Monday, March 13, 2023
We are currently compiling a list education related bills from the session and will update soon.
Friday, March 10, 2023
From bills being read in their entirety in the House to Senator Karnes being removed from the Senate Chamber, it was a Day 59 to remember!
As of press time, the House had passed 5 education related bills. The Charter Stimulus Fund (SB 47), The Student Journalist Press Freedom Protection Act (SB 121), the bill that makes it a felony offense for a school employee or volunteer to engage in sexual contact with students (SB 187), the grievance procedure bill (SB 461), and the bill providing funding for CPR instruction to high school students (SB 469).
The Senate passed HB 2005, which establishes the dual enrollment pilot program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education.
Thursday, March 9, 2023
In the House floor session today the following education bills were discussed:
The Committee Substitute for SB 478 expands the occupations and programs that are eligible for the Jumpstart Savings Program. The bill passed by a vote of 92-0 with 8 absent.
SB 625 allows the transcript from a micro school to be accepted for the HOPE Scholarship Program. The bill passed by a vote of 82-9 with 9 absent.
The Committee Substitute for SB 667 requires periodic performance audits of the WV SSAC by the Legislative Auditor. The bill passed by a vote of 49-43 with 8 absent.
The House recessed until 3:30 p.m.
On 3rd Reading in the Senate today was HB 2346 – declaring a shortage of qualified bus operators and allowing retired bus drivers to accept employment, HB 3271 – relating to increasing monitoring of special education classrooms, and HB 3369 – creating a School Safety Unit within the Division of Protective Services. All these bills passed with no discussion and a 32-0-2 vote with Senators Phillips and Jeffries absent.
On 3rd Reading, with the right to amend, was HB 2890 – modifying student discipline. This bill was amended to exclude elementary students and allow a student to be removed from a bus under certain instances. The bill then passed with a 32-0-2 vote. Another on 3rd with the right to amend was HB 3035 – relating generally to high quality education programs and school operations. This bill was amended with a strike and insert amendment that replaced all of the bill’s language with the language of SB 274 – Third Grade Success Act and some modified language from SB 293 concerning dyslexia. After the amendment passed, the bill went on to pass with a 32-0-2 vote.
Finally on 3rd Reading was HB 3084 – relating to provisions related to public charter schools. This bill will lie over one day while maintaining it’s place on the calendar.
On 2nd Reading today was HB 2005 – establishing a dual enrollment pilot program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education. This bill was advanced to 3rd Reading with no amendments made.
The Senate accepted House messages including the passage from that body of HB 2905 – Supplementing and amending appropriations to State Board of Education, Department of Education – Classroom Aide Program. The senate sent this bill to the Finance Committee.
There were no bills on 1st Reading and no committee meetings today, and the Senate recessed until 5:00 p.m.
Wednesday, March 8, 2023
Today on the House floor, the following bills were on third reading:
SB 99 relates to county BOE meetings to explore the feasibility of consolidating school districts or sharing services. The bill passed by a vote of 73-22 with 5 absent.
The Committee Substitute for SB 451 allows public charter school employees to participate in the Teachers Retirement System and the Teachers Defined Contribution Retirement System. The bill passed by a vote of 96-0 with 4 absent.
The Committee Substitute for SB 688 allows BOEs to hire retired teachers as independent contractors to assist with tutoring. The bill passed by a vote of 97-0 with 3 absent.
The Committee Substitute for HB 2905 supplementing and amending appropriations to the State Board of Education/State Department of Education for the Classroom Aide Program. The bill passed by a vote of 95-0 with 5 absent.
Today the Senate held over Committee Substitute for HB 2820 allowing HOPE scholarship recipients to play sports in public schools. It will be on third reading with the right to amend tomorrow. The Senate approved HB 3511 making supplementary appropriations to the school lunch program in the amount of $743,436.
Tuesday, March 7, 2023
This morning started off with committee meetings for both the House and the Senate.
The first order of business for House Education was to take the bill requiring public schools to publish curriculum online at beginning of each new school year (SB 422) off the table. Delegate Dittman, who offered an amendment yesterday, moved to reconsider the amendment. The motion passed. She then withdrew her amendment of striking “county adopted classroom curriculum” and replacing it with “state adopted content standards”. Delegate Clark offered a new amendment to allow the curriculum to be posted online by an outside company approved by the state board. The amendment was adopted. The bill was sent to the floor as amended with the recommendation it do pass.
Senate Finance met this afternoon and took up two education bills. HB 2346 declares a shortage of qualified bus drivers and allows retired bus drivers to accept employment. HB 3084 relating to revising the provisions related to public charter schools. Both passed out of committee with little or no discussion and will now be reported to the full senate with the recommendation that both do pass.
This morning’s House Floor session consisted of bills on third reading and messages from House committees and the Senate. The bill requiring an impact statement in certain instances of school closing or consolidation (SB 51) passed on a vote of 84-13 with 3 absent. The House is in recess until 5:00 p.m.
During the morning Floor session in the Senate, the School Building Authority bill (HB 2380) was moved to the foot of bills on first reading with the right to amend. HB 3066 passed with no discussion. This bill deals with supplementing and amending appropriations to the Department of Education, State Board of Education – State Aid to Schools. The Senate is in recess until 4:30 p.m.
Monday, March 6, 2023
Today in the House floor session, the following education bills were on third reading:
The Committee Substitute for SB 51 requires an impact statement in certain instances of school closing or consolidation. The bill was postponed for one day and will be on third reading tomorrow.
SB 237 relates to Public Employees Retirement System and the Teachers Retirement System. The bill would provide a one time $1500 bonus to those age 70 or older making less than $1000 per month with 20 years of service. The bill would also set a $1000 minimum monthly amount for those individuals. The bill passed by a vote of 98-0 with 2 absent.
The Committee Substitute for SB 453 ensures retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor. The bill passed by a vote of 98-0 with 2 absent.
On first reading and advancing to second reading were:
SB 99 relates to meetings among county boards of education when two counties are discussing consolidation or sharing services.
The committee substitute for SB 451 allows charter school teachers to participate in the Teachers Retirement System.
The Committee Substitute for SB 688 allows Boards of Education to hire retired teachers as independent contractors to assist with tutoring.
Today on the Senate Floor, the Senate voted to concur with the House amendments to SB 268, the PEIA bill, which then was passed with a 26-6 vote with 2 absent. The six nays were from Caputo, Chapman, Karnes, Martin, Maynard, and Stuart. Absent were Woelfel and Phillips. The Senate also concurred with the House amendments to SB 423, the pay raise bill, and this bill passed with a 32-0 vote with the same 2 absent. Both bills are now completed legislation, and if signed by the Governor, will take effect July 1, 2023.
On third reading was HB 2827, making public charter schools eligible for Safe Schools Funds. This bill passed the Senate with no discussion and a 32-0 vote, with 2 absent.
On second reading was HB 2380, relating to the School Building Authority, and was advanced to third reading with the right to amend. Also on second was HB 3066, supplementing and amending appropriations to the Department of Education: State Aid to schools. There were no amendments to this bill and the bill was advanced to third reading.
On first reading was HB 3511, making a supplemental appropriation to the Depart of Education, State Board of Education : School Lunch Program. This bill was advanced to second reading.
It was a full agenda today in House Education, and the following bills were discussed:
Delegate Smith having voted on the prevailing side moved to reconsider SB 47, the Charter School Stimulus Fund. The motion passed and the bill was reconsidered. The bill puts $300,000 in a fund that charter applicants can request grants to help with start up costs. The bill now goes to the Committee on Finance.
SB 251 relates to displaying the official motto of the Unite States in public schools and institutions of higher education. A strike and insert amendment was proposed to remove higher education institutions and makes the displaying of the motto permission by changing “must” to “may” in the requirement. Delegate Pritt moved to amend the amendment by adding public charter schools to the list. The amendment was adopted. A new strike and insert amendment was offered. The new strike and insert makes it mandatory to display the motto in the main building and permissive language for the other building. The new strike and insert puts the higher education institutions back into the bill for the main building. The bill now goes to the Committee on the Judiciary.
SB 262 allowing students to transfer schools and retain athletic eligibility. A committee amendment was offered to clarify the circumstances under which a student may transfer in grades 9-12. The strike and insert was adopted. The bill now goes to the House Floor.
SB 274 is the Third Grade Success Act. A strike and insert was adopted to include the dyslexia/dyscalculia language and striking the rest of the bill. The bill now goes to the House Floor.
SB 625 requires certain transcripts to be accepted as record of student’s performance for placement in micro school programs. An amendment passed to clarify the language regarding HOPE Scholarship. The bill now goes to the House Floor.
SB 667 requires periodic performance audits of the WV SSAC. The committee substitute provides for the legislative auditor to perform these audits. The first audit must be concluded by December, 2023. The committee substitute removes the reference to a court case in the bill. The bill now goes to the House Floor.
The Committee Substitute for SB 422 requiring public schools to publish curriculum online at the beginning of each new school year. Only parents, guardians and students have log in information was added in the committee substitute. This only requires the county to post the information, not the individual teacher. Delegate Dittman offered an amendment striking “county adopted classroom curriculum” with “state adopted content standards”. The amendment was adopted 10-9. The motion was then adopted to table the bill indefinitely. The committee then moved to adjourn until tomorrow at 9:00 am.
Today House Judiciary considered changes to the state grievance procedure (SB 461). President Lee lobbied committee members and a number of amendments were adopted that improved the bill greatly.
First, a committee amendment to the “loser pays” provision was adopted that only requires a party that loses at every level to possibly be responsible for costs of the prevailing party. This would protect those who win at the grievance board from being responsible for those appeal costs.
Two more helpful amendments were also adopted. One eliminated the requirement of a “notarized” signature. Another removed events related to a state of emergency from being challenged through the grievance process. With this amendment, those events would still qualify for a grievance.
Saturday, March 4, 2023
After much debate and a number of positive amendments rejected that would have helped employees manage the cost increase, the House passed the PEIA bill (SB 268) on a 69-27 vote with four absent. They began debating the bill around 9:30 a.m. and the vote took place at 12:52 p.m. The bill now goes back to the Senate for concurrence on the amendments made. The House is now in recess until 1:30, when it is expected for them to address the pay raise bill (SB 423). You can see how members voted here:
https://www.wvlegislature.gov/legisdocs/2023/RS/votes/house/00468.pdf
When the House took back up this afternoon, they passed their budget bill (HB 2024) and the pay raise bill (SB 423). Delegate Foggin offered 3 amendments to the pay raise bill (SB 423), but all were rejected. Delegates Fluharty, Skaff, Hansen, Walker, Rowe, Williams, Griffith, Young, D. Pritt, Pushkin, Garcia and Hornbuckle offered an amendment adding an additional $2300 pay raise effective July 1, 2024, but this amendment was also rejected. The bill passed on a vote of 94-0 with six absent.
Friday, March 3, 2023
We’ve made it to the next to last Friday of the 2023 WV Legislative Session! Here’s where we are with the PEIA (SB 268) and pay raise (SB 423) bills:
Both bills were on second reading today, which is typically the amendment stage, but both were advanced to third reading with the right to amend. That means tomorrow will have both the amendments and passage stages. The House Floor Session is scheduled for 9:00 a.m. in the morning. You still have time to reach out to your delegate and share your thoughts and concerns. We do view the committee amendment on contiguous counties offered by Delegate Storch yesterday as a win because it impacts so many employees. As always, we will keep you posted throughout this legislative process.
Other education related bills saw movement in both the House and Senate today.
The House passed SB 510 to supplement and amend appropriations to BOE, Department of Education on a 87 to 5 vote with eight absent. This bill increases the enrollment surplus.
Advancing to third reading tomorrow were two other bills. The Committee Substitute for SB 51 requires an impact statement in certain instances of school closing or consolidation. The Budget Bill (HB 2024) also advanced to third with the right to amend.
SB 237 relates to the Public Employees Retirement System and State Teachers Retirement System and advanced to second reading today.
