2024 Legislative Wrap-up
The 2024 West Virginia Legislative Session ended at midnight on Saturday, March 9. We appreciate all those who reached out to their legislators during the session to stand up for public education. We must remember to elect legislators who are pro public education and committed to improving our public schools this November.
Many education-related bills passed this session, and some have already been signed by Governor Jim Justice. The following bills will go into effect on the date listed below.
Completed legislation:
- SB 146 creates the adult education task force to study and consider funding options, existing funding sources, and the best approach to providing direct funding for adult learning centers. This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- SB 159 prohibits persons convicted of certain crimes against minors from holding positions on boards of education. This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- SB 172 revises the requirements of local school improvement councils (LSIC). The bill changes the makeup of the LSIC by removing the requirement of a bus driver as one of the ESP members and gives the principal the ability to appoint the three parent/guardian/custodian members instead of a PTO election. The bill requires minutes to be taken at every meeting and then made available to the public on the school’s website. The bill would also require the state board to ensure training in the role and governance of LSICs would be provided to principals, county boards, and others the state board determines appropriate, upon employment and every three years thereafter. This bill was signed by the governor on March 7 and goes into effect on May 26, 2024.
- SB 280 allows teachers to discuss scientific theories in public schools. This bill was signed by the governor on March 22 and goes into effect on June 7, 2024.
- SB 370 changes where decisions of an administrative law judge are enforceable, removing Kanawha Circuit Court and replacing it with “the circuit court situated in the judicial district in which the grievant is employed.” Any appeals on decisions from the administrative law judge will now be to the Intermediate Court of Appeals instead of Kanawha Circuit Court. This bill is effective on March 1, 2024.
- SB 466 requires the State Board of Education to develop the Safety While Accessing Technology education program. The bill states, “The state board shall, in collaboration with law-enforcement agencies, criminal justice agencies, and other nongovernmental organizations with experience in child online safety issues and human trafficking prevention, develop a Safety While Accessing Technology (SWAT) education program for elementary and secondary school students in the State of West Virginia.” This bill was signed by the governor on March 20 and goes into effect on June 6, 2024.
- SB 487 requires periodic review of professional development for teachers and education staff. The review would happen every five years instead of every 10. This bill was signed by the governor on March 26 and goes into effect on June 5, 2024.
- SB 503 protects belief-based student organizations at higher education institutions from certain types of discrimination. This bill was signed by the governor on March 22 and goes into effect on June 6, 2024.
- SB 504 relates to a felony offense of sexual intercourse, intrusion or contact with a student. This bill was signed by the governor on March 22 and goes into effect on June 4, 2024.
- SB 507 relates to the repeal of WV EDGE. The WV EDGE became unnecessary with the passage of the dual enrollment pilot program. This bill was approved by the governor on February 29 and goes into effect on May 20, 2024.
- SB 529 includes Salem University in the PROMISE Scholarship Program. This bill was approved by the governor on March 13 and goes into effect on June 2, 2024.
- SB 568 creates a comprehensive system of support to address chronic student absenteeism statewide by requiring counties to take certain actions regarding truant students. This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- SB 602 relates to the Cardiac Emergency Response Plan Act (CERPA). The CERPA would require schools to develop an emergency response plan regarding cardiac arrest, working directly with local emergency service providers, and would also include school athletics. The bill would allow county boards of education to accept gifts, grants, and donations to implement the CERPA. This bill was signed by the governor on March 22 and goes into effect on May 30, 2024.
- HB 4709 relates to vocational and technical education programs. The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. This bill was signed by the governor on March 22 and goes into effect on June 4, 2024.
- HB 4829 relates to the employment of service personnel and removes the requirement for a high school diploma or general education development (GED) certificate for school bus drivers who are 21 years of age or older. This bill was signed by the governor on March 27 and goes into effect on June 6, 2024.
- HB 4830 addresses the professional development of teachers. The bill changes annual training on warning signs and resources to assist in suicide prevention upon hiring and every three years thereafter. The bill does the same schedule change for training related to preventing child sexual abuse and recognizing and responding to suspected abuse and neglect. The same applies for training on harassment, intimidation or bullying policy and for the program on multicultural education. The bill also adds blood-borne pathogens to the annual first aide training and removes students from the training requirement. Under the section for Special Protections for Disabled Children Act, the bill adds training on the mandatory reporting process, and changes the schedule from annual to upon hiring and every three years thereafter. This bill was signed by the governor on March 26 and goes into effect on June 6, 2024.
- HB 4838 requires the county board of education to provide long-term substitutes with copies of the IEP and 504 plans for the students they serve. This bill was signed by the governor on March 26 and goes into effect on May 30, 2024.
- HB 4860 provides that a general education teacher shall not be responsible for daily accommodation logs. The general education teacher shall only be responsible for acknowledging, at the end of each grading period, that each accommodation, as required by the IEP, has been met. The bill states it is the responsibility of the special education instructor to monitor progress. The bill also states parents and guardians may request daily accommodation logs. This bill was signed by the governor on March 27 and goes into effect on June 2, 2024.
- HB 4863 allows representatives of a patriotic society, defined as any youth group listed in Title 36 of US code, the opportunity to speak with and recruit students to participate in their organizations during school hours. Boys Scouts, Girl Scouts, Boys and Girls Clubs of America, Future Farmers of America all fall under Title 36. Groups must obtain permission from the Board of Education before visiting a school. This bill was signed by the governor on March 22 and goes into effect on June 6, 2024.
- HB 4880 phases out the state tax on Social Security benefits. The phase-out would mean a 35% cut retroactive to January 1, 2024, a 65% cut in 2025, and a full 100% cut in 2026. This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- HB 4883 is the pay raise bill. The bill contains the governor’s pay raise of $2,460 for teachers and $140 per month for service professionals. This bill is effective on July 1, 2024.
- HB 4919 allows for those who lose the PROMISE Scholarship to reapply when eligible. The bill allows for the scholarship to be reinstated one time. This bill was signed by the governor on March 26 and goes into effect on June 6, 2024.
- HB 4945 allows the Hope Scholarship Board to estimate the number eligible for the scholarship instead of the exact number of participants from the previous year. That allows for more students to participate in the program. The bill also adds “All records accepted or maintained by the Board containing personally identifying information of a Hope Scholarship student, applicant, or parent are confidential and not a public record subject to release pursuant to the West Virginia Freedom of Information Act.” This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- HB 5056 allows qualified service professionals to substitute on a day-to-day basis outside of their regular full-time position if a qualified substitute is not available. This bill was signed by the governor on March 26 and goes into effect on June 4, 2024.
- HB 5105 allows for private schools to make a vaccination policy that could allow a religious exemption unless they participate in WVSSAC sports or competitive school clubs. It does not change the vaccine mandates for public schools. The governor vetoed this bill.
- HB 5262 provides a list of duties school counselors may not perform without written agreement, defines “supplemental duty”, and states that any supplemental duty exceeding the contracted day must be agreed upon, with pay, unless the duty is a result of an unanticipated emergency. This bill was signed by the governor on March 27 and goes into effect on June 7, 2024.
- HB 5514 enhances the training requirements for county boards of education members. The bill increases training hours from seven to 12 and adds training on fiscal responsibility. This bill was signed by the governor on March 27 and goes into effect on June 6, 2024.
- HB 5540 relates to fentanyl prevention and awareness Education (Laken’s Law). Laken’s Law would be used to prevent overdose deaths in teens and young adults in grades 6-12. Beginning with the 2024-2025 school year, students would receive instruction on fentanyl, heroin, and opioid awareness, prevention, and abuse. Students would be instructed in the life-saving use of FDA-approved opioid reversal agents such as NARCAN and the available state and community resources that work to prevent and reduce youth substance use. This bill was signed by the governor on March 27 and goes into effect on May 30, 2024.
- HB 5650 allows suspended school personnel to enter school property functions open to the public if deemed appropriate. This bill was signed by the governor on March 27 and goes into effect on June 5, 2024.
Failed to pass:
- SB 152 states schools must display a durable poster or framed copy of the US motto “In God We Trust.”
- SB 468 requires a course in public schools on human development that shows the Meet Baby Olivia video created by pro-life group Live Action.
- SB 727 revises the process for county boards to hire classroom aides and ECCATs by agreement of the principal and faculty senate hiring committee instead of the current seniority-based hiring system.
- SB 614 relates to elementary behavior intervention and safety. The bill specifies requirements applicable to determine when the behavior of an elementary student is violent, threatening, or creates an unsafe learning environment.
- SB 741 prohibits the creation, production, distribution, or possession of artificially generated child pornography. The obscene matter bill which targeted schools, libraries, and museums for prosecution regarding obscene material was amended into this bill late in the session.
- SB 859 allows a prospective teaching candidate to gain certification if they have a bachelor’s degree in a field other than teaching and passing the praxis. It also allows for a teaching candidate who passed all the teacher preparation coursework with a 3.0 to be licensed without having to take the praxis.
- HB 4299 permits teachers in K-12 schools to be authorized to carry concealed firearms as designated school protection officers.
- HB 4654 removes bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter.
- HB 4851 allows public and private schools in West Virginia to employ former police as school security personnel. The WV Guardian Program, which also included former military was amended into the bill late in the session.
- HB 5553 adds a half credit in computer science to graduation requirements beginning with the freshman class of 2026-2027. Students could choose either a half credit in computer science or personal finance.
Week Seven
As the legislative session is winding down, the bill movement has really picked up due to crossover day. Wednesday was the last day for a bill to pass out of the chamber in which it was introduced and move forward for consideration. Both chambers introduce and pass Budget bills during the final week or two of the session.
The House has passed Committee Substitute for HB 4883 which contains the governor’s pay raise of $2,460 for teachers and $140 per month for service professionals. They have included that funding in their Budget bill. However, the Senate’s Budget bill does not contain any pay increases for educators. Ultimately, the differing budgets will be ironed out by conferees from both chambers. Start contacting your senators and tell them to accept the pay raise for education employees that is included in the House budget. The bill is currently in the Senate’s Finance Committee with Senator Tarr as the Committee Chair.
CALL TO ACTION! HB 5105 was amended to include a religious exemption for vaccine requirements for any West Virginia student. The bill was sent to the Senate’s Health and Human Resources Committee today. We are asking you to contact the senators on the committee and let them know you want that portion (subsection (l)) removed from the bill. The following senators are on the Health and Human Resources Committee: Maroney, Takubo, Azinger, Chapman, Deeds, Grady, Hamilton, Hunt, Jeffries, Plymale, Roberts, Rucker, Tarr, and Weld.
WVEA is happy to report a legislative win for the week! The House Education Committee voted down SB 189, providing substantial deference to state school superintendent’s interpretations of school law.
19 education-related bills passed one chamber this week. Those bills are:
- Engrossed Committee Substitute for Committee Substitute for SB 468 requires a computer-generated animation of human conception to be shown to all eighth and tenth grade students in West Virginia public schools. This bill specifically names the “Meet Baby Olivia” video created by Live Action as the video that must be shown. West Virginia is one of four states currently attempting to pass this legislation and medical professionals have questioned the exaggerated and inaccurate portrayals of the video. The bill also adds age-appropriate instruction on the Holocaust, including reading The Diary of a Young Girl, by Anne Frank in grades 10 or 11. Bill Status: The bill passed the Senate by a vote of 27-6-1 on February 27 and heads to the House Health and Human Resources Committee.
- Committee Substitute for SB 568 creates a multi-tiered system for student absenteeism. The bill lays out a comprehensive system in an effort to address statewide chronic student absenteeism. The State Board must create a System of Support (SOS) plan to encourage and reinforce the importance of attendance. The SOS would require counties to take certain actions regarding truant students. Bill Status: The bill passed the Senate with a 31-0-3 vote on February 26 and goes to the House Education Committee.
- SB 813 allows students to participate in non-school competitive activities. This bill allows students to participate in WVSSAC sports and travel sports at the same time. Bill Status: The bill passed the Senate by a vote of 24-9-1 on February 27 and goes to the House Education Committee.
- Committee Substitute for SB 842 requires additional training for Board of Education members focusing on fiscal matters. Bill Status: The bill passed the Senate with a 31-0-3 vote on February 26 and heads to the House Education Committee.
- SB 859 allows a prospective teaching candidate to gain certification if they have a bachelor’s degree in a field other than teaching and pass the praxis. It also allows for a teaching candidate who passed all the teacher preparation coursework with a 3.0 to be licensed without having to take the praxis. The praxis will still be required for those teaching candidates in the education program who do not have a 3.0 in their core teaching courses when they graduate. Bill Status: The bill passed the Senate by a vote of 31-0-3 on February 26 and goes to the House Education Committee.
- SB 861 provides additional funding to the state department to facilitate additional training in Math and Science to assist teachers employed by the county who are less than fully certified. Bill Status: The bill passed the Senate with a 31-0-3 vote on February 26 and heads to the House Education Committee.
- Committee Substitute for HB 4313 is the Parents’ Bill of Rights. This bill gives parents the ability to bring legal action against schools for perceived violations of their child’s education, medical decisions, etc. Bill Status: The bill passed the House by a vote of 83-14-3 on February 28 and goes to the Senate Education Committee.
- Committee Substitute for HB 4709 relates to vocational and technical education programs. The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. Bill Status: The bill passed the House with a vote of 97-0-3 on February 28 and heads to the Senate Education Committee.
- Committee Substitute for HB 4829 deals with the employment of custodians and bus operators. It removes the requirement for a high school diploma or general education development certificate. Bill Status: The bill passed the House by a vote of 88-11-1 on February 27 and goes to the Senate Education Committee.
- Committee Substitute for HB 4883 is the pay raise bill. This bill provides for a $2,460 pay increase for teachers and $140 per month for service personnel. Bill Status: The bill passed the House by a vote of 99-0-1 on February 28 and goes to the Senate Finance Committee.
- Committee Substitute for HB 4919 allows for those who lose the PROMISE Scholarship to reapply when eligible. The bill allows for the scholarship to be reinstated one time. Bill Status: The bill passed the House with a vote of 97-0-3 on February 28 and heads to the Senate Education Committee.
- HB 4945 allows the Hope Scholarship Board to estimate the number eligible for the scholarship instead of the exact number of participants from the previous year. That allows for more students to participate in the program. The bill also adds “All records accepted or maintained by the Board containing personally identifying information of a Hope Scholarship student, applicant, or parent are confidential and not a public record subject to release pursuant to the West Virginia Freedom of Information Act, as codified in §29B-1-1 et seq. of this code.” This will make it difficult to track WV tax dollars going to out of state vendors. Bill Status: The bill passed the House by a vote of 76-21-3 on February 28 and goes to the Senate Finance Committee.
- Committee Substitute for HB 5105 eliminates the vaccine requirements for students attending public virtual schools. The bill was amended to allow for religious exemptions for all school children. Bill Status: The bill passed the House after a two-hour debate with a 57-41-2 vote on February 26 and heads to the Senate Health and Human Resources Committee.
- Committee Substitute for HB 5137 requires the State Auditor to conduct audits of all county boards of education once every six years and requires all county boards to use the Local Government Purchasing Card. Bill Status: The bill passed the House with a vote of 98-0-2 on February 28 and heads to the Senate Education Committee.
- Committee Substitute for HB 5180 removes requirements to submit certain evidence on behalf of home-schooled children. The bill removes the required subject areas for standardized testing and allows any child receiving home instruction to attend any class offered by the county board without the need of county approval. An amendment to include a portion of Raylee’s Law in an effort to prevent abusive parents from removing students from public school to home school when abuse is reported was offered. After a very lengthy and emotional debate over the amendment and reforms made, the amendment was adopted by a voice vote. Bill Status: The bill passed the House by a vote of 99-0-1 on February 27 and goes to the Senate Education Committee.
- Committee Substitute for HB 5289 allows for the implementation of STEM software in West Virginia public schools. The bill states, “Beginning for the school year 2024-2025, the Workforce West Virginia’s Division of Workforce Development shall partner with the State Board of Education to implement a program in phases to provide chemistry and other science-based and math-based training through an educational, interactive platform designed to help students with instruction in the science technology engineering and math (STEM) field with a focus on chemistry and related careers to high schools and technical schools in the state.” 10 schools would be selected to participate the first two years of the program. After the first two years, the program would be open to any high school or technical school should they wish to participate. Bill Status: The bill passed the House by a vote of 94-1-5 on February 28 and heads to the Senate Education Committee.
- Committee Substitute for HB 5405 provides additional professional development and support to West Virginia educators through teacher and leader induction and professional growth. The bill adds “the number of full-time-equivalent teachers employed by the county who are less than fully certified for the teaching position in which they are employed” as one of the deciding factors on the amount of funding counties receive. Bill Status: The bill passed the House with a vote of 96-0-4 on February 28 and goes to the Senate Education Committee.
- Committee Substitute for HB 5514 relates to enhancing training requirements for county boards of education members. The bill adds fiscal management to the topics covered in the orientation training, and requires the training to occur before a new board member can begin to serve. The annual training for board members was also changed from 7 hours to 12 hours and adds a fiscal management section to the annual training topics. Lastly, the bill allows the state board to assign additional training if the board deems it necessary. Bill Status: The bill passed the House by a vote of 73-24-3 on February 28 and heads to the Senate.
- HB 5697 relates to public charter schools code provisions. The bill allows charter schools to charge tuition for part-time Hope Scholarship enrollment or for participation in student activities. Bill Status: The bill passed the House with an 85-11-4 vote on February 27 and heads to the Senate Finance Committee.
Four education-related bills have completed legislative action:
- SB 172 revises the requirements of local school improvement councils (LSIC). The bill changes the makeup of the LSIC by removing the requirement of a bus driver as one of the ESP members and gives the principal the ability to appoint the three parent/guardian/custodian members instead of a PTO election. The bill requires minutes to be taken at every meeting and then made available to the public on the school’s website. The bill would also require the state board to ensure training in the role and governance of LSICs would be provided to principals, county boards, and others the state board determines appropriate, upon employment and every three years thereafter. Lastly, the bill would allow any public charter to abide by all or some of the LSIC requirements, at its discretion. Bill Status: This bill passed on February 26 and goes to the governor.
- Committee Substitute for SB 370 updates the Public Employees Grievance Board procedure that certain decisions be appealed to the Intermediate Court of Appeals. The bill changes where decisions of an administrative law judge are enforceable removing Kanawha Circuit Court and replacing it with “the circuit court situated in the judicial district in which the grievant is employed.” Any appeals on decisions from the administrative law judge will now be to the Intermediate Court of Appeals instead of Kanawha Circuit Court. Bill Status: This bill passed on March 1 and now awaits the governor’s signature.
- HB 4838 requires county board of educations to provide long-term substitutes, upon hiring, access to IEPs and 504s. The bill requires the county board of education to provide long-term substitutes with copies of the IEP and 504 plans for the students they serve. Bill Status: This bill passed on March 1 and now awaits the governor’s signature.
- Engrossed Committee Substitute for HB 5540 relates to fentanyl prevention and awareness Education (Laken’s Law). Laken’s Law would be used to prevent overdose deaths in teens and young adults due to fentanyl and fentanyl components in grades 6-12. Beginning with the 2024-2025 school year, students would receive instruction on fentanyl, heroin, and opioids awareness, prevention, and abuse. Students would be instructed in the life-saving use of FDA-approved opioid reversal agents such as NARCAN and the available state and community resources that work to prevent and reduce youth substance use. Bill Status: This bill passed on March 1 and now awaits the governor’s signature.
Be sure to check your email on Tuesday, March 5 for WVEA President Dale Lee’s final video. WVEA will also email you and post the Legislative Wrap-up on our website by Tuesday, March 12. The wrap-up includes all the bills that completed legislation and failed to pass.
Read our daily Lobbyline as we are on the home stretch of this session. Don’t forget to contact your legislators to share your concerns with them about the bills that will affect you!
Week Six
We are on day 45 of the legislative session. Several concerning education bills are moving. Those bills include HB 4299, permitting teachers in K-12 schools to be authorized to carry concealed firearms. Contact your senator if you have any concerns about HB 4299. HB 4860, requires every teacher to document modifications daily on a log created by the West Virginia Department of Education. Reach out to your delegate if you have any concerns about HB 4860. Ask them to reject the Senate changes and return the legislation to its original form and intent. Committee Substitute for SB 727, revising the process for county boards of education to hire support staff. Contact your delegate if you have any concerns about this bill. Lastly, HB 4654 removes bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and displaying obscene matter to a minor. The bill could create problems for our educators and libraries. Reach out to your senator to share your concerns about HB 4654.
The pay raise bill (Committee Substitute for HB 4883) has passed the House Finance Committee and is on schedule to go to the House Floor next week. This bill provides for a $2,460 pay increase for teachers and $140 per month for service personnel.
Eight education-related bills passed one chamber this week:
- Committee Substitute for SB 292, establishing a Hunger-Free Campus grant program. The purpose of the program would be to provide grants to state institutions of higher education designated by the Chancellor of the Higher Education Policy Commission as hunger-free campuses. Bill Status: The bill passed by a vote of 32-2 on February 19 and goes to the House Education Committee.
- SB 701, supplemental appropriations for the WV Department of Education building construction fund. Bill Status: The bill passed by a vote of 33-1 on February 20 and goes to the House Finance Committee.
- SB 710, the WV Department of Education aid for exceptional children. Bill Status: The bill passed by a vote of 34-0 on February 20 and heads to the House Finance Committee.
- Committee Substitute for SB 727, revising process for county boards of education to hire support staff. This would make hiring Aides and ECATs similar to hiring teachers with the exception of adding one service personnel to the faculty senate hiring committee. If the faculty senate and principal agree on a candidate, that candidate will be selected no matter the seniority or other qualifications of the applicants. It also gives ECATs a hiring preference for any Aide or ECAT position. When it was questioned if this would not open the process to nepotism or cronyism, Education Chair Amy Grady replied that nepotism or cronyism are fear-mongering and does not happen with teachers currently. Bill Status: The bill passed 31-3 on February 21 with Senators Hamilton, Caputo and Chapman voting against the bill. This bill heads to the House Education Committee.
- SB 806, removing certain required reports to the Legislative Oversight Commission on Education Accountability (LOCEA). The bill removes language tailored to Innovation Zones. Bill Status: The bill passed by a vote of 34-0 on February 23 and goes to the House.
- HB 4299, permitting teachers in K-12 schools to be authorized to carry concealed firearms as a designated school protection officer (SPO) with one amendment. The first amendment was by Delegate Foster and was adopted after a heated debate. Before the amendment, the bill allowed county boards of education to opt in. The amendment now allows anyone who applies and meets the requirements to be a SPO. Bill Status: HB 4299 passed by a vote of 89-11 on February 21 and goes to the Senate Judiciary Committee.
- Committee Substitute for HB 5553, providing and changing graduation requirements and change duties relating to academic content standards. The bill adds a course in computer science to the graduation requirements and moves the personal finance requirement to the 9th or 10th grade. Bill Status: The bill passed by a vote of 89-7 on February 20 and heads to the Senate Education Committee.
- Committee Substitute for HB 5650, allowing suspended school personnel to enter school property functions open to the public. This would allow suspended school personnel to attend school functions as parents and grandparents. Bill Status: The bill passed by a vote of 93-4 on February 20 and now goes to the Senate Education Committee.
SB 507, relating to the repeal of WV EDGE has completed the legislative action. WV EDGE became unnecessary with the passage of the dual enrollment pilot program. Bill Status: The bill passed on February 20 and now awaits the governor’s signature.
Four education-related bills are pending to complete legislative action:
- SB 172, revising the requirements of local school improvement councils. It would allow to change the training from yearly to upon employment and every three years thereafter. Bill Status: The bill will go back to the Senate to either concur with the amendments, offer their own amendment, or take no action.
- SB 602, relating to the Cardiac Emergency Response Plan Act (CERPA). County boards of education would have to create and implement a CERPA with existing funding and staff beginning in the 2024-2025 school year. The plan would address the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while on school grounds. The bill states a CERPA would also include school athletics. Bill Status: The bill will go back to the Senate to either accept the changes, offer their own, or take no action.
- HB 4832, relating to state superintendent’s reports regarding the finances of school districts. The bill would require the state superintendent to report on the finances of each school district to the Legislative Oversight Commission on Education Accountability (LOCEA). If a district fails to report its finances to the state superintendent, state funding could be reduced. Bill Status: The bill will go back to the House to either concur with the amendments, offer their own amendment, or take no action.
- HB 4860, providing that a general education teacher may not be responsible for accommodation logs. This bill was completely altered to make it a REQUIREMENT for all teachers to document all modifications daily as they occur. The bill passed 32-2 on February 21 with Senators Caputo and Woelfel voting against it. This bill was written to provide relief from the burdensome paperwork but has been altered to actually make the situation worse than it currently is. As a result of the Senate changes, every teacher will now be required to document those modifications daily on a log created by the department of education. We thank Senators Caputo and Woelfel for voting against added paperwork. Bill Status: The bill will go back to the House to either concur with the amendments, offer their own amendment, or take no action. Contact your delegate and ask that they reject the Senate changes and return the legislation to its original form and intent.
Additionally, the House Education Committee met yesterday to discuss two Concurrent Resolutions.
- The first was an originating resolution relating to foster care support services. The resolution would request the state department and the Bureau for Social Services meet to ensure that foster care students have access to academic support services in reading and mathematics for elementary, middle and high school students. An amendment was offered to add “and mental health support”. The amendment passed. There are about 6,500 foster care students currently in WV. A motion to report the Concurrent Resolution as amended was adopted.
- House Concurrent Resolution 77 would study the cost of an alternative school in each county that doesn’t have an alternative school. An amendment was offered to add “alternative school in elementary, middle and high school level”. The amendment passed. The motion to report House Concurrent Resolution 77 as amended was adopted.
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Week Five
It is day 38 of 60 under the dome. One education-related bill that needs your attention is the Committee Substitute for HB 4654, which passed on the House Floor today and now heads to the Senate. This bill removes bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and displaying obscene matter to a minor. The bill could create a great deal of problems for our educators and libraries. Time to raise your voice and contact your senator today about HB 4654!
Seven education-related bills passed through one chamber this week:
- The Committee Substitute for SB 370, updating Public Employees Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals. Bill Status: The bill passed by a 33-0 vote on February 14 and goes to the House Judiciary Committee.
- The Committee Substitute for SB 614, relating to elementary behavior intervention and safety. Senators questioned the bill’s sponsor, Senator Grady, about the lack of funding to support the intervention strategies included in the bill. Senator Grady expressed that counties already have resources in place and the ability to share those resources. Bill Status: SB 614 passed on a 32-1 vote on February 12 and heads to the House Education Committee.
- The Committee Substitute for 4654, removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to a minor of obscene matter. An amendment was offered by Delegate Pushkin to extend the exemption to include teachers teaching approved curriculum, but the amendment failed. In its current state, this bill has the potential to create problems for educators. Bill Status: The bill passed on an 85-12 vote on February 16 and goes to the Senate.
- The Committee Substitute for HB 4951, facilitating the interstate practice of School Psychology in educational or school settings. Bill Status: HB 4951 passed by a vote of 98-2 on February 13 and heads to the Senate Education Committee.
- The Committee Substitute for HB 4986, relating to computer science and cybersecurity instruction for adult learners. Bill Status: The bill passed by a vote of 95-4 on February 13 and goes to the Senate Education Committee.
- HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation. This bill requires 5 years of experience in transportation or one year to achieve certification as a bus operator for the director and other positions. Bill Status: The bill passed on a 51-47 vote and heads to the Senate Education Committee.
- The Committee Substitute for HB 5262, relating generally to teacher’s bill of rights. Bill Status: The bill passed by a vote of 100-0 on February 13 and goes to the Senate Education Committee.
Additionally, the House adopted HCR 24, creating a study resolution to study the school aid formula on February 13. This resolution now heads to the Senate Education Committee.
Two education-related bills completed the legislative process:
- SB 605, requiring electronic funds transfer of retirement contributions by participating employers. Bill Status: This bill completed legislation on February 16 and awaits the governor’s signature.
- HB 5153, relating to revising, updating, and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. Bill Status: The bill completed legislation on February 13 and awaits the governor’s signature.
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Week Four
The legislative session reached its halfway point this week. WVEA President Dale Lee gave a presentation on the results of the scientific WVEA member polling, which outlined the issues in public education and the potential solutions. The report highlighted the lack of respect, pay, and discipline issues that are driving teachers out of the profession and leading to poor working and learning conditions in our schools. After the presentation, delegates had the opportunity to ask questions.
Delegates wanted specific examples of how student behavior issues are having such an impact on the classroom. Contact the House Education Committee now and share your experiences, so they know how real the crisis is in our public schools.
Seven education-related bills passed the House, which include:
- The Committee Substitute for HB 4851, allowing public and private schools in West Virginia to employ security personnel. Bill Status: The bill passed on February 8 with a vote of 89-0-11 and heads to the Senate.
- HB 4863, the Patriotic Access to Students Act. This defines patriotic societies as any youth group listed in Title 36 of the US Code, and allows them the opportunity to speak and recruit at public schools. Delegate Young offered an amendment to add private schools. The motion failed on the grounds the Legislature cannot direct mandates on private schools. Bill Status: The bill passed on February 7 with a 95-0-5 vote and now goes to the Senate Education Committee.
- HB 5056, relating to substitute service personnel positions. The bill would allow service personnel to substitute on a day-to-day basis in a position outside their regular full-time position if they meet the requirements. Bill Status: The bill passed on February 7 with a 95-0-5 vote and heads to the Senate Education Committee.
- HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. This bill updates to reflect that the HEPC oversees the scholarship and provides technical cleanup language to the code. Bill Status: The bill passed on February 7 with a 96-0-4 vote and now goes to the Senate.
- The Committee Substitute for HB 5158, making technical corrections to the special education code. This bill defines Local Educational Agency and makes technical corrections. Bill Status: The bill passed on February 7 with a 96-0-4 vote and heads to the Senate Education Committee.
- The Committee Substitute for HB 5179, relating to the creation of “Jaycie’s Law” and pertains to student parents. This bill provides for excused absences for student parents with time periods for natural births and C-section births and medical appointments. Delegate Longanacre offered an amendment to replace “may” refer to “shall” refer. Delegate Young offered an amendment to the amendment to add a list of women’s health care providers available in the county. The amendment to the amendment failed. The original amendment by Delegate Longanacre passed. Delegate Young offered an amendment to add language to receive the services while they are pregnant. The amendment passed. Bill Status: The bill passed on February 7 with a 96-0-4 vote and now goes to the Senate.
- The Committee Substitute for HB 5200, requiring that school counselors serving students in preschool through the 12th grade participate in the School Counselors Conference at least once every two years. Delegate Foster offered an amendment to provide the training at no cost to the counselors. The amendment passed. Bill Status: The bill passed on February 7 with a 79-14-4 vote and heads to the Senate Education Committee.
The Senate passed four education-related bills. Those include:
- The Committee Substitute for SB 466, requiring state board of education to develop Safety While Accessing Technology (SWAT) education program. This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology. Bill Status: The bill passed on February 5 with a vote of 34-0-0 and heads to the House Education Committee.
- The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion, or contact with a student, along with clarifying that the offense applies to a student of any private or public elementary or secondary school. Bill Status: The bill passed on February 6 with a 34-0-0 vote and now goes to the House Judiciary Committee.
- SB 507, relating to repeal of WV EDGE. The dual enrollment bill from last year (HB 2005) did away with the need for the program. Bill Status: The bill passed on February 7 with a 31-0-3 vote and heads to the House Education Committee.
- SB 529, including Salem University in the PROMISE Scholarship program. The bill also strikes Alderson Broaddus University from the language in the bill. Bill Status: The bill passed on February 7 with a 31-0-3 vote and now goes to the House Education Committee.
Week Three
The West Virginia Department of Education presented the results of a survey taken by 2,222 teachers in November of this school year. The key findings were student behavior, compensation and benefits, and teacher burnout. These findings reinforce the results from WVEA’s member survey that President Dale Lee presented last week. Additionally, President Dale Lee will present the WVEA member survey results next week to the House Education Committee.
Five education-related bills passed in the House. Those include:
- HB 4776, relating to adding elementary schools into school disciplinary measures. The bill adds elementary schools to the discipline bill that passed last session. Bill Status: The bill passed 92-4 with 4 absent on January 31 and now heads to the Senate Education Committee.
- The Committee Substitute for HB 4830, addressing the professional development of teachers. This bill would amend annual required professional development such as suicide prevention from annual to every three years. Bill Status: The bill passed 96-0 with 4 absent on January 31 and goes to the Senate Education Committee.
- HB 4832, relating to state superintendent’s reports regarding the finances of school districts. The bill requires an annual report of all county systems financial reports to be given to the Legislative Oversight Commission on Education Accountability (LOCEA). Bill Status: The bill passed 96-0 with 4 absent on January 31 and now heads to the Senate Education Committee.
- HB 4838, requiring county boards of education to provide long-term substitute teachers, upon hiring, with certain information. This gives long-term substitutes access to 504 plans and IEPs. Bill Status: The bill passed 96-0 with 4 absent on January 31 and goes to the Senate Education Committee.
- HB 4860, providing that a general education teacher may not be responsible for accommodation logs. This bill states a general education teacher shall not be required to keep a daily accommodation log but must provide evidence of one accommodation each grading period. Bill Status: The bill passed with a vote of 90-7 with 3 absent on January 30 and will head to the Senate Education Committee.
Two education-related bills passed by the Senate include:
- SB 189, providing for substantial deference to state school superintendent’s interpretations of school law. This substantial deference would apply to both the Public Employees Grievance Board and County Boards of Education. Bill Status: The bill passed with a Senate vote of 30-2 with 2 absent on January 30 and now heads to the House Education Committee.
- SB 487, requiring periodic review of professional development for teachers and education staff. Bill Status: The bill passed with a Senate vote of 33-0 with 1 absent on January 31 and goes to the House Education Committee.
Yesterday, the House Education Committee passed HB 5262, the teacher’s bill of rights. However, the WVEA is working with House Education Leadership to improve the bill as it gets reported to the floor.
Now is the time to share your stories about discipline and disruptive student issues in the classroom. Contact your legislators today to let them know!
Week Two
There has been some activity under the dome. The Senate passed the following three education-related bills this week:
- Committee Substitute for SB 152 displays the official US motto in public schools. The Committee Substitute changed the bill from displaying the motto in all buildings to all classrooms. The bill passed with a 31-1-2 vote. Bill status: The bill passed the Senate on January 23rd and will now head to the House Education Committee.
- Committee Substitute for SB 280 allowing teachers to discuss scientific theories. The Committee Substitute changed the wording from “teach intelligent design” to “discuss scientific theories.” The bill passed by a 31-2-1 vote. Bill status: The bill passed the Senate on January 23rd and is now pending in the House.
- Committee Substitute for SB 293 creating the Glucagon for Schools Act. The Committee Substitute added notifying the student’s health care provider of the administration of the glucagon to the post-administering steps. The bill passed with a 33-0-1 vote. Bill status: The bill passed the Senate on January 23rd and will now head to the House Health and Human Resources Committee.
The House passed one education-related bill this week, HB 4769, by a vote of 94-3-2. This is the school counselor bill that clarifies appropriate and inappropriate duties along with providing the definition of a school counselor. Bill status: The bill is now pending in the Senate.
Additionally, there was a public hearing for HB 4654 in the House Chamber. This bill would remove schools, museums, and public libraries from the exemption in the code that protects these types of entities from prosecution for distribution and displaying obscene matter to a minor. This is a concern because the definition of obscene is not in the bill and striking the language of “school, in the presentation of local or state-approved curriculum.” During the public hearing, WVEA President Dale Lee shared these concerns when he spoke in opposition to HB 4654. This bill remains in the House Judiciary Committee.
During the Senate Education Committee meeting yesterday, WVEA President Dale Lee presented the results of the scientific WVEA member survey outlining issues in public education and our potential solutions. The Committee received a copy of the results and had the opportunity to ask questions. WVEA President Dale Lee will hopefully present to the House Education Committee next week.
Be heard this session! Now is a great time to contact your legislators, so they know how you feel about the education-related bills. Want to receive text alerts from WVEA on pressing legislative issues? Sign up now! Also, check out our daily Lobbyline, which reports education-related bills that move through committees and on the floor.
Week One
The session began with Governor Justice delivering his final State of the State address to a joint session of the state House and Senate. Governor Justice’s speech was lacking in specifics or details and covered a multitude of topics. He mentioned a proposed Child and Dependent Care Tax Credit for those struggling with daycare, which can be written off their taxes. He also mentioned $50 million to WV State University for a state agriculture lab, $150 million for the School Building Authority, $10 million for Communities in Schools, the desire to amend legislation passed last year regarding the student athlete transfer rule, $1.6 million to Fairmont State University for dual enrollment courses, $5 million in seed money for charter schools, the desire to totally eliminate taxes on social security benefits and a continued reduction in the state income tax. He will also propose a pay raise of 5% for teachers, service personnel, and all those employed in government. The governor indicated the pay raise will cover the PEIA premium increase and provide a little more money in employees’ pockets.
WVEA held a press conference to present the results from a recent member survey. Some of the top issues include school employee salaries, student behavior, stress and burnout, cost of employee health care, lack of respect, employees leaving the profession, and public funding going to charter schools and vouchers. WVEA plans to present the findings of the survey to both the Senate and House Education Committees and work with lawmakers to create policy that addresses the educators’ concerns.
Many rollover bills were introduced during the first week of the session. A ‘rollover’ bill is one that was introduced in last year’s session and was not passed. Some of those bills are now beginning to move. The Senate passed the education-related bills listed below.
- SB 143 creating the WV Guardian Program, which allows a county board of education to contract with an independent contractor who is an honorably discharged veteran, former state trooper, former deputy sheriff, or former federal law-enforcement officer as security on school grounds. The bill passed the Senate on January 12th and will head to the House Education Committee.
- SB 144 requiring each county board to ensure that its meetings are open to the public through in-person attendance and broadcast live on its website. The bill passed the Senate on January 12th and will now head to the House Judiciary Committee.
- SB 146 creating an adult education task force to consider funding for adult education learning centers. The bill passed the Senate on January 12th and will head to the House Education Committee.
- SB 159 prohibiting persons convicted of certain crimes against minors from holding positions on boards of education passed. The bill passed the Senate on January 12th and will now head to the House Judiciary Committee.
- SB 162 establishing the Summer Feeding for All Program, which allows schools to assist with the feeding of our students during the summer break. The bill passed the Senate on January 12th and will head to the House Education Committee.
- SB 172 revising requirements of local school improvement councils. This will define the make-up of the parents on the improvement council and require the minutes of the meetings. The bill passed the Senate on January 12th and will now head to the House Education Committee.
Your voice matters! West Virginia lawmakers need to hear directly from educators who are the true experts of public education. Contact them here. Tell legislators your story and the stories of our students. They need to know how their actions, or inactions, impact academic success in our public schools.
Tune in next week for WVEA President Dale Lee’s video!