards of a good tax system.

In addition to the highest median age, West Virginia’s population is stable and not projected to grow, it has the lowest percentage of population under five years old, the population is aging in place and it has the lowest human capital per person because of low educational attainment levels. Of the low education levels, Kent said, “In the long term, that issue has to be addressed for us to be competitive.”

West Virginia’s economic growth is expected to be positive but below the national growth rate. As per capita income continues to grow, the gap between West Virginia’s level and the national level is narrowing. Regionally, north central West Virginia and the Eastern Panhandle will continue to grow, while rural isolated counties will continue their slow decline.

What makes a good tax system

The standards of a good tax system include:

• Efficiency – It encourages economic growth and job creation and is competitive with other states.
• Equity/Fairness – It is fair based on the ability to pay in current income (personal income tax), wealth (property and estate taxes) and consumption (sales tax). It is fair based on benefits received including general benefits from government (all taxes, particularly business taxes) and specific benefits, which let those who benefit pay for the provision (such as the gasoline tax). It also has neutrality, meaning taxes should interfere as little as possible with market decisions and taxes that distort economic outcomes are avoided.
• Revenue Adequacy – It produces a yield that is significantly in excess of collection costs. It produces a yield that is sufficient to meet the demands of government. And it produces a yield that is stable and increases with the growth of the economy.
• Simplicity/Accountability – It is easy for the taxpayer to know on what he or she is paying, how to calculate the amount to be paid, when it is to be paid and to whom it is to be paid. It has ease of administration. And it is transparent, meaning the public has sufficient knowledge to evaluate the system.

Public must become involved in reform

Harley Duncan, executive director of the Federation of Tax Administrators, told participants that there are two main drivers of tax reform around the nation. The driver in some states, including West Virginia, is the existence of persistent structural deficits. In other states, the driver is school finance reform, usually under court orders.

The single biggest type of change states have been undertaking is the reform of business taxes, usually to improve stability and even-handedness, Duncan said. For example, Ohio has started to phase out its corporate franchise and net income taxes while phasing in a gross receipts tax.

Duncan warned that the reform process is important and must get the public involved. He said a failure to involve the public doomed a tax reform effort by the governor of Alabama.

“Our finances are in the best shape they have ever been in. We have seen good times before, and we’ve let them slip away.” – Gov. Joe Manchin

With that background, the participants broke up into 14 small groups to develop lists of suggested tax reform. Those mentioned the most included: cutting or eliminating the business franchise tax, reducing the tax on corporate income and increasing the income tax exemption for the working poor. People who make as little as $10,000 must pay income tax. That is one of the lowest thresholds in the nation.

Manchin told participants that he would like a tax system that makes West Virginia a good partner for business. He suggested that building on recent reforms in workers’ compensation and the civil justice system, tax reform could remove further impediments to attracting more business to the state.

We are the envy of the rest of the world,” Manchin said in reference to the quality of life in West Virginia. “They just don’t know it yet.”

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.

Report on June interim meetings of education committees
June Education Subcommittee A (Public Education) Meeting

By Hank Hager

During the June interim meetings, Education Subcommittee A (Public Education) discussed public school dress codes and school uniforms. First, Dave Mohr, House of Delegates senior policy analyst, discussed Senate Concurrent Resolution No. 6, which calls for the study of public school dress codes and uniforms.

Next, Mohr discussed a handout on school uniforms. This discussion included the perceived advantages of student dress codes and the reasons often cited for opposition to dress codes and uniform policies. Additionally, Mohr discussed the legal issues surrounding dress codes and school uniform policies.

That discussion focused on case law and state statutes. Mohr also discussed policy suggestions from literature attached to the handout. Lastly, he discussed the status of public school dress codes and uniforms in West Virginia.

As is normal procedure, the subcommittee did not enter into any extensive discussions about making recommendations relating to dress codes and school uniforms. Traditionally, extensive discussions about the potential recommendations of the subcommittee are postponed until later in the year when recommendations relating to all topics considered by the Subcommittee are developed.

June Legislative Oversight Commission on Education Accountability (LOCEA)

There were no public education topics on the agenda for the first June LOCEA meeting, however, the superintendent’s report was on the agenda of the second June LOCEA meeting.

While updating the commission on the Department of Education’s activities, State Superintendent Steve Paine discussed the 21st Century Learning Initiative; the e-learning professional development program; the need for increasing the number of teachers with National Board for Professional Teaching Standards Certification; the Senate Bill 127 study of Regional Educational Service Agencies (RESAs; the Office of Education Performance Audits (OEPA) task force; and a high-needs task force to look at minority children, special education children and low-income children.

Paine and Assistant Superintendent Stan Hopkins discussed the Enhanced High Schools That Work Design and Project Lead the Way. Twelve schools were chosen to participate in the Enhanced High Schools That Work Design, a school improvement initiative based on creating an environment that motivates students to succeed.

Six schools were chosen to participate in Project Lead the Way, a national organization with the goal of increasing the number, quality and diversity of engineers.

Paine and Assistant Superintendent Jorea Marple discussed “Technology for 21st Century Learners: West Virginia’s Comprehensive Report of Findings and Recommendations.” Marple talked about the background of the report, and pointed out that there were 91 recommendations.

The recommendations included: (1) Providing a computer for each teacher in the school system; (2) providing one computer for every three students in grades 9-12; (3) providing one computer for every five students in grades Pre-k-8; and (4) placing a technology integration specialist in every school.

Paine also presented a video that summarized the recommendations of the technology task force.

Hager is Senate Education Committee counsel.

 

Suspended RESA director finds no relief before judge

By Audrey Stanton
The Register-Herald

Down but not out, the suspended director of RESA 1 said she will continue her battle to clear her name and be compensated for lost wages.

Carol Morgan appeared [June 14] before Kanawha County Circuit Judge Jennifer Bailey Walker, asking the court to direct the state Board of Education to take back her suspension and pay damages. Instead, Walker granted a motion from the board to dismiss the case, and she remanded the case to the state employees' grievance board.

The board voted May 1 to suspend Morgan for 90 days without pay for failure to properly oversee finances of RESA 1, the Beckley-based educational agency that has been in the spotlight over the past several months following allegations that former finance manager and executive secretary Deborah Calhoun Mitchell embezzled more than $1 million.

Last month in U.S. District Court, Mitchell, 58, pleaded guilty to embezzlement and to filing a false income tax return. She faces a maximum 13 years in prison and a $500,000 fine in addition to special court fees and $1.3 million restitution when she is sentenced Sept. 5.

Mitchell's plea hearing came only weeks after Morgan alleged the state board held her responsible for duties not outlined in her job description and violated her rights, in that on March 23, it voted to suspend her without properly expressing in its agenda that it planned to discuss disciplinary action against anyone and went into executive session without giving her the option of a public meeting — something that violates state law.

The board announced it hadn't followed proper meeting procedure and rescinded that suspension decision two weeks later.

Walker called the March 23 meeting a moot point for the purposes of Friday's hearing because the board re-did the meeting properly May 1 and Morgan's pay was not affected until her suspension then. Walker dismissed without prejudice Morgan's concerns regarding open meeting violations, meaning those could be addressed at a later date.

But Morgan and her attorney, Erwin Conrad, had other complaints.

They said the board never met to authorize its decision to rescind the March 23 decision and that Morgan was never provided with formal written notice of her suspension, something they believe is necessary in order to file a grievance. Conrad also said Morgan was never provided the form necessary to begin grievance proceedings.

Kelli Talbott of the attorney general's office argued the board had provided Morgan and Conrad with minutes and transcripts from the May 1 meeting, which Morgan and her attorney attended.

"I believe that's notice," she said.

She also said the board would provide them with a grievance form and that the board would be willing to waive the grievance case directly to an administrative law judge, skipping over some of the steps required of most state employees with grievances. The grievance board can reinstate and award back wages.

Walker refused to order the board to issue a formal letter, saying the minutes of the meeting provided to Morgan reflected the board's official action. The judge also stressed that this part of the case does not yet belong in circuit court because proper grievance channels for state employees have not been followed.

"There needs to be an exhaustion of these administrative issues," Walker said.
 
Though she found no relief in circuit court, Morgan said she would be "happy" to have her case heard by an administrative law judge. She said she was not only concerned about clearing her name but about the impact of her suspension on her retirement, which is based on the average of her last five years' income.

"When I lost two months' pay, it affected my retirement," she said.

Morgan, who was employed as the result of an annual contract, said she had hope for the outcome of her grievance because the judge touched on the issue of her employment status, specifically as to whether she should be treated as an "at will" employee. That issue, she said, could weigh in her favor before an administrative judge.

During the hearing, Talbott had referred to Morgan as an "at will" employee, who, as such, "can be terminated or disciplined for any reason."

"She actually got more due process than she was required to have," Talbott said. " ... There's no case law that says just because you work annually that you are not an at will employee."

The state may have called it generosity, but Conrad told the court such generosity was actually nothing more than "do-overs and back filling" for mistakes the board made in following its own procedural standards.

Morgan has announced her retirement effective July 1, regardless of the outcome of her case.

Reprinted with permission of the Beckley Register-Herald, online at www.register-herald.com. Originally published June 17, 2006. The author may be reached by e-mail at bnaudrey@register-herald.com.

State Board working to improve student wellness
Cutting sugary sodas from vending machines one of many steps

From the West Virginia Department of Education

About 60 percent of teens skip breakfast across the country at least three times a week, often hoping to get a little more sleep or falsely believing it’s a great way to lose weight.

Studies show children with poor nutrition score lower on vocabulary, reading, math and general knowledge tests. Breakfast consumption improves alertness and mood, word recall, memory and lessens anxiety and irritability.
At Parkersburg South High School, more and more students are getting the message that eating breakfast helps them think clearer and solve problems more easily in class.
This year, the school added a hallway breakfast cart loaded with food-on-the-go offerings, including fruit juices, breakfast burritos, bagels and whole-wheat donuts. Nothing costs more than 85 cents.

