Legislative Wrap-up
The 2025 West Virginia Legislative Session concluded at midnight on Saturday, April 12. We appreciate everyone who took the time to contact their legislators during the session to advocate for public education and education employee issues. It is crucial that we continue to have conversations with legislators to convince them to support and improve our public schools.
Unfortunately, this session resulted in reduced accountability for private and home schools, large increases in public money being diverted away from public education to be spent on private and home education, and Band-Aid solutions to complex issues. The only increase in education funding was an additional $100 million allocated to the Hope Scholarship, which takes money away from public education. Key issues like stabilizing PEIA costs, salary increases, school funding formula, foster care system, and others, were left unresolved with talk of a potential special session this summer. The events of the past 60 days have demonstrated that the majority of our elected officials simply do not value public education.
A number of education-related bills passed during this session, and some have already been signed into law by Governor Morrisey. The following bills were passed by the legislature.
- HB 2003 limits the use of cell phones in the classroom setting. The bill defines a “Personal Electronic Device” as any portable device capable of wireless communication or computing including, but not limited to, cell phones, tablets, laptops, smartwatches, and portable gaming systems not provided by a county board of education. The bill allows county boards to adopt their own policies to further describe where and how the devices may be used and stored, but requires all violations be documented in WVEIS and the data is to be reviewed annually by the school’s LSIC. The governor signed the bill on April 29 and it goes into effect on July 9, 2025.
- HB 2129 is known as the Parents’ Bill of Rights. The bill gives parents the ability to direct the education, moral or religious training, and medical care of their children. The bill allows any aggrieved person to bring an action for injunctive relief against a person who engages in conduct that constitutes a violation of the bill in circuit court. The circuit court may grant any appropriate injunctive relief to prevent or abate the conduct, including a temporary restraining order, preliminary injunction, or permanent injunction. The governor signed the bill on April 14 and it goes into effect on July 2, 2025.
- HB 2164 would allow both public and private schools in West Virginia to employ security personnel and describe who could be hired and what their training would consist of. School security personnel may detain, but not arrest, and may carry a firearm. The governor signed the bill on April 25 and it goes into effect on July 11, 2025.
- HB 2167 relates to code provisions in public charter schools. The bill clarifies that public charter schools may not charge full-time tuition and may only charge such tuition or fees as may be imposed by non-charter public schools in West Virginia, for part-time Hope Scholarship enrollment or for participation in student activities. The bill allows a closing public school to be eligible for a fast-track charter school conversion for its upcoming school year and provides a tracking process for when a parent or guardian withdraws a student from a public charter school. The governor signed the bill on April 29 and it goes into effect on July 10, 2025.
- HB 2411 relates to required graduation credits and mandates one full credit hour in Computer Science taught in grades 8–12. The course may substitute one math credit or one personalized education plan credit and the requirement would begin with the entering ninth grade class of 2027–2028. The governor signed the bill on April 30 and it goes into effect on July 10, 2025.
- HB 2499 requires a training course for principals employed in the public schools, appropriate central office personnel, superintendents, and county board of education members. The course covers subject areas such as workplace rights and protections as well as IEP formats and requires principals to cover this information in person with staff. The governor signed the bill on April 29 and it goes into effect on July 1, 2025.
- HB 2513 enhances training requirements for county board of education members. The training requirement would increase from seven to 12 hours, encompassing fiscal management and IDEA issues. This bill also establishes a rate of $260 per meeting for board reimbursement unless a county decides to pay less. The governor signed the bill on April 14 and it goes into effect on July 3, 2025.
- HB 2548 clarifies the duties of the state superintendent regarding rule implementation. The bill requires the State Superintendent to report annually to the Legislative Oversight Commission on Education Accountability (LOCEA) regarding the implementation of state board rules in each county school district. It provides a mechanism to reduce funding for counties that are out of compliance and requires the state superintendent to devise a remediation plan for them. The governor signed the bill on April 14 and it goes into effect on July 1, 2025.
- HB 2755 focuses on legislative control over the Department of Education. The bill would eliminate the State Board’s constitutional authority to pass policies and exercise general supervision over public schools. It will allow politicians the ability to make decisions impacting the operation of public schools. This bill is similar to the Constitution Amendment rejected a few years ago by the citizens of WV. This bill became law without governor’s signature and it goes into effect on July 11, 2025.
- HB 3125 removes restrictions on teachers receiving permanent teaching licenses. The bill removes additional course work needed to receive a permanent teaching certificate when teachers have a bachelor’s degree and 10 years teaching experience, hold a valid teaching certificate, and do not have any unsatisfactory evaluations. This bill is effective from passage.
- HB 3166 sets requirements for school safety mapping data. It also makes plans available to law enforcement and other agencies. The governor signed the bill on April 29 and it goes into effect on July 11, 2025.
- HB 3209 provides that, beginning August 1, 2025, each county shall employ two school counselors to each 1,000 students to net enrollment. The counties may follow the ratio of one counselor to every 400–450 students in elementary and middle school, one counselor to every 250–300 in high school. The governor signed the bill on April 28 and it goes into effect on July 1, 2025.
- HB 3356 is the supplemental appropriation of $28.4 million for the Hope Scholarship. This bill is effective from passage.
- HB 3357 uses lottery surplus funds for a supplemental appropriation of $33.8 million to the Hope Scholarship. This bill is effective from passage.
- SB 154 provides that school employees are prohibited from providing instruction related to sexual orientation or gender identity, but does not prohibit 1) responding to student questions during class regarding sexual orientation or gender identity as it relates to any topic of instruction; 2) referring to the sexual orientation or gender identity of any historic person, group, or public figure when such information provides necessary context in relation to any topic of instruction; 3) referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as an instance of bullying; or 4) referring to sexual orientation and gender identity as part of curriculum established in a dual enrollment or advanced placement course. School employees are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex. Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian. Parents may file complaints pursuant to WVBE Policy 7211. School personnel found in violation of this section may be subject to discipline or dismissal pursuant to W. Va. Code §18A-2-8. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
- SB 199 addresses disruptive student behaviors. Teachers may exclude from class students who are guilty of disorderly conduct; who interfere with an orderly education process; who obstruct the teaching and learning process of others; who threaten, abuse, or intimidate a school employee or student; who willfully disobey a school employee; or who use abusive or profane language directed at a school employee. Counties may partner with licensed behavioral health agencies to correct student behaviors. Students in alternative placements must regularly meet with a school social worker, behavioral specialist, board certified behavior analyst, school psychologist, or other qualified employee with expertise in the behavioral area to address behavioral and mental health concerns and to assist in developing a transition plan back to the classroom. When a grade kindergarten through six teacher in an elementary setting, or pre–K teacher at a publicly funded pre–K facility, determines that the behavior of the student is violent, threatening, or intimidating toward staff or peers, or creates an unsafe learning environment or impedes on other students’ ability to learn in a safe environment, the student shall be referred to the school counselor, school social worker, school psychologist, or behavior interventionist who shall conduct a functional behavioral assessment to assess underlying causes of the student’s behavior. A behavioral plan established by the counselor shall be followed for a period of two weeks. After that, a re-evaluation of the student’s behavior shall be conducted and if adequate progress is being made, the behavioral plan shall continue. If the evaluation does not show adequate progress, the principal, teacher, and school counselor, school social worker, school psychologist, or behavior interventionist shall determine whether the plan needs to be changed. If the plan is amended and, after another period of two weeks, the student still has not shown adequate progress then the student shall be placed in a behavioral intervention program or with a licensed behavioral health agency the county has established, has partnered with another county board to establish, or has gained access to for its students through an agreement with another county board for the purpose of addressing such behaviors. If the county board has not established, partnered with another county board to establish, or gained access through an agreement with another county board to a behavioral intervention program: (1) The student shall be removed from the classroom immediately after the incident and removed from the presence of other students for the remainder of the school day; (2) The parents shall be notified and shall pick the student up from school preferably immediately, but by the end of the day at the latest, upon which the student shall be considered suspended from school; (3) If a student has to ride the bus home, that student shall ride the bus under the supervision of a principal, vice principal, or an individual designated by the principal to ensure the safety of the student, the bus driver, and other students on the bus; (4) The student shall continue to be suspended for the next one to three school days while alternative learning accommodations are made; (5) The student may be evaluated under Child Find and may be referred for a functional behavior analysis pursuant to the Individuals with Disabilities Education Act; (6) The student shall receive his or her education through the alternative learning accommodations and may not return to school until a risk assessment is done; (7) After the risk assessment, the student’s return to school shall be on a provisional basis for a period of five to 10 days. If another incident as described in this subsection occurs within that time frame, or repeated instances occur following the time frame, the student shall be subject to the provisions of §18A-5-1a for purposes of expulsion; (8) If the virtual school option is the agreed upon method of alternative education, then the student can begin the program at such time the decision is made; and (9) If the principal or vice principal disagree with the actions of the teacher, the principal or vice principal may provide written documentation on their disagreement, the teacher may provide written documentation on their disagreement, and both the principal/vice principal or the teacher may appeal to the county superintendent. When a grade six through 12 teacher, excluding an elementary school teacher, determines that the behavior of the student is disorderly conduct, is interfering with an orderly educational process, or obstructs the teaching or learning process of others in the classroom: (1) The student may be excluded from that teacher’s classroom and, if excluded, may not re-enter that teacher’s classroom for at least the remainder of the instructional day; The principal shall communicate with the teacher within 24 hours of the student being excluded from the teacher’s classroom about the exclusion; The teacher has 24 hours to create an electronic record and place the report of this action into the WVEIS without any repercussion to the teacher; and if the student is removed from a classroom a total of three times in one month the student shall receive, as determined by the principal, an in-school suspension, an out-of-school suspension, or may be considered for placement in an alternative learning center or with a licensed behavioral health agency if one is available within the school district. The governor signed the bill on April 15 and it goes into effect on July 2, 2025.
- SB 275 removes the requirement that school cooks or custodians hold a high school diploma or equivalent. This bill is effective from passage.
- SB 280 requires the display of the official motto of the United States (In God We Trust) in all public elementary and secondary schools in a common area of the building that is accessible to the public. Schools may accept and use private donations for this purpose and no public funds may be used. The governor signed the bill on April 29 and it goes into effect on July 11, 2025.
- SB 282 continues, until 2030, to permit a person receiving retirement benefits under the Teachers Retirement System to accept employment as a critical needs substitute teacher or bus operator for an unlimited number of days each fiscal year if a county adopts a critical need policy that is approved by the State Board of Education. When a retired teacher or bus operator is employed as a critical needs substitute to fill a vacant position, the county board shall continue to post the vacant position until it is filled with a regularly employed teacher who is fully certified or permitted for the position, however, the posting is only required to occur once at the beginning of the year and once mid-year; the posting requirement does not apply when filling a teaching position of a regular teacher on leave of absence and does not apply when a position is filled with a regularly employed teacher who is fully certified or permitted for the position but the teacher is not available at the time he or she accepts the position. This bill is effective from passage.
- SB 283 expands the grade levels of personal finance course requirements for grades 8–12. The governor signed the bill on April 1 and it goes into effect 90 days from passage.
- SB 449 allows compressed air and rimfire shooting teams in public schools. The bill permits air rifles and rimfire rifles on school buses solely during transportation to or from a school-sponsored shooting team event, on the grounds of any primary or secondary educational facility of any type for shooting team purposes. It also requires that during the school day or at any time other than school-sponsored team events or practices, the air rifles and rimfire rifles be locked up in a location where students do not have access. The governor signed the bill on April 24 and it goes into effect on July 10, 2025.
- SB 474 ends diversity, equity, and inclusion programs. A school district, a public charter school, the West Virginia Board of Education, the West Virginia Department of Education, or any employee of the aforementioned entities may not provide instruction in, require instruction in, make part of a course, or require a statement or affirmation by any employee of the following concepts: (1) One race, ethnic group, or sex is morally or intellectually superior to another race, ethnic group, or sex for any inherent or innate reason; (2) An individual, by virtue of the individual’s race, ethnicity, or sex, is racist, sexist, or oppressive, whether consciously or unconsciously for any inherent or innate reason; (3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity, or sex; (4) An individual’s moral character is strongly influenced by the individual’s race, ethnicity, or sex; (5) An individual, by virtue of the individual’s race, ethnicity, or sex, bears responsibility for actions committed by other members of the same race, ethnic group, or sex; (6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or sex; and (7) Academic achievement, meritocracy, or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group, or sex to oppress members of another race, ethnic group, or sex. It does not prohibit: (1) The discussion of those concepts in theory as part of an academic course if discussion of alternative theories is also included in the course; (2) The discussion, examination and debate that race, ethnicity, or sex has impacted historical or current events, including the causes of those current or historical events; (3) The right to freedom of speech protected by the First Amendment of the United States Constitution and the West Virginia Constitution outside the context of employment with any school district or public charter school; and (4) An office or position operating with the sole and exclusive mission of ensuring legal compliance under Title IX of the federal Education Amendments Act of 1972 or the West Virginia Human Rights Act. Any student, parent, or guardian of a student, or employee aggrieved by an alleged violation of this section may file a complaint with the school principal. Appeals to adverse ruling or no rulings may be filed with the county superintendent and State Superintendent. Each school principal shall report the number of complaints filed with him or her the previous school year, the nature of each complaint, and the resolution of each complaint to the county superintendent annually by August 1. The county superintendent shall report the number of complaints filed in his or her county the previous school year, the nature of each complaint, and the resolution of each complaint to the State Superintendent annually by September 1. County board and public charter school employees shall not be: (1) Required to use a student’s preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student’s sex; (2) Civilly liable for using a pronoun that is consistent with the sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student’s preferred pronoun; and (3) Subject to an adverse employment action for not using a student’s preferred pronoun if the student’s preferred pronoun is inconsistent with the student’s sex. The bill also contains similar provisions for higher education, and prohibits state agencies from any action, attempt, or effort to: (A) Influence hiring or employment practices with respect to race, color, sex, ethnicity, or national origin, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal anti-discrimination laws; (B) Promote or provide special benefits to individuals on the basis of race, color, ethnicity, or national origin; (C) Promote policies or procedures designed or implemented in reference to race, color, ethnicity, or national origin, other than to ensure compliance with an applicable court order or state or federal law; or (D) Conduct trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, or national origin, other than trainings, programs, or activities developed for the sole purpose of ensuring compliance with an applicable court order or state or federal law. It also prohibits any department, division, agency, or board of this state from (1) Establishing or maintaining an office or division or other unit by any name whose purpose, in whole or in part, is the promotion of diversity, equity, and inclusion; (2) Hiring or assigning an employee or contract with a third party to promote diversity, equity, and inclusion; (3) Compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement; (4) Giving preference on the basis of diversity, equity, and inclusion to an applicant for employment, an employee, or a participant in any function of the office or department; or (5) Requiring as a condition of employment that an employee participate in diversity, equity, and inclusion training. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
- SB 531 relates to offenses on athletic officials. The bill makes it a crime for assault and battery against athletic officials including coaches, administrators, school officials, etc. This bill was vetoed by the governor.
- SB 581 expands the criteria for excused absences for students. Originally, the bill focused on exempting 4-H activities. It was amended to include all WVDE-sanctioned student organizations, such as SkillsUSA, FBLA, HOSA, and the Common Ground Partnership. Additionally, the bill allows for up to five excused college visits. The governor signed the bill on April 24 and it goes into effect on July 11, 2025.
- SB 650 relates to full-time interventionists. The bill clarifies that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional-related requirements for kindergarten through third grades in both classrooms. A part-time interventionist may only be assigned to one classroom. This bill is effective from passage.
- SB 765 establishes the Troops-to-Teachers Program. This provides a pathway for military veterans to become certified teachers without going through traditional teacher training programs. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
- SB 912 relates to the student growth assessment program. The bill requires the program to be composed of benchmark assessments administered in the first 30 days of the school year, mid-year, and at the end of the school year to determine student progression in reading and mathematics in grades 4–8. The governor signed the bill on April 25 and it goes into effect on July 11, 2025
- SB 914 removes requirements for private and church schools to report assessment data to the public, parents, and the State Board of Education unless requested. The bill also changes the amount of instructional time in the private and church schools to the equivalent of 900 hours. This bill is effective from passage.
Failed to pass:
- HB 2143 required elementary school teachers to be certified in the science of reading. This bill would have required teachers to take 130 hours in the science of reading. The training would have been provided free of charge by the West Virginia Department of Education. The hours would have counted toward a master’s degree or plus hours for salary purposes. There was no funding to compensate teachers for their time spent completing the training.
- HB 2187 allowed teachers, administrators, and support personnel in grades K-12 to carry concealed firearms, tasers, and/or pepper spray and be designated as a school protection officer (SPO). This bill never made it out of committee.
- HB 2515 provided mechanisms to remove disruptive students and completed risk assessments for those identified as violent, threatening, or intimidating. Schools with a behavior interventionist could have requested a waiver of the requirements as long as they could show a successful program. There was no funding to assist schools in implementing the required assessments and alternate settings and may have resulted in early learners being placed in virtual settings for long expulsion periods.
- HB 2635 ensured classroom sizes in grades K–2 remained equal without losing a teacher’s aide.
- HB 2776 required Department of Health to report positive Alpha Gal tests to CDC. However, the Senate Health Committee amended the bill by adding language from SB 460, providing vaccine exemptions. SB 460 failed on the House floor, and this was an attempt to revive the bill.
- HB 2973 pertained to the venue for legal actions against the WVSSAC.
- HB 3422 required the State Board of Education to design, test, and deploy an internet-based reporting system to be known as the School Choice Portal. This endeavor would have cost a staggering $873,000 in the first year and $780,000 each year thereafter. In a year when there seems to be no funding to address the real needs of public education, there always seems to be funding for home school/private school initiatives.
- HB 3452 would have transferred administration of Advanced Career Education (ACE) classes and programs from county boards of education to community and technical colleges.
- SB 37 allowed certain Teachers Retirement System members to exchange unused leave for monetary compensation. To incentivize attendance, any classroom teacher who first became a member of the Teachers Retirement System on or after July 1, 2015,could have sold up to 10 unused days of personal leave back to the county board at the end of the school year in exchange for a salary enhancement equal to 80%, per day, of the pay rate used by the county board to compensate substitute teachers having a bachelor’s degree and 10 years of experience. The bill died in House Finance Committee.
- SB 89 created alternative high-risk population public charter schools. The purpose of this bill was to authorize alternative high-risk population public charter schools and provide for rulemaking by state board to determine funding. The high-risk charter school would have had to maintain a 70% ratio of students which is identified as high risk.
- SB 197 limited the requirements for issuance of professional teaching certificate. The purpose of this bill was to limit certain Praxis requirements.
- SB 460 was the governor’s vaccine bill that allowed for religious exemptions and physician exemptions from mandatory vaccination requirements. This bill would have put our children, immunocompromised individuals, and communities at risk for unnecessary disease. The House rejected this bill.
- SB 547 created the Charter Schools Startup Fund. Subject to funding availability, each qualifying charter school applicant or charter school would have been awarded an initial grant of up to $300,000.00, with an additional $100,000.00 to be awarded later. The bill died in House Finance Committee.
- SB 548 created the Safety and Violence Education for Students Act. The bill would have added a new section of code that required all schools serving students grades six through 12 to provide to students at least one hour, or one standard class period, of evidence-based youth violence prevention training each school year and required all schools serving students grades K–12 to provide to students at least one hour, or one standard class period, of evidence-based social inclusion training each school year.
- SB 585 was the Cohen Craddock Student Athlete Safety Act. The bill would require the use of guardian caps during high school and middle school football practices, provide warranty and certification related to the usage of certain safety equipment, and establish the Cohen Craddock Memorial Grant Program, honoring the life of a Madison Middle School student who lost his life after a head injury sustained at football practice.
- SB 646 increased the number of non-traditional instruction days available from five to 10 and made out-of-calendar days unavailable for rescheduling as instructional days for any reason.
- SB 911 related to adjunct teaching permits. The bill would have allowed adjunct teaching permits to be issued in our K–12 schools for specific classes, such as math and science, to individuals who had no teacher training.
Week Nine
4/11/25
The Legislature will conclude its Regular Session on Saturday, April 12 at midnight. To accommodate the end of the session and sorting through the happenings of the final day, WVEA’s Legislative Wrap-up will be completed and emailed to members by April 16.
In the meantime, be sure to check out today’s Lobbyline for the latest updates on activities under the dome. If you have concerns about specific bills, don’t hesitate to contact your legislators.
Week Eight
4/4/25
As the legislative session winds down, Wednesday was the deadline for bills to pass out of their chamber of origin. If a bill did not pass the chamber of origin on Wednesday, it is most likely dead for this session. However, this does not apply to the budget bill or supplementary appropriation bills. This week four education-related bills completed legislation:
- HB 2513 enhances training requirements for county board of education members. The training requirement would increase from seven to twelve hours, encompassing fiscal management and IDEA issues. This bill also establishes a rate of $260 per meeting for board reimbursement unless a county decides to pay less.
- HB 2548 clarifies the duties of the state superintendent regarding rule implementation. The bill requires the State Superintendent to report annually to the Legislative Oversight Commission on Education Accountability (LOCEA) regarding the implementation of state board rules in each county school district. It provides a mechanism to reduce funding for counties that are out of compliance and requires the state superintendent to devise a remediation plan for them.
- HB 3192 repeals obsolete, conflicting or inoperative provisions of code that pertain to higher education.
- SB 282 modifies provisions for the employment of retired teachers as substitutes in areas of critical need and shortage.
Four other education-related bills passed both chambers and are awaiting either the Senate or House to concur before finalizing the legislation. Those include:
- HB 2678 relates to school zones of public or private schools. The bill clarifies that school zones include private schools that have requested the Division of Highways to designate them as such.
- HB 3313 provides more opportunities for high school students in community colleges. An amendment was adopted to change “one year” to “two years” for the program.
- SB 275 removes the requirement that school cooks or custodians hold a high school diploma or equivalent.
- SB 650 relates to full-time interventionists.
16 education-related bills passed one chamber. The Senate passed the following bills:
- SB 89 creates alternative high-risk population public charter schools. The purpose of this bill is to authorize alternative high-risk population public charter schools and provide for rulemaking by state board to determine funding. The high-risk charter school must maintain a 70% ratio of students identified as high risk. Senator Hart (R-Mingo) spoke against including foster kids in the high-risk population for the alternative school. The bill passed the Senate on April 2 and goes to the House Education Committee then House Finance Committee. Contact the House Education Committee!
- The Committee Substitute for Committee Substitute for SB 158 modifies eligibility requirements for serving as a member of the State Board of Education. Members of any political party executive committee or individuals holding any other public office or public employment under the federal government, the government of this state, or any of its political subdivisions are not eligible for appointment to membership on the state board. The bill passed the Senate on April 2. Contact the House Education Committee!
- The Committee Substitute for SB 470 creates the WV Athletic Freedom Act. This bill allows students, coaches and athletic trainers to compete in non-school-sponsored events or participate in non-school-sponsored competitive teams. The bill requires that the interscholastic team be prioritized. The bill passed the Senate on April 2. Contact the House Education Committee!
- The Committee Substitute for Committee Substitute for SB 531 relates to offenses of assault and battery on athletic officials. The bill passed the Senate on March 31. Contact the House Judiciary Committee!
- The Committee Substitute for Committee Substitute for SB 585 relates to the Cohen Craddock Student Athlete Safety Act. The bill requires the use of guardian caps during high school and middle school football practices, provides warranty and certification related to the usage of certain safety equipment, and establishes the Cohen Craddock Memorial Grant Program, honoring the life of a Madison Middle School student who tragically lost his life after a head injury sustained last August at football practice. The bill passed the Senate on April 1 and goes to the House Health and Human Resources Committee then House Finance Committee. Contact the House Health and Human Resources Committee!
- The Committee Substitute for SB 911 relates to adjunct teaching permits. The bill allows an adjunct teaching permit to be issued in our K-12 schools for specific classes, such as Math and Science, to individuals meeting certain specified requirements. The permit allows an individual to be hired to fill a vacant teaching position and allows the adjunct teacher to teach in any content area based on their experience. The bill requires adjunct teachers to be assigned a teacher mentor and requires them to complete specific training and education. The bill passed the Senate on April 1. Contact the House Education Committee!
- The Committee Substitute for SB 912 relates to the student growth assessment program. The bill requires the program to be composed of benchmark assessments administered in the first 30 days of the school year, mid-year, and at the end of the school year to determine student progression in reading and mathematics in grades four through eight. The bill passed the Senate on April 2. Contact the House Education Committee!
- The Committee Substitute for SB 914 relates to testing and attendance requirements for private, parochial, and church schools. The purpose of this bill is to eliminate the minimum instructional time, attendance requirements, and mandatory standardized testing requirements for private, parochial or church schools. The bill removes requirements for private and church schools to report assessment data to the public, parents, and the state board of education. The bill also reduces the amount of instructional time in the private and charter schools to the equivalent of 160 days. The bill passed the Senate on April 2. Contact the House Education Committee!
The House of Delegates passed the following bills:
- The Committee Substitute for HB 2015 relates to liability or other insurance coverage provided by the Board of Risk and Insurance Management to any entity for which such coverage is permissive under state code. The bill passed the House on April 2. Contact the Senate Banking and Insurance Committee!
- The Committee Substitute for Committee Substitute for HB 2167 relates to code provisions in public charter schools. The bill clarifies that public charter schools may not charge full-time tuition and may only charge such tuition or fees as may be imposed by non-charter public schools in WV, for part-time Hope Scholarship enrollment or for participation in student activities. The bill allows a closing public school to be eligible for a fast-track charter school conversion for its upcoming school year and provides a tracking process for when a parent or guardian withdraws a student from a public charter school. The bill passed the House on March 31. Contact your senators!
- The Committee Substitute for Committee Substitute for HB 2777 removes the requirements to submit certain evidence on behalf of home-schooled children. The bill passed the House on April 1. Contact the Senate Education Committee!
- The Committee Substitute for HB 2897 permits the Legislative Auditor to conduct periodic performance and financial audits of the WVDE. The bill passed the House on March 31. Contact your senators!
- The Committee Substitute for HB 3209 provides that, beginning August 1, 2025, each county shall employ two school counselors to each 1000 students to net enrollment. The counties may follow the ratio of one counselor to every 400-450 students in Elementary and Middle School, one counselor to every 250-300 in High School. The bill passed the House on March 31 and goes to the Senate Education Committee then Senate Finance Committee. Contact the Senate Education Committee!
- The Committee Substitute for HB 3279 relates to requirements for WVU and WVSU Board of Governors. Among other things, the bill removes a student representative, a staff representative, and a faculty representative to be a voting member of the board. The bill passed the House on March 31. Contact the Senate Government Organization!
- The Committee Substitute for HB 3422 requires the State Board of Education to design, test, and deploy an internet-based reporting system to be known as the School Choice Portal. The bill passed the House on April 1 and goes to the Senate Education Committee then Senate Finance Committee. Contact the Senate Education Committee!
- HB 3446 permits public high school students to submit a FAFSA prior to graduation. Delegate Statler amended the bill with a strike-and-insert amendment to remove the requirement for high school students to fill out a FAFSA for graduation and requires the school to provide support. The amendment passed. The bill passed the House on April 2. Contact the Senate Education Committee!
This legislature has chosen to avoid looking for solutions to the major issues that are facing them. They have not addressed the stabilization of PEIA costs, salary increases, the school funding formula, the foster care system, etc. Instead, they have dealt with many of the cultural divide issues, reduced accountability for private school and homeschool providers, attempted to eliminate grievance rights for school employees, and tried to apply Band-Aid fixes to complex problems. The only significant money spent on education was to allocate another $100 million for the Hope Scholarship. This clearly shows the priorities of the governor and the legislature. The gossip around the Capitol is that a special session may be called during the summer. At that time, some of the larger issues that have been ignored this session are likely to resurface.
Stay updated by reading Lobbyline next week, and be sure to check out our Legislative Wrap-up, which will be posted by Tuesday, March 15.
Week Seven
3/28/25
With only 15 days left in the legislative session, education bills are moving rapidly. This week, three bills passed both chambers, while 13 education-related bills fully advanced in one chamber.
The Committee Substitute for SB 283 completed the legislative process. This bill expands the grade levels of personal finance course requirements needed for graduation. Two other education-related bills passed both chambers but are waiting for the House to concur in order to complete legislation. These include the Committee Substitute for SB 199, which relates to elementary behavior intervention and safety, and the Engrossed Committee Substitute for HB 2129, the Parents’ Bill of Rights. This bill gives parents the ability to direct the education and medical care of their children. The bill allows parents to seek a court injunction to force state institutions, including public schools and teachers, to cease any activities that they believe are contrary to their wishes for their children’s education.
The Senate passed the following education-related bills:
- The Committee Substitute for SB 54 requires age-appropriate instruction on the Holocaust in public schools. The bill passed the Senate on March 26. Contact the House Education Committee!
- The Committee Substitute for Committee Substitute for SB 474, which would end diversity, equity, and inclusion programs. The bill passed the Senate on March 26 and now heads to the House Education Committee, then House Judiciary Committee. Contact the House Education Committee!
- The Engrossed Committee Substitute for SB 529 relates to liability insurance coverage for the Board of Education. The bill passed the Senate on March 27. Contact the House Finance Committee!
- The Committee Substitute for Committee Substitute for SB 646 increases the number of non-traditional instruction days available from 5 to 10 and makes scheduled out-of-calendar days unavailable for rescheduling as instructional days for any reason. The bill passed the Senate on March 26 and goes to the House Education Committee, then House Finance Committee. Contact the House Education Committee!
- The Committee Substitute for Committee Substitute for SB 652 expands cardiac arrest provisions to apply to elementary schools. The bill passed the Senate on March 26. Contact the House Finance Committee!
- The Committee Substitute for SB 705 requires the State Board of Education to submit newly promulgated rules to Legislature, allowing the Legislature to approve, amend, or reject these rules in whole or in part. Several Senators opposed SB 705, citing it as unconstitutional, noting voters rejected a similar amendment in 2022. The bill passed the Senate on March 26. Contact the House Education Committee!
- The Engrossed Committee Substitute for SB 825 permits higher education institutions to enter into agreements with non-profit organizations for economic development and job creation. The bill passed the Senate on March 27. Contact the House Finance Committee!
- SB 866 requires the WV Board of Education to promulgate legislative rules in consultation with the WV Board of Physical Therapy. The bill passed the Senate on March 28. Contact your delegates!
The House of Delegates passed the following education-related bills:
- The Committee Substitute for HB 2499 would require a training course for principals in public schools and for members of the board of education. The course covers subject areas such as workplace rights and protections as well as IEP formats and requires principals to cover this information in person with staff. The bill passed the House on March 24. Contact the Senate Education Committee!
- HB 2528 permits elementary and middle school students in Christian and private schools to participate in county-level sports tournaments. The bill passed the House on March 28. Contact your senators!
- HB 2646 would permit students in 8th and 9th grades to attend summer school in order to raise their grades and establish academic eligibility to participate in extracurricular activities in the fall. The bill passed the House on March 25. Contact the Senate Education Committee!
- The Committee Substitute for HB 3139 relates to charter schools applications. The bill passed the House on March 25. Contact the Senate Education Committee!
- HB 3313 provides more opportunities for high school students in community colleges. The bill passed the House on March 25. Contact the Senate Education Committee!
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Week Six
3/21/25
Today marks Day 38 of 60 under the dome. This week, 13 education-related bills passed one chamber. Keep reading to find out which bills are making progress.
The Senate passed the following bills:
- Committee Substitute for Committee Substitute for SB 37 would allow certain Teachers Retirement System members to exchange unused leave for monetary compensation. To incentivize attendance, any classroom teacher who first became a member of the Teachers Retirement System on or after July 1, 2015, may sell up to 10 unused days of personal leave back to the county board at the end of the school year in exchange for a salary enhancement equal to 80%, per day, of the pay rate used by the county board to compensate substitute teachers having a bachelor’s degree and 10 years of experience. The payment will be made on or before June 30. Any classroom teacher who sells their unused days of personal leave forfeits those days, and the days shall no longer be available to the classroom teacher for any purpose. The bill passed the Senate on March 19. Contact the House Finance Committee!
- The Committee Substitute for SB 450 establishes the WV Guardian Program. This program establishes parameters for a retired law enforcement officer to contract with a school district to provide security services at a school. They have no arrest authority and would be required to obtain a permit from the county sheriff. The bill passed the Senate on March 20 and now goes to the House Education Committee, then House Finance Committee. Contact the House Education Committee!
- The Committee Substitute for SB 449 allows compressed air and rimfire shooting teams in public schools. The bill permits air rifles and rimfire rifles on school buses solely during transportation to or from a school-sponsored shooting team event, on the grounds of any primary or secondary educational facility of any type for shooting team purposes, and at a school-sponsored shooting team function that is taking place in a specific area that is owned, rented, or leased by West Virginia Department of Education, the West Virginia Secondary School Activities Commission, a county school board, or local public school. It also requires that during the school day or at any time other than school-sponsored team events or practices, the air rifles and rimfire rifles be locked up in a location where students do not have access. The bill passed the Senate on March 17. Contact the House Education Committee!
- The Committee Substitute for SB 547 creates the Charter Schools Startup Fund. Subject to funding availability, each qualifying charter school applicant or charter school shall be awarded an initial grant of up to $300,000.00, with an additional $100,000.00 to be awarded later. The bill passed the Senate on March 19 and now goes to the House Education Committee, then House Finance Committee. Contact the House Education Committee!
- The Committee Substitute for SB 548 creates the Safety and Violence Education for Students Act. The bill adds a new section of code that requires all schools serving students grades six through 12 to provide to students at least one hour, or one standard class period, of evidence-based youth violence prevention training each school year and requires all schools serving students grades K-12 to provide to students at least one hour, or one standard class period, of evidence-based social inclusion training each school year. It also requires the West Virginia Department of Education to develop a list of evidence-based training and materials to fulfill the youth violence prevention training and the social inclusion training. The law is voluntary for public charter schools and nonpublic schools. The bill passed the Senate on March 18. Contact the House Education Committee!
- The Committee Substitute for SB 746 allows the West Virginia Board of Education to authorize public charter schools to be a Medicaid provider. The bill passed the Senate on March 21. Contact your delegates!
The following bills were passed by the House:
- The Committee Substitute for Committee Substitute for HB 2003 prohibits cell phones in class. The bill allows counties to adopt their own policies to further describe where the device may be stored. The data is to be reviewed annually by the school. A committee amendment was adopted by inserting “504 plan” in addition to the IEP and in a medical situation. The Engrossed Committee Substitute for Committee Substitute for HB 2003 passed the House on March 21. Contact your senators!
- The Committee Substitute for HB 2143 requires elementary school teachers to be certified in the science of reading. The Committee Substitute changes the certification to an endorsement in the science of reading and would be free of charge. The bill passed the House on March 17. Contact the Senate Education Committee!
- The Committee Substitute for Committee Substitute for HB 2548 clarifies the duties of the State Superintendent regarding rule implementation. The introduced version was meant to bring the WVDE under rulemaking review of the Legislature. The committee substitute changed the language so that the State Superintendent reports annually to the Legislative Oversight Commission on Education Accountability (LOCEA) instead of requiring the WV Department of Education to obtain the Legislature’s approval before implementing rules. The bill passed the House on March 20. Contact the Senate Education Committee!
- The Committee Substitute for HB 2755 focuses on legislative control over the Department of Education. The bill itself states, “In order to effectuate the provisions of this article, the State Board of Education shall submit all legislative rules for authorization by the Legislative Oversight Commission on Education Accountability and submission to the Legislature for its review and approval, amendment, or rejection, in whole or in part, in the manner prescribed by general law.” This bill, which is also being advanced by the Senate in SB 705, is particularly concerning because it is contrary to existing supreme court caselaw and is in direct conflict with a constitutional amendment that was defeated by West Virginia voters in 2022. The bill would eliminate the State Board’s constitutional authority to pass policies and exercise general supervision over public schools. It will allow politicians the ability to more directly make decisions impacting the operation of public schools. The bill passed the House on March 20. Contact the Senate Judiciary Committee!
- HB 2773 approves rules proposed by the Higher Education Policy Commission regarding the Accountability System and the Underwood-Smith Teaching Scholars and Teacher Loan Repayment Program. The bill also authorizes a rule proposed by the Council for Community and Technical College Education regarding Employing and Evaluating Presidents. The bill passed the House on March 20. Contact the Senate Education Committee!
- The Committee Substitute for HB 3125 would remove restrictions on teachers receiving permanent teaching licenses. This applies to teachers with 10 years experience and good evaluations. The Committee Substitute states any teacher with a Bachelor’s Degree with 10 years experience would be eligible. The bill passed the House on March 21. Contact your senators!
- The Committee Substitute for HB 3166 sets requirements for school safety mapping data. It also makes plans available to law enforcement and other agencies. The bill passed the House on March 21. Contact your senators!
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Week Five
3/14/25
Legislative Update 5
Bills are moving under the dome as the legislative session reaches Day 31. So far, nine education-related bills have cleared one chamber this week. Read on to learn more about these bills and who you can contact to voice your concerns.
The following bills were passed by the Senate:
- Committee Substitute for SB 155 changes the language of the WV Feed to Achieve Act – Summer Feeding for All Program to require every county to conduct an annual countywide survey of public-school students to determine their non-school eating patterns and the availability of nutritional food when schools are closed. The bill would not force counties to provide food, but to share information on where food is available with the assistance of the WV Office of Child Nutrition. The bill passed the Senate on March 10 and now goes to the House Education Committee, then House Finance Committee. Contact the House Education Committee!
- Committee Substitute for SB 199 incorporates school counselors, school social workers, and school psychologists into the protocols of elementary behavior intervention and safety by making them the first step when K-6 elementary classroom teachers need to remove a student due to safety concerns.
- The school counselor, school social worker or school psychologist would then be tasked with conducting a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
- A re-evaluation of the student’s behavior would then take place, and amendments would be made by the principal, teacher, and school counselor, school social worker, or school psychologist if the plan does not show adequate progress.
- If, after another two weeks, the student is still not showing progress with the amended behavior plan, the student would be placed in a behavioral intervention program or with a licensed behavioral health agency that the county has access to. If the county does not have access to a program or agency, the bill states that the student must be removed from the classroom immediately and suspended for one to three days while alternative learning arrangements are made. If parents/guardians cannot pick the student up, the school principal or designee would have to ride the bus home with the student.
- The bill would also require a statewide disciplinary policy.
The bill passed the Senate on March 10. Contact the House Education Committee!
- The school counselor, school social worker or school psychologist would then be tasked with conducting a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
- SB 280 requires the display of the official motto of the United States (In God We Trust) in all public elementary and secondary classrooms and in institutions of higher education. The bill passed the Senate on March 12 and now heads to the House Education Committee, then House Judiciary Committee. Contact the House Education Committee!
- SB 650 clarifies that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional-related requirements for kindergarten through third grades in both classrooms. A part-time interventionist may only be assigned to one classroom. The bill passed the Senate on March 12. Contact the House Education Committee!
The following bills were passed by the House:
HB 2774, the Coach Protection Act provides statutory coverage for coaches, players and school administrators. It makes a criminal penalty for assault and battery, including a mandatory minimum jail sentence of five days for assault and ten for battery. It also provides for a 365-day ban for offenders of athletic events at the school. The bill passed the House on March 12 and now goes to the Senate Education Committee, then Senate Judiciary Committee. Contact the Senate Education Committee!
- Committee Substitute for HB 2164 would allow both public and private schools in West Virginia to employ security personnel and describes who could be hired and what their training would consist of. The West Virginia Guardian program from last year’s legislative session was amended into the committee substitute for public schools only. School security personnel may detain, but not arrest, and may carry a firearm. The bill passed the House on March 13. Contact your senators!
- Committee Substitute for HB 2411 relates to required graduation credits and mandates an increase of one full credit hour to include a course on Computer Science taught in grades 8-12. The bill passed the House on March 11. Contact the Senate Education Committee!
- Committee Substitute for HB 2513 enhances training requirements for county boards of education members. The bill passed the House on March 14. Contact your senators!
- HB 2635 to ensure that classroom sizes are equal without losing a teacher’s aide. The bill passed the House on March 14. Contact your senators!
Week Four
3/7/25
Education-related bills have gained some momentum under the dome. In this update, we highlight the bills that have successfully passed through one chamber, provide details on their current status, and share information on who to contact if you have concerns about any of the bills. Additionally, below are the three most significant education-related bills of concern.
Top 3
- Gender identity and teacher accountability bill relates to students’ requests to a change their gender identity (SB 154). It eliminates grievance rights when teachers are disciplined or terminated for violating the statute. The bill provides that teachers are prohibited from providing instruction related to sexual orientation or gender identity. Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex. Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.
The bill contains some concerning elements that impact classroom teachers and other school employees: If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report. If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote.
The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers. If the school finds that the report is substantiated, the school shall issue a report that includes the number of prior substantiated reports against the teacher in the previous 12 months and recommend disciplinary sanctions against the teacher: First offense: reprimand; Second offense: 30-day suspension; Third offense: termination. If suspension or termination is recommended, the BOE must convene within 10 days to determine if it will adopt the school’s recommendation, however, the BOE can only consider facts in the school’s report and may refuse the recommendation of the school only on a 2/3 vote. A 2/3 vote will require the votes of 4 out of the 5 BOE members. Perhaps most significantly, teachers cannot use the grievance process to challenge these decisions and likewise may not be able to seek redress from the courts. The bill passed the Senate on March 6. Contact your delegates! - The Governor’s vaccine bill allows for religious exemptions and physician exemptions from mandatory vaccination requirements (Committee Substitute for SB 460). This bill could put our children, immunocompromised individuals, and communities at risk for unnecessary disease. The bill passed the Senate on February 21. Contact the House Health and Human Resources Committee!
- The elementary behavior bill provides mechanisms to remove disruptive students and complete risk assessments for those identified as violent, threatening, or intimidating (Committee Substitute for HB 2515). Schools with a behavior interventionist can request a waiver of the requirements as long as they can show they have a successful program. There is no funding to assist schools in implementing the required assessments and alternate settings and may result in early learners being placed in virtual settings for long expulsion periods. The bill passed the House on March 4. Contact Senate Education Committee!
Other education-related bills
HB 2678 simply adds private schools to the school zone speed limit statute by incorporating the following language. A school zone includes all school property of either a public school or any private school that requests the Division of Highways to designate a school zone. The bill passed the House on March 7. Contact your senators.
SB 92, known as the Glucagon for Schools Act. This bill would allow schools to maintain a supply of undesignated glucagon. It also allows trained school personnel to administer undesignated glucagon if the student’s prescribed glucagon is not available on-site or has expired. Additionally, it provides civil and criminal liability for school board employees when administering the glucagon. The bill passed the Senate on February 26, and goes to the House Education Committee, then House Judiciary Committee. Contact the House Education Committee!
The Committee Substitute for SB 275 removes the high school diploma or equivalent requirement for school cooks and custodians over the age of 21. Applicants under the age of 21 would still be required to have their diploma or equivalent. The bill passed the Senate on February 24. Contact the House Education Committee!
The Committee Substitute for SB 282 extends the expiration date for retired teachers to accept employment as a critical needs substitute teacher for an unlimited number of days to June 30, 2030. Additionally, it does not force counties to continue to post the position when filling a teaching position of a regular teacher on leave of absence or when a position is filled with a regularly employed teacher who is fully certified or permitted for the position, but the teacher is not available at the time he or she accepts the position. The bill passed the Senate on February 24. Contact the House Education Committee!
The Committee Substitute for SB 283 expands the grade levels of personal finance course requirements. The bill allows the course to be completed anytime between the freshman and senior years. The bill passed the Senate on February 24. Contact the House Education Committee!
The Committee Substitute for HB 2129 creates the Parents Bill of Rights. The bill gives the parents final say in their children’s health and education decisions by requiring state and local laws, rules, or ordinances to comply with its provisions. The bill also gives parents the right to view their children’s school records, which they already have. It also includes an injunctive relief option so offended parents can seek an injunction in court. The bill passed the House on March 7. Contact your senators!
HB 2187 would allow teachers, administrators, and support personnel in grades k-12 to carry concealed firearms, tasers, and/or pepper spray and be designated as a school protection officer (SPO). SPOs shall be authorized to carry concealed firearms or a stun-gun or taser device in any school in the district. Any teacher, administrator, or support personnel seeking to carry a concealed firearm on school property shall also submit proof that he or she has: (I) A valid concealed carry endorsement or permit issued by the county the teacher, administrator, or support personnel requests to be a SPO in, and (II) a certificate of a Security Protection Officer Training Program (SPOTP) completion from a SPOTP training program. Participation as a SPO is voluntary, no teacher may be required to participate. The certification requires 24 hours of initial training with 8 hours of annual requalification training. This bill has not passed a chamber yet but is moving through the House. Contact the House Judiciary Committee!
Week Three
2/28/25
It is Day 17 of 60 under the dome! On Wednesday, WVEA President Dale Lee and AFT-WV President Kristie Skidmore spoke at the State Employee Union Press Conference, held at the Culture Center in Charleston. An update was provided on the joint PEIA campaign launched in October. Thanks to collaborative efforts, all 55 county Boards of Education have signed the resolution calling for the stabilization of PEIA. The Department of Education was also urged to include this resolution on their agenda at the next meeting. Additionally, over 7,000 people have signed the online petition calling for PEIA stabilization. Currently, about 1,500 teaching positions in West Virginia remain unfilled by certified teachers, and this number is expected to rise as more teachers leave the state for better pay and benefits. While Governor Morrisey has expressed a desire to make teacher salaries more competitive with other states, stabilization of PEIA is equally crucial to retaining education employees in West Virginia.
Yesterday, the Senate Judiciary Committee met to discuss SB 154, which prohibits sexual orientation instruction in public schools. The new Committee Substitute for the Committee Substitute provides:
- Teachers are prohibited from providing instruction related to sexual orientation or gender identity.
- Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex.
- Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.
The bill contains some concerning elements that impact classroom teachers and other school employees:
- If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report.
- If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote. The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers.
- If the school finds that the report is substantiated, the school shall issue a report that includes the number of prior substantiated reports against the teacher in the previous 12 months and recommend disciplinary sanctions against the teacher:
- First offense: reprimand
- Second offense: 30-day suspension
- Third offense: termination.
If suspension or termination is recommended, the BOE must convene within 10 days to determine if it will adopt the school’s recommendation, however, the BOE only can consider facts in the school’s report and may refuse the recommendation of the school only on a 2/3 vote. A 2/3 vote will require the votes of 4 out of the 5 BOE members. Perhaps most significantly, teachers cannot use the grievance process to challenge these decisions and likewise may not be able to seek redress from the courts. The bill will now be sent to the full Senate with a recommendation from the committee that it be passed. Contact your Senators on Monday about SB 154!
Four education-related bills were passed in the Senate this week. Among them are:
- The Committee Substitute for SB 275. This bill removes the high school diploma or equivalent requirement for school cooks and custodians over the age of 21. Applicants under the age of 21 would still be required to have their diploma or equivalent. The bill passed on February 24, and heads to the House Education Committee.
- The Committee Substitute for SB 282. This bill extends the expiration date for retired teachers to accept employment as a critical needs substitute teacher for an unlimited number of days to June 30, 2030. Additionally, it does not force counties to continue to post the position when filling a teaching position of a regular teacher on leave of absence or when a position is filled with a regularly employed teacher who is fully certified or permitted for the position, but the teacher is not available at the time he or she accepts the position. The bill passed on February 24, and goes to the House Education Committee.
- The Committee Substitute for SB 283. This bill expands the grade levels of personal finance course requirements. The bill allows the course to be completed anytime between the freshman and senior years. The bill passed on February 24, and heads to the House Education Committee.
- SB 92, known as the Glucagon for Schools Act. This bill would allow schools to maintain a supply of undesignated glucagon. It also allows trained school personnel to administer undesignated glucagon if the student’s prescribed glucagon is not available on-site or has expired. Additionally, it provides civil and criminal liability for school board employees when administering the glucagon. The bill passed on February 26, and goes to the House Education Committee, then House Judiciary Committee.
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Week Two
2/21/25
It is week two! Just over a thousand bills have been introduced, but don’t be alarmed, many of these bills won’t even make it to a committee. However, if you come across any bills you feel strongly about, please reach out to your legislators. Their contact information can be found here. Remember, you are the expert on how legislation will impact your school.
The Senate passed the vaccine bill (Committee Substitute for SB 460) today. This bill could put our children and communities at risk for unnecessary disease. Contact the House Health and Human Resources Committee to voice your concerns about SB 460.
Next week, AFT-WV, WVEA and other unions representing public employees will hold a joint press conference to call on state legislators to take immediate action in stabilizing PEIA. They have introduced harmful bills aimed at dissolving PEIA. Reach out to your legislators and urge them to stabilize PEIA, not eliminate or privatize it.
On another note, the protections provided for students under Section 504 are under attack! Attorney General John B. McCuskey is part of a nationwide lawsuit that claims that Section 504 of the Americans with Disabilities Act is unconstitutional. As of today, McCuskey has announced that because of pushback from parents and education providers he will work to see that Section 504 will be preserved, however, the lawsuit has not yet been dropped. Let him know how important Section 504 is in making sure that disabled students are not excluded from receiving the benefits of a public education. Keep the pressure on him to protect our students!
Week One
2/14/25
Governor Patrick Morrisey delivered his first State of the State Address, briefly mentioning key topics such as the budget, PEIA, and education. He indicated the state currently faces a $400 million shortfall for fiscal year 2026, then up to $500 million for fiscal year 2027 and continuing to grow in the years that follow. He plans to cut taxes to try to bring more people to the state, increasing revenue while reducing costs to close the $400 million state budget gap.
Governor Morrisey proposed $45 million for PEIA which does not include the premium increase of $14.4 million that members will have to pay. He asked the legislature to work with him on finding a solution and help the retirees with a fixed income. No specific details of his plan was mentioned during the State of the State Address.
Details were also lacking when it came to his comments on education, we knew the Hope Scholarship would be mentioned since he defended it in court and has pledged to expand it. In his vision for improving education he included expanding school choice, vo-tech schools, and apprenticeships. He has said on numerous occasions we should pay teachers competitively and open up the school aid formula to address financial needs, however no further details were provided. The budget that was presented to the legislature on Thursday did not include pay raises for education employees. Governor Morrisey also announced that classroom disruptions must be addressed and then he mentioned working with the legislature to get a bill passed to ban cell phones in the classroom. Though he did not provide solutions for addressing more important issues such as student discipline.
Our daily Lobbyline will begin on Monday, February 17. You can find Lobbyline at wvea.org/WVEALobbyline. It provides a recap of the day’s events and is typically posted by 6 p.m. each weekday.
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