The House Education Committee met before and after the Floor Session today to discuss six bills.
SB 99 relates to meetings among county boards of education. The bill outlines guidelines in sharing services and consolidating school districts and calls for a joint meeting to discuss these proposals. The bill now heads to the House Floor.
The Committee Substitute for SB 216 requiring all schools to instruct students on the Holocaust and other genocides and financial literacy. Several amendments were offered and adopted to the committee substitute, and the bill now heads to the House Floor.
The Committee Substitute for SB 282 creating the WV Guardian Program. Delegate Smith offered an amendment to clarify that any person going into the Guardian Program shall not lose any benefit by accepting a position in the program. Delegate Smith offered another amendment making someone with a general discharge ineligible for the program. Both amendments were adopted. Delegate Foggin offered an amendment to add retired law enforcement officer to the list of those eligible for the program, and the amendment was adopted. Delegate Hornbuckle offered an amendment that would clarify a termination or dismissal from law enforcement would disqualify that person from the program, and the amendment was adopted. The bill now goes to the Committee on the Judiciary.
SB 306 establishes the Summer Feeding for all program. A Committee Substitute for SB 305 was offered to amend a preexisting section of code. An amendment was offered by Delegate Statler to revert back to the original permissive language of may in the code, and the amendment was adopted. The motion to approve the strike and insert amendment was also adopted. The bill now goes to the House Floor.
SB 428 revises the requirements of local school improvement councils. The bill changes some of the requirements for the makeup of the committee. It also allows public charter schools to have LSICs. The bill now goes to the House Floor.
SB 489 requiring the BOE to provide free feminine hygiene products in grades 3-12. A committee substitute was offered to clean up the bill and further clarify the bill, and was adopted. The bill now goes to the Committee on Finance.
On third reading in the Senate today were four bills concerning education. HB 2597, which amends performance evaluation of professional personnel passed with no discussion, as well as HB 3520 which will make a supplementary appropriation for the Department of Education Vocational Division. The third education bill, HB 3527, which supplements and amends appropriations to Department of Education School Building Authority passed as well, but not unanimously. Senator Randy Smith questioned Senator Tarr about money that will be used to purchase electric school busses. Smith stated that he worried about the coal miners having to help push the busses off of the road when they broke down. With this vote, there were 20 yeas, 11 nays (Azinger, Chapman, Karnes, Martin, Maynard, Phillips, Roberts, Rucker, Smith, Stuart, Taylor) and 3 absent (Plymale, Stover, Maroney).
On second reading was HB 2827 which would make public charter schools eligible for Safe School Funds and was advanced to third reading with no amendments or discussion.
On first reading were two bills, HB 2380 relating to School Building Authority and HB 3066 which would supplement and amend appropriations to the Department of Education, State Board of Education. These bills were both advanced to second reading.
Thursday, March 2, 2023 5:30 p.m. Update
The House Finance Committee met today with the following education related bills discussed:
SB 237 would give retirees 70 years or older with 20 years or more service making less than $1000 per month in retirement a one time $1500 check (a thirteenth month) and raise their monthly amount to $1000. The motion to report the bill to the floor with the recommendation it do pass was adopted.
SB 268 is the PEIA bill. A discussion was held before the bill was taken up. The discussion talked about the solvency of the plan and how the current financial path would cause the plan to fail. Items discussed were the instate provider reimbursement, mandating the 80/20 premium rate, spouse coverage would be paid for by the employee if the spouse has insurance available through their work, and paying all out-of-state providers at the 70/30 rate. $22.7 million would be the employees share of the premium increase. The spouse coverage would save the plan approximately $21 million. It was stated again the spouse coverage would cost $147 per month to the employee whose spouse chooses to remain on PEIA. The bill was then brought forward. A Committee Amendment was offered to make technical clean up and to address the spouse coverage. Since there was no definition of “actual plan”, the committee substitute would define that. The definition was recommended by the Director of PEIA. Delegate Storch offered an amendment to retain the current language of the contiguous counties being paid at the 80/20 rate. The amendment passed. Delegate Rowe offered an amendment to remove the language concerning spouse coverage from the bill. The amendment failed. Delegate Rowe offered another amendment concerning the word available for spouse coverage if the cost is not greater than the cost of the PEIA plan. The amendment failed. Another amendment was offered by Delegate Linville to amend the section of the code concerning participants who no longer work for the state but are not Medicare eligible. His amendment would allow them to remain on the plan. The amendment passed. Delegate Linville offered another amendment to adjust the spouse coverage one would elect to pay for would be modified across the tiers like the premiums. The motion failed. The motion to report the Committee Substitute for SB 268 as amended to the floor with the recommendation it do pass was adopted.
The bill was then introduced and read a first time during the evening floor session, which means it will be on amendment stage Friday and up for passage Saturday.
The Committee Substitute for SB 423 is the pay raise bill. As reported earlier, the bill gives a $2300 across the board raise for educators and state police. An amendment was offered to correct a typographical error in the service professional pay scale. The amendment passed. The motion to report the Committee Substitute for the Committee Substitute for SB 423 to the floor with the recommendation it do pass was adopted.
Thursday, March 2, 2023
On third reading today in the Senate was HB 2607, which clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time. This bill was passed with no discussion.
On second reading, there were several bills of interest. The first bill was HB 2597. If this bill passes, it will require that performance evaluations of professional personnel would provide an explanation and data in support of any measure or criterion in which the employee is rated less than “satisfactory.” The next two bills on second reading were HB 3520 and HB 3527. Both of these bills pertain to making supplementary appropriations, and with 3527, amending appropriations to the Department of Education. HB 3520 specifically concerns the State Board of Education Vocational Division and HB 3527 is regarding the School Building Authority. The final education bill on second today was HB 3547 which increases the number of personal leave days that a county board of education employee may use. All four bills were advanced to third reading without any discussion or amendments.
Over in the House and on second reading today was SB 510 supplementing and amending appropriations to BOE and the Department of Education. This bill amends appropriations for student enrollment. The bill advances to third reading tomorrow.
Also on second reading was the Committee Substitute for SB 577 reducing the copay cap on insulin and devices and permitting purchase of testing equipment without prescription. This bill caps the cost of insulin at $35 per month. An amendment added PEIA to the bill. The amendment passed. The bill as amended advances to third reading tomorrow.
On first reading in the House today was the Committee Substitute for SB 51 requiring an impact statement on school closings and consolidations. The Committee Substitute for SB 51 advances to second reading tomorrow.
Both the House and Senate are in recess for committee meetings until this evening. We will update you after the 2:00 House Finance Committee meeting where both the pay raise bill (SB 243) and the PEIA bill (SB 268) are on the agenda.
Continue reaching out to your delegates regarding the PEIA bill (SB 268). Ask them to spread the premium increase over time and keep the reimbursement to providers in contiguous counties at 80/20. Tell them you need know how the bill will impact participants. Ask for specific dollar amounts for premiums per tier. You can find contact info below.
Wednesday, March 1, 2023
Today is Day 50 and we made it to Crossover Day! It’s the last day to consider bills on third reading in their house of origin. This DOES NOT include budget or supplementary appropriation bills. Both chambers met this morning and are scheduled to go back in this evening. The next 10 days will be long, but we will continue to keep you updated.
During their Floor Session this morning, the Senate passed two education related bills.
The Committee Substitute for SB 593 will require county boards of education to develop and report an area market rate salary adjustment policy for both professional and service personnel, and passed on a vote of 33 to 0 with one absent. The bill requires the policy to be made July 1st, but the implemented by date was removed in committee.
HB 3218 will require suicide prevention resources be printed on student identification card for students in grades 6-12 in public schools that issue student identification cards; and requiring suicide prevention resources be printed on student identification cards for students in a public or private institution of higher education that issues student identification cards. The bill passed on a 33 to 0 vote with one absent.
On second reading and advancing to third without amendments was HB 2607, which clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 students may be transported at one time.
Four education related bills were on first reading.
HB 2597 amends performance evaluations of professional personnel. The Committee Substitute for HB 2757 expands institutional eligibility for the WV Invests Grant Program to not-for-profit private baccalaureate institutions and not-for-profit hospital-based allied health programs authorized by the West Virginia Council for Community and Technical College Education. HB 3547 increases the number of personal leave days that county board of education employees may use. The teacher duty-free lunch and planning period bill (HB 3548) was on first reading, but was sent to the Rules Committee.
Stay tuned. More info soon!
Tuesday, February 28, 2023
The following education related bills were on third reading in the House today:
The Committee Substitute for HB 3035 creates a multi-tiered system of support intervention for grade level literacy and numeracy by the end of the third grade. The bill passed on a 71 to 20 vote with nine absent.
The Committee Substitute for HB 3084 provides public charter schools access to the School Safety Fund and passed on a 65 to 24 vote with eleven absent.
The Committee Substitute for HB 3095 creates School Building Authority Agricultural, Vocational and Technical Training Facilities Grant Fund and passed on a 73 to 24 vote with three absent.
The Committee Substitute for HB 3224 adds WV Junior College to the list of eligible institutions that accept Promise scholarship recipients and passed on a 98 to 0 vote with two absent.
The Committee Substitute for HB 3369 creates a School Safety Unit within the Division of Protective Services and passed on a 98 to 0 vote with two absent.
After completing the list of bills on third reading, the House recessed until 7:30 p.m.
The Senate passed one education related bill during the morning Floor Session. The Committee Substitute for SB 422 requires public schools to publish curriculum online at the beginning of each new school year passed. An amendment was offered to provide password protected links to online textbooks in an effort to meet copyright laws. The bill passed on a
There are three education related bills on second reading for the evening Floor Session, and we will update you on those bills later.
Monday, February 27, 2023
Today on the House Floor, there were two bills on third reading.
The Committee Substitute for HB 3095 creating a special revenue account known as School Building Authority Agricultural, Vocational and Technical Training Facilities Grant Fund. This bill was on third reading, but it was postponed for one day. It will be on third reading again tomorrow.
The Committee Substitute for HB 3271, adding audio recordings in special needs class bathrooms passed by a vote of 96-1 with three absent.
The House recessed until 5:30 pm so we will update you tomorrow on the rest of the Floor Session. The House Education Committee meeting was cancelled today.
Over in the Senate, three bills were on third reading and passed during this morning’s Floor Session.
The Committee Substitute for SB 628 revises provisions to public charter schools and passed on a 31 to 1 vote with one absent.
The Committee Substitute for SB 667 requires periodic performance audits of WV Secondary Schools Athletic Commission and passed on a 29 to 4 vote with one absent.
The Committee Substitute for SB 688 allows Boards of Education to hire retired teachers to assist with tutoring and passed on a 33 to 0 vote with one absent.
The Senate recessed until 5:00, and we will update you tomorrow on the bills on second and first reading.
Saturday, February 25, 2023
Today’s Senate Floor Session:
The Committee Substitute for the Committee Substitute for HB 2526 was adopted. This bill gives a 21.25% state income tax reduction. The bill also gives the amount paid in your car tax back to you in a tax credit. The bill gives a 50% corporate income tax reduction for small business machinery and inventory. It also gives veterans tax credits. The Committee Substitute was adopted and read a second time. A motion passed to suspend the rules and read the bill a third time. The motion passed. The Committee Substitute for the Committee Substitute for HB 2526 passed by a vote of 33-0 with one absent.
SB 268, the PEIA bill, was the next bill discussed. Senator Takubo offered an amendment regarding technical issues and clarifying that the reserve fund would be used to offset premium increases in bad years. The amendment passed. SB 268 as amended was discussed. The bill does several things and Senator Takubo stated it gives long term stability to PEIA. The bill also provides that in-state providers will be reimbursed at 110% of the Medicare rate. The bill mandates the 80-20 premium rate. According to the floor debate, the plan currently is at an 83-17 premium ratio. The bill provides all out-of-state services be reimbursed at a 70-30 rate. It provides that if an employee’s spouse has insurance available at their job, they would be removed from the plan unless the employee pays 100% of the actuarial value. The plan would take effect for the 2024 plan year which begins July 1, 2023. Questions were asked by Senator Woelfel. These changes would save about $549 million over the next four years. Senator Caputo then asked questions to Senator Takubo about retirees and and their inclusion in the plan. Senator Takubo responded that retirees do not need to worry about the changes in the plan. Senator Caputo then asked if there were a minimum coverage plan for spousal coverage. Senator Takubo said the federal minimum would be the floor. The premium increase would be covered with the pay raise according to Senator Takubo. SB 268 as amended passed by a vote of 29-4 with one absent.
The next bill on third reading was SB 423 the pay raise bill. The bill provides for a $2300 across the board raise for educators, both teachers and service professionals. SB 423 passed by a vote of 33-0 with 1 absent.
The final bill passed was SB 150, the Budget bill. The Budget bill passed by a vote of 33-0 with 1 absent.
Both chambers are in session today, and the Senate has delayed the PEIA and pay raise bills again. Both are on third reading and have been moved to the foot of the bills on first reading. If there is any additional movement today, we will update you.
Friday, February 24, 2023
It’s Day 45 in the 2023 WV Legislative Session! The Senate Floor Session included the following bills:
The Engrossed Committee Substitute for the Committee Substitute for SB 268, the PEIA Bill. The bill was laid over one day retaining its place on the calendar.
The Engrossed Committee Substitute for SB 423, the pay raise bill. This bill provides for a $2300 across the board raise for teachers and service professionals as well as state troopers. The bill was laid over one day retaining its place on the calendar.
Now is the time to contact your delegates to voice your concerns on the PEIA bill (SB 268). There have been no questions asked in committees or on the Senate Floor regarding exactly how this bill will impact employees. The pay raise bill (SB 423) is a companion bill to, but nothing is in writing stating the pay raise will cover the premium increases.
On second reading were:
The Committee Substitute for SB 469 providing funds for CPR instruction to high school students. The bill was engrossed and advanced to third reading.
SB 619 allowing teachers in public schools to teach intelligent design. The bill was engrossed and advanced to third reading.
SB 625 requiring certain transcripts to be accepted as record of student’s performance for placement in micro school programs. The bill was engrossed and advanced to third reading.
The Engrossed Committee Substitute for HB 3317 requiring high school students to complete course of study in personal finance. An amendment was offered clarifying that students will take a 1/2 credit course in personal finance in the junior or senior year. The amendment was adopted and the bill advanced to third reading.
The Committee substitute for SB 628 revising provisions related to public charter schools, the Committee Substitute for SB 667 requiring periodic performance audits of WV SSAC, and the Engrossed Committee Substitute for HB 2820 allowing HOPE Scholarship recipients with the ability to play sports all advanced to second reading.
The House continues to break their Floor Sessions into a morning and an evening session. This morning, the following bills were on third reading:
The Committee Substitute for HB 2761 allowing classroom aides with 10 or more years of service and good evaluations to bid on teaching positions. After some concerns were raised on the floor over the lack of details in the bill, the House voted 71 to 22 with 7 absent to pass HB 2761.
HB 3417 introducing Potomac State College in the definition of community and technical college education program for participation in the “Learn and Earn Program”. The bill passed on a 91 to 0 vote with 9 absent.
HB 3555 relating to higher education student purchase and refunds of course material passed on a 93 to 0 vote with 7 absent.
The House goes back in at 6:00 this evening, and we will update you later. Don’t forget to read WVEA’s Week 6 Legislative Update and check out Dale’s video recapping the important bills of the week.
Thursday, February 23, 2023
Six bills were discussed in Senate Education this morning.
An Originating Bill pertaining to a Nontraditional School Week. This bill would allow for pilot projects to have a 4 day school week for students with the 5th day used for collaboration, planning, staff development and grading. The pilot programs will be a three year program for up to 5 county school systems. The fifth day students will learn under alternative means and would be fed. The county will decide which day the students will not attend, and can end the pilot early if student achievement is determined to be affected adversely. The bill now goes to the Senate Floor.
The Committee Substitute SB 422 requires public schools to publish county adopted curriculum online at the beginning of each new school year. The bill now goes to the Senate Floor.
SB 688 allows the Board of Education to hire retired teachers to assist with tutoring. A Committee Substitute was adopted to provide for a retired teacher to enter into a contract with the board to provide tutoring in reading and math. An amendment was adopted to remove the requirement of being a WV citizen to provide the tutoring. The bill now goes to the Senate Floor.
A Committee Substitute SB 691 uses DHHR group home funds for cadet enrollment cost at Mountaineer Challenge Academy was discussed. The bill now goes to the Committee on Finance.
HB 2005 establishes the dual enrollment pilot program to be administered by the Higher Ed Polity Commission and the Council for Community and Technical College Education with the State Board for students in the vocational sector. The bill now goes to the Committee on Finance.
HB 3218 relates to requiring suicide prevention resources be printed on student identification cards. The bill now goes to the Senate Floor.
During the Senate Floor Session, the Glucagon for Schools Act (SB 195) passed with no discussion with a vote of 34 to 0. This bill allows for undesignated glucagon prescriptions in the name of the school district or school.
The PEIA bill (SB 268) was on second reading today and advanced to third with no amendments being offered. The bill will increase premiums for active employees in order to achieve the 80/20 split. WVEA has been trying to work with lawmakers since 2019 to prevent large out of pocket increases, but has been ignored. Spouses who are eligible for their own employer’s health care plan would have to pay the full value of the plan if they choose to remain on PEIA. Now is the time to contact your delegate and share your concerns about premium increases and the impact they would have on current employees. PEIA has been a large part of the package used to recruit and retain employees, and this would only put more strain on what has already become a crisis in West Virginia education.
The Governor’s salary bill (SB 423) also advanced from second to third reading with no discussion. The bill increases salaries by $2300.
Three education related bills were on first reading and advanced to second. The Committee Substitute for SB 469 provides funding for CPR instruction to high school students. SB 619 allows teachers in public schools to teach intelligent design. Committee Substitute for HB 3113 requires students to complete a course of study in personal finance. All three bills will be on second reading tomorrow.
Over in the House today, several education related bills were passed.
HB 2607 clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 may be transported at one time. The bill passed on a 95 to 2 vote with 3 absent. Delegates Tony and Vance were the no votes.
HB 2827 makes public charter schools eligible for Safe Schools Funds and passed on a 96 to 1 vote with 3 absent. Delegate Adkins was the no vote.
HB 3376 changes the term teacher in residence to clinical teacher of record and passed on a 95 to 0 vote with 5 absent.
HB 3547 increases the number of personal leave days that county board of education employees may use from 4 to 5, and passed on a 97 to 0 vote with 3 absent.
HB 3548 is the teacher duty-free lunch and daily planning period bill and it passed on a 96 to 0 vote with 4 absent.
HB 3549 relates to classroom and special education teachers individualized education program requirements, and passed on a 96 to 1 vote with 3 absent. Delegate Foggin was the no vote.
The House went into recess after finishing up their bills on third reading. They will be back in session at 6 p.m. this evening. We will update you tomorrow on the bill allowing classroom aides with 10 or more years of service and good evaluations to bid on teaching positions (HB 2761). It is on second reading this evening.
You can find the contact information for your delegates here: https://wvea.org/actioncenter/housesenatelegislativecontacts/
Wednesday, February 22, 2023
Yesterday, the Senate postponed action on the Glucagon for Schools Act (SB 195), and it was on second reading again today. An amendment was offered to specify what tasks designated school personnel could receive training on. The amendment was adopted and the bill will be up for passage tomorrow.
Also during the Senate Floor session, the Committee Substitute for the Committee Substitute for the PEIA bill (SB 268) was reported and taken up for immediate consideration. The biggest changes proposed include spouses who are eligible for their own employer’s health care plan will have to pay the full value of the plan if they choose to remain on PEIA, and premium increases for active employees to achieve the 80/20 split. The bill will be on second reading Thursday.
After moving all the remaining bills from House Special Calendar to House Calendar last night, the Rules Committee only moved two bills back to Special Calendar on third reading and two bills on second reading. None of these bills were related to education. The House recessed until 6:00 PM before bills on First Reading were discussed.
In House Education today, the following bills were discussed:
HB 3095 creates a Department of Economic Development grant program relating to agricultural vocational and technical training facilities in WV schools. A Committee Substitute was offered as a clean up to the bill, and was adopted. The bill now goes to the Committee on Finance.
HB 3386 provides all National Merit Scholars free tuition to any WV higher education institution in order to keep these scholars in the state. The bill now goes to the Committee on Finance.
The Committee Substitute for SB 51 requiring an impact statement in certain instances of school closing or consolidation. A motion was made by Delegate Tully to table the bill indefinitely was defeated. The bill now heads to the House Floor.
The Committee Substitute for SB 121 creates the Student Journalist Press Freedom Protection Act. The bill now goes to the Committee on Judiciary.
The Committee Substitute for SB 602 enables WVSU and Bluefield State University to offer associate degrees. The bill now goes to the Committee on Finance.
More information will be available tomorrow on this evening’s House Floor session.
Tuesday, February 21, 2023
This morning started off with the Senate Education Committee. The agenda consisted of five bills and all five advanced out of committee with one being referred to the Committee on Finance first.
SB 619 allows teachers in public schools to teach intelligent design, a theory on how the universe came to exist. This is strictly voluntary.
SB 638 provides bonuses to school personnel for up to 10 unused sick days. This is actually not a bonus because you would be selling your unused sick days for the price of a substitute in your county. The bill now goes to the Committee on Finance.
SB 667 requires periodic performance audits of the WVSSAC.
SB 1 requires Higher Education Policy Commission to create and administer the PROMISE Plus Program beginning in 2024.
The Committee Substitute for HB 3113 requires high school students to complete a 1/2 credit course in personal finance.
During the Senate Floor Session, five education related bills were addressed.
Three bills were on third reading and passed. SB 488 aligns state and federal higher education accreditation rules, and passed on a 33 to 0 vote with 1 absent. SB 543 authorizes rule-making changes to terms, procedures and reporting duties in higher education. This bill passed with the same vote tally. The bill enabling WVSU and Bluefield State University to offer associate degrees also passed on a 33-0 vote with one absent.
On second reading, the Glucagon for Schools Act (SB 195) was delayed and will be on second reading again tomorrow. Also not advancing was SB 601, which relates to the WVSSAC promulgating legislative rules. This bill was referred to the Committee on Rules. No education related bills were on first reading today in the Senate.
The Senate Finance Subcommittee B met to discuss the Committee Substitute for SB 268, the PEIA Bill. The Committee Substitute for the Committee Substitute was introduced and corrects the definition of dependent to age 26 instead of age 25, clarifies the 110% of Medicare reimbursement for in-state providers, requires the Governor to give a revenue estimate, but states how the Finance Board can use these estimates, keeps the life insurance at $10,000 for active employees, clarifies the spouse coverage available, and clarifies that PEIA will return to the 80-20 split in the 2024 year, which begins July 1, 2023. It also provides for an actuarial study with input provided from plan participants.
In the full Senate Finance Committee meeting, the Subcommittee B reported on the PEIA bill (SB 268). The administrative fee was taken out of the Committee Substitute for the Committee Substitute, and effective date will be from passage. The biggest changes proposed include spouses who are eligible for their own employer’s health care plan will have to pay the full value of the plan if they choose to remain on PEIA, and premium increases for active employees to achieve the 80/20 split. The PEIA bill was advanced and now heads to the Senate Floor.
Also discussed in the Committee on Finance was SB 423, which gives pay raises to all education and state employees. A Committee Substitute was introduced and changes the raise amount to $2300 across the board for all employees. The bill now heads to the Senate Floor.
On the House Floor session, the Committee Substitute for SB 10 the Campus Self-Defense Act allowing for concealed carry on college campuses passed by a vote of 84-13 with 3 absent after much debate.
The House recessed until 8:00 PM tonight, so we will update you tomorrow on the rest of the Floor Session.
Monday, February 20, 2023
It’s Day 41 and the Senate advanced three education related bills and held one over for tomorrow. Passing unanimously today was the Committee Substitute for the nonresident student transfer bill (HB 2596). This bill allows superintendents to deny a transfer if the student committed a Level 3 or 4 violation.
Two bills were on second reading and one advanced to third. The WVSSAC bill (SB 601) was held over for one day and will be on second reading again tomorrow. The bill allowing WVSU and Bluefield State University to offer associate degrees (SB 602) advanced without amendments and will be up for passage tomorrow.
Advancing from first reading to second today was the Glucagon for Schools Act bill (SB195). This bill allows for undesignated glucagon prescriptions in the name of the school district or school, and details the requirements for usage.
Over in the House, the following bills were on second reading and advanced to third:
The Committee Substitute for SB 10 is the campus carry bill known as the Campus Self-Defense Act. There were two amendments offered and both were rejected.
HB 2607 clarifies that vehicles with a capacity of larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time.
HB 3046 fast tracks an endorsement for Agriculture Education.
HB 3376 changes the term teacher in residence to clinical teacher of record.
HB 3547 increases the number of personal leave days that county boards of education employees may use from 4 to 5. Delegate Foggin moved to amend the bill by relieving the teacher the responsibility of finding their own substitute. The amendment passed.
HB 3548 relates to teacher duty-free lunch and planning periods. Thanks to you reaching out, an amendment was offered by Delegate Clark to amend the bill by reinserting the word shall instead of may. The amendment passed.
HB 3549 relates to IEP requirements for classroom teachers and special education.
All of the above bills will be up for passage tomorrow. We will continue to monitor closely, so keep reading your daily Lobbyline.
Advancing from first to second reading were:
HB 2827 makes public charter schools eligible for Safe Schools Funds and HB 3408 cleans up statutory provisions regarding the HOPE Scholarship program.
The agenda for House Education consisted of four bills today.
Today in House Education, 4 bills were discussed.
HB 2761 would allow classroom aides with 10 or more years of service and good evaluations to bid on teaching positions. Under a contract the aide would have 3 years to get a teaching certification. An amendment was offered requiring 60 hours of college credit before taking the position. The amendment also would credit the first year of teaching as the equivalent to the student teaching clinical experience. The amendment was adopted. The bill heads to the House Floor.
HB 3368 is the Troop-to-Teachers bill. An amendment was adopted to allow giving a veterans preference to certification. Officers and non commissioned officers with training experience are the targeted personnel. Testimony was provided that we currently have alternative pathways to education certification. The suggestion was made to market these pathways better to military veterans. The bill now goes to the Finance Committee.
HB 3035 is the Grow Your Own Teachers Program. A strike and insert amendment was adopted and establishes the Grow Your Own Pilot Program. The bill also allows an apprenticeship to teaching under a federal program. The bill now goes to the Finance Committee.
The fourth bill was a House Originating bill relating to student purchase and refunds of course material in higher education. This would allow a student to opt out of any class that has an increase in fees due to course requirement changes. The bill heads to the House House Floor.
Friday, February 17, 2023
Today on the House Floor, there were no bills on third reading and no education related bills on second reading. The following bills were on first reading and will advance to second reading on Monday, February 20.
HB 2607 clarifying that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers are transported at one time.
The Committee Substitute for HB 3046 fast tracks an Agriculture Education Endorsement. This would allow teachers of other subjects to obtain an endorsement or certification in agriculture.
HB 3376 changing the term teacher in residence to clinical teacher of record.
HB 3547 increasing the number of personal leave days that county board of education employees may use from 4 to 5.
HB 3549 relating to classroom teachers and special education teachers IEP requirements.
HB 3548 relating to teacher duty-free lunch and daily planning periods advanced to second reading. WVEA is working with House Education leadership to amend the bill on the floor at second reading. The amendment will reinstate the word “shall” instead of “may” and clarify the rate of pay for lunch duty. Please call your delegate and ask them to support the amendment.
Action on HB 3408 cleaning up statutory provisions regarding the HOPE Scholarship program was postponed one day. The bill will be on first reading again on Monday, February 20.
On the Senate Floor, a charter school employee retirement bill (SB 453) passed by a vote of 33-0 with 1 absent. This bill ensures contributions be paid upon school closure or by successor.
The Committee Substitute for HB 2596 was on second reading today and the Senate adopted the committee amendment allowing superintendents to deny a transfer if the student committed a Level 3 or 4 violation. The bill with be up for passage on Monday.
On first reading were three education related bills. Committee Substitute for SB 543 authorizes rule-making changes to terms, procedures and reporting duties in higher education. The Committee Substitute for SB 601 changes the word “reasonable” to “legislative” rules so that the bill now reads The West Virginia Secondary School Activities Commission shall promulgate legislative rules. The Committee Substitute for SB 602 enables West Virginia State University and Bluefield State University to offer associate degrees. All three bills advanced to second reading.
It’s Friday, so don’t forget to check out WVEA’s Legislative Update and President Dale Lee’s video about this week under the dome.
Thursday, February 16, 2023
Yesterday afternoon, we mentioned the agenda for the House Education Committee was jam packed. Several bills were amended and you can read more about these bills below.
HB 2619 amends the eligibility requirements for the HOPE Scholarship. The bill strikes through the language requiring a recipient be a student in the public schools for 45 days thereby opening it up to students in private schools and those being home-schooled currently. The bill now goes to the Committee on Finance.
HB 3223 allows a special education teacher to sign a waiver on class size and caseload requirements and receive compensation for the overage. The bill states that if the school or county requested a waiver on the numbers, the teacher had to agree to the waiver request. The bill now goes to the Committee on Finance.
HB 2607 clarifies that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time. The bill now goes to the House Floor.
HB 3408 cleans up statutory provisions regarding the HOPE Scholarship program. The bill allows for students in learning pods and micro schools be eligible for the HOPE Scholarship. The bill now goes to the House Floor.
HB 3546 provides for schools with more than 200 students to employ a substitute teacher for 180 instructional days. An amendment was offered by Delegate Clark to pay the 180 day substitute the provision in current code for long term situations. The amendment passed. The bill now goes to the Committee on Finance.
HB 3547 increases the number of personal leave days that county board of education employees may use from 4 to 5. The bill now goes to the Committee on Finance.
HB 3548 relates to a teacher’s duty-free lunch and daily planning periods. This bill changes the current requirement from “shall” to “may” and significantly weakens the statutory requirement. This could put daily planning periods and duty-free lunches at risk. Contact your Delegate today and let them know the word “shall” needs to go back into the bill to protect your duty-free lunch and planning period!
HB 3549 relates to classroom teachers and special education teachers individualized education program requirements. The bill provides for the teacher not be required to write the IEP unless no one else is available. The bill now goes to the House Floor.
Finally, House Joint Resolution (HJR) 17 provides for the election of members of the State Board of Education. It allows for the election of 6 of the 9 members of the State Board with the remaining 3 being appointed by the Governor. A committee amendment allowing the legislature to review the rules adopted by the state board was adopted by a vote of 13-11. The amendment puts the same language in that the voters of WV defeated in Amendment 4 in the 2022 election. The bill now goes to the House Floor.
Today on the House floor, the following bills were on third reading:
SB 275 adds the State Fire Marshals to the statute included with law enforcement and first responders that receive information on school safety requirements passed by a vote of 98-0 with 2 absent.
The Committee Substitute for HB 2820 provides HOPE Scholarship recipients with the ability to play sports passed by a vote of 72-23 with 5 absent.
HB 3218 requires suicide prevention resources to be printed on student identification cards. This bill passed by a vote of 96-0 with 4 absent.
The Committee Substitute for HB 3293 relates to identifying and educating exceptional children, exhibiting indicators or diagnosed with dyslexia or dyscalculia. The bill passed by a vote of 98-0 with 2 absent. There were no education-related bills on first or second reading.
During the Senate Education Committee meeting this morning, 4 bills were discussed.
SB 195 authorizing health care professionals to prescribe glucagon rescue therapies to schools along with a standing order to administer the therapies in emergency hypoglycemic emergencies. The bill also authorizes elected school personnel to receive training for diabetes-related emergencies and general diabetes care. A committee substitute was offered to prohibit school personnel to administer glucagon without the authorization of the school nurse. The committee substitute was amended to say each school should have a glucometer, and the amendment passed. The bill now goes to the Senate Floor.
Moving from first reading to second during the Senate’s Floor Session today was the Engrossed Committee Substitute for the bill modifying when a nonresident student’s transfer may be denied (HB 2596).
Wednesday, February 15, 2023
Today on the House Floor, four education related bills were on second reading.
The Committee Substitute for SB 275 adds the State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements. The Committee Substitute for HB 2820 provides HOPE Scholarship recipients with the ability to play sports. HB 3218 requires suicide prevention resources be printed on student identification cards. The Committee Substitute for HB 3293 relates to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia. No amendments were offered and all four bills advanced to third reading to be considered for passage tomorrow.
The Committee Substitute for the bill creating a vocational math class for students interested in careers in the trades (HB 3055) was the only education bill on the Senate Floor today. The bill was on third reading and passed without discussion with a vote of 34-0.
The Senate’s Committee on School Choice met this afternoon and took up two bills. Both bills have Committee Substitutes and were passed with minimal discussion. SB 589 opens participation in the Hope Scholarship to any student exempt from compulsory school attendance who meets the other eligibility requirements. The bill was double referenced and now heads to the Senate Finance Committee. SB 601 adds micro schools and learning pods to the home-schools ability to participate in athletic and other extracurricular activities of secondary schools. The Committee Substitute removes the requirement for home-schooled students to be enrolled in at least one virtual instructional course per semester.
The House Education Committee met at 1:30 this afternoon with a big agenda, and was still meeting at 4:00. An update on this meeting will be posted later.
Tuesday, February 14, 2023
It may be Valentine’s Day, but there’s not a lot of love under the dome. Yesterday, during the House Education Committee meeting, delegates debated over the Hope Scholarship Sports bill (HB 2820) for hours. Delegate Hornbuckle from Cabell County offered several amendments to clean up the language of the bill and provide the same opportunities for all students, but every amendment was vehemently voted down. The committee went into recess twice to regroup, and passed the bill out of committee, adding Hope Scholarship recipients to the home-school sports bill permitting those students to participate in sports if the sport is not available through their learning program.
The Senate Education Committee met this morning to discuss three bills. HB 2596 modifies when a nonresident student’s transfer may be denied. An amendment was adopted to allow superintendents to deny a transfer if a student committed a Level 3 or Level 4 violation, and the committee voted to pass the bill.
During today’s floor session, the Senate passed two bills. SB 99 establishes procedures for potential consolidation or shared services of school districts, and the multi-tiered system of support for early literacy and numeracy in grades K-3 bill (SB 274). SB 274 advanced to third reading yesterday with the right to amend, and Senators Rucker and Barrett moved to amend the bill today with a strike and insert changing the dyslexia screeners to no less than twice per year in grades K-3. The amendment was adopted and the bill passed with a 34 to 0 vote.
The Committee Substitute for vocational math class bill (HB 3055) advanced to third reading and will be up for passage tomorrow. The bill was amended in the Education Committee to add “and specific content” to the Qualifications section stating instructors must meet the same qualifications as needed to teach current trade classes in the public schools and specific content.
Monday, February 13, 2023
Today in the House Floor session the following bills were on second reading:
The Committee Substitute for HB 2005, a bill to establish a dual enrollment pilot program for classes at our Community and Technical Colleges in conjunction with the state board, advanced to third reading.
The Committee Substitute for HB 3098 eliminates the WV General Summative Assessment and replaces it with a formative assessment given three times a year. The bill was amended by Delegate Ellington to clarify that virtual charter schools can test virtually. The Committee Substitute for HB 3098 as amended advanced to third reading.
The Committee Substitute for HB 3113 requires high school students to complete a course in personal finance and was advanced to third reading.
All three bills will be up for passage tomorrow, February 14.
Over in the Senate, three bills were passed, two bills were advanced to third reading and one bill advanced to second reading.
The latest Committee Substitute for the Charter School Stimulus Fund bill (SB 47) will provide financial support for start-up costs. The latest Committee Substitute making it a felony offense for a school employee to engage in sexual contact with students (SB187) added “volunteer” to the bill. SB 237 provides a one time payment for certain retirees and brings the monthly annuity up to $1,000 for retirees who are at least 70 years old with at least 25 years of service. All three bills passed.
The Senate advanced advanced two bills to third reading without adding any amendments. Those bills were SB 99 which establishes procedures for potential consolidation of school districts, and the multi-tiered system of support for early literacy and numeracy in grades K-3 bill (SB 274).
Advancing to second reading was the Committee Substitute for HB 3055, which creates a vocational math class for students interested in careers in the trades.
The House Education Committee met at 2:00 today, and as of 4:15, were still debating bills. The first bill discussed was the Committee Substitute for HB 3293. This bill addresses screening for dyslexia and dyscalculia in grades K-2. No amendments were offered and the Committee Substitute passed with little discussion. The second bill discussed was HB 2820. The bills adds Hope Scholarship students to the bill already allowing home-schooled students to play sports. The debate was ongoing, and we will update you tomorrow with the final outcome from the meeting.
Friday, February 10, 2023
Both the House and Senate had their floor sessions at 9:00 this morning. The Senate passed the bill reestablishing Aide V and Aide VI school service personnel classifications (HB 2602). The bill simply puts the classifications back into statute because they were mistakenly left out last year. There were three education related bills on second reading advancing to third and will be up for passage Monday. The latest Committee Substitute for the Charter School Stimulus Fund bill (SB 47) will provide financial support for start-up costs. The latest Committee Substitute making it a felony offense for a school employee to engage in sexual contact with students (SB187) added “volunteer” to the bill. SB 237 provides a one time payment for certain retirees and brings the monthly annuity up to $1,000 for retirees who are at least 70 years old with at least 25 years of service.
The Senate also advanced all their bills on first reading to second. Among those bills were SB 99 which establishes procedures for potential consolidation of school districts, the multi-tiered system of support for early literacy and numeracy in grades K-3 bill (SB 274).
During the House floor session, the Committee Substitute for HB 2832, a bill to clarify appropriate and inappropriate duties for school counselors passed by a vote of 93-0 with 7 absent.
Three bills advanced from first reading. The Committee Substitute for HB 2005, a bill to establish a dual enrollment pilot program for classes at our Community and Technical Colleges in conjunction with the state board. The Committee Substitute for HB 3098 eliminates the WV General Summative Assessment and replaces it with a formative assessment given three times a year. The Committee Substitute for HB 3113 requires high school students to complete a course in personal finance. All three bills are expected to be on second reading Monday, February 13.
The following bills were discussed in House Education today. HB 3218 requires suicide prevention resources be printed on student identification cards in schools that use identification cards. The motion to report the bill to the floor with the recommendation it do pass was adopted.
HB 3259 exempts county school busses from paying the toll on the WV Turnpike. This is for busses to and from school and on extracurricular activities. Upon a motion, the bill was postponed indefinitely.
HB 3271 increases monitoring of special education classrooms. This bill expands current law to add an audio recording device in the bathrooms of special education classrooms. The recording must be reviewed at least 15 minutes every 90 days. Delegate Tully moved to allow a parent to opt out of using this bathroom and the school must provide an alternative. The motion was adopted. The motion to report HB 3271 as amended to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted. SB 275 adds State Fire Marshals to the statute included with law enforcement and first responders that receive information on school safety requirements. The motion to report the bill to the floor with the recommendation it do pass was adopted.
Be sure to check out this week’s Legislative Update and video from WVEA President Dale Lee.
Thursday, February 9 2023
It’s Day 30, which means we are halfway through the 2023 session!
Three bills were discussed today in Senate Education. The first bill requires a joint meeting when two or more counties are discussing consolidation and sharing services (SB 99). The bill passed the Senate last year, but died in House Education. Jim Brown, Executive Director of the School Board Association, addressed concerns the School Board Association has with the bill. The motion to report the bill to the full Senate with the recommendation it do pass was adopted.
A proposed Committee Substitute for SB 543 authorizing rule-making changes to terms, procedures and reporting duties in higher education was adopted. The Committee Substitute cleaned up language in the statute and incorporated clarifying language. A motion to report the Committee Substitute for SB 543 to the full Senate with the recommendation it do pass but first be referred to the Committee on Finance was adopted.
The final bill discussed in Senate Education was the Committee Substitute for HB 3055 creating a vocational math class for students interested in careers in the trades. Senator Plymale asked questions of Superintendent Roach who explained our Vocational Technical Centers currently employ a math and a language arts teacher to teach the content area. Senator Plymale offered an amendment to ensure the math class is taught by a certified math teacher to satisfy all graduation requirements. The amendment was adopted. A motion to report the Committee Substitute for HB 3055 as amended to the full Senate with the recommendation it do pass was adopted.
The Senate Health and Human Resources Committee met this afternoon to discuss a PEIA related bill (SB 268). A Committee Substitute was presented and a couple of clarifying questions were asked before being adopted, but a hard copy was not provided. WVEA has some concerns with the Committee Substitute as described by counsel, and once we have it in hand, we will be able to study the bill and share a more in depth comparison. The next step for the Committee Substitute for HB 268 is the Finance Committee. Be on the lookout for more information tomorrow afternoon during WVEA’s Legislative Update.
Over in the House, one education related bill was up for passage. The bill declaring a shortage of qualified bus operators and allowing retired bus operators to accept employment (HB 2346) passed with a 94-0 vote with 6 absent.
Back on the calendar today was the school counselor bill (HB 2832). This bill has been delayed multiple times and removed from the active calendar, but was on second reading today. Delegate Holstein from Boone County offered an amendment to clarify that counselors would not have to maintain academic records, and the amendment was adopted. The bill advanced to third reading and will be up for passage tomorrow.
Wednesday, February 8, 2023
Tuesday afternoon, the Senate Judiciary Committee took up a bill that makes a new felony offense of inappropriate sexual activity with a student, regardless of the student’s age or consent (SB 187). The committee amended the bill to include school volunteers and advanced it to the full senate.
During this morning’s Senate floor session, four education related bills were passed. The first bill (SB 450) further defines a medical exam for disability retirement purposes. This bill clarifies that a remote exam may be acceptable and that the physician must be approved by the agency. The second bill (SB 451) allows charter school teachers to participate in the state Teachers Retirement System. The third bill passing today requires the BOE to provide feminine hygiene products in certain grades (SB 489). The final bill passing in the Senate this morning authorizes legislative rules regarding higher education (HB 2800).
On second reading in the Senate was the Committee Substitute for SB 216 which requires all public schools to instruct students on Holocaust, other genocides and financial literacy by the completion of 12th grade. The bill advanced to third reading without any amendments, and will be up for passage tomorrow.
On first reading was the House Bill reestablishing certain specialized school service personnel classifications (HB 2602). The bill returns Aide V and Aide VI back to the statute, which were inadvertently deleted, and was advanced to second reading.
The Senate Pensions Committee met this afternoon and discussed a bill related to charter schools. SB 453 ensures retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor. The bill passed committee with no amendments.
Today on the House Floor, the Committee Substitute for HB 2346 allowing retired bus operators to accept employment after retirement in shortage areas advanced to third reading.
In House Education, five education bills were discussed. HB 3068 established a WV Stem Scholarship Program that allows those teachers with a masters degree who have taught in WV for 5 years can apply for a $5000 in debt relief and those who have taught 10 years can apply for $10,000 in debt relief. The scholarship program will begin in January, 2024 and run through 2030. The motion to report the bill to the floor but first be referred to the Committee on Finance passed.
HB 3084 clarifies that public charter schools have access to School Safety funding and increase enrollment funding. A strike and insert amendment was offered to clean up language to increase the funding from 90% to 99%. The amendment also changes the ability of a charter school student being able to participate in extracurricular activities at their home non-charter school only. It also allows an institution of higher learning to be a charter school applicant. Delegate Tully offered an amendment to clarify language in the bill addressing conveying property to a school board. The motion passed. Delegate Hornbuckle moved to amend the bill to add public non-charter schools to the communications from the state department and public charter schools. The motion passed. The motion to report the Strike and Insert for HB 3084 as amended be reported to the floor but first be referred to the Committee on Finance was adopted by a 14-4 vote.
The Committee Substitute for HB 3098 will eliminate the state’s summative assessment and replace it with a formative assessment to be give three times per year. The Committee Substitute is to employ a new design for the test. The assessment must not exceed more than one day per subject area. The county shall not use more than one additional formative assessment. The effective date would be the 2024-2025 school year. The motion to report the Committee Substitute to the floor with the recommendation it do pass was adopted.
The Committee Substitute for HB 3113 requires a high school student to complete a course in personal finance. The course must have an end of course assessment. The bill allows county additional options for this course since personal finance is offered in the required Civics course. The motion to report the Committee Substitute for HB 3113 be reported to the floor with the recommendation it do pass was adopted.
HB 3224 adds WV Junior College to the list of institutions that may receive the PROMISE Scholarship. The motion to report HB 3224 to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.
During the Senate’s 4:00 floor session, the Committee Substitute for SB 424, the Senate’s tax plan, was reported to the floor from the Finance Committee. The Senate then accepted the report, and read the bill a first time. Senator Takubo then moved to suspend the rules to take up the bill immediately. The bill has a 15% across the board state income tax reduction. The bill also has a trigger for further tax reduction based on economic growth. The bill also provides personal property tax credits for automobiles and a 50% refundable tax credit for five personal property categories for businesses. Since the bill was fast tracked, we will explore the bill and report on other tax reliefs in the bill. The bill passed on a 33-0 vote with one absent.
Tuesday, February 7, 2023
Three bills were discussed during the Senate Education Committee meeting this morning. The first bill would increase the salary for teachers with less than eight years of experience (SB 204). The bill simply moves teachers with 0 to 7 years of experience to the 8-year salary step. The bill is a way to entice new teachers to come into the state and stay in WV. Questions were asked and some discussions were held. WVEA President Dale Lee provided information on beginning salaries in our contiguous states. The motion passed to report the bill to the floor with the recommendation of passage, but first be reported to the Committee on Finance.
The second bill was the school personnel whistle-blower law (SB 519). This bill adds additional protections for school employees that report wrong doing. A Committee Substitute was discussed to add public charter schools to the whistle-blower protections. The Committee Substitute was adopted. The motion to report the Committee Substitute to the floor with the recommendation of passage but first be reported to the Committee on the Judiciary passed. The third bill reestablishes the Aide V and Aide VI back into the statute that were inadvertently left out of the statute last session (HB 2602). The motion to report the bill to the floor with the recommendation it does pass was adopted.
During the House floor, the bill creating a vocational math class (HB 3055) passed by a vote of 97-0, with three delegates being absent. This bill creates a transitional math class for high school students interested in careers in the trades. The bus operator shortage bill (HB 2346) advanced to second reading. This bill allows retired bus operators to drive more than 140 days in critical needs situations.
On the Senate floor, two bills concerning retirement advanced to third reading. The first retirement bill (SB 450) further defines a medical exam for disability retirement purposes. This bill clarifies that a remote exam may be acceptable and that the physician must be approved by the agency. The second retirement bill (SB 451) allows charter school teachers to participate in the state Teachers Retirement System. Also advancing to third reading is (SB 489), requiring the BOE to provide feminine hygiene products in certain grades. Another bill (SB 216) was advanced to second reading, which requires all students to receive instruction on the Holocaust, other genocides, and financial literacy.
Monday, February 6, 2023
It’s Day 27 under the dome. The Senate passed the bill to repeal outdated provisions of code relating to the WV graduate college and Marshall University (Eng. HB 2835) with a 33-0 and 1 absent vote. On first reading today and advancing to second reading were four education related bills. Three deal with the retirement system. SB 449 updates terms for charter schools, SB 450 allows a medical examination to be either in person or virtual for disability purposes, and SB 451 allows for public charter school teachers and non teachers to participate in either retirement system. Also on first reading was the bill requiring county BOEs to provide free feminine hygiene products in grades six through twelve (SB 489).
Senate Judiciary meets this afternoon to discuss two education bills. SB 560 limits recovery on claims for abuse to secure financial solvency of public and private school systems. SB 538 deals with the procedure on level three appeals and removes the circuit court of Kanawha County only to replace it with the Intermediate Court of Appeals.
Over in the House, the counselor bill was moved to the inactive calendar (HB 2832). The bill clarifies the appropriate and inappropriate duties for school counselors and has been delayed multiple times before today’s move, and may not see any further movement. The Rules Committee will have to move it back to Special Calendar for the bill to run. On second reading was the Committee Substitute for the bill creating a vocation math class (HB 3055). The bill advanced and will be up for passage tomorrow.
WVEA President Dale Lee, along with AFT-WV President Fred Albert, presents the findings from the Solutions for Success focus groups to the House Education Committee this afternoon.
Friday, February 3, 2023
The grievance procedure bill (SB 461) passed in the Senate today by a vote of 29-1 with four absent. This bill has several concerning provisions including requiring a notarized signature on each grievance, requiring all level three appeals to go to the intermediate court instead of Kanawha circuit court, and allows the ability for the agency to recover attorney fees and costs from the grievant if the agency prevails on the appeal. This will have a chilling effect to redress issues through this process. Also, the Senate passed the bill, adding the state fire marshal’s office to the list of law enforcement agencies that would receive information on school emergency plans (SB 275).
Two retirement related bills were on first reading but both were held over, keeping their place in the Senate calendar, until Monday (SB 449 & SB 451).
Today in the House, the Committee Substitute for (HB 2380) relating to School Building Authority passed by a vote of 92-1 with 7 members absent. This bill simply removes obsolete sections of code and updates it.
The Committee Substitute for (HB 2443) allowing service employees with National Association for Pupil Transportation Certification to be eligible for supervisory positions passed by a vote of 79-14 with 7 members absent.
The Committee Substitute for (HB 2832) clarifying appropriate and inappropriate duties for school counselors and providing the definition of a school counselor was once again laid over and will retain its place on 2nd reading Monday, February 6.
Finally, the Committee Substitute for HB 3055 moved from first reading to second reading. This bill creates a transitional math class for high school students in the vocation/trades programs.
Thursday, February 2, 2023
President Dale Lee, along with AFT-WV President Fred Albert, presented the findings from the Solutions for Success focus groups to the Senate Education Committee this morning. After the presentation, President Lee answered questions from the committee.
Also discussed in Senate Education were bills requiring all schools to instruct students on Holocaust and other genocides (SB 216), requiring boards of education to provide free feminine hygiene products in grades six through twelve (SB 489), and a house bill relating to authorizing legislative rules regarding higher education (HB 2800). All three bills passed through committee, but one was amended. Senator Roberts from Raleigh County offered an amendment to remove the words private, parochial, and denominational not only from the newly added section of SB 216, but from that entire section of code under the premise the state should not mandate instruction in non public schools. After some debate, the amendment was adopted. Senator Oliverio from Monongalia County then offered an amendment to add financial literacy into statute, and this amendment was also adopted. Senator Trump from Morgan offered the final amendment to add by the completion of twelfth grade to the bill, and this amendment also passed. The bill as amended passed the committee and will be reported to the Senate floor as Committee Substitute for SB 216.
On the Senate floor session today, two bills were on second reading and advanced to third without amendments. One bill adds State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (SB 275) and the other bill is the Committee Substitute for the bill relating to the WV public employees grievance procedure (SB 461). If passed, the grievance bill would require grievance forms to be notarized. Another change would be all level three grievance decisions would be appealable to the intermediate court instead of the Kanawha County circuit court, and the prevailing party in these appeals may collect costs from the losing party. Both bills will be up for passage tomorrow.
Today on the House floor session, an amendment was offered for Committee Substitute for HB 2380 to clarify the funding for the School Building Authority will go directly to the School Building Authority general fund. The amendment passed and the bill will be advanced to third reading. The Committee Substitute for the National Association for Pupil Transportation Certifications bill (HB 2443) also advanced to third reading. This bill would allow those with the certification and bus driving experience to apply for Transportation Director positions. The Committee Substitute for the bill clarifying appropriate and inappropriate duties for school counselors (HB 2832) was on second reading, but it was laid over for one day. It will be on second reading again tomorrow and amendments are expected. This is the fourth delay for the bill.
Wednesday, February 1, 2023
During the Senate floor session, a bill adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (SB 275) and the Committee Substitute for the bill relating to the WV public employees grievance procedure (SB 461) were on first reading and advanced to second. If passed, the grievance bill would require grievance forms to be notarized. Another change would be all level three grievance decisions would be appealable to the intermediate court instead of the circuit court, and the prevailing party in these appeals may collect costs from the losing party. Both bills will be on second reading tomorrow.
The Senate Pensions Committee met this afternoon and took up the Committee Substitute for a bill relating to the Teachers’ Retirement System and the Teachers’ Defined Contribution Retirement System (SB 451). The bill limits the ability to combine public employees’ and teachers’ retirement credit into the Teachers’ Retirement System for those hired after July 1, 2015. The committee also discussed a bill that would change the required medical examination to terminate disability benefits to either virtual or in person (SB 450).
Over in the House, the Committee Substitute for the bill clarifying appropriate and inappropriate duties for school counselors (HB 2832) was on second reading, but it was postponed for one day. This is the third delay for the bill. It will be on second reading again tomorrow and amendments are expected.
Two education bills were on first reading and advanced to second. The Committee Substitute for the School Building Authority bill (HB 2380) and the Committee Substitute for the National Association for Pupil Transportation Certifications bill (HB 2443). The SBA bill removes or revises obsolete, outdated provisions and the transportation bill clarifies that someone who applies for the Director of Transportation must have driving experience. Both bills will be on second reading tomorrow.
Tuesday, January 31, 2023
Tuesday morning started off in the Senate Education Committee. The first bill discussed would add State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (SB 275). The next bill provides funding for CPR instruction to high school students (SB 469). This bill provides the funding for high school seniors to take CPR training during their high school experience. The counties will make a request to the state department of education to receive the funding. All three bills will be reported to the floor with the recommendation they do pass, but SB 469 will first be reported to the Committee on Finance.
During the Senate floor session, the three education related bills on third reading all passed with a 31-0 vote with 3 absent. Those bills were the Committee Substitute for the bill creating a taskforce to find direct funding options for adult education (SB 222), the bill that establishes a summer feeding program (SB 306), and the bill revising requirements of local school improvement councils (SB 428).
Over in the House, the Committee Substitute for the bill clarifying entitlements for the general education teacher who has students with exceptionalities in their classroom (HB 2850) was on third reading and passed by a vote of 96-0 with 4 absent. The Committee Substitute states that a classroom assistant shall be provided if it is written in the student’s IEP.
Also on third reading, but with the right to amend, was the Committee Substitute for the bill modifying student discipline (HB 2890). The Committee Substitute allows placement in an Alternative School setting, if the county has one, in place of suspension. Delegate Elliott Pritt offered five amendments to the bill. The first was to clarify what “personality conflict” means and clarifying language on reassigning a student if another class is offered. The amendment failed by a vote of 18-78 with 4 absent. The second amendment Delegate Pritt offered would clarify that a student who has an IEP or a 504 plan, the new behavioral plan would not supersede the previous plan. The amendment also failed. The third amendment offered by Delegate Pritt would make sure the student removed from the classroom has instruction while out of the classroom. The amendment failed by a vote of 17-79 and 4 absent. The fourth amendment offered by Delegate Pritt would require reporting of discipline infractions to the State Superintendent and ultimately LOCEA. The amendment failed by a vote of 14-82 with 4 members absent. The fifth and final amendment offered by Delegate Pritt would establish a SAT team after the second exemption from class to address the behavior issue. The motion failed by a vote of 25-71 with 4 absent. There being no other amendments, the Committee Substitute for HB 2890 passed by a vote of 79-16 with 5 absent.
The Committee Substitute for the bill to modify when a nonresident student’s transfer may be denied (HB 2596) was on second reading. This bill would allow a school to deny a transfer of a student with discipline referral forms. Delegate Summers offered an amendment to strike the attendance and discipline options as reasons to deny the transfer out of the bill. The amendment was adopted 52-40 with 8 members absent. The bill as amended will advance to third reading and will be up for passage tomorrow, February 1. This effectively guts the legislation.
After being postponed twice, the Committee Substitute for the bill clarifying appropriate and inappropriate duties for school counselors (HB 2832) advanced to second reading. There, the bill will be amendable.
Monday, January 30, 2023
Day 20 started off with 11:00 floor sessions for both chambers. In the Senate, three education bills were on third reading and all three passed. These bills require an impact statement in certain instances of school closing or consolidation (SB 51), create a program where county boards of education can contract school safety services from veterans and retired law enforcement (SB 282), and require the official motto of the United States in public schools and institutions of higher education (SB 251).
Three additional bills were on second reading in the Senate today. These bills are the Committee Substitute for the bill creating a taskforce to find direct funding options for adult education (SB222), the bill that establishes a summer feeding program (SB 306), and the bill revising requirements of local school improvement councils (SB 428). All three bills advanced without amendments, and will be up for passage tomorrow. No education related bills were on first reading.
During the House floor session, three education bills were on second reading. The bill to modify when a nonresident student’s transfer may be denied (HB 2596) was postponed one day. This bill would allow a school to deny a transfer of a student with discipline referral forms. The Committee Substitute for the bill clarifying entitlements for the general education teacher who has students with exceptionalities in their classroom (HB 2850) advanced to third reading with no amendments. The Committee Substitute states that a classroom assistant shall be provided if it is written in the student’s IEP. The Committee Substitute for the bill modifying student discipline (HB 2890) advanced to third with the right to amend on third reading. The Committee Substitute allows placement in an Alternative School setting if the county has one in place of suspension. The bill still prohibits a student from coming back into the classroom for the day if the teacher sent them out.
Postponed again was the Committee Substitute for the bill clarifying appropriate and inappropriate duties for school counselors (HB 2832). This bill originally was on first reading Friday, but was delayed until today. It will be on the calendar again for first reading tomorrow.
Senate Judiciary met this afternoon and discussed the Committee Substitute relating to the WV public employees grievance procedure (SB 461). All grievances would have to have a notarized signature in order to be filed. All level three grievance decisions will now be appealable to the intermediate court instead of the circuit court, and the prevailing party in these appeals may collect costs from the losing party. The motion passed to report the bill to the floor with the recommendation it do pass.
The House Education Committee also met this afternoon to discuss several bills, including the Senate’s Anti-Critical Race bill.
The bill granting in-state resident status to economic development participants (HB 2279). The motion passed to report the bill to the floor with the recommendation it do pass but first be referred to the Committee on Finance.
The School Building Authority bill (HB 2380) simply removes outdated sections of code. A Committee Substitute was offered to clean up language on the funding and removes several sections of code that are no longer relevant. The Committee Substitute was adopted and will move to the floor with the recommendation it do pass.
The next bill relates to service employees with National Association for Pupil Transportation Certifications (HB 2443). A Committee Substitute was offered to clarify that someone who applies for the Director of Transportation must have driving experience. The motion passed to report the bill to the floor with the recommendation it do pass.
Following the bus driver bill was a bill that raises salaries for school service personnel (HB 2598). The bill increases salaries for school service personnel by $900 per month. An amendment was offered by making the effective date July 1, 2023 and for the school year 2023-2024. The amendment was adopted. The motion to move the bill to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.
The next bill raises WV teaching salaries (HB 2828). The bill increases the beginning teacher salary to $44,000 and increases all the steps by $4945 according to information provided by the Department of Education to bring parity to surrounding states. The motion to move the bill to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.
Both pay raise bills face a tremendous uphill battle to pass, and we will keep you updated each step along the way.
The bill allowing the State Superintendent of schools to automatically suspend certificates of those charge or indictment of certain offenses or revoke certification upon guilty pleas or conviction (HB 2942) was next. The motion passed to report the bill to the floor with the recommendation it do pass but first be reported to the committee on the Judiciary.
The Anti-Critical Race Theory bill (SB 130) was the final bill discusses. The bill passed the House last year and was passed by the Senate 1 minute after midnight, so therefore did not pass. Questions were asked on council regarding the language in the bill. Delegate Elliott Pritt offered an amendment to add “unsubstantiated” to the language. He believes if we are collecting data on substantiated complaints, we also need to keep the unsubstantiated data. The amendment failed. Delegate Hornbuckle offered an amendment to add “religion” to state no race or religion is superior to another. The amendment failed 22-3. Delegate Hornbuckle offered another amendment to add that teachers shall add training in cultural competency. The amendment failed. The motion was then made to report SB 130 be reported to the floor with the recommendation it do pass but first be reported to the Committee on Judiciary. The motion passed 22-3.
Friday, January 27, 2023
We are seventeen days into the 2023 legislative session and the WV Senate has passed fifty-two bills, the House of Delegates has passed nineteen bills, and Governor Justice has signed two bills into law. With forty-three days left to go, there is still a lot of work to do.
In the Senate today, the Committee Substitute requiring an impact statement in school closings or consolidations (SB 51), the bill to display the official motto of the United States in public schools (SB 251), and the Committee Substitute allowing county boards of education to contract veterans and retired law enforcement for school safety (SB 282) all advanced from second to third reading without amendments. The bills will be up for passage Monday.
Three education bills were on first reading in the Senate and advanced to second reading. These bills are the Committee Substitute creating a taskforce to find direct funding options for adult education (SB222), the bill that establishes a summer feeding program (SB 306), and the bill revising requirements of local school improvement councils (SB 428). All three bills will be on second reading Monday.
The Senate once again suspended constitutional rules to introduce and pass a bill today allowing additional funding for charter schools (SB 510). This bill was requested by Governor Justice.
Over in the House of Delegates, a bill passed amending performance evaluations of professional personnel (HB 2597) and states if any area or level of performance is less than accomplished, data and an explanation must be provided.
Three bills were on first reading today. The Committee Substitute modifying when a nonresident student’s transfer may be denied (HB 2596), the Committee Substitute clarifying general education teachers’ entitlements who provide academic support for students identified as having an exceptionality whos least restrictive environment remains the general education classroom (HB 2850), and the Committee Substitute modifying student discipline (HB 2890) all advanced to second reading.
One other bill was on first reading today, but was held over until Monday. The bill clarifies appropriate and inappropriate duties for school counselors (HB 2832).
Don’t forget to check out WVEA’s Week 2 Legislative Update and watch President Dale Lee’s video summarizing his week under the dome.
Thursday, January 26, 2023
This morning in Senate Education, a Committee Substitute was offered for the bill requiring the State Superintendent of Schools to establish a task force to look at alternative funding for adult education (SB 222). The committee substitute was adopted and will be reported to the floor with the recommendation it do pass.
Next on their agenda was a bill allowing county boards to continue with their feeding programs during the summer and on days there are no school (SB 306). The committee adopted the bill and will report it to the floor with the recommendation it do pass.
The final bill looks at the requirements of local school improvement councils (SB 428). The bill allows one of the two service professionals to be a bus driver instead of requiring a bus driver. It also simplifies the election of the parents on the Council. The bill requires minutes to be taken at meetings and posted on the school’s website, and also allows Charter Schools to adopt Local School Improvement Councils. The committee adopted the bill and will report it to the floor with the recommendation it do pass.
During the Senate Floor session today, three education related bills were on first reading and advanced to second. The Committee Substitute for the bill requiring an impact statement in certain school closings and consolidation (SB 51). The bill shall give the impact statement substantial weight when making a decision on any proposal to close or consolidate a school. Areas to be addressed are student transportation time, the financial health of the county, the enrollment of the school(s), the school personnel employed, and the community. The second bill pertains to displaying the official motto of the United States in public schools and institutions of higher education (SB 251). All three bills will be on second reading tomorrow.
Today on the House Floor, there were two education bills on second reading. The first bill amends performance evaluations of professional personnel (HB 2597) by stating if any area or level of performance is less than accomplished, data and an explanation must be provided. The second bill authorized legislative rules regarding higher education in the areas of performance based funding formula, tuition and fees, capitol projects and other areas (HB 2800). Both bills advance to third reading for Friday.
Wednesday, January 25, 2023
Two education related bills were on first reading. The first amends the performance evaluations of professional personnel by stating if any area or level of performance is less than accomplished, data and an explanation must be provided (HB 2597). The second bill authorizes legislative rules regarding higher education as it pertains to performance based funding formula, tuition and fees, capitol projects and other rules (HB 2800).
House Education met today and discussed several bills. The first was a bill modifying when a nonresident student’s transfer may be denied (HB 2596). The bill establishes an open enrollment policy in the county. This bill can deny the transfer of any student who has been suspended or expelled for various offenses spelled out in the bill or has 10 unexcused absences. A Committee Substitute was offered to clean up language in the bill. The Committee Substitute passed the committee and will be reported to the floor with the recommendation it do pass.
The next bill repeals outdated provisions of code relating to the WV graduate college and Marshall University (HB 2835). The provisions no longer apply. The motion passed and the bill will be reported to the floor with the recommendation it do pass.
A bill clarifying general education teachers entitlements for the classroom (2850) was the next bill discussed. For educators who provide academic support for Special Education students, the bill clarifies the general ed teacher must receive training, the right to reconvene the SAT team, and provides for a teaching assistant if specified in the IEP. A Committee Substitute was offered to clean up language and to specify the teaching assistant for the student must be included in the IEP. The Committee Substitute passed the committee and will be reported to the floor with the recommendation it do pass.
Modifying student discipline (HB 2890) was the following bill. This bill modifies the authority of the teacher to remove a student, states the student cannot be returned to the class the rest of the day, states the teacher has 24 hours to complete the discipline form, and requires the county to implement a tier system policy to provide a framework for discipline with teacher input. A Committee Substitute was offered to clarify the removed student will be under the supervision of the Principal or their designee. It also clarifies that not returning to the classroom is for that specific class. Delegate Tully moved to amend the bill by adding “or may be considered for placement in an alternative learning center if one is available in the county school system” instead of an out of school suspension. The amendment passed. A motion was then made that Committee Substitute for HB 2890 as amended do pass and be reported to the floor with the recommendation it do pass.
The final bill would permit administrators and teachers in K-12 schools to be authorized to carry concealed firearms as a designated school protection officer (HB 2549). The teacher must volunteer, be approved by the principal and the board at a public hearing, go through extensive training, have a psychological evaluation, and must carry the weapon at all times. A strike and insert amendment was offered that added support personnel working in the school could also be designated as the school protection officer. It would also allow tasers and stun guns instead of pepper spray or aerosols. The strike and insert also lists how the program will be funded. The applicant will have to undergo an examination by the Behavioral Health Center. School Safety Coordinator Ron Arthur testified at length. His expressed concerns about having teachers armed in the days there was not an active shooter. A secondary amendment was offered by Delegate Elliott Pritt to clarify the type of ammunition to be used. The motion failed. Delegate Hornbuckle offered an amendment adding the School Protection Officer has no complaints by students or teachers. The motion failed. The motion to accept the strike and insert then passed by a vote of 23-2. HB 2549 as amended then passed out of committee and will be reported to the floor that it do pass but first be reported to the Committee on Judiciary.
Today in the newly created Senate School Choice committee, a Committee Substitute for SB 47, Creating a Charter School Stimulus Fund was discussed. The committee substitute increased the initial grant from up to $100,000 to $300,000. This grant would allow potential charter school applicants the money for transportation, facilities and start up costs before the first year of the charter school’s operation. Senator Woelfel offered a conceptual amendment that would require the incorporator and the initial board of directors are personally liable to pay back the grant if the school does not open. The amendment failed. `The Committee Substitute for SB 47 passed the committee and will be reported to the floor with the recommendation it do pass but first be reported to the Committee on Finance.
During the floor session, the Senate passed a measure allowing students to transfer one time during their high school athletic career (SB 262). The bill passed with 27 yea votes, 5 nay votes with 2 absent and not voting. Among the nay votes were Senators Caputo, Hamilton, Queen, Smith and Woelfel. Also passing in the Senate today was the Committee Substitute for the Student Journalist bill (SB 121) providing a framework and parameters for free expression for student journalists in public high schools, colleges, and universities. The final education bill passing today prohibits individuals who have been convicted of certain crimes against minors from holding positions on boards of education (SB 264).
Tuesday, January 24, 2023
The special education aides and behavior disorder aides bill (HB 2602) passed today during the House Floor Session by a vote of 93-0 with 7 absent. The bill returns Aide V and Aide VI back to the statute, which were inadvertently deleted. Speaker Hanshaw’s bill on behalf of the Governor (HB 2776), updating meaning of federal adjusted gross income advanced to third reading. This bill simply adjusts the dates in the statute to January, 2023 and will be up for passage tomorrow.
The Senate passed the Campus Carry bill (SB 10) allowing any licensed individual to carry a concealed weapon on campus at a state institution of higher education. During discussion of the bill, it was noted more than once from both parties that no state institutions of higher education were in favor of the bill.
Two bills advanced to third reading with no amendments. The Student Athlete Transfer bill (SB 262) allows students to transfer schools one time and retain their athletic eligibility. The second bill prohibits individuals who have been convicted of certain crimes against minors from holding positions on boards of education (SB 264). Both bills will be up for passage tomorrow.
Three bills made their way through the Senate Education Committee meeting this morning. The first bill was the Committee Substitute for the WV Guardian Program (SB 282), which allows county boards of education to contract with independent contractors who are either a honorable discharged veteran, a retired state trooper, a retired deputy sheriff, or a specific retired federal law enforcement officer (1811 investigator) to provide school safety services. The bill also permits these contracted individuals to carry a concealed weapon. A bill requiring an impact statement in certain instances of school closing or consolidation (SB 51) was second on the agenda. The bill shall give the impact statement substantial weight when making a decision on any proposal to close or consolidate a school. Areas to be addressed are student transportation time, the financial health of the county, the enrollment of the school(s), the school personnel employed, and the community. The final bill pertains to displaying the official motto of the United States in public schools and institutions of higher education (SB 251). The committee voted to pass all three bills and will be reported to the floor with the recommendation they do pass.
Monday, January 23, 2023
During the House floor session today, the special education aides and behavior disorder aides bill (HB 2602) was on second reading and advanced to third reading. The bill corrects deleted sections of code concerning Aide V (special education) and Aide VI (Behavior Disorder). The definitions are added back to the code in this bill.
House Education met today with a number of bills on the agenda. Committee Substitute for HB 2005 establishes dual enrollment pilot program in health care related fields (HB 2005). The pilot program will be administered by the Higher Education Policy Commissions and the Council for Community and Technical College in conjunction with the State Board of Education. The Committee Substitute passed the committee and will be reported to the floor with the recommendation it do pass.
The second bill discussed was the bus operator shortage bill (HB 2346), declaring a shortage of qualified bus operators and allowing retired bus operators to accept employment. The bill allows retired bus operators to drive more than 140 days in critical needs situations. The bill was amended and is similar to the way retired teachers can exceed the 140 days in areas of critical needs. The bill next heads to the Committee on Finance.
Next was the bill amending performance evaluations of professional personnel (HB 2597). This bill states that if a teacher receives less than accomplished; data and an explanation must be provided. The bill passed the committee and will be reported to the floor with the recommendation it do pass.
The Committee Substitute for clarifying appropriate and inappropriate duties for school counselors bill (HB 2832) was discussed. This bill defines duties counselors cannot do such as build master schedules, coordinate/administer cognitive tests, as well as other duties. The Committee Substitute passed and will be reported to the floor with the recommendation it do pass.
The bill that establishes behavioral health workforce education initiative at the Higher Education Policy Commission (HB 2833). The bill will increase the number of mental health professionals and in other behavior health career areas. The bill passed the committee with the recommendation it do pass but first be reported to the Committee on Finance.
The bill making public charter schools eligible for Safe Schools funds (HB 2827), was the next bill discussed. The bill not only adds charter schools as being eligible, but clarified how remaining funds could be expended as it pertains to cameras in special needs classrooms and entrance ways for schools. The bill passed the committee and will be reported to the floor with the recommendation it do pass but first be reported to the Committee on Finance.
During the Senate floor session, the Committee Substitute for the Campus Carry bill (SB 10) was on second reading today. This bill allows those licensed individuals to carry a concealed deadly weapon on campus at a state institution of higher education.
Two education related bills were on first reading and advanced to second reading. The Committee Substitute for the Student Journalist bill (SB 121) provides a framework and parameters for free expression for student journalists in public high schools, colleges, and universities. The Student Athlete Transfer bill (SB 262) allows students to transfer schools one time and retain their athletic eligibility.
Don’t forget to check out our Legislative Update section each Friday and watch President Dale Lee go over the week’s legislation. https://wvea.org/actioncenter/wvealegupdate/
Friday, January 20, 2023
Fridays are typically short days with the WV Legislature. The House Committee on Finance met at 9:00 A.M. and the House Committee on the Judiciary met at 10:00 A.M. No education related bills were discussed during these meetings. On first reading was the special education aides and behavior disorder aides bill (HB 2602). The bill corrects last year’s bill that deleted sections of code concerning Aide V (Special Education) and Aide VI (Behavior Disorder), and adds their definitions back in.
In the Senate, the bill authorizing prevention programs on child abuse and sexual violence in grades 7-12 (SB 124) passed on third reading. Senate Judiciary heard a presentation by WV Department of Education’s Career Technical Education Director Clinton Burch regarding the status and success of CTE programs statewide.
A link to our first Legislative Update will be emailed today, and President Dale Lee will have a video posted, too.
Thursday, January 19, 2023
The Senate Education committee met this morning to take up three bills. All bills passed out of committee and will be reported to the full senate with recommendation that they do pass and those that are double referenced will be sent to the appropriate committees.
The Third Grade Success Act (SB 274), was first on the agenda. This bill was created to assist students with deficiencies in reading and math and to provide the classroom teacher support with the addition of teacher assistants in grades Pre-K through third grade. With this bill, teachers and teacher’s aides would be provided trainings and professional development so that they can adapt or adopt the new program requirements. The Third Grade Success Act (SB 274) would require benchmarks, interventions in math and reading for students, and as of July 1, 2026, would allow student retention with exceptions in grade 3 for those students who have deficiencies in reading only. This bill does not permit retention for math deficiencies, but does not prevent it either. No amendments were offered and the bill was praised by many Senators on the committee. While the extra help in the classroom is certainly needed, this bill still leaves many questions as to exactly how the program will look in the classroom. This bill will now go to the Finance Committee for further discussion.
Another bill that passed out of committee was a Student Athlete Transfer bill (SB 262) which would allow a student athlete one transfer of schools during their 9-12 school years while retaining athletic eligibility. This transfer does not limit or restrict a student from transferring back to their residential district and the WVSSAC may make eligibility determinations on a case-by-case basis.
Finally, a bill preventing any person who has been convicted of a crime involving a minor to hold a position on boards of education (SB 264) passed the committee. Senator Oliverio offered and amendment to add a sworn statement to the application to run for an office and the amendment was adopted before the committee unanimously passed the bill.
It was another routine floor session today, with two education bills moving. The substantial deference to the State Superintendent’s interpretations of school laws (SB 74) bill was on third reading and passed out of the Senate with 27 yeas, 4 nays (Hamilton, Caputo, Woelfel, and Stover). Three senators absent were absent from voting (Rucker, Boley, and Maroney). This bill will now go to the House. Contact your delegates and let them know you oppose this bill that tips the scales significantly against fairness in the grievance process.
The bill authorizing child abuse and sexual violence prevention programs in grades 7-12 (SB 124) was on second reading today. There were no amendments offered to the bill and it advanced to third reading.
Wednesday, January 18, 2023
Two education bills moved during the Senate Floor Session today. The bill authorizing a child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse prevention (committee substitute for SB 124) was on first reading and advanced to second reading. On second reading with the right to amend was the bill that gives substantial deference to the State Superintendent’s interpretations of school laws (SB 74). No amendments were made, the bill was advanced to third reading and will be voted on tomorrow. Contact your Senators this evening and tell them to vote no on this bill as it will most certainly make the grievance process more burdensome for the grievant, not allow Administrative Law Judges to look at a case with fresh eyes, and cause inconsistency in interpretations as State Superintendents change from year to year.
Senate Pensions Committee met today and took up a retirement bill (SB 237) that gives certain TRS (Teachers Retirement System) and PERS (Public Employees Retirement System) retirees a one time bonus of $1500 and increases the monthly amount as well. In order to qualify for the one time bonus, a retiree must be 70 years of age by July 1, 2023, have at least 20 years of service, and have a monthly annuity less than $1000. If the retiree is 70 by July 1, 2023, has 25 years of service, and receives less than $1000 a month, their benefit will be increased to $1000 a month. Beneficiaries falling within the same guidelines will receive $500 a month. There was one amendment to the bill that changed the effective date from July 1, 2023 to December 31, 2023. This amended bill passed out of committee unanimously and will be reported to the full senate with the recommendation it do pass but first be reported to the committee on Finance.
In House Education today, the classroom aides bill (HB 2003) was first on the agenda. Speaker Hanshaw is the lead sponsor of the bill that provides early childhood assistant teachers and systems of supports to help students achieve grade level literacy and numeracy by the end of third grade. The teaching assistants will be in Pre-K through 2nd grade. The bill provides a multi-tiered system of support addressing both reading and mathematics by the use of screening and benchmarking. The bill also specifies the retention of the student who does not meet grade level proficiency upon recommendation of the teacher and the student assistance team beginning in the school year 2027 with limited exceptions. Finally, the bill amended the school aid formula to pay for the assistant teachers. Superintendent David Roach and Deputy Superintendent Michele Blatt answered questions by members of the committee. Several amendments were offered. The first by Delegate Statler, would allow a county to use a teaching assistant or other more highly credentialed individuals. The amendment passed. The next few amendments added some clean up language and passed. Delegate Kimble moved to amend the bill to provide an option for the child to attend summer school rather than be required to attend summer school if they are not at grade level at third grade. The motion failed. There being no more amendments, the bill as amended passed the committee and will be reported to the floor with the recommendation it do pass but first be reported to the committee on Finance.
The House also discussed the special education aides and behavior disorder aides bill (HB 2602). The bill corrects last year’s bill that erroneously deleted sections of code concerning Aide V (special education) and Aide VI (Behavior Disorder). The definitions are added back to the code in this bill. The bill passed the committee and will be reported to the floor with the recommendation it do pass but first be reported to the Committee on Finance.
Tuesday, January 17, 2023
Today’s focus is on the WV Senate. The Senate Education Committee met to take up two bills. The first bill (SB 187) would make it a felony offense for any private or public school employee to engage in sexual contact with a student. The second bill (SB 124) would authorize a sexual violence prevention program in grades 7-12 and would include instruction in recognizing dating violence and sexual violence prevention. The bill allows for parents/guardians to submit a written request to the principal if they wish for their child to not participate. Both bills passed out of committee to the full Senate with the recommendation they both pass.
On the Senate floor today, the bill (SB 74) allowing substantial deference to the State Superintendent’s interpretation of school law was advanced to second reading.
During the WV House of Delegates floor session, the governor’s Income Tax Bill (HB 2526) was on second reading and advanced to third reading with the right to amend.
Monday, January 16, 2023
Most of the action today centered around the House chamber. The governor’s Income Tax Bill (HB 2526) was on first reading today on the House floor. This proposes a 50% reduction in personal income tax phased in over the next three years. It advanced to a second reading on Tuesday with the expectation that amendments will be offered.
House Education met at 2 PM and heard reports from the WVDE and Higher Ed and Community Colleges. Superintendent Roach reported on the WVDE goals to improve student achievement. He stated when he was appointed State Superintendent, his goal was to return to the basics- reading, writing and math. His comments included… We must be staffed by well-qualified educators. We must prioritize reading, writing and math at the elementary level. We must enhance these skills at the secondary level. Roach called his vision “Ready Read Write.” He further stated we must make literacy a priority and students must be at the heart of everything we do.
He also talked about the Communities in Schools initiative and the need to further expand this program. He said the State Department of Education has commitments from all 55 counties to have Communities in Schools at the beginning of the 2023-2024 school year
It is expected that the Speaker’s Bill on classroom aides (HB 2003) will appear on the next House Education committee meeting agenda. His bill will provide additional aides in all PreK through second grade classrooms.
The Senate met briefly today and took no action on education-related bills.
Friday, January 13, 2023
It’s Friday the 13th and things were much more quiet today under the dome. Neither chamber took up bills related to education.
Thursday, January 12, 2023
The WV Senate continued with suspending constitutional rules to pass more bills today. Two bills also made their way out of the Senate Education Committee this morning with recommendations to pass on the Senate floor. The first bill (SB 41) addresses the school aid formula and raises the funding threshold to 1200 students for counties and ensures counties who fall below this threshold will not be penalized and will receive funding for 1200 students. The second bill (SB 56) allow retired bus drivers to serve as critical needs substitutes for unlimited days without penalty to their retirement benefits. With this bill, the county Superintendent would have to submit a request to the State Board the first year and then renew annually on a local level every year after. The position would also have to be continually posted until filled. After being reported to the floor, this retired bus driver bill will be sent to Senate Finance for further discussion because it was double referenced.
This afternoon, the Senate Judiciary will take up a bill that gives substantial deference to the State Superintendent in interpreting school law and policy (SB 74).
It was another routine day for the House of Delegates. Bills and resolutions were introduced, but no messages were received from the Senate.
Wednesday, January 11, 2023
Today, on the first day of the 2023 legislative session, the West Virginia Senate suspended its rules to require bills to be read on three separate days and passed a bipartisan bill to increase PEIA reimbursement to hospitals. This bill (SB 127) is in response to hospitals in the northern part of the state threatening to discontinue service to PEIA patients July 1, 2023. Contact your House of Delegates member and the Governor’s office to request they support this important short term fix for the PEIA program.
The anti critical race theory legislation also passed the senate with the rules suspended. This is the same bill that did not make the deadline last legislative session. Senator Tarr’s anti critical race theory bill (SB130) is a solution in search of a problem. The fate of this bill now lies with the House of Delegates.
Other bills passing the WV Senate today will require each county Board of Education to ensure all meetings are open to the public through in-person attendance and broadcast live on its website (SB 139), and allowing county Boards of Education participating in a multicounty vocational center to determine a career technical education program be part of the local high school in order to better serve students (SB 145).
With the constitutional rules suspended, a total of twenty-three bills passed the WV Senate today.
Today was organizational for the House of Delegates. The State of the State is scheduled for 7:00 p.m. this evening. You can watch it here: https://youtu.be/oTLyrpM8hRg