“I tell the kids that they have to have breakfast because when they’re sleeping, their metabolism shuts down and won’t kick in until they eat something,” said Sue Childers, a physical education teacher and health proponent. “A lot of my girls say they want to lose weight. I tell them if they’re skipping breakfast, they’re wasting time that they could have been burning calories.”

Counties urged to adopt local wellness policies
The health project is one of many across West Virginia that embraces the efforts of the state Board of Education to improve the health and wellness of West Virginia’s youth. The board in April issued a position statement, placing a priority on good health and reducing childhood obesity in West Virginia.

The board also recommended guidelines for counties to use in developing their own wellness policies. The guidelines address nutrition, physical activity and health education.

All school districts that receive federal funds for their meal programs must adopt local wellness policies that address nutrition and physical fitness by this fall. Such policies also must include nutrition information for all foods available at school each day.

“County boards of education can make a positive impact on promoting healthy lifestyles among students and staff through proactive local wellness policies,” the board said. “Educators should be advocates for promoting healthy lifestyle choices that are proven to have a positive influence on student achievement and preparation for becoming a productive citizen of the 21st century.”  

West Virginia schools must address childhood obesity
Children who eat breakfast and lunch at school consume twice as many servings of fruits, vegetables and milk than those who don’t participate in school programs. They also drink one-fourth the number of soft drinks and skip fewer meals.

All school districts that receive federal funds for their meal programs must adopt local wellness policies that address nutrition and physical fitness by this fall. Such policies also must include nutrition information for all foods available at school each day.
“Today’s children are the first generation that is not expected to outlive their parents because of the prevalence of heart disease and diabetes. School systems have to take responsibility for the health and wellness of our children.”  -- Debbie Schrader, Marshall County’s child nutrition director

That’s especially important in a state like West Virginia, where one in three children born today will likely develop diabetes by the time they grow up. The state is consistently among the top three states for obesity with about a third of its residents considered obese and more considered overweight, according to the state Bureau of Public Health.

Extra weight can lead to arthritis, some cancers, diabetes, high blood pressure and other health problems.   

“It’s important for students and parents to understand how serious the lifelong complications of obesity can be,” said Sheila Hamilton, chairwoman of the West Virginia Board of Education’s Wellness Committee. “We’re looking out not only for the health and wellness of students but their future employment potential. In today’s global world, employers want healthy employees to control costs and they can go elsewhere to get them. Being obese can hinder students in getting the job they want.”
Schools are critical to addressing childhood obesity because much of the food students eat each day as well as their physical activity happens at school.

“The state board wants to encourage schools to go as far as they can to get kids to eat healthy and exercise,” said board member Barbara Fish. “We absolutely have to push them to go for the maximum not the minimum requirements. Schools can really make a key difference in student health and wellness.”

State board hopes its policies encourage healthy lifestyles
The West Virginia Board of Education is in the forefront in promoting student health across the country. The state had already adopted a policy that restricted vending machine access in schools even before major soft drink makers recently agreed to offer healthier beverage choices in schools nationwide by 2009.

In a deal with the American Heart Association and the William J. Clinton Foundation, soda manufacturers agreed to offer only healthy or low-calorie and pull non-diet sodas from school vending machines accessible to 35 million children across the United States.

By adopting such policies, the state school board hopes to increase the likelihood that students will consume healthy foods and up their physical activity each day. 

Washington Lands Elementary in Marshall County has agreed to become a model school this fall by adopting a comprehensive program that incorporates health and wellness in every subject, said Debbie Schrader, the county’s child nutrition director. Plays and musical programs will have health and wellness themes, essay contests will promote exercise and nutrition, while math classes will use fruits and vegetables to teach counting.

“We’re calling it ‘Wildcat Wellness,’ after the school’s mascot,” Schrader said. ‘Bulletin boards in every classroom will have something about wellness or physical fitness.”

The county also is focusing on classroom parties. They’ve banned homemade goods in an effort to control junk food brought to school. Instead, school officials encourage parents to send granola bars and other healthy snacks. They also have eliminated vending machines from their elementary schools and donuts from staff meetings.

“We have a long way to go but we’re trying to take baby steps,” Schrader said. “We’re trying to act as role models. Today’s children are the first generation that is not expected to outlive their parents because of the prevalence of heart disease and diabetes. School systems have to take responsibility for the health and wellness of our children.”

WVSBA Briefs

• Our staff is finalizing the 2006 WVSBA Membership Directory. County board members soon will receive directory information forms. Members may opt not to be included in the directory. The directory is not distributed to partisan political organizations, vendors (including architectural firms) or related entities. A limited number of copies are provided to state officials, such as those in the state superintendent of schools’ offices.
  
  
• We have received Membership Subscription Fees (MSFs) from 36 county boards. MSFs are due by July 31 for county boards to avoid a late fee.

• At its June 17 meeting, the WVSBA Executive Board extended the contract for WVSBA Executive Director Howard M. O’Cull, Ed.D., for two years, ending June 30, 2008. The board also set O’Cull’s salary at $68,500 per year for the life of the contract, which is renewable upon mutual consent of the parties. You may request a copy of O’Cull’s contract and related information from the WVSBA office. As part of the motion determining the executive director’s contract, his compensation may be reduced as an “exigency” if association finances were, in the board’s determination, to warrant such.

• WVSBA executive officers  - Vice President Kim Cooper (Raleigh), Financial Officer Sally Cann (Harrison), Secretary-Treasurer O’Cull and Immediate Past President Dr. Rodney Thompson (Wayne) – will meet July 22 in Charleston to discuss filling several association officer positions. The vacancies are the result of the May county board elections. WVSBA counsel Howard E. Seufer Jr. will guide the discussions. Once the procedures are developed, the Executive Committee will communicate this information to members. Several people have expressed interest in serving on the executive board. Vacancies include executive officer and regional director/associate director positions.

• WVSBA’s Committee on Legislation (Committee of 55) will meet in conjunction with the organization’s fall conference. County boards should elect COL members by Aug. 30. For more information about the COL, please contact the WVSBA office.

• WVSBA staff are requesting member input to develop a new self-evaluation procedure for county boards. The current procedure has been used for the past three years. If you would like to serve on this committee, which also will include external constituencies, contact the association office. Any evaluative instrument developed must be approved by the state school board, as required by statute. County board self-evaluations have been required since 2003. WVSBA also is seeking to work with the state West Virginia Association of School Administrators to review the existing county superintendent evaluation process and form.

• County board members and county superintendents who wish to be considered for membership on the WVSBA/West Virginia Board of Education County Board Member Training Standards Review Committee (TSRC) need to notify WVSBA Executive Director Howard O’Cull. The WVBE approves final appointments to the committee in regard to state board members. WVSBA member representatives are selected by the organization’s executive board. The TSRC approves the content of association training sessions and programming on behalf of the WVBE. The committee meets quarterly or more often as necessary. O’Cull may be reached by e-mail at hocull@wvsba.org.

State Board of Education member Bob Dunlevy (Ohio) is the board’s WVSBA representative. He was a member of the Ohio County Board before Gov. Joe Manchin appointed him to the state board post in January.  WVBE member Ron Spencer (Doddridge) is the TSRC chairman.

Resources

EDGE allows students to earn a degree, graduate early
State program hopes to ease transition for first-generation college students

From the West Virginia Department of Education

Eighteen-year-old Katie Hickman was on track to be the high school graduate state leaders worry about most. She had no plans to attend college or other training after high school and likely would have found getting a job difficult.

That all changed during her junior year at Roane County High School in Spencer. A teacher at the Roane-Jackson Technical Center encouraged her to enroll in EDGE classes - short for Earn a Degree, Graduate Early. The program, backed by the West Virginia Department of Education, the West Virginia Council for Community and Technical College Education and the West Virginia Higher Education Policy Commission, allows high school students to earn free college credit while still enrolled in high school. Students can study health, human services, business, engineering and technical majors, among others.

Hickman graduated from high school this year with 12 college credits and is well on her way to an associate's degree in business. She has plans to attend West Virginia University at Parkersburg's Ripley campus this fall.

"No student should graduate high school without some college credit. They all have numerous opportunities and it's free. It is an unbelievable bargain." – Stan Hopkins, assistant state superintendent of the Division of Technical and Adult Education

"I didn't really want to go to college because I thought it would be way different and the classes would be really hard," Hickman said. "But with EDGE classes and the college credit I got, it made me realize, 'Hey, I can do this.'"

The program aims to make the transition from high school to college seamless by eliminating duplication among courses and getting more B-level and C-level students to continue their education beyond high school. Participation in the program has grown from a few dozen students in 2003-2004 to about 40,000 this school year.

Most students can shave about a year off an associate's degree and save up to $3,000 off their college educations. And some students even can earn free associate's degrees at the same time they receive their high school diplomas. Students must earn a "C" for a high school course and pass an end-of-course exam to get college credit. The college credit earned while in high school can then be transferred to any of the state's community colleges and some four-year institutions as electives.

Program targets ‘middle majority’ high-schoolers
"Our hope is that some students will go on to college that never thought about it before," said Stan Hopkins, assistant state superintendent of the Division of Technical and Adult Education. "We must target the middle majority at the high school level that most likely is not going to go on to a four-year, baccalaureate program but could be very successful at a community college."

Unlike Hickman, Nikki Prince of Crum knew she would have to continue her education beyond high school to achieve her goal of becoming an ultrasound specialist. She embraced the opportunity to earn 12 hours of college credit toward an associate's degree in radiology before she begins additional training in ultrasound. The 2006 graduate of Tolsia High School in Wayne County plans to enter Marshall University's Community College this fall.

"The EDGE classes will help me earn my degree earlier," Prince said. "It's a great program."

EDGE is one of a growing number of alternative routes young people are taking to earn a college degree. In addition to EDGE, many career and technical centers have agreements that allow their students to earn college credit at specific institutions. Students also take Advanced Placement, online and dual-credit courses or enroll in local colleges.

And at schools like the new Lincoln County High School set to open this fall in Hamlin, students need only walk down the hall to take college classes at a branch of Southern West Virginia Community and Technical College. 

"No student should graduate high school without some college credit," Hopkins said. "They all have numerous opportunities and it's free. It is an unbelievable bargain."

Post-high-school education a must in 21st century
The push to get students like Hickman to continue their education beyond high school has gained more importance in the 21st century where even car mechanics must be certified to get most jobs. Students must be able to read the technical manuals and figure out what to do. The employee who is valued most in the 21st century is the problem-solver.

West Virginia is among only a few southern states that require students who complete a vocational or technical course with a state or national assessment to take the accompanying certification test to increase employment opportunities.

"We lose so many first-generation students that first year because they don't become acclimated to higher education and we believe this program will make a difference."  -- Kathy D'Antoni, EDGE program coordinator

With hopes of getting even more high school students to go to college, the West Virginia Department of Education and the state Council for Community and Technical College Education are teaming up to begin a college transition program this fall.

They plan to start with 20 small groups of about 20 high school sophomores each and hand-walk them into community college. They plan to target students like Hickman who thought college wasn't in their future. Most will have grade point averages in the 2.3 to 2.75 range. The Legislature earmarked $1 million over three years for the project.

"We want to help that first-generation college student," said Kathy D'Antoni, who coordinates EDGE and the transition program for the state. "We lose so many first-generation students that first year because they don't become acclimated to higher education and we believe this program will make a difference."

The West Virginia Board of Education also is hoping to bolster high school education in West Virginia by improving attendance and increasing standards. The board formed the High Schools for West Virginia's Future Task Force to lead the effort. Reforms likely will be adopted later this year.

"The West Virginia Board of Education wants to improve the academic achievement of all students so they can be better prepared for post-secondary education," said Priscilla Haden, secretary for the state board. "It's vital to their future success."

For more information, contact Allison Barker in the Department of Education’s Office of Communications, at adbarker@access.k12.wv.us

Commentary

Will West Virginia’s urge to merge affect local school systems?

From the Hur Herald

The urge to merge and consolidate counties and community government is now a greater possibility, following legislation passed this year by the West Virginia Legislature. Government consolidation is constitutionally linked to local school systems, and what would happen when counties are dissolved or merged needs legal clarification.

On the heels of Fairmont and Marion County looking at government consolidation, Sen. Brooks McCabe, D-Kanawha, the state's consolidation guru, says he would like to see Kanawha, Cabell and Putnam consolidated by 2010. Like the dynamic movement that is changing the nation's economy, McCabe says he would like to "globalize West Virginia," eliminate multiple county governments, which also means eliminating local school boards.

Most at risk are rural counties, or the de-constructing of community control over government and education. Bigger is better and more efficient we're told, with little evidence to prove it.

Advantage Valley wants local chambers of commerce, businesses and governments to work together to help West Virginia become a more powerful economic force by the 2010 census.

Finding Bogeymen?

Mark Dempsey, AEP vice-president and director of Advantage Valley, says, "If there are any bogeymen in this bill [consolidation], I can’t find them. It doesn’t make anybody do anything they don’t want to do."

No bogeymen?

Sounds like the West Virginia Department of Education spinning that school consolidation is "strictly a local issue decided by a local school board," when in fact school boards have been held hostage by the powerful School Building Authority to consolidate.

Former gubernatorial candidate Lloyd Jackson, one of the architects of school consolidation, when asked about his position on consolidation, would only say, "It's a local issue."

Communities have become outraged, school boards taken over, and court cases filed to overrule public will. There are blocks that make government consolidation difficult, but it is a foot-in-the-door proposition.

McCabe said, "We need to look good in the national census," or he could have said, it's good to merge low-census counties into larger-census counties.

"We don’t set the bar high enough [in West Virginia],” he said. "It [consolidation] will empower us. . . . It’s about changing our self-image," or bigger is better.

"Metro government would be the ultimate in regional cooperation," Dempsey concluded.

Used with permission of the Hur Herald, online at www.hurherald.com. Originally published July 3, 2006.

School district consolidation not an immediate threat
Be vigilant in protection of local control, given state politics and legislative history

By Howard M. O'Cull

Does the “state,” meaning the West Virginia Legislature, plan to consolidate county school districts? Many Challenge West Virginia members are asking just that.

The short answer is no, at least in terms of an immediate rush to combine county school boards through legislative directive.

The concept, however, is not that foreign to West Virginia, which by most accounts has one of the most centralized educational systems in the country, as evidenced by state-leaning educational policy the courts seem to support.

To their credit, legislators are studying the School Aid Formula and some discussions are promising.

This centralization spawned creation of the School Building Authority of West Virginia and even the creation of the Office of Educational Performance Audits, an agency established in 1998 to settle the long-running Pauley v. Bailey school finance case in bias toward school “outputs” rather than “inputs.”

The practical effect of this legislation means school boards, despite disparities in taxing capacity, are expected to have outputs (educational achievement attainment) comparable to other districts – even if faced with declining student enrollments that also affect curricular offerings, staffing and the like.

The West Virginia Department of Education also enjoys considerable power and authority under aegis of the state superintendent of schools, a constitutional officer in West Virginia. Of course, there’s also the state school board.

Again, the power and authority of these agencies compared with local school boards is seemingly monolithic and, as stated, often endorsed by the courts. Whether one thinks the courts are unfair to local parties does not matter because the courts literally apply existing laws – certainly case law - and decrees based on these entities’ large constitutional sanction and muster, especially that of the state school board.

RESA debacle gives state more reasonreason to exert control
Adding to this mix, the state educational system includes eight Regional Educational Service Agencies (RESAs). Critics charge that these agencies often appear in search of overall mission and purpose. RESAs, established in 1972, provide an array of regionalized services to county boards and do achieve some efficiency, namely through reliance on regionalized approaches to providing an array of high-cost, low-incidence services in areas such as special education.

Because of embezzlement at RESA I, RESAs again are under scrutiny. The West Virginia Department of Education, in fact, has convened a committee to “study” RESA effectiveness, including the agencies’ governing structure (county board and superintendent representatives from the region in which the RESA is located). Since 2002, notions of RESA governance have been somewhat murky in that RESA executive directors “report” to the State Board, as outlined in statute. Not surprisingly then one notes that the State Board argues in the RESA I “case” that RESA executive directors serve as “will and pleasure” employees. The State Grievance Board – more  likely the courts - will determine the degree to which this doctrine applies. (Refer to RESA I article.)

This murkiness, especially in terms of who “owns” RESAs, occurred largely because the WVBE was never able to fully “get their arms” around the agencies to provide proper monitoring, oversight and direction. This series of events may have delighted WVDE officials – many of whom felt RESAs should reside under the state Department of Education, reporting directly to the state superintendent of schools rather than the State Board.

Several Challenge West Virginia members have contacted me about whether I believe RESAs will replace county boards or will be used to consolidate county school boards. I think not.

In my best judgment, county boards face greater loss of viability from statutory constraints, including the SAF, than from notions to consolidate or eliminate boards.

What may occur is that RESAs actually will be placed under the WVDE (and state superintendent of schools), at least as to their methods and actions. This move likely will result in RESAs being more attuned to WVDE aims and objectives rather than freely floating along with their own agendas and approaches to programs and services as determined by local officials, albeit operating at the “regional level.”

A major question is whether RESAs could take the place of county boards. The answer is yes. A constellation of factors, however, would have to emerge for that to occur, namely legislative sanction.

While anyone can be a prognosticator, the likely outcome of yet another RESA study will be greater state oversight of these agencies, likely coupled with tighter reins on their spending and accounting and more programmatic direction in terms of outputs.
Neither of these actions would, by themselves, lead to consolidation of school boards.

Why? There is little will in the Legislature for such. Indeed, county board consolidation has been discussed since at least the mid-1980s. In fact, the notion was seriously entertained by the late Kanawha County Senator Buffy Warner. When Warner was able to maneuver the Senate Education Committee into a focused discussion regarding what would be necessary for county board consolidation to occur, he was told it would take a constitutional amendment.

Anyone who reads the state Constitution knows this is untrue because county school district boundaries are subject to legislative directive.

While some scholars argue county board boundaries could be changed by the Legislature, other constitutional scholars point to a 1986 constitutional amendment which memorializes the notion that no more than two county board members can “serve” from the same magisterial district. I am not a legal scholar but I know of no inter-county magisterial districts. (This argument may not have standing, however, in that the Legislature could create just such districts – even contiguous with RESA ‘boundaries.’ And, one must be aware that some House of Delegates districts include more than one county, with safeguards that a specific county have representation such as Summers County in the 27th Delegate District which also encompasses Raleigh County.)

This brings me to a central point: While sheer consolidation of school districts could or can occur, this approach is not likely to prevail. There are several reasons, chiefly legislators would reap the wrath of the public which supports county government even if the set-up is inefficient or questionable, namely along these lines: Do we need a Wirt County when Wirt County could easily “combine” with Wood County? The answer: We need a Wirt County because West Virginia, despite its centralization, is a state  characterized, peppered and flavored by its individual counties.

This notion is perpetrated in various ways. Consider the former Budget Digest for instance. Many legislative projects, even if dubious, have been used to supplement ailing counties with nary a thought of consolidation which arguably could led to better services and less inequity. Indeed, the result of these actions has been to promote greater inefficiency among counties – inefficiency which shared county services may have alleviated. Why are legislators willing to forego such an approach? The answer is simple: As Tip O’Neill said “all politics is local.” Local politics in West Virginia is county-driven despite top-heavy legislative directives especially in terms of public education.
 
Additionally, one may buffer this response by examining how badly a 1989 amendment, actually aimed at curtailing the autonomy of the state School Board, failed. Partly buoyed by some state officials whose offices would have become appointive, the WVBE may have slipped by. Indeed, if such a referendum were held today, confined to the state Board per se, most observers would predict its passage.

Lastly, we move to the discussion of whether or not “metro-government” notions bid badly for county boards, especially given the emerging thought of such in terms of Fairmont and Marion County. The answer, again in the short term, is no. County boards are, in no way, specifically mentioned as a “target” of metro-government. Indeed, when metro government legislation was being discussed – prior to any bill being drafted – school systems per se were not included as part of the focus.

Despite the immediate unlikelihood of county boards being consolidated, those individuals who support local government should be alert to several considerations, the central being that county boards actually were borne out of a “compromise” between those lawmakers who, in 1933, made significant changes to the state Constitution during the heyday of the Great Depression.

West Virginia historians Ambler and Summers, writing shortly after the establishment of the county unit system, note that the state’s 55 school districts essentially  emerged as a “compromise” between those legislators who wanted a state system of schools and legislators who preferred more local control as seen in some locales, including neighboring states, which afford school boards greater autonomy from the state.

Thus, given the state’s penchant for Charleston-directed policymaking despite significant deference to county vagaries; given the “heritage” of county boards as illustrated by Ambler and Summers; given the nature of West Virginia’s bent toward centralized education control in terms of the state Constitution, especially as buffered by strong legislative control over public schools and some would argue compliant courts, isn’t the next “step” consolidation of school districts much as the state has seen consolidation of schools?

No, at least for now. The reason: Legislators derive too much power and autonomy from counties as counties per se, including the contiguous school boards, to consolidate school districts.

What may occur, however, is the consolidation of county board services. Is this a step toward county board consolidation? Possibly. Yet, proponents, including me, argue the approach may be all that “saves” some counties in that the state School Aid Formula – actually the engine that has driven school consolidation – appropriates funds based on student enrollment. As enrollment declines (or continues to decline), school boards receive less funds from the state, a series of events often culminating in school closures, downsizing of the school workforce and the like.

The only approach the Legislature, given this set of circumstances, can take is to a) “prop” up smaller counties by inflating the number of students so these counties, given the artificiality, can draw more SAF dollars then they would or should or b) require county boards to share some services likely through a RESA or other model.

As the Legislature contemplates these approaches – the former now is law – county boards could be in jeopardy of losing identity while gaining more services. Loss of identity can lead to a greater ease in nudging or evoking more centralized school services and, one could argue, eventually consolidation of school boards.

For the moment, let me take a different approach: County boards are most vibrant when they can and do provide the best (thorough and efficient) education system to their students. Sadly, some county boards, due to loss of student populations, may not be able to complete this mission – at least efficiently and, thus, effectively.

Those interested in preserving local control should express their concern to legislators. You, as an organization that has fought to preserve local schools, can and should take the lead here. We support any such efforts.

However, the greatest danger to county board longevity is not regionalization but constraining laws, rules and regulations which force counties into boxes not of their making – either to satisfy the aims of funders (legislators) or the will of constitutional bodies such as the WVBE or, for your purposes, the SBA. This approach has become routine in West Virginia largely because of the aegis of state-controlled funding laws which allow little funding “possibilities” at the local level, especially compared to most states.

Citizens who are truly interested in preserving local school boards will work diligently to change the state School Aid Formula which I believe indirectly has contributed to so many school closures.

Legislators, to their credit, are studying the SAF. Some of the discussions have been promising. In fact, under terms of a law contemplated this year, county boards would have been able to retain more of their local tax share. There’s even legislative talk of even providing county boards more leeway in terms of fiscal flexibility.

Given emergence of an on-going SAF study, the current RESA study and legislative review of school funding – not to mention a special legislative session for “taxes” contemplated for November – citizens should weigh in on these issues. One means of advocacy would be to contact WVBE members with your thoughts on regionalized services or RESAs. State Board members are not monolithic in their approach to these agencies, including them possibly being tied to the state superintendent of schools. Also, persons interested in preserving local control should express concerns to legislators. When my association enters into this conversation we rightly are accused of bias. You, as an organization having fought to preserve local schools, can and should take a lead here. Indeed, we support any such efforts. Since the mid-1980s WVSBA has taken positions opposing consolidation of school districts.

It’s easy to over-read any situation. In my best judgment, county boards face greater loss of viability from statutory and judicial constraints, including the SAF, then from notions to consolidate or eliminate boards at least through legislative fiat.

All those who support local governance, however, must be vigilant, especially in terms of encroachment including that in the name of efficiency. I learned a valuable lesson about that very point this session when I, on behalf of my association, touted a bill to establish sharing of administrative services between and among county boards.

The measure failed. Why? A legislator, admittedly several years my senior, wanted to know why we were promoting greater regionalization of services. Could he, given years of wisdom and experience, be privy to lessons already “learned” in the name of efficiencies? 

Indeed, let us be vigilant for county boards and local control of schools. 

O’Cull is  executive director of the West Virginia School Boards Association, a post he has held since 1985.

Editor’s note: An abbreviated version of this column ran in the July 1 edition of the Hur Herald, online at http://www.hurherald.com as well as The Challenge, newsletter of Challenge West Virginia online at http://www.challengewv.org/

 

Last Word - Early childhood

From the Charleston Gazette

Imagine a government program that helped new parents rear the sort of children that everyone wants - healthy, inquisitive and motivated.

There actually are West Virginia operations that help children reach their potential. They do so by sending helpful, supportive home visitors to parents' homes. They keep an eye out for developmental delays or signs of abuse, but their real goal is to answer parents' questions, to teach them what to expect of a child at various stages and to give them the benefit of experience and a sympathetic ear.

Small grant-funded projects have been shown to help families here and there all over the country, including in several West Virginia communities. Several groups are asking the Legislature to set aside money to offer the service on a broader scale. It is a good idea.

Parents as Teachers, Maternal and Infant Health Outreach Workers and Healthy Families America independently developed an approach that makes a difference in the well-being of families and their smallest children - the home visit. Whether the visitor is nurse, social worker or specially trained fellow parent, the programs have similar effects:

A West Virginia program showed that families who participated before their babies were born were less likely to have underweight babies. Underweight births can mean health problems, developmental problems and higher health and education costs.

An Arizona program showed that participating families were much more likely to get timely vaccinations for children.

Families who receive regular visits from parent educators have healthier children, are less likely to become neglectful, require fewer visits from Child Protective Services and send to school children who are ready to learn. One estimate suggests that as much as 40 percent of child maltreatment might be prevented if more families had a chance to choose a helpful home visitor.

A 40 percent drop in child abuse would save the state $225 million a year in medical costs, social services and adult corrections.

These groups are asking the Legislature for $2 million to maintain existing programs now serving 900 families in 16 counties, and to support development of new programs, to reach even more families. As Dr. Joan Phillips points out (in an opinion article in the same issue of the Gazette), these home visitors can help parents tackle small problems before they turn into big ones.

The state can remove children after families have become neglectful or abusive. But by then, the damage is done. And the state cannot parent. The state can spend millions on care and treatment for children whose families cannot keep them, but at that point, it's an uphill battle against school failure, early pregnancy, joblessness, drug abuse, welfare dependence and even crime. West Virginians collectively have every incentive to preserve as many healthy families as possible.

We can think of no smarter investment in the health and education of future West Virginians, and therefore in the state's productivity and success.

Reprinted with permission of The Charleston Gazette, online at www.wvgazette.com. This editorial originally appeared June 13, 2006.

ETC.

Meanwhile near Washington . . .

Even though Daniel Thornton occasionally needed to go to the bathroom during his Advanced Placement history course last year, he also needed a “B” on the midterm to maintain his grade. So he did what lots of students at Forest Park Senior High School in Woodbridge, Va., do in their Darwinian pursuit of academic success: Thornton endured a full bladder and instead hoarded his two restroom passes, which, unused, were worth six points of extra credit.

It was enough to bump the 18-year-old's midterm grade from a “C+” to a “B,” reports Ian Shapira. Bladder control, especially in an era of 90-minute classes, is a vital skill in many Washington-area high schools, where administrators often limit access to restrooms during class to reduce interruptions and quash potential mischief in areas without adult supervision.

Restrooms, of course, have been a choice milieu for school scofflaws since the advent of indoor plumbing. Teachers have whipped up creative ways to minimize restroom visits during class. Some schools have an extra-credit incentive program, which is not universally embraced among parents or within academic circles.

Although advocates say the passes -- which can be used for numerous destinations -- maximize classroom time, critics say it is unfair to give anyone an academic advantage based on something as unacademic as bathroom habits.

From Public Education Network Weekly NewsBlast, June 9, 2006

Soundbites

“We’re just playing around the margins. Local communities are asking to keep some of the [school tax dollars] they are generating.” – Sen. John Unger, D-Berkeley, in remarks during a recent interim legislative committee meeting regarding the state School Aid Formula.

“Mediation has been very successful .…” – Earl Maxwell, executive director of the state Education and State Employees’ Grievance Board. Maxwell’s remarks were made to an interim legislative subcommittee that is studying the state’s grievance procedure for school and public employees.

“I’m an advocate of really looking at binding arbitration …. It would be less costly to the state….” – Sen. Ed Bowman, D-Hancock, co-chairman of an interim committee examining the state grievance procedure.

“We are the envy of the rest of the world; they just don’t know it yet.” – Gov. Joe Manchin in discussing tax reform.

Wisdom

“One of the sources of pride in being a human being is the ability to bear present frustrations in the interests of longer purposes.” – Sociologist Helen Merrell Lynd.

 

 

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 County), Vice President
kcooper@magnumcoal.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)

There are 3 vacancies.

Vincit omnia veritas
“Truth conquers all”