WVEA

Friday, March 14, 2025

Senate floor

Two education-related bills were on 2nd reading today in the Senate. The first bill, Com. Sub. for SB 449 would permit compressed air and rimfire shooting teams in public schools. The bill permits air riles and rimfire rifles on school buses solely during transportation to or from a school-sponsored shooting team event, on the grounds of any primary or secondary educational facility of any type for shooting team purposes, and at a school-sponsored shooting team function that is taking place in a specific area that is owned, rented, or leased by West Virginia Department of Education, the West Virginia Secondary School Activities Commission, a county school board, or local public school. It also requires that during the school day or at any time other than school-sponsored team events or practices, the air rifles and rimfire rifles be locked up in a location where students do not have access. There were no amendments to the bill, and it was advanced to third reading.

The other bill on second reading was Com. Sub. SB 548 titled Creating Safety and Violence Education for Students Act. This bill creates an new section of code that requires all schools serving students grades six through 12 to provide to students at least one hour, or one standard class period, of evidence-based youth violence prevention training each school year and requires all schools serving students grades K-12 to provide to students at least one hour, or one standard class period, of evidence-based social inclusion training each school year. It also requires the West Virginia Department of Education to develop a list of evidence-based training and materials to fulfill the youth violence prevention training and the social inclusion training. The law is voluntary for public charter schools and nonpublic schools. Action on this bill was postponed one day, and will on second reading again Monday.

The Senate did not schedule any committee meetings today.

House floor

The following bills were up for passage today in the House, and passed unanimously by present Delegates without debate or discussion:

Committee Substitute for HB 2513 enhances training requirements for county boards of education members by adding to the topics to be covered by the county board of education member orientation. The bill sets a timeline requiring that any county board of education member who is unable to attend the initial orientation training for good cause complete a make-up orientation training within 30 days of being sworn in. The additional topics increase the annual hours of training required of county board of education members and allows the State Board of Education to require a county board of education member to attend additional training under certain conditions. The bill also requires the State Superintendent of Schools to report to the Legislative Oversight Commission on Education Accountability certain county board of education related information, and sets the county board of education member compensation rate at $260 per meeting attended unless the board votes to approve a lower rate. The bill goes into effect this July.

HB 2635 to ensure that classroom sizes are equal without losing a teacher’s aide. The new language added states, “Where classrooms become so large that they affect the time teachers can spend with students in a one-on-one setting, the students in that classroom shall be split into two separate classrooms. School personnel shall make split classrooms as equally as possible to ensure that aide coverage will be available for both classrooms as required by this section. This split will help create a better teacher/pupil ratio and ensure that each student has individual time with teachers and aides. This split shall be implemented beginning in the 2025-2026 school year.“

The House Education Committee met this afternoon.

Markup & Passage

Com. Sub. for HB 2548 clarifies the state superintendent regarding rule implementation at the state and county level. The Com. Sub. requires the State Superintendent to report annually to the Legislative Oversight Commission on Education Accountability (LOCEA) regarding the implementation of state board rules in each county school district. If a county is found in violation of proper implementation of any rule, the State Superintendent will provide the county a plan and timeline to ensure full implementation of the rule. If a county continues to be in violation of state board rules, school aid funding could be withheld from that county. The bill was advanced to the full House.

House Bill 2755 allows the Board of Education to submit all legislative rules to LOCEA and the Legislative for review, approval, amendment, or rejection. Delegate Pushkin pointed out how similar language in Amendment 4 from the 2022 general election was defeated by the voters of WV. Delegate Willis spoke in favor of the bill. Roll call was demanded, and with a vote of 16-3 with 5 absent, the bill was advanced to the House floor.

House Bill 2773 approves rules proposed by the Higher Education Policy Commission regarding the Accountability System and the Underwood-Smith Teaching Scholars and Teacher Loan Repayment Program. The bill also authorizes a rule proposed by the Council for Community and Technical College Education regarding Employing and Evaluating Presidents. The bill was advanced to the House floor.

Committee Hearing

HB 2003 prohibits students from having cell phones in the classroom. The bill requires the state board of education to create rules to implement the prohibition. Exceptions are made for students who need cell phones for ADA, IEPS, or any medical needs. The state board will set guidelines for counties as a baseline for their cell phone policies.

HB 2760 establishes a partnership between Workforce West Virginia and the West Virginia Board of Education for the implementation of a STEM-based software program, teaching chemistry concepts related to careers in the education system, at high schools and technical schools. This begins the first two years in just ten schools, then after the first two years, would open up to all high school students in the state.

HB 2897 requires the Legislative Auditor to conduct a performance audit of the WV Department of Education. It gives the Legislative Auditor the power and authority to conduct examinations and inspections. The bill requires the legislative auditor to protect the confidentiality, privacy, and security of protected information.

HB 3099 allows law enforcement to issue a citation when a student enrolled in a public school or public charter school is caught using nicotine products on school grounds.

HB 3125 allows teachers with 10 consecutive years teaching in the state of West Virginia, in good standing to apply for and receive a permanent teaching certificate in West Virginia without having to take any additional course work.

HB 3166 requires each county board of education to establish standardized school safety mapping data before September 1, 2025. The bill requires the school safety mapping data be provided to the state board of education, Division of Homeland Security and Emergency Management, and local first response agencies.

HB 2499 was laid over until the next meeting.

It’s Friday, so don’t forget to check out the weekly Legislative Update!

Thursday, March 13, 2025 Day 30

Senate floor

Two education-related bills were advanced to 2nd reading today in the Senate. The first bill, Com. Sub. for SB 449 would permit compressed air and rimfire shooting teams in public schools. The bill permits air riles and rimfire rifles on school buses solely during transportation to or from a school-sponsored shooting team event, on the grounds of any primary or secondary educational facility of any type for shooting team purposes, and at a school-sponsored shooting team function that is taking place in a specific area that is owned, rented, or leased by West Virginia Department of Education, the West Virginia Secondary School Activities Commission, a county school board, or local public school. It also requires that during the school day or at any time other than school-sponsored team events or practices, the air rifles and rimfire rifles be locked up in a location where students do not have access.

The other bill on first reading was Com. Sub. SB 548 titled Creating Safety and Violence Education for Students Act. This bill creates an new section of code that requires all schools serving students grades six through 12 to provide to students at least one hour, or one standard class period, of evidence-based youth violence prevention training each school year and requires all schools serving students grades K-12 to provide to students at least one hour, or one standard class period, of evidence-based social inclusion training each school year. It also requires the West Virginia Department of Education to develop a list of evidence-based training and materials to fulfill the youth violence prevention training and the social inclusion training. The law is voluntary for public charter schools and nonpublic schools.

Today in Senate Education the following bills were discussed:

A Committee Substitute for SB 477 requiring an ambulance at middle school or high school football games. The Committee Substitute added the words ”if available”. An amendment was offered to allow the game to continue if the ambulance is called away. The Committee Substitute as amended was adopted. The motion to report the bill to the floor with the recommendation it do pass but first be referred to the Committee on Finance passed.
SB 516 providing extra state aid to school districts for students enrolled in extremely remote schools. This bill gives additional funding to schools classified as “extremely remote” which is defined in the bill. This bill forbids the county board to close the school that fits the definition. An amendment was offered stating that if the county accepts the extra funding, it may not close the school. The amendment passed. The motion to report SB 516 as amended to the floor with the recommendation it do pass but first be referred to the Committee on Finance passed.
SB 531 defining assault and battery on sports officials. The bill changes an assault and battery on a sports official from a misdemeanor to a felony and changes the penalties. The bill was laid over to clean up some language.
SB 631 relating to eligibility for WV Invests Grant Program. The motion to report SB 631 to the floor with the recommendation it do pass but first be referred to the Committee on Finance passed.

The Senate Finance Committee discussed the following bills:

Com. Sub. for SB 37 Allowing certain Teachers Retirement System members to exchange unused leave for monetary compensation

SB 37 Allows members of the Teachers Retirement System to exchange leave for monetary compensation. A Committee Substitute was adopted to allow any teacher hired after July 1, 2015, to exchange unused sick days for 80% of the county’s salary for a substitute with a Bachelor’s and 10 years of seniority.

The Com. Sub. changes the word “Bonus” to “One-time salary enhancement” and adds that once unused days have been forfeited, those days can no longer be used for any other purposes.

The bill does not require state funding and intends to save money for the state. There was clarification that the bill causes no increase to pension liabilities and that the bill is optional for teachers to utilize but mandatory for all counties to make available to teachers.

No amendments offered and the bill is reported to full Senate for passage

SB 450 Establishing WV Guardian Program

The bill came to committee from the Education Committee with no committee substitute.

SB 450 would allow county boards of education to contract with an independent contractor, known as a West Virginia guardian, who is a former state trooper, former deputy sheriff, former state fire marshal, former Department of Natural Resources police officer, former municipal police officer, or former federal law-enforcement officer to provide public safety and/or security on school grounds to protect life and property.

It was clarified that the contractor is not law enforcement with no powers of arrest, but it was assumed that they could detain individuals. The bill spells out criteria to be eligible for the position of a guardian as well as criteria that disqualify individuals from holding the position of a guardian.

No amendments offered and the bill is reported to full Senate for passage

Com. Sub. for SB 547 Creating Charter Schools Startup Fund

The fund is established for the purpose of providing financial support to charter school applicants and charter schools that may not otherwise have the resources for start-up costs such as costs associated with renovating or remodeling existing buildings and structures and costs for the purchase of school buses.

The Com. Sub. expands the uses to also include personnel, materials, supplies, equipment, furniture, phone, internet, and security. It also removes the requirement that the charter school would not otherwise have the financial capacity without money from the Charter Schools Startup Fund to start a public charter school.

Each qualifying charter school applicant or charter school shall be awarded an initial grant of up to $300,000 during or before the first two years of the charter school’s operation with an additional $100,000 possible. The charter school must open within 30 months of receiving funds or be required to repay funds with 10% interest. A time extension can be requested to extend the 30-month timeframe.

No amendments offered and the bill is reported to full Senate for passage.

House floor

Up for passage on the House floor today was the Committee Substitute for HB 2164. This bill would allow both public and private schools in West Virginia to employ security personnel and describes who could be hired and what their training would consist of. The West Virginia Guardian program from last year’s legislative session was amended into the committee substitute for public schools only. School security personnel may detain, but not arrest, and may carry a firearm. The Committee Substitute for HB 2164 passed by a vote of 93 to 0 with 7 members absent.

The following bills were on second reading:

The Committee Substitute for HB 2143 requiring elementary school teachers to be certified in the science of reading. An amendment passed to make the language permissive, not required for public charter schools. The bill now advances to third reading.

The Committee Substitute for HB 2513 enhancing training requirements for county boards of education members.

HB 2635 to ensure that classroom sizes are equal without losing a teachers aide.

No amendments were offered for these three bills and they now advance to third reading.

Wednesday, March 12, 2025

Senate Floor

Two education bills were passed on the Senate floor session this morning without any discussion.

SB 280 requires the display of the official motto of the United States (In God We Trust) in all public elementary and secondary classrooms and in institutions of higher education. Yesterday’s amendment changed it from all schools to all classrooms and removed the state flag from the poster. The bill passed by a vote of 33-1 with Senator Garcia being the only No vote.

SB 650 clarifies that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional related requirements for kindergarten through third grades for both classrooms. A part-time interventionist may only be assigned to one classroom. The bill passed by a vote of 34-0.

House Floor

On third reading, the house passed without a dissenting vote HB 2774, the Coach Protection Act. The bill provides statutory coverage for coaches, players and school administrators. It makes a criminal penalty for assault and battery. Has a mandatory minimum jail sentence of five days for assault and ten for battery. It also provides for a 365 day ban for offenders of athletic events at the school.

On second reading was HB 2164, a bill that allows public and private schools to employ security personnel. The bill has training requirements and background checks. It was also amended to include allowing law enforcement officers to carry a weapon on school grounds.

The following bills advanced from first to second reading:

Committee Substitute for HB 2143 requires elementary teachers to be certified in the science of reading.
Committee Substitute for HB 2513 lists required training for school board members.
HB 2635 certifies classes are split evenly in early grades to ensure an aide is assigned to both classes.

On comment today in House Education was HB 2548, to bring the WV Department of Education under rule making review of the Legislature. WVEA President Dale Lee spoke pertaining to the bill making comparisons to the Constitutional Amendment that was defeated in 2022. Executive Director Jim Brown of the WVSBA spoke and cited a WV Supreme Court decision stating this would be unconstitutional. The bill now advances to markup.

HB 2755 is a companion bill to HB 2548 and advances to markup. Both bills are focused on increasing the control the Legislature has over the WV Department of Education.

Also on comment was HB 3209, which would provide at least one counselor for every 250 students in public schools and public charter schools. The bill also calls for at least one counselor in every school. The bill will now go to markup.

Tuesday, March 11, 2025

Senate Floor

Two education bills were on 2^nd reading today in the Senate and advanced to 3^rd reading. SB 280 requires display of the official motto of the United States (In God We Trust) in public elementary and secondary schools and in institutions of higher education. Senator Azinger offered a strike and insert amendment that was adopted by a voice vote. The amendment changes the following:

The bill now states the motto will be displayed in every public elementary and secondary classroom and in every classroom of the state institution of higher education instead of every public school/state institution.
The amendment removes the state flag from the poster/framed copy

Today the Senate Education Committee considered two similar bills dealing with student safety. SB 220 requires yearly abuse , assault and prevention training for students in grades 3-6. The bill requires one week’s notification and an opt out for parents. It further requires age-appropriate training in sexual abuse and dating violence for grades 7-12. SB 548 similarly requires yearly training in social isolation and inclusion. The training is geared toward recognizing and intervening in social isolation and increasing inclusion. Both bills require the WV Department of Education to develop or secure appropriate trainings and make them available on their website. The committee passed both bills with SB 220 going to Judiciary and SB 548 going to Finance. Both bill provisions were made optional for private and charter schools.

The committee also passed SB 449 that establishes an allowance for air rifle teams in public schools by defining air rifles and rimfire rifles and carrying out an enactment to allow these clubs in schools. This passed to the full senate.

House Floor

Today on the house floor, after removing civil service protections for new or transferring employees in the departments of commerce and tourism the house took up a couple education bills. HB 2411 relates to required graduation credits and mandates an increase of 1 full credit hour to include a course on Computer Science taught in grade 8-12. The bill passed the full house with a vote of 95-3 with 2 absent.

HB 2774, the Coach Protection Act, was on 2^nd reading and the floor adopted Delegate Linville’s amendment to set fines as not less than $250, nor more than $500 for assault and not less than $500, nor more than $1,000 for battery. The bill will be up for passage tomorrow.

On 1^st reading and advancing to 2^nd was Committee Substitute for the Committee Substitute HB 2164, which allows public and private schools in WV to employ security personnel. The latest version of the bill amended provisions of last year’s senate bill establishing a “West Virginia Guardian” program.

The guardian program is limited to public schools and permits former state and federal law enforcement to serve as school security.
Neither program offers arrest powers for the security officials, but they can detain students in some circumstances.
The school security officers can carry a firearm, and they require a background check.
There will be required training through a school officer training program and will receive a certification for completion of the training.

The House Subcommittee on Public Education met this afternoon for the Markup and Passage phase on the bills they held Committee Hearings on yesterday.

Committee Substitute for HB 2003 The purpose of this bill is to prohibit students from possessing cell phones in the classroom, and to require the state board of education to promulgate legislative rules to implement this prohibition. This is one of the bills requested by the Governor.

Committee Substitute for HB 2499 The purpose of this bill is to create an in-person training course for principals in public schools. The bill informs teachers of due process rights, and the bill provides for an Individualized Education Program (IEP) format.

HB 2760 The purpose of this bill is to establish a partnership between Workforce West Virginia through its Division of Workforce Development and the West Virginia State Board of Education for the implementation of an educational, interactive platform designed to help students with instruction in the science, technology, engineering, and math (STEM) fields with a focus on chemistry and related careers to high schools and technical schools in the state. 10 schools would be choses for the first two years.

HB 2897 The purpose of this bill is to require the Legislative Auditor to conduct periodic performance and financial audits of the West Virginia Department of Education. A strike and insert amendment was adopted.

HB 2973 The purpose of this bill is to clarify where legal actions involving the West Virginia Secondary School Activities Commission shall be filed. Kanawha County Circuit Court is where any legal action regarding the WVSSAC shall be filed unless any school located in, or private citizen that is a resident of, Kanawha County files any type of legal action against the WVSSAC. Those legal actions shall be filed in the Boone County Circuit Court.

HB 3099 The purpose of this bill is to permit law enforcement to issue a citation when a student enrolled in a public school or public charter school possesses nicotine in those schools.

HB 3125 The purpose of this bill relates to removing restrictions from teachers receiving permanent teaching licenses. The bill would allow teachers with 10 consecutive years teaching in the state of WV and in good standing without any unsatisfactory evaluations will be able to apply for and receive a permanent teaching certificate in WV without having to take any additional course work.

HB 3166 The purpose of this bill is to require standardized school safety mapping data. An amendment was adopted to make the bill permissive instead of required.

Each of these bills advanced through the subcommittee to the House Education Committee.

The House Subcommittee on Educational Choice also met and discussed the following bills:

HB 2405 would provide a tax credit for homeschool students, but when the committee voted, the bill was defeated.

HB 2528 permits students in Christian schools at the elementary and middle school level to participate in county level sport tournaments. The newly added language states: That elementary and middle school students enrolled in any private, parochial or church school or school of a religious order or other nonpublic school are eligible to participate in county basketball tournaments held at the end of the basketball season, except for invitational tournaments. The bill was advanced to the House Education Committee.

HB 2939 is the Remote Schools Support Act, and its purpose is to provide additional support to extremely remote schools. This bill was also advanced to the House Education Committee.

The subcommittee’s time ran out before they could finish their committee hearing portion, but will continue at the next scheduled meeting.

Monday, March 10, 2025

Senate Floor

Two education-related bills passed the Senate today. The Committee Substitute for SB 155 changes the language of the WV Feed to Achieve Act – Summer Feeding for All Program to require every county conduct an annual countywide survey of public-school students to determine their non-school eating patterns and the availability of nutritional food when schools are closed. The bill would not force counties to provide food, but to share information on where food is available with the assistance of the WV Office of Child Nutrition. The bill passed on a 30-3 vote with 1 absent.

Committee Substitute for SB 199 incorporates school counselors, school social workers and school psychologists into the protocols of elementary behavior intervention and safety by making them the first step when K-6 elementary classroom teachers need to remove a student due to safety concerns.

The school counselor, school social worker or school psychologist would then be tasked to conduct a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
A re-evaluation of the student’s behavior would then take place, and amendments made by the principal, teacher, and school counselor, school social worker, or school psychologist if the plan does not show adequate progress.
If after another two weeks, the student is still not showing progress with the amended behavior plan, the student is to be placed in a behavioral intervention program or with a licensed behavioral health agency that the county has access to. If the county does not have access to a program or agency, the bill states that the student must be removed from the classroom immediately and suspended for one to three days while alternative learning arrangements are made. If parents/guardians cannot pick the student up, the school principal or designee would have to ride the bus home with the student.
The bill would also require a statewide disciplinary policy.

The bill passed on a 33-0 vote with 1 absent.

Two other education bills were on 1^st reading today in the Senate and advanced to 2^nd reading. SB 280 requires display of the official motto of the United States (In God We Trust) in public elementary and secondary schools and in institutions of higher education. SB 650 clarifies that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional related requirements for kindergarten through third grades for both classrooms. A part-time interventionist may only be assigned to one classroom.

House Floor

On Second reading was the bill that adds a computer science course to graduation requirements, the Committee Substitute for HB 2411. The course can be taken from the 8th grade forward. No amendments were offered and the bill advanced to third reading.

HB 2774, the Coach Protection Act, advanced from first reading to second. The bill expands protection formerly offered to officials/referees to include players, coaches and school personnel working the event. It adds jail time of five days for assault and ten for battery as well as the ability to ban offenders from all athletic events at the school for 365 days.

The House Education Committee had the following bills on their agenda today:

The Committee Substitute for HB 2143 requires elementary teachers to be certified in the science of reading. The committee substitute removes the certification requirement and changes it to an endorsement. The endorsement shall be obtained free of charge. The motion to report the Committee Substitute for HB 2143 be reported to the floor with the recommendation it do pass was adotped.

The Committee Substitute for HB 2167, relating to public charter schools code provisions, adds a measure to track a student that withdraws from a public charter school. The committee substitute also places a closing public school on the fast track to apply for a public charter school. The motion to lay the bill over was adopted.

The Committee Substitute for HB 2513 increases the required training and sets the pay for county board members to $260 per meeting, unless the board votes to receive a lower amount. The motion to report the Committee Substitute for HB 2513 to the floor with the recommendation it do pass was adopted.

HB 2635 was written to ensure that classroom sizes are equal without losing a teachers aide. This ensures that all classes will qualify for the classroom aide. The bill was double referenced to the Committee on Finance, but a motion was adopted to dispense with the second reference. The bill now goes to the full House.

The House Subcommittee on Public Education met this evening for hearings on several bills.

HB 2003 The purpose of this bill is to prohibit students from possessing cell phones in the classroom, and to require the state board of education to promulgate legislative rules to implement this prohibition. This is one of the bills requested by the Governor.

HB 2499 The purpose of this bill is to create an in-person training course for principals in public schools. The bill informs teachers of due process rights, and the bill provides for an Individualized Education Program (IEP) format.

HB 2760 The purpose of this bill is to establish a partnership between Workforce West Virginia through its Division of Workforce Development and the West Virginia State Board of Education for the implementation of an educational, interactive platform designed to help students with instruction in the science, technology, engineering, and math (STEM) fields with a focus on chemistry and related careers to high schools and technical schools in the state. 10 schools would be choses for the first two years.

HB 2897 The purpose of this bill is to require the Legislative Auditor to conduct periodic performance and financial audits of the West Virginia Department of Education.

HB 2973 The purpose of this bill is to clarify where legal actions involving the West Virginia Secondary School Activities Commission shall be filed. Kanawha County Circuit Court is where any legal action regarding the WVSSAC shall be filed unless any school located in, or private citizen that is a resident of, Kanawha County files any type of legal action against the WVSSAC. Those legal actions shall be filed in the Boone County Circuit Court.

HB 3099 The purpose of this bill is to permit law enforcement to issue a citation when a student enrolled in a public school or public charter school possesses nicotine in those schools.

HB 3125 The purpose of this bill relates to removing restrictions from teachers receiving permanent teaching licenses. The bill would allow teachers with 10 consecutive years teaching in the state of WV and in good standing without any unsatisfactory evaluations will be able to apply for and receive a permanent teaching certificate in WV without having to take any additional course work.

HB 3166 The purpose of this bill is to require standardized school safety mapping data. The hearing information contradicted the language of the bill because the bill states the mapping data would be required, but the lead sponsor of the bill stated the bill was a set of guidelines to be followed should counties choose to participate.

Friday, March 7, 2025

Senate Floor

Two education-related bills were on 2^nd reading today in the Senate. The Committee Substitute for SB 155 changes the language of the WV Feed to Achieve Act – Summer Feeding for All Program to require every county conduct an annual countywide survey of public-school students to determine their non-school eating patterns and the availability of nutritional food when schools are closed. The bill would not force counties to provide food, but to share information on where food is available with the assistance of the WV Office of Child Nutrition. The bill was advanced to 3^rd reading without amendments.

Also advancing to 3^rd reading was Committee Substitute for SB 199. It incorporates school counselors, school social workers and school psychologists into the protocols of elementary behavior intervention and safety by making them the first step when K-6 elementary classroom teachers need to remove a student due to safety concerns.

The school counselor, school social worker or school psychologist would then be tasked to conduct a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
A re-evaluation of the student’s behavior would then take place, and amendments made by the principal, teacher, and school counselor, school social worker, or school psychologist if the plan does not show adequate progress.
If after another two weeks, the student is still not showing progress with the amended behavior plan, the student is to be placed in a behavioral intervention program or with a licensed behavioral health agency that the county has access to. If the county does not have access to a program or agency, the bill states that the student must be removed from the classroom immediately and suspended for one to three days while alternative learning arrangements are made. If parents/guardians cannot pick the student up, the school principal or designee would have to ride the bus home with the student.
The bill would also require a statewide disciplinary policy.

An amendment was offered by Senator Grady (R- Mason) to stress that nothing conflicts with IDEA or 504 plans. The amendment passed on a voice vote and the bill was moved to 3^rd reading.

House Floor

Com. Sub. for HB 2129 creating the Parents Bill of Rights was on 3^rd reading and up for passage. Among other things, the bill defines “Parent” for the article of the bill and provides injunctive relief for parents if their parental rights are violated. The bill does not prevent courts or law enforcement from acting in the scope of their existing authority for a child’s welfare. The bill passed by a vote of 87-9 (4 absent).

HB 2678 relates to school zones of public or private schools and was also on 3^rd reading and up for passage. The bill allows public and private schools to designate school property to be a “school zone”. It allows private schools to expand their school zones to roads adjacent to school property or to access rights-of-way. The bill passed by a vote of 96-0 (4 absent).

On 1^st reading was the Committee Substitute for HB 2190, which includes Potomac State College in the definition of community and technical college education programs for participation in the “Learn and Earn Program” and was advanced to 2^nd reading.

Also on 1^st reading was the Committee Substitute for HB 2411. This bill changes graduation requirements by adding a computer science credit to the freshman class of the 2027-2028 school year. This credit can substitute for one math or personalized education plan credit. The bill advanced to 2^nd reading.

Today the House Judiciary Committee considered the Committee Substitute for the Committee Substitute for HB 2164. This bill was pulled from the agenda yesterday to add some provisions. The bill originally set standards for School Security Officers. The original version and most provisions of the bill apply to public, charter and religious schools. The latest version (committee sub for a committee sub means there were two significant changes since the bill’s introduction) amended provisions of last year’s senate bill establishing a “West Virginia Guardian” program.

The guardian program is limited to public schools and permits former state and federal law enforcement to serve as school security.
Neither program offers arrest powers for the security officials, but they can detain students in some circumstances.
The school security officers can carry a firearm, and they require a background check.
There will be required training through a school officer training program and will receive a certification for completion of the training.

The latest version also included a provision to allow police officers, on or off duty, to carry firearms on school property. Interestingly, there was a fiscal note that was determined to have zero cost since the program is optional for counties, and at their expense.

The bill was advanced to the full House of Delegates.

House Educational Choice Subcommittee

The House Educational Choice subcommittee met this afternoon to take a first look at several bills.

HB2405 would provide a tax credit to parents who have children who accept the Hope Scholarship. The tax credit is limited to the equivalent amount of what a student who is eligible for the HOPE Scholarship would receive annually. The bill was passed to markup and discussion stage.
HB 2528 would permit students in private and parochial schools at the elementary and middle school level to participate in county basketball tournaments held at the end of the basketball season, except for invitational tournaments. The bill was passed to markup and discussion stage.
HB2939 would be known as the Remote Schools Support Act, and would provide additional support to extremely remote schools by calculating funding for each student at the school at 2.5 times the amount for a single student. An extremely remote school also may request a waiver from any requirement, including school personnel related requirements. The bill was passed to markup and discussion stage.

Don’t forget to check out WVEA’s weekly Legislative Update! While you’re reading the update, sign up for text updates and reach out to your legislators to share your thoughts on current bills moving through the session.

Thursday, March 6, 2025

Day 23 Senate Floor:

SB 154 was on 3^rd reading (passage) today in the Senate. The bill provides that:

Teachers are prohibited from providing instruction related to sexual orientation or gender identity.
Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex.
Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.

The bill contains some concerning elements that impact classroom teachers and other school employees:

If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report.
If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote.

The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers.

If the school finds that the report is substantiated, the school shall issue a report that includes the number of prior substantiated reports against the teacher in the previous 12 months and recommend disciplinary sanctions against the teacher – First offense: reprimand; Second offense: 30-day suspension; Third offense: termination.

If suspension or termination is recommended, the BOE must convene within 10 days to determine if it will adopt the school’s recommendation, however, the BOE only can consider facts in the school’s report and may refuse the recommendation of the school only on a 2/3 vote. A 2/3 vote will require the votes of 4 out of the 5 BOE members. Perhaps most significantly, teachers cannot use the grievance process to challenge these decisions and likewise may not be able to seek redress from the courts.

Senator Garcia spoke against the bill and pointed out multiple adverse outcomes for both students and teachers. SB 154 passed with a 33-1 vote. Senator Garcia was the single no vote.

Two education-related bills were on 1st reading today, and were advanced to 2nd reading.

The Committee Substitute for SB 155 changes the language of a food insecurity bill to require every county conduct an annual countywide survey of public-school students to determine their non-school eating patterns and the availability of nutritional food when schools are closed. The bill would not force counties to provide food, but to share information on where food is available with the assistance of the WV Office of Child Nutrition.

The Committee Substitute for SB 199 incorporates school counselors, school social workers and school psychologists into the protocols of elementary behavior intervention and safety by making them the first step when K-6 elementary classroom teachers need to remove a student due to safety concerns.

The school counselor, school social worker or school psychologist would then be tasked to conduct a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
A re-evaluation of the student’s behavior would then take place, and amendments made by the principal, teacher, and school counselor, school social worker, or school psychologist if the plan does not show adequate progress.
If after another two weeks, the student is still not showing progress with the amended behavior plan, the student is to be placed in a behavioral intervention program or with a licensed behavioral health agency that the county has access to. If the county does not have access to a program or agency, the bill states that the student must be removed from the classroom immediately and suspended for one to three days while alternative learning arrangements are made. If parents/guardians cannot pick the student up, the school principal or designee would have to ride the bus home with the student.
The bill would also require a statewide disciplinary policy.

Four bills advanced out of the Senate Education Committee this morning.

SB 280 is the bill relating to the display of the official motto of the United States “In God We Trust” in public elementary and secondary schools and in institutions of higher education if the poster or framed copy of the motto meets the following requirements:

poster or framed copy is donated, or funds are donated specifically for said poster/framed copy
contains a US flag centered under the motto and a WV flag
does not advertise who donated poster or framed copy

Committee Substitute for SB 646 extends non-traditional instruction days from five days to 10 days. Senator Taylor offered an amendment to protect the OS days from being used, and the amendment was adopted. Because the bill was double referenced, it will go to the Committee on Finance before going to the Senate floor.

With no questions for counsel, discussion, or amendments, SB 650 quickly moved through the committee. The bill relates to the K-3 aide bill from a previous legislative session and provides that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional related requirements for kindergarten through third grades for both classrooms; and clarifying that a part-time interventionist only satisfies those requirements for one classroom.

The final bill was the Committee Substitute for SB 652, which aims to extend cardiac arrest provisions to elementary schools and set specific requirements for coaches and other personnel overseeing youth sports teams that practice or play on school property. This bill was also double referenced, so it also goes to the Committee on Finance before going to the Senate floor.

House Floor:

Today there were two education bills on second reading in the House. The first was HB 2129, the Parents Bill of Rights. The bill gives the parents final say in their children’s health and education decisions by requiring state and local laws, rules, or ordinances to comply with its provisions. The bill also gives parents rights to view their children’s school records, which they already have. Delegate Butler amended the bill to include an injunctive relief option so offended parents can seek an injunction in court, and the amendment was adopted by voice vote. The second bill HB 2678 simply adds private schools to the school zone speed limit statute, and it was advanced without amendment.

House Judiciary met and passed HB 2774 the “Coach Protection Act” out of committee. The bill expands protection formerly offered to officials/referees to include players, coaches and school personnel working the event. It adds jail time of five days for assault and ten for battery as well as the ability to ban offenders from all athletic events at the school for 365 days. The committee laid over HB 2164, a bill to define standards for school security officers in both public and private schools. That bill will likely appear on a future agenda.

The House Committee on Education had a busy agenda this afternoon.

The Committee Substitute for HB2187 permits teachers in K-12 schools to be authorized to carry concealed firearms as a designated school protection officer.

With a roll call vote of 22 in favor and three against, the Committee Substitute for HB2187 will be reported to the floor with the recommendation it do pass, but first referred to the House Judiciary Committee.

Four bills were at the Committee Hearing stage.

HB2167 – Relating to public charter schools code provisions

As amended, relating to providing for technical cleanup of certain provisions of the public charter school code provisions; providing that public charter schools may not charge fulltime tuition and may only charge such tuition or fees as may be imposed by noncharter public schools in this state, such as for part-time Hope Scholarship enrollment or for participation in student activities; providing that when a student is withdrawn from a public charter school and returns to the public school district of that county, the school district of the student’s county of residence becomes responsible to track the student for all purposes; and providing that public charter school teachers shall be permitted to proctor state assessments in the event they are not certified or licensed.
When a student is withdrawn from a public charter school and returns to the public school district of that county, the school district of the student’s county of residence becomes responsible to track the student for all purposes

HB2143 – Require elementary school teachers to be certified in the science of reading

Advances to markup discussion

HB2513 – Enhancing training requirements for county boards of education members

As amended, relating to county boards of education members; increasing the number of annual training hours for county board members; modifying the subjects on which county board members must be trained; authorizing the State Board to require board members to complete additional training upon request from the State Superintendent; adding ex officio members to the county board member training standards review committee; and requiring the State Superintendent to make an annual report to the Legislative Oversight Commission on Education Accountability relating to county board member training.
Each member of the county board shall receive 12-hours of training in areas relating to boardmanship, governance effectiveness, fiscal management, and school performance issues including, but not limited to, pertinent state and federal statutes such as the “Process for Improving Education” set forth in code the Every Student Succeeds Act (ESSA), the individuals with Disabilities Education and Improvement Act of 2004 (IDEA)

HB2635 – To ensure that classroom sizes are equal without losing a teacher’s aide

Where classrooms become so large that they affect the time teachers can spend with students in a one-on-one setting, the students in that classroom shall be split into two separate classrooms. School personnel shall make split classrooms as equally as possible to ensure that aide coverage will be available for both classrooms as required by this section. This split will help create a better teacher/pupil ratio and ensure that each student has individual time with teachers and aides. This split shall be implemented beginning in the 2025-2026 school year

Wednesday, March 5, 2025

SB 154 was on 3^rd reading (passage) today in the Senate. The Senate did not take up the bill today but allowed it to lie over and retain its place on the calendar. The bill provides that:

Teachers are prohibited from providing instruction related to sexual orientation or gender identity.
Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex.
Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.

The bill contains some concerning elements that impact classroom teachers and other school employees:

If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report.
If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote.

The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers.

Two education-related bills passed the Senate today. SB 284 addresses training and orientation requirements of BOE members. The bill also addresses compensation at a rate of $260 per meeting attended, unless the board votes to approve a lower rate. The bill passed 32-2.

SB 581 relates to school attendance and student participation in 4-H or FFA activity. It clarifies that students’ participation in 4-H or FFA activities resulting in an absence from school shall receive an excused absence. Senator Rucker (R- Jefferson) offered an amendment to the bill that added up to 5 college visits to be counted as excused absences. The amendment passed. The amended bill passed 34-0.

Today the Senate Banking and Insurance Committee heard from Jason Haught, acting PEIA Director. Haught explained that currently PEIA has both self-insured (State) and fully insured (Private) options. Humana (for retirees) and the Health Plan (for active) are examples of fully insured plans. These charge a standard rate per participant and assume the risk of the pool. The state assumes the risk for the self-insured, which covers 90% of active PEIA members. Haught also touted the West Virginia Omnibus Health Care Act that limits balance billing on PEIA members. A protection not offered in private insurance. He also indicated that the current year plan is upside down in revenue, meaning the plan spent more than it took in. The last time PEIA requested bids from private insurers for active members, they only received one, from the Health Plan. Haught indicated that the premiums are higher on the private plan and that is why only 10% have chosen it. He also indicated it is his belief that privatizing the whole plan would increase the costs of the program, not decrease it.

The Senate Judiciary Committee took up SB 585 – the Cohen Craddock Student Athlete Safety Act. The bill creates the Student Athlete Safety Advisory Committee which will evaluate the safety rules, protocols, and other forms of guidance that are applicable to interscholastic athletics and make recommendations to the Governor and the LOCEA on any measures that should be taken to enhance the safety of student athletes, including safety equipment. The bill also requires utilization of an impact reducing soft-shell helmet cover while wearing a football helmet, and establishes a grant fund to fund the cost of the helmets. The bill was passed by the committee and will be sent to the full Senate with a recommendation that it do pass.

HB 2129 was on 2^nd reading (amendment stage) today in the House. The House did not take up the bill but allowed it to lie over and retain its place on the calendar. This bill creates the Parents Bill of Rights and contains very general language regarding parents having the final say in the upbringing of their child including health care and education. One example from the bill:

“The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child…”

HB 2678 was on 1^st reading today and was advanced to second. The bill adds private schools to the definition of a school zone by adding the following language:

A school zone is all school property of either a public school or any private school that requests the Division of Highways to designate a school zone.

The bill will be on amendment stage (2^nd reading) tomorrow.

The House Judiciary Committee held hearings for two education-related bills this morning. The Committee Substitute for HB 2164 authorizes local school boards, public charter schools, and private or religious schools to employ school safety officers. The bill provides standards for a school safety officer to carry a firearm on school grounds and details the detention powers/limitations of a school safety officer.

HB 2774 is known as the Coach Protection Act. This act updates existing law to include the athletes participating, coaches, assistant coaches, and others who enforce rules of a sports event in relation to crimes against athletic officials. The bill also establishes minimum jail penalties.

Both bills were advanced to the Markup and Passage stage for a future committee meeting.

The House Education Committee moved on the following bills:

Committee Substitute for HB 2614 allows for a lump sum to be paid to the estate of employees if they pass away before their retirement date for accrued and unused personal leave at the employee’s usual rate of pay at the time the employment ends. That the lump sum payment may not exceed $6000. The bill states:

The lump sum payments may not include deductions for contributions toward retirement and may not be a part of final average salary computation.
The lump sum payment shall be made within one month after the request.

The Committee Substitute was adopted and will be sent to floor for passage, but will be referred to the Finance Committee first.

Committee Substitute for HB 2411 changes graduation requirements by adding a computer science credit to the freshman class of the 2027-2028 school year. This credit can substitute for one math or personalized education plan credit. The Committee Substitute was adopted and now heads to the House floor.

Tuesday, March 4, 2025

On second reading today in the Senate was SB 154, which prohibits sexual orientation instruction in public schools. An amendment was offered by Senator Weld (R- Brooke), to address the inability of employees to use the grievance process in the case of suspension or termination. The amendment was defeated on a voice vote. Thank you, Senator Weld, for attempting to restore the rights of employees! The bill was advanced to 3^rd reading with no changes. The bill provides:

Teachers are prohibited from providing instruction related to sexual orientation or gender identity.
Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex.
Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.

The bill contains some concerning elements that impact classroom teachers and other school employees:

If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report.
If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote.

The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers.

First offense: reprimand; Second offense: 30-day suspension; Third offense: termination.

Other bills on second reading included SB 284 and SB 581. SB 284 addresses training and orientation requirements of BOE members. The bill also addresses compensation at a rate of $260 per meeting attended, unless the board votes to approve a lower rate. SB 581 relates to school attendance and student participation in 4-H or FFA activity. It clarifies that students’ participation in 4-H or FFA activities resulting in an absence from school shall receive an excused absence.

Both bills were advanced to 3rd reading.

The Senate Education Committee met this morning and adopted committee substitutes, advancing them to the Senate floor with the recommendation that each bill be passed. The Committee Substitute for SB 199 incorporates school counselors, school social workers and school psychologists into the protocols of elementary behavior intervention and safety by making them the first step when K-6 elementary classroom teachers need to remove a student due to safety concerns.

The school counselor, school social worker or school psychologist would then be tasked to conduct a functional behavior assessment to determine the underlying causes of the behavior and then develop an evidence-based behavior plan for the student to follow for two weeks.
A re-evaluation of the student’s behavior would then take place, and amendments made by the principal, teacher, and school counselor, school social worker, or school psychologist if the plan does not show adequate progress.
If after another two weeks, the student is still not showing progress with the amended behavior plan, the student is to be placed in a behavioral intervention program or with a licensed behavioral health agency that the county has access to. If the county does not have access to a program or agency, the bill states that the student must be removed from the classroom immediately and suspended for one to three days while alternative learning arrangements are made. If parents/guardians cannot pick the student up, the school principal or designee would have to ride the bus home with the student.
The bill would also require a statewide disciplinary policy.

On first reading today in the House was the Parents Bill of Rights HB 2129. The bill contains very general language regarding the parents having the final say in the upbringing of their child and includes health care and education. One example from the bill:

“The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child…”

This bill was advanced and will be on second reading tomorrow.

The House Subcommittee on Educational Choice met this afternoon to discuss the public charter schools code bill HB 2167. HB 2167 is meant to “clean up” the previously passed Public Charter School bill. An amendment was adopted to allow a proctor for state assessments if the teacher isn’t certified.

The House Subcommittee on Public Education took up the following bills today:

HB2143 – Require elementary school teachers to be certified in the science of reading

Implementation 2026-2027 academic year, each public school teacher and public charter school teacher shall be trained to use core curriculum and instructional materials in English language arts and evidence-based reading intervention programs ap approved by the WVDOE that directly relate to the science of reading.

The department shall identify vendors that provide professional development in the science of reading to educators, including pre-service teachers and faculty employed by educator preparation programs, on the use of high-quality core curriculum and instructional materials and reading intervention programs on the lists established under this section.

No amendments – no discussion; reported to floor with recommendation it do pass, but first to Committee on Education.

HB2513 – Enhancing training requirements for county boards of education members

Increasing the number of annual training hours for county board members; modifying the subjects on which county board members must be trained; authorizing the State Board to require board members to complete additional training upon request from the State Superintendent; adding ex officio members to the count board member training standards review committee; and requiring the State Superintendent to make an annual report to the Legislative Oversight Commission on Education Accountability relating to county board member training
A person elected to a county board after May 1, 2025, may not assume the duties of a county board member unless he or she has first attended and completed an orientation training relating to boardsmanship, governance effectiveness, and fiscal management, which shall be provided between the date of election and the beginning of the member’s term of office.
No amendments; reported to floor with recommendation it do pass, but first to Committee on Education.

HB2516 – To repeal antiquated and inoperative portions of code.

No amendments, no discussion – reported to floor it do pass but first sent to Education Committee

HB2635 – To ensure that classroom sizes are equal without losing a teachers aide

To keep the board from splitting the classroom size 20 to 10; one with an aide and one without. This splits the classroom size equally; 15 each with an aide also in each.
No amendments; reported to floor with recommendation it do pass, but first to Committee on Education.

Monday, March 3, 2025

We’ve made it one-third of the way through as of today! Day 20 coverage begins with the Senate.

On first reading today in the Senate was SB 154, which prohibits sexual orientation instruction in public schools. The new Committee Substitute for the Committee Substitute provides:

Teachers are prohibited from providing instruction related to sexual orientation or gender identity.
Teachers are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex.
Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian.

The bill contains some concerning elements that impact classroom teachers and other school employees:

If a parent makes a complaint that a teacher has violated the statute, a school must start an investigation within 5 days of the report, and within 10 days of the complaint must issue a report.
If the school finds that the report is unsubstantiated, the parent can appeal to the BOE, and the BOE can grant the appeal or remand it for additional fact-finding by a 2/3 vote.

The bill does not allow the BOE to simply uphold the school’s decision that the complaint was unsubstantiated. This is an unfair stacking of the deck against teachers.

First offense: reprimand
Second offense: 30-day suspension
Third offense: termination.

Other bills on first reading include SB 284 and SB 581. The Committee Substitute for SB 284 addresses training and orientation requirements of BOE members. The bill also addresses compensation at a rate of $260 per meeting attended, unless the board votes to approve a lower rate. The Committee Substitute for SB 581 relates to school attendance and student participation in 4-H or FFA activity. It clarifies that students’ participation in 4-H or FFA activities resulting in an absence from school shall receive an excused absence.

All three bills were advanced to 2^nd reading.

Over on the House side, the elementary behavior bill, HB 2515, was on third reading. This bill provides mechanisms to remove disruptive students as well as adding interventions for those identified as violent, threatening, or intimidating. Title One schools can request a waiver of the requirements as long as they can show they have a successful program. Delegate Pushkin questioned who determines if a school has a successful program to qualify for the waiver. Delegate Lewis questioned the availability of a SAT team in each school. Delegate Young questioned the authority for the legislature to approve West Virginia Board of Education rules.

The bill passed 92-4 with Delegates Garcia, Hornbuckle, Pushkin and Williams voting against the bill.

The House Education Committee met today and took up 5 bills at the committee hearing stage:

HB2166 would establish a behavioral health workforce initiative with the Higher Education Policy commission with the purpose of incentivizing and promoting careers in behavioral health.

HB2190 would include Potomac State College in the definition of community and technical college education program for participation in the “Learn and Earn Program.”

HB 2411 would provide that beginning with the entering ninth grade class in the 2027-2028 school year, a public high school student shall be required to earn one unit of credit in a high school computer science course before the student graduates. The credit may be earned in grades eight through twelve, shall be made available in a traditional classroom setting and shall be offered in a blended learning environment or an online-based or other technology-based format only if a traditional classroom setting is not feasible. The credit shall be allowed to substitute for one math credit or one personalized education plan credit.

HB2614 would allow an optional lump sum payment of accrued personal leave to full-time employees of a county school board upon the ending of full-time employment due to death. The payment shall be limited to 30 days/$6,000.

Most significantly:

HB 2187 would allow teachers, administrators, and support personnel in grades k-12 to carry concealed firearms, tasers, and/or pepper spray and be designated as a school protection officer (SPO). SPOs shall be authorized to carry concealed firearms or a stun-gun or taser device in any school in the district. Any teacher, administrator, or support personnel seeking to carry a concealed firearm on school property shall also submit proof that he or she has: (I) A valid concealed carry endorsement or permit issued by the county the teacher, administrator, or support personnel requests to be a SPO in, and (II) a certificate of a Security Protection Officer Training Program (SPOTP) completion from a SPOTP training program. Participation as a SPO is voluntary, no teacher may be required to participate. The certification requires 24 hours of initial training with 8 hours of annual requalification training.

Each of these bills was advanced to the markup stage with the committee.

Friday, February 28, 2025

It was relatively quiet on Day 17 in the Senate, with no committee meetings scheduled and no education-related bills to report on. Over on the House floor, the Committee Substitute for HB 2515, which relates to elementary behavior intervention and safety, was on second reading. Delegate Hornbuckle offered an amendment to add “parent, guardians or custodians” to add input for the behavior plan. The amendment failed. The bill advanced to third reading.

In House Subcommittee on Public Education the following bills were discussed:

HB 2614 allowing unused personal leave days to be paid to state employees to go to their estate if they pass away before their retirement date. A strike-and-insert amendment was offered for a cap of $6,000. This is the equivalent of thirty (30) days of leave. The strike and insert amendment was adopted. HB 2614 as amended will be reported to the floor with the recommendation that it pass but first be reported to the Committee on Education.
A Committee Substitute for HB 2411 provides changes to graduation requirements and modifies duties relating to academic content standards. The bill requires a credit in computer science and that credit may be taken anytime from the 8th grade on. The Committee Substitute for HB 2411 was adopted and will be reported to the floor with the recommendation that it pass but first be reported to the Committee on Education.

Additionally, a Committee Hearing was held on the following bills:

HB 2143 requires elementary teachers to be certified in the science of reading. This will be paid for from Step 7B money in the state aid formula. The class will have no cost to the teacher. This can be completed in two (2) years and can be used toward their Master’s degree.
HB 2513 enhances training requirements for county boards of education members. This would increase the training to 12 hours.
HB 2516 to repeal antiquated and inoperative portions of code.
HB 2635 to ensure that classroom sizes are equal without losing teachers. These bills will now be on the agenda for markup.

Thursday, February 27, 2025

Day 16! During the House floor session, the Committee Substitute for HB 2515 was advanced from first reading to second reading. This bill pertains to elementary behavior intervention and safety. It will be on second reading with the right to amend, tomorrow, February 28.

The Senate Education Committee heard a presentation from Jim Brown, Executive Director of the WV School Boards Association. This was in relation to the Committee Substitute for SB 284, which adjusts the requirements to county board of education members’ orientation and compensation. The Committee Substitute for HB 284 was adopted, and will be reported to the floor with the recommendation that it pass. In addition, two other bills were discussed, including SB 558, which requires a computer science course prior to graduation. A Committee Substitute was offered to address students with more flexibility in addressing the credit required. To be counted as a math credit, the course must be taught by a certified math teacher. The Committee Substitute for SB 558 was adopted, and the bill was sent to the Finance Committee. SB 581 relates to school attendance and student participation in 4-H or FFA activity. A Committee Substitute was offered to clarify that students’ participation in 4-H or FFA activities shall receive an excused absence. An amendment was offered by Senator Taylor adding that the excused absence was approved by the principal. The amendment was withdrawn. The Committee Substitute for SB 581 was adopted, and will be reported to the floor with the recommendation that it pass.

The House Subcommittee on Public Education discussed two bills. HB 2614 allows money paid to state employees to go to their estate if they pass away before their retirement date. This bill would enable the family members of someone who dies before retirement to recover benefits. The bill now goes to markup, which is the second step of the process. HB 2411 provides for changes to graduation requirements and modifies duties relating to academic content standards. This bill would add one credit in computer science, establish requirements for the classes, establish rule making, and create teaching positions and requirements for those teaching positions. The bill now advances to markup.

The House Health and Human Services Committee took up SB 545. The bill seeks to ban various food dyes from being ingredients in any meal served in a school nutrition program. The bill also allows schools to sell items with the dyes if it is part of a fundraising event taking place away from school premises or at least one-half hour after the end of the school day. The committee passed a committee substitute of the bill and reported the bill to the full Senate with the recommendation that it pass.

Keep an eye out for WVEA’s Legislative Update tomorrow!

Wednesday, February 26, 2025

Day 15 of 60! At today’s Senate floor session, two bills were referred to the Finance Committee:

SB 434 would require the West Virginia Board of Education to promulgate a rule to implement a wearable panic alert system at every public school. It would also require each county board to provide each employee assigned to a public school facility with a wearable alert device.
SB 450 would allow county boards of education to contract with an independent contractor, known as a West Virginia guardian, who is a former state trooper, former deputy sheriff, former state fire marshal, former Department of Natural Resources police officer, former municipal police officer, or former federal law-enforcement officer to provide public safety and/or security on school grounds to protect life and property.

The full Senate also took action on SB 92, the Glucagon for Schools Act. This bill would allow schools to maintain a supply of undesignated glucagon; allow trained school personnel to administer undesignated glucagon if the student’s prescribed glucagon is not available on-site or has expired; and would provide civil and criminal liability for school board employees when administering the glucagon. The bill passed with a vote of 33-0 and will be sent to the House of Delegates for further action.

This afternoon, the Public Employee Union held a press conference regarding PEIA at the West Virginia Culture Center in Charleston. Among the speakers were representatives of the United Mine Workers of America, Professional Fire Fighters of West Virginia, the WV Troopers Association, Communications Workers of America, WV School Service Personnel Association, American Federation of Teachers-WV, and WVEA. Watch our Facebook Live video for more details.

Stay up to speed during the session with WVEA’s text alerts. Sign up today!

Tuesday, February 25, 2025

The only education or public employee bill on the Senate floor today was SB 92, the Glucagon for Schools Act, which was on second reading. The bill creates a new section of code designed to create uniform standards for Glucagon in schools. The bill outlines a section of definitions, allows school to maintain a supply of undesignated glucagon; allows trained school personnel to administer undesignated glucagon if the student’s prescribed glucagon is not available on site or has expired; and provides for training for school personnel. No amendments were offered, and the bill will be on third reading on Wednesday.

The Senate Education Committee discussed two bills pertaining to education. First, the Committee Substitute for SB 450, which establishes the WV Guardian Program. It allows county boards to contract with former law enforcement to provide security in the schools. This bill would also allow these guardians to carry a firearm after going through extensive training. The Committee Substitute was adopted, and the bill was sent to the Committee on Finance. Second, the Committee Substitute for SB 434 requires each public school building be equipped with at least one panic alarm for use in school security emergency. The State Board would promulgate a rule that would allow for immediate contact to law enforcement agencies by use of the panic alarm. The employees would be trained in how to use the panic alarm. The question was asked who pays for this and that will be determined in Finance. Senator Roberts offered an amendment to clarify this pertains to public schools only. The Committee Substitute as amended was adopted, and the bill was sent to the Committee on Finance.

Today, in the House Education Committee, the following bills were discussed. HB 2479 relates to the management and control of county authority vested in board. The bill reduces the minimum number of persons who must be appointed to a county board from 12 to 7. This does not pertain to the county Board of Education. The bill passed and will be referred to the appropriate committee.

The Committee Substitute for HB 2164 allows public and private schools in WV to employ security personnel. The Committee Substitute changes the name from School Security Officer to School Safety Officer. Training requirements are identified in the bill. Delegate Pushkin offered an amendment to change the language in the training of the officer from “may” to “shall.” The amendment failed. The Committee Substitute was adopted, and the bill was sent to the Committee on Judiciary.

The Committee Substitute for HB 2515 relates to elementary behavior intervention and safety. The Committee Substitute has several changes, such as defining violent behavior and making the evaluation permissive rather than mandatory. The Committee Substitute allows both the teacher and the principal the ability to appeal the suspension decision. It also allows the student to ride the bus after being removed from the classroom, but only if the principal or their designee rides the bus with the student. The Committee Substitute for HB 2515 will be reported to the floor with the recommendation that it pass.

Monday, February 24, 2025

It’s day 13 and three education-related bills passed the Senate today on third reading. The following bills will now be sent to the House of Delegates for consideration:

The Committee Substitute for SB 275 removes the high school diploma or equivalent requirement for school cooks and custodians over the age of 21. Applicants under the age of 21 would still be required to have their diploma or equivalent.
The Committee Substitute for SB 282 extends the expiration date for retired teachers to accept employment as a critical needs substitute teacher for an unlimited number of days to June 30, 2030. Additionally, it does not force counties to continue to post the position when filling a teaching position of a regular teacher on leave of absence or when a position is filled with a regularly employed teacher who is fully certified or permitted for the position, but the teacher is not available at the time he or she accepts the position.
The Committee Substitute for SB 283, expands the grade levels of personal finance course requirements. The bill allows the course to be completed anytime between the freshman and senior years.

SB 92, the Glucagon for Schools Act, was on first reading today in the Senate. The bill creates a new section of code designed to create uniform standards for Glucagon in schools. The bill outlines a section of definitions, allows school to maintain a supply of undesignated glucagon; allows trained school personnel to administer undesignated glucagon if the student’s prescribed glucagon is not available on site or has expired; and provides for training for school personnel. The bill was advanced and will be on second reading/amendment stage on Tuesday.

The House Judiciary Committee met this morning to discuss HB 2006, which defines men and women in state law and single-sex spaces. Curtis Capehart introduced Governor Morrisey’s bill on behalf of the Governor. HB 2006 would apply to bathrooms and locker rooms for public schools and state institutions of higher education. During the event of an overnight trip sponsored by a public school or state institution of higher education, they must ensure that any student attending the overnight trip either shares sleeping quarters with the same sex or be provided single occupancy sleeping quarters. The bill does not impose criminal penalties and was advanced by the committee. Significantly, however, the bill specifies that it may not be applied in a manner inconsistent with federal caselaw, which currently allows transgender students to use the bathroom of their gender identity in the 4^th Federal Circuit, including West Virginia. In addition, the committee considered HB 2129, which creates the Parents’ Bill of Rights. This bill gives the parents the right to make decisions about raising their children and their medical care. It clarifies parents would not be allowed to do something that is illegal in West Virginia. The bill was also advanced.

The House Education Committee met today at 1:00 to consider two significant bills at the markup state. First, the committee considered HB 2164 to allow public and private schools to employee security personnel. The bill allows public schools to employ individuals who must be certified as determined by a Division of Protective Services advisory council. The security officers would be permitted to carry firearms under certain circumstances if the county school board or private school permits it. They may not arrest individuals, but may detain individuals for a reasonable period while law enforcement is being contacted. School security officers may not interrogate or question a detained minor without the knowledge and consent of the minor’s parent, except in the instance of a perceived immediate danger to the health, safety, and welfare of others. The bill advanced.

Second, the committee considered HB 2515 which relates to elementary behavior intervention and safety. The bill provides that when teachers in K through 6 determine that the behavior of the student is violent or threatening, the student shall be placed in a county behavioral intervention program. There are only approximately 13 of these settings throughout the state. In the absence of those settings, the students shall be removed from the classroom, the parents shall be notified to pick up the student, and if the student’s parents do not pick him or her up by the end of the day, law enforcement may be notified. After a risk assessment, the student can return to school for 5 to 10 days. If another incident occurs, the students are to be placed in an alternate setting which can include virtual school, even for early elementary students. The State Board of Education is to adopt a statewide disciplinary policy to be approved by the Legislature. The bill does not provide any resources for counties to use to create intervention programs or hire additional staff. It also fails to address protections for students with IEPs. The bill will be advanced.

Friday, February 21, 2025

Today is day 10 of 60, and WVEA President Dale Lee will provide his weekly video update on the happenings under the dome. The vaccine bill (Com. Sub. for SB 460) passed in the Senate by a vote of 20-12 with 2 absent. Several Senators spoke regarding the bill, with some even pointing out the significant weaknesses that would prevent them from voting for it. The fate of the vaccine bill SB 460 now lies with the House.

Three education-related bills advanced from second reading to third today. The Committee Substitute for SB 275 would remove the high school diploma or equivalent requirement for school cooks and custodians over the age of 21. Applicants under the age of 21 would still have to have their diploma or equivalent. The Committee Substitute for SB 282 extends the expiration date for retired teachers to accept employment as a critical needs substitute teacher for an unlimited number of days to June 30, 2030, and does not force counties to continue to post the position when filling a teaching position of a regular teacher on leave of absence or when a position is filled with a regularly employed teacher who is fully certified or permitted for the position but the teacher is not available at the time he or she accepts the position. The third bill advancing in the Senate today is the Committee Substitute for SB 283, which expands the grade levels of personal finance course requirements, allowing the course to be completed anytime between freshman and senior year. All three bills will be up for passage Monday.

It was a quiet day for education-related bills on the House side. The Subcommittee on Educational Choice met again today for more presentations, and the Subcommittee on Higher Education met to discuss the “Learn and Earn Program”.

Watch for the Legislative Update in your email, check our socials and news page, and have a safe weekend.

Thursday, February 20, 2025

The Senate delayed movement again on the vaccine bill (Com. Sub. for SB 460). It continues to hold its place on the calendar and remains on third reading.

Senate Education met this morning and discussed the following three bills:
SB 37 Allows members of the Teachers Retirement System to exchange leave for monetary compensation. A Committee Substitute was adopted to allow any teacher hired after July 1, 2015 to exchange unused sick days for 80% of their day’s pay. The bill was then sent to the Committee on Finance.

SB 154 would prohibit public schools from requiring students to participate in sexual orientation instruction. A Committee Substitute introduced a new section of code to address students identifying as transsexual. It removes the instruction of sexual orientation. It prohibits a teacher from calling a student by a name opposite their gender identity without notifying the parents. It allows for parents to bring civil action against the Board of Education. Senator Oliverio (Monongalia) offered a conceptual amendment to add the language “a change in” when addressing the name when it changes the gender identity. The amendment would allow Counsel to make the necessary changes to the amendment. The conceptual amendment was adopted, as was the Committee Substitute, and the bill was sent to the Committee on the Judiciary.

SB 158 modifies eligibility requirements for serving as members of the State Board of Education. A Committee Substitute was introduced to define what political activities a school member may be allowed to participate in. The Committee Substitute was adopted, and the bill was sent to the Committee on the Judiciary.

Tomorrow is Friday, so be on the lookout for WVEA’s Legislative Update!

Wednesday, February 19, 2025

It was another snowy day in Charleston on day eight! On third reading in the Senate was the Governor’s vaccine bill allowing religious exemptions from mandatory vaccination requirements (Committee Substitute for SB 460). The bill was laid over until tomorrow, retaining its place on the calendar. That means there is still time to contact your Senators and voice your opposition to this bill.

Today in the House Subcommittee on Educational Choice, presentations were given by Senator Rollan Roberts, the administrator at Victory Baptist Academy and Michael Donnelly, a WV Homeschool parent. Both talked about the burdensome requirements placed on private schools and homeschooling. Donnelly said the solution was more freedom for school choice. Following their presentations, WV Superintendent of Schools Michele Blatt reviewed parents’ options for school choice. Those included private schools, homeschooling, microschools, learning pods, and public charter schools.

That’s it for education-related topics under the dome today. Check back tomorrow for more.

Tuesday, February 18, 2025

Day seven had a little more action on the Senate floor. The Committee Substitute for SB 460 was on second reading and amendment stage today. SB 460 is the Governor’s vaccine bill allowing religious exemptions and physician exemptions from mandatory vaccination requirements. Four amendments were offered and rejected. Senator Weld (Brooke) offered two, Senator Woelfel (Cabell) offