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Legislative Update

Wrap-up of 2023 legislative session

The 2023 legislative session ended just before midnight on Saturday, March 11. Thank you to those who took the time to reach out to your legislators. You made a difference this session. In this final Legislative Update, you will find the bills that completed legislation and the bills that did not pass legislation.

Ten education-related bills passed both the House and the Senate. These bills have already been signed by Governor Justice and will become effective on the dates listed.

  1. Concealed weapon on college campus bill (SB 10) – The bill allows those licensed individuals to carry a concealed deadly weapon on campus at a state institution of higher education. This bill was signed by the governor on March 1 and is effective from the date of passage.
  2. Public employees and state teachers’ retirement bill (SB 237) – The bill would provide a one-time $1,500 bonus to those retirees age 70 or older making less than $1,000 per month with 20 years of service. The bill would also set a $1,000 minimum monthly amount for individuals age 70 or older with 25 years of service making less than $1,000. This bill was signed by the governor on March 13 and goes into effect on July 1, 2023.
  3. PEIA bill (SB 268) – The bill revises PEIA including coverage changes for employee spouses. The biggest changes proposed include spouses who are eligible for their own employer’s health care plan will have to pay an additional fee if they choose to remain on PEIA and an estimated 25% premium increases for all PEIA participants to meet the 80/20 split. This bill was signed by the governor on March 17 and is effective from the date of passage.
  4. State fire marshals bill (SB 275) – The bill adds state fire marshals to the statute that included law enforcement and first responders for receiving information on school safety requirements. This bill was approved by the governor and goes into effect on May 18, 2023.
  5. Educators and state police pay increase bill (SB 423) – The bill gives a $2,300 across the board pay increase for education employees and state police. This bill was approved by the governor and goes into effect on July 1, 2023.
  6. Income tax bill (HB 2526) – The bill gives a 21.25% state income tax reduction and applies the rates retroactively to January 1, 2023. It also gives the amount paid on your car tax back to you in a tax credit. The bill gives a 50% corporate income tax reduction for small business machinery and inventory. It also gives veterans tax credits. This bill was signed by the governor on March 7 and is effective from the date of passage.
  7. Nonresident student transfer bill (HB 2596) – The bill allows superintendents to deny a transfer if the student committed a Level Three or Four violation. This bill was approved by the governor and goes into effect on May 23, 2023.
  8. Teacher’s aides’ classification bill (HB 2602) – The bill returns Aide V (special education) and Aide VI (behavior disorder) back to the statute, which were inadvertently deleted in a prior legislative session. This bill was signed by the governor February 22 and is effective from the date of passage.
  9. Vocational math class bill (HB 3055) – The bill creates a transitional math class for high school students interested in careers in the trades. This bill was approved by the governor and goes into effect on May 23, 2023.
  10. Student suicide prevention bill (HB 3218) – The bill will require suicide prevention resources to be printed on student identification card for students in grades 6-12 in public schools that issue student identification cards. It also requires suicide prevention resources to be printed on student identification cards for students in a public or private institution of higher education that issues student identification cards. This bill was signed by the governor on March 15 and goes into effect on May 30, 2023.

Many education-related bills have completed the legislative process and as of March 17 have yet to make it to the governor’s desk. Now that the session is over, the governor will have 15 days after receipt of the bill to either sign, veto or or let bills become law without his signature. Those bills are listed below.

  1. School closing impact statement bill (SB 51) – The bill shall give the impact statement substantial weight when deciding on any proposal to close or consolidate a school. Areas to be addressed are student transportation time, the financial health of the county, the enrollment of the school(s), the school personnel employed, and the community. This bill completed legislation on March 7.
  2. Consolidation of school districts bill (SB 99) – The bill relates to the county Board of Education meetings to explore the feasibility of consolidating or sharing services in school districts. This bill completed legislation on March 8.
  3. Student Journalist Press Freedom Act bill (SB 121) – The bill provides a framework and parameters for free expression for student journalists in public high schools, colleges, and universities. This bill completed legislation on March 11.
  4. Felony offense bill (SB 187) – The bill makes it a felony offense for a school employee or volunteer to engage in sexual contact with students. This bill completed legislation on March 11.
  5. Publishing curriculum online bill (SB 422) – The bill requires public schools to publish curriculum online at the beginning of each new school year. This bill completed legislation on March 11.
  6. Grievance procedure bill (SB 461) – The bill relates to the West Virginia public employee’s grievance procedure and requires a party that loses at every level to possibly be responsible for the costs of the prevailing party. This bill completed legislation on March 11.
  7. CPR funding bill (SB 469) – The bill provides funding for CPR instruction to high school students. This bill completed legislation on March 10.
  8. Jumpstart Savings Program bill (SB 478) – The bill expands the occupations and programs that are eligible for the Jumpstart Savings Program. This bill completed legislation on March 10.
  9. Insulin cost cap bill (SB 577) – The bill reduces the copay cap on insulin, adds coverage for devices, and allows the purchase of testing equipment without a prescription. It caps the cost of insulin at $35 per month. This bill completed legislation on March 11.
  10. Hiring retired teachers bill (SB 688) – The bill allows boards of education to hire retired teachers as independent contractors to assist with tutoring. This bill completed legislation on March 8.
  11. Dual enrollment pilot program bill (HB 2005) – The bill establishes a dual enrollment pilot program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education. This bill completed legislation on March 10.
  12. Bus operator shortage bill (HB 2346) – The bill declares a shortage of qualified bus operators and allows retired bus drivers to accept employment. It allows for retired bus operators to drive more than 140 days in shortage areas. This bill completed legislation on March 9.
  13. Professional personnel evaluations bill (HB 2597) – The bill amends performance evaluations of professional personnel. It states that an explanation and data in support of any measure or criterion must be provided for the employee rated less than accomplished. This bill completed legislation on March 3.
  14. Student passengers bill (HB 2607) – The bill clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students, provided that no more than 10 students may be transported at one time. This bill completed legislation on March 2.
  15. Hope Scholarship sports bill (HB 2820) – The bill provides Hope Scholarship recipients with the ability to play sports at the public secondary school serving the attendance zone in which the student lives if the sport is not available through their learning program. This bill completed legislation on March 11.
  16. Student discipline bill (HB 2890) – The bill modifies the student discipline. It excludes elementary students and allows a student to be removed from a bus under certain instances. This bill completed legislation on March 11.
  17. Literacy, numeracy and additional support bill (HB 3035) – The bill creates a multi-tiered system of support intervention for grade level literacy and numeracy by the end of the third grade. Interventions to include providing additional classroom aides or teaching assistants in grades 1-3. This bill completed legislation on March 11.
  18. Personal finance course bill (HB 3113) – The bill requires each high school student to complete a one half credit course of study in personal finance as a requirement for high school graduation. This bill completed legislation on March 3.
  19. Special needs audio recordings bill (HB 3271) – The bill relates to increasing monitoring of special education classrooms. It would allow audio recordings in the restroom of a self-contained classroom. Parents can opt their student out of being recorded. This bill completed legislation on March 9.
  20. School Safety Unit bill (HB 3369) – The bill creates a School Safety Unit within the Division of Protective Services. This bill completed legislation on March 9.
  21. Personal leave days bill (HB 3547) – The bill increases the number of personal leave days from four to five that a county Board of Education employee may use. This bill completed legislation on March 3.

Other significant bills that failed to pass both legislative branches include:

  1. School aid formula bill (SB 41) – The bill addresses the school aid formula and raises the funding threshold to 1,200 students for counties and ensures counties who fall below this threshold will not be penalized and will receive funding for 1,200 students. 
  2. State superintendent’s interpretations bill (SB 74) – The bill will require county Boards of Education, county superintendents, employees of county Boards of Education, and the West Virginia Public Employees’ Grievance Board to give substantial deference to the state superintendent’s interpretations of school law or State Board of Education rules.
  3. Anti-critical race theory bill (SB 130) – The bill prohibits a school district, charter school, the West Virginia Board of Education, the West Virginia Department of Education, or any employee from requiring or compelling a student, teacher, administrator, or another employee to affirm, adopt or adhere to certain specified concepts.
  4. County boards of education meetings bill (SB 139) – The bill requires each county board of education to ensure all meetings are open to the public through in-person attendance and broadcast live on its website.
  5. Glucagon for Schools Act bill (SB 195) – The bill allows for undesignated glucagon prescriptions in the name of the school district or school. It also provides details for usage requirements. 
  6. Holocaust and other genocides lessons bill (SB 216) – The bill requires all public schools to instruct students on Holocaust, other genocides, and financial literacy by the completion of the 12th grade.
  7. Official motto bill (SB 251) – The bill requires the display of (‛In God We Trust’) the official motto of the United States in public schools and institutions of higher education.
  8. Boards of education positions bill (SB 264) – The bill prevents any person who has been convicted of a crime involving a minor to hold a position on boards of education.
  9. West Virginia Guardian Program bill (SB 282) – The bill creates the West Virginia Guardian Program to provide public safety and/or security on public school grounds and buildings, authorizing former police and military veterans to serve as armed school security officers.
  10. Intelligent design bill (SB 619) – This bill would allow teachers to teach intelligent design as a theory of how the universe and/or humanity came to exist.
  11. Teacher concealed firearms bill (HB 2549) – The bill would permit teachers in K-12 schools to be authorized to carry concealed firearms as a designated school protection officer.
  12. School service personnel raise bill (HB 2598) – The bill would provide school service personnel a monthly raise of $900.
  13. West Virginia teaching salary bill (HB 2828) – The bill increases the beginning teacher salary to $44,000.
  14. School counselor bill (HB 2832) – The bill clarifies the appropriate and inappropriate duties of school counselors.
  15. General education teachers’ rights bill (HB 2850) – The bill clarifying entitlements for the general education teacher who has students with exceptionalities in their classroom. It also states that a classroom assistant shall be provided if it is written in the student’s IEP. 
  16. Teacher’s duty-free lunch and planning period bill (HB 3548) – The bill addresses teacher duty-free lunch and daily planning periods.

Thanks to Delegate Storch who made the amendment to the PEIA bill to keep contiguous counties covered at 80/20. But there is still a call to action! Contact your delegate now about the PEIA bill (SB 268)! Reach out to them to share your concerns about premiums and spousal coverage. The PEIA bill is on second reading today and will be on third reading tomorrow.

This week 12 education-related bills passed one chamber:

  • Online Curriculum bill (SB 422) – The bill requires public schools to publish curriculum online at the beginning of each new school year passed. It also provides password protected links to online textbooks to meet copyright laws. Bill status: The bill passed the Senate with a vote of 33-0-1 and goes to the House Education Committee.

  • Salary Adjustment bill (SB 593) – The bill will require county boards of education to develop and report an area market rate salary adjustment policy for both professional and service personnel. Bill status: This bill passed the Senate with a 33-0-1 vote and heads to the House Finance Committee. 

  • Public Charter Schools bill (SB 628) – The bill revises provisions to the public charter schools. Bill status: This bill passed the Senate with a 32-1-1 vote and heads to the House Education Committee.

  • Performance Audit bill (SB 667) – The bill requires periodic performance audits of WV Secondary Schools Athletic Commission. Bill status: This bill passed the Senate with a vote of 29-4-1 and goes to the House Education Committee.

  • Hiring Retired Teachers Bill (SB 688) – The bill allows Boards of Education to hire retired teachers to assist with tutoring. Bill status: This bill passed the Senate with a 33-0-1 vote and heads to the House Education Committee.

  • Literacy and Numeracy bill (HB 3035) – The bill creates a multi-tiered system of support intervention for grade level literacy and numeracy by the end of the third grade. Bill status: This bill passed the House with a 71-20-9 vote and goes to the Senate Education Committee, then Senate Finance Committee.

  • School Safety Fund bill (HB 3084) – The bill provides public charter schools access to the School Safety Fund. Bill status: This bill passed the House with a vote of 65-24-11 and heads to the Senate Finance Committee.

  • Special Revenue Account bill (HB 3095) – The bill creates a special revenue account known as School Building Authority Agricultural, Vocational and Technical Training Facilities Grant Fund. Bill status: This bill passed the House with a 73-24-3 vote and goes to the Senate Finance Committee.

  • WV Junior College bill (HB 3224) – The bill adds WV Junior College to the list of eligible institutions that accept Promise scholarship recipients. Bill status: This bill passed the House with a vote of 98-0-2 and heads to the Senate Education Committee, then Senate Finance Committee.

  • Special Needs Audio Recordings bill (HB 3271) – The bill would allow audio recordings in special needs class bathrooms. Bill status: This bill passed the House with a vote of 96-1-3 and heads to the Senate Finance Committee.

  • School Safety Unit bill (HB 3369) – The bill creates a School Safety Unit within the Division of Protective Services. Bill status: This bill passed the House with a 98-0-2 vote and goes to the Senate Education Committee.

  • School Lunch Program bill (HB 3511) – The bill makes a supplementary appropriation to the Department of Education, State Board of Education for the School Lunch Program. Bill status: This bill passed the House with a vote of 96-0-4 and heads to the Senate.

Six education-related bills completed the legislative process this week:

  • Student Enrollment bill (SB 510) – The bill makes supplementing and amending appropriations to BOE and the Department of Education. It amends appropriations for student enrollment.  Bill status: This bill completed legislation on March 3 and heads to the governor for his signature.

  • Professional Personnel Evaluations bill (HB 2597) – The bill amends performance evaluations of professional personnel. Bill status: This bill completed legislation on March 3 and heads to the governor for his signature.

  • Student Passengers bill (HB 2607) – The bill clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students, provided that no more than 10 may be transported at one time. Bill status: This bill completed legislation on March 2 and awaits the governor’s signature.

  • Student Suicide Prevention bill (HB 3218) – The bill will require suicide prevention resources be printed on student identification card for students in grades 6-12 in public schools that issue student identification cards; and requiring suicide prevention resources be printed on student identification cards for students in a public or private institution of higher education that issues student identification cards. Bill status: This bill completed legislation on March 1 and heads to the governor for his signature.

  • Vocational Division bill (HB 3520) – The bill makes a supplementary appropriation to the Department of Education, State Board of Education for the Vocational Division. Bill status: This bill completed legislation on March 3 and awaits the governor’s signature.

  • School Building Authority bill (HB 3527) – The bill makes supplementing and amending appropriations to Department of Education for the School Building Authority. Bill status: This bill completed legislation on March 3 and heads to the governor for his signature.

WVEA will post the Legislative Wrap-up on our website the week after next. The wrap-up contains all the bills that completed legislation and failed to pass. Stay informed with our daily Lobbyline as the session winds down.

Earlier this week, an amendment was made by Delegate Clark to the teacher’s duty-free lunch and planning period bill (HB 3548). The word “shall” will be placed back in the bill instead of the word “may” and the amendment passed. Thank you to everyone who reached out to your delegates regarding this bill. You really made a difference!

Two education-related bills were postponed today. ACTION NEEDED NOW: CONTACT YOUR DELEGATE ABOUT THE PEIA BILL (SB 268)!

  • PEIA bill (SB 268) – The bill revises PEIA including coverage changes for employee spouses. The biggest changes proposed include spouses who are eligible for their own employer’s health care plan will have to pay the full value of the plan if they choose to remain on PEIA, and premium increases for active employees to achieve the 80/20 split. Bill status: This bill was on third reading in the Senate on Friday and laid over for a day.

  • Education and State Employees Pay Raise bill (SB 423) – The bill gives a $2,300 pay raise to all education and state employees. Bill status: This bill was on third reading in the Senate on Friday and laid over for a day.

11 education-related bills passed through one chamber this week:

  • Glucagon for Schools Act bill (SB 195) – The bill allows for undesignated glucagon prescriptions in the name of the school district or school. It also provides details for usage requirements. Bill status: This bill passed the Senate with a 34-0-0 vote and goes to the House Health and Human Resources Committee, then House Education Committee.

  • Higher Education Accreditation Rules bill (SB 488) – The bill aligns state and federal higher education accreditation rules. Bill status: This bill passed the Senate with a 33-0-1 vote and heads to the House Education Committee.

  • Higher Education Rule-Making bill (SB 543) – The bill authorizes rule-making changes to terms, procedures, and reporting duties in higher education. Bill status: This bill passed the Senate with a vote of 33-0-1 and goes to the House Education Committee.

  • WVSU and Bluefield State University Degrees bill (SB 602) – The bill enabling WVSU and Bluefield State University to offer associate degrees. Bill status: This bill passed the Senate with a 33-0-1 vote and heads to the House Education Committee, then House Finance Committee.

  • Student Passengers bill (HB 2607) – The bill clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students, provided that no more than 10 may be transported at one time. Bill status: This bill passed the House with a vote of 95-2-3 and goes to the Senate Education Committee.

  • Teaching Positions for Classroom Aides bill (HB 2761) – The bill allows classroom aides with 10 or more years of service and good evaluations to bid on teaching positions. Bill status: This bill passed the House with a 71-22-7 vote and heads to the Senate.

  • Safe Schools Funds bill (HB 2827) – The bill makes public charter schools eligible for Safe Schools Funds. Bill status: This bill passed the House with a 96-1-3 vote and heads to the Senate Education Committee.

  • Teacher Term bill (HB 3376) – The bill changes the term teacher in residence to the clinical teacher of record. Bill status: This bill passed the House with a vote of 95-0-5 and goes to the Senate Education Committee.

  • Personal Leave Days bill (HB 3547) – The bill increases the number of personal leave days that county board of education employees may use from 4 to 5. Bill status: This bill passed the House with a 96-0-4 vote and heads to the Senate Education Committee.

  • Teacher’s Duty-Free Lunch and Planning Period bill (HB 3548) – The bill requires state board rule providing uniform procedure, prohibition, form and benefit regarding a teacher’s voluntary exchange of duty-free lunch recess to perform duties at the school. Bill status: This bill passed the House with a vote of 97-0-3 and goes to the Senate Education Committee.

  • Individualized Education Program bill (HB 3549) – The bill relates to classroom and special education teachers individualized education program requirements. Bill status: This bill passed the House with a 96-1-3 vote and heads to the Senate Education Committee.

Four education-related bills completed the legislative process this week:

  • State Fire Marshal’s bill (SB 275) – The bill adds State Fire Marshals to the statute that included law enforcement and first responders for receiving information on school safety requirements. Bill status: This bill completed legislation on February 20 and heads to the governor for his signature.

  • Vocational Math Class bill (HB 3055) – The bill creates a transitional math class for high school students interested in careers in the trades. Bill status: This bill completed legislation on February 22 and awaits the governor’s signature.

  • Nonresident Student Transfer bill (HB 2596) – The bill allows superintendents to deny a transfer if the student committed a Level 3 or 4 violation. Bill status: This bill completed legislation on February 22 and heads to the governor for his signature.

  • Concealed Weapon on College Campus bill (SB 10) – The bill allows those licensed individuals to carry a concealed deadly weapon on campus at a state institution of higher education. Bill status: This bill completed legislation on February 21 and awaits the governor’s signature.

Our legislators need to hear from you about the education-related bills moving through the process. Tell them how you think these bills will impact you. You can also stay informed by reading our daily Lobbyline.

One concerning bill that needs your attention is the teacher’s duty-free lunch and daily planning periods bill (HB 3548). WVEA is working with House Education leadership to amend the bill on the floor at second reading. The amendment will reinstate the word “shall” instead of “may” and clarify the rate of pay for lunch duty. Please call your delegate and ask them to support the amendment. Find their contact information here.

This week 12 education-related bills passed one chamber:

  • Charter School Stimulus Fund bill (SB 47) – The bill provides financial support for start-up costs. Bill status: This bill passed the Senate with a vote of 32-1-1 and heads to the House Education Committee, then the House Finance Committee.

  • Consolidation of School Districts bill (SB 99) – The bill establishes procedures for potential consolidation or shared services of school districts. Bill status: This bill passed the Senate with a 34-0-0 vote and now goes to the House Education Committee.

  • Felony Offense bill (SB 187) – The bill makes it a felony offense for a school employee or volunteer to engage in sexual contact with students. Bill status: This bill passed the Senate with a vote of 33-0-1 and now goes to the House Judiciary Committee.

  • Public Employees and State Teachers Retirement bill (SB 237) – The bill provides a one-time payment for certain retirees and brings the monthly annuity up to $1,000 for retirees who are at least 70 years old with at least 25 years of service. Bill status: This bill passed the Senate with a 33-0-1 vote and heads to the House Pensions and Retirement Committee, then the House Finance Committee.

  • Early Literacy and Numeracy bill (SB 274) – The bill creates the multi-tiered system of support for early literacy and numeracy in grades K-3. Bill status: This bill passed the Senate with a vote of 34-0-0 and heads to the House Education Committee, then the House Finance Committee.

  • Charter School Employee Retirement bill (SB 453) – The bill ensures contributions be paid upon school closure or by successor. Bill status: This bill passed the Senate by a 33-0-1 vote and goes to the House Finance Committee.

  • Dual Enrollment Pilot Program bill (HB 2005) – The bill establishes a dual enrollment pilot program for classes at the Community and Technical Colleges in conjunction with the State Board. Bill status: This bill passed the House with a 98-0-2 vote and heads to the Senate Education Committee.

  • Hope Scholarship Sports bill (HB 2820) – The bill provides HOPE Scholarship recipients with the ability to play sports if the sport is not available through their learning program. Bill status: This bill passed the House with a vote of 73-23-4 and goes to the Senate.

  • WV General Summative Assessment bill (HB 3098) – The bill eliminates the WV General Summative Assessment and replaces it with a formative assessment given three times a year. It also clarifies that virtual charter schools can test virtually. Bill status: This bill passed the House with an 87-10-3 vote and goes to the Senate Education Committee.

  • Student Suicide Prevention bill (HB 3218) – The bill requires suicide prevention resources to be printed on student identification cards. Bill status: This bill passed the House with a vote of 96-0-4 and heads to the Senate.

  • Dyslexia and Dyscalculia Screening bill (HB 3293) – The bill relates to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia. Bill status: This bill passed the House with a 98-0-2 vote and goes to the Senate.

  • Personal Finance Course bill (HB 3113) – The bill requires high school students to complete a course in personal finance. Bill status: This bill passed the House with a vote of 94-4-2 and heads to the Senate Education Committee.

Contact your legislators today! They need to know how you feel about the education-related bills; especially the teacher’s duty-free lunch and daily planning periods bill (HB 3548). Take action on HB 3548 now.

Earlier this week, WVEA President Dale Lee and AFT President Fred Albert presented the findings from the Solutions for Success focus groups to the House Education Committee and State Board of Education. Both the legislators and the State Board of Education have heard our recommendations and only time will tell if they act on the public education issues. View a copy of the Solutions for Success report here.

The two concerning bills on our radar include:

  • Senate’s Tax Plan bill (SB 424) – The bill reduces personal income tax by 15 percent across the board. It also has a trigger for further tax reduction based on economic growth. The bill provides personal property tax credits for automobiles and a 50% refundable tax credit for five personal property categories for businesses.

  • PEIA-Related bill (SB 268) – This bill requires a 110% reimbursement rate for in-state providers, which addresses the coverage issue for our northern-panhandle hospitals. However, the bill removes spousal coverage if the spouse’s employer provides health insurance and would go into effect on July 1 of this year. The employee may add their spouse to their plan by paying the full spousal premium at the actuarial value of the plan. It also requires the PEIA Finance Board to present an 80/20 actuarial plan. Since 2019, WVEA has introduced legislation with the PEIA Task Force recommendations that would provide a long-term solution for the plan. The Legislature has ignored the Task Force recommendations and now the employees will bear a larger burden.

Eight education-related bills passed through one chamber this week:

  • Holocaust and Other Genocides Lessons bill (SB 216) – The bill requires all public schools to instruct students on Holocaust, other genocides, and financial literacy by the completion of the 12th grade. Bill status: This bill passed the Senate floor on February 9 with a 32-0-2 vote and now goes to the House Education Committee.

  • Senate’s Tax Plan bill (SB 424) – The bill reduces personal income tax by 15 percent across the board. It also has a trigger for further tax reduction based on economic growth. The bill provides personal property tax credits for automobiles and a 50% refundable tax credit for five personal property categories for businesses. Bill status: This bill passed the Senate floor on February 8 with a 32-0-2 vote and heads to the House Finance Committee.

  • Disability Retirement bill (SB 450) – The bill further defines a medical exam for disability retirement purposes. It clarifies that a remote exam may be acceptable and that the physician must be approved by the agency. Bill status: This bill passed the Senate floor on February 8 with a vote of 33-0-1 and goes to the House Pensions and Retirement Committee, then House Finance Committee.

  • Charter Schoolteacher Retirement bill (SB 451) – The bill allows charter schoolteachers to participate in the state Teachers Retirement System. Bill status: This bill passed the Senate floor on February 8 with a vote of 33-0-1 and heads to the House Pensions and Retirement Committee, then House Finance Committee.

  • Feminine Hygiene Products bill (SB 489) – The bill requires county boards of education to provide free feminine hygiene products in grades six through twelve. Bill status: This bill passed the Senate floor on February 8 with a vote of 32-1-1 and goes to the House Education Committee, then House Finance Committee.

  • Bus Operator Shortage bill (HB 2346) – The bill allows retired bus operators to accept employment after retirement and drive more than 140 days in shortage areas. Bill status: This bill passed the House floor on February 9 with a 94-0-6 vote and heads to the Senate Education Committee, then Senate Finance Committee.

  • School Counselor bill (HB 2832) – The bill clarifies the appropriate and inappropriate duties for school counselors. Bill status: This bill passed the House floor on February 10 with a vote of 93-0-7 and goes to the Senate.

  • Vocational Math Class bill (HB 3055) – The bill creates a transitional math class for high school students interested in careers in the trades. Bill status: This bill passed the House floor on February 7 with a vote of 97-0-3 and will be on first reading on February 13.

Two bills have completed legislation this week:

  • Removal of Outdated Code bill (HB 2835) – The bill repeals outdated provisions of code relating to the WV graduate college and Marshall University. Bill status: This bill completed legislation on February 6 and heads to the governor for his signature.

  • Teachers’ Aides Classifications bill (HB 2602) – The bill returns Aide V (special education) and Aide VI (Behavior Disorder) back to the statute, which were inadvertently deleted. Bill status: This bill completed legislation on February 10 and goes to the governor for his signature.

Legislators need to hear from you, the expert. Let them know how these education-related bills will impact you! For more under the dome information, follow our daily Lobbyline.

It was a busy week under the dome. WVEA President Dale Lee and AFT-WV President Fred Albert presented the findings from the Solutions for Success focus groups to the Senate Education Committee yesterday. The Senate Education Committee received copies of the Solutions for Success report. After the presentation, President Lee answered questions from the committee. President Lee also spoke at a news conference that can be watched on WVEA’s facebook page.

The following education-related bills passed through one chamber this week:

  • School Closing Impact Statement bill (SB 51) – The bill shall give the impact statement substantial weight when deciding on any proposal to close or consolidate a school. Areas to be addressed are student transportation time, the financial health of the county, the enrollment of the school(s), the school personnel employed, and the community. Bill status: This bill passed the Senate floor on January 30 with a vote of 32-0-2 and sits in the House Education Committee.

  • Adult Education Taskforce bill (SB 222) – The bill creates a taskforce to find direct funding options for adult education. Bill status: This bill passed the Senate floor on January 31 with a 31-0-3 vote and sits in the House Education Committee.

  • Official Motto on Display bill (SB 251) – The bill requires the display of (‘In God We Trust’) the official motto of the United States in public schools and institutions of higher education. Bill status: This bill passed the Senate floor on January 30 with a vote of 32-0-2 and sits in the House Education Committee.

  • State Fire Marshal’s bill (SB 275) – The bill adds State Fire Marshals to the statute that included law enforcement and first responders for receiving information on school safety requirements. Bill status: This bill passed the Senate floor today with a 30-0-4 vote and will be reported to the House.

  • WV Guardian program bill (SB 282) – The bill creates a program where county boards of education can contract school safety services from veterans and retired law enforcement. Bill status: This bill passed the Senate floor on January 30 with a vote of 32-0-2 and goes to the House Education Committee, then House Judiciary Committee.

  • Summer Feeding Program bill (SB 306) – The bill establishes a summer feeding program.  Bill status: This bill passed the Senate floor on January 31 with a30-1-3 vote and sits in the House Education Committee.

  • Local School Improvement Councils bill (SB 428) – The bill revised the requirements of local school improvement councils. It clarifies requirements for minute and establishes training annually. Bill status: This bill passed the Senate floor on January 31 with a vote of 31-0-3 and sits in the House Education Committee.

  • Grievance Procedure bill (SB 461) – The bill relates to the WV public employees’ grievance procedure. All grievances would have to have a notarized signature to be filed. All level three grievance decisions will now be appealable to the Intermediate Court instead of Kanawha County Circuit Court, and the prevailing party in these appeals may collect costs from the losing party. Bill status: This bill passed the Senate floor today with a 29-1-4 vote and will be reported to the House.

  • School Building Authority bill (HB 2380) – The bill relates to the School Building Authority removing obsolete sections of code and updates it. Bill status: This bill passed the House floor today with a vote of 92-1-7 and will be reported to the Senate.

  • Transportation Certifications bill (HB 2443) – The bill relates to service employees with National Association for Pupil Transportation Certification (holding this makes them eligible for supervisory positions). Bill status: This bill passed the House floor today with a 79-14-7 vote and will be reported to the Senate.

  • Nonresident Student’s Transfer bill (HB 2596) – The bill would allow a school to deny a transfer of a student with discipline referrals. Bill status: This bill passed the House Floor on February 1 with a vote of 99-0-1 and sits in the Senate Education Committee.

  • General Education Teachers’ Rights bill (HB 2850) – The bill clarifying entitlements for the general education teacher who has students with exceptionalities in their classroom. It also states that a classroom assistant shall be provided if it is written in the student’s IEP. Bill status: This bill passed the House floor on January 31 with a 96-0-4 vote and sits in the Senate Education Committee.

  • Student Discipline bill (HB 2890) – The bill modifies the authority of the teacher to remove a student from the class. It states the student cannot be returned to the class the rest of the day, states the teacher has 24 hours to complete the discipline form, and requires the county to implement a tier system policy to provide a framework for discipline with teacher input. Bill status: This bill passed the House floor on January 31 with a vote of 79-16-5 and sits in the Senate Education Committee.

Want to be heard this session? Now is a great time to contact your legislators so they know how you feel about the education-related bills. Also, follow our daily Lobbyline, which reports education-related bills that move through committees and on the floor.

Some education-related bills have moved in the second week of the legislative session. The bills that have passed one chamber this week include:

  • Teachers’ Aides Classifications bill (HB 2602) – This bill corrects last year’s bill that erroneously deleted sections of code concerning Aide V (special education) and Aide VI (Behavior Disorder).  The definitions are added back to the code in this bill. Bill status: The bill passed the House with a 92-0-8 vote and will head to the Senate Education committee.

  • Concealed Weapon on College Campus bill (SB 10) – This bill allows those licensed individuals to carry a concealed deadly weapon on campus at a state institution of higher education. Bill status: The bill passed the Senate with a 29-4-1 vote and will now go to the House Judiciary committee.

  • Student Journalist bill (SB 121) – This bill provides framework and parameters for student journalists in public high schools, colleges, and universities. Bill status: The bill passed the Senate with a 32-0-2 vote and will head to the House Education committee.

  • Student Athlete Transfer bill (SB 262) – This bill allows students to transfer schools one time and retain their athletic eligibility. Bill status: The bill passed the Senate with a vote of 27-5-2 and will now go to the House Education committee.

  • Boards of Education positions bill (SB 264) – This bill prevents any person who has been convicted of a crime involving a minor to hold a position on boards of education. Bill status: The bill passed the Senate with a 32-0-2 vote and will now head to the House.

Don’t forget to reach out to your legislators about the education-related bills moving through the Legislature. They need to hear your perspective on these bills!

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We are ten days in the 2023 legislative session. Last week, the Senate suspended the rules and were passing bills. A total of 23 bills were passed with no discussion of the bills, no copies to review, and new senators who had no idea what they were voting for. Bills passed pertaining to our issues included the following:

  • This bill (SB 127) is in response to hospitals in the northern part of the state threatening to discontinue service to PEIA patients July 1, 2023. This is a bipartisan bill designed to increase PEIA reimbursement to hospitals.
  • The anti-critical race theory legislation also passed the senate with the rules suspended. This is the same bill that did not make the deadline last legislative session. Senator Tarr’s anti critical race theory bill (SB 130) is a solution in search of a problem. The fate of this bill now lies with the House of Delegates.
  • Another bill passing the WV Senate on the opening day will require each county Board of Education to ensure all meetings are open to the public through in-person attendance and broadcast live on its website (SB 139).
  • And a bill to allow county Boards of Education participating in a multicounty vocational center to determine a career technical education program be part of the local high school in order to better serve students (SB 145).

House and Senate committees have acted on a few education-related bills. These are the bills we are following:

  • Classroom aides bill (HB 2003) sponsored by Speaker Hanshaw provides funding for public elementary schools to hire teacher aides who can help students meet requirements for reading and math by third grade. The bill provides a multi-tiered system of support for both reading and math using screening and benchmarking. Bill status: It was reported out of House Education with amendments and referred to the House Finance Committee.
  • Athletic eligibility and transfers bill (SB 262), which would allow a student athlete one transfer of schools during their 9-12 school years while retaining athletic eligibility. This transfer does not limit or restrict a student from transferring back to their residential district and the WVSSAC may make eligibility determinations on a case-by-case basis. Bill status: The bill advanced from Senate Education Committee and moves to the Senate.
  • ESP classification clarification bill (HB 2602) corrects last year’s bill that erroneously deleted sections of code concerning Aide V (special education) and Aide VI (Behavior Disorder). The definitions are added back to the code in this bill. The bill passed the committee and will be reported to the floor with the recommendation it does pass but first be reported to the Committee on Finance. Bill status: The bill was passed out of the House Education Committee and is on first reading in the House today.
  • Child sexual violence prevention bill (SB 124) authorizes the state Board of Education to create a program for child sexual abuse prevention and in-service training. This bill is important because it brings awareness to students, even if such incidents aren’t occurring in our schools. Bill status: The bill passed on third reading in the Senate today and will head to the House.

Make your voice heard throughout this session!

State lawmakers need to hear from you! Contact them today and urge them to make public education a priority and to keep their promises to provide resources for students and educators.

Call your lawmakers and email them – make your voice heard. Tell them your story and the stories of our students and how their actions, or inactions, impact academic success. Remember, you are the true experts of public education! 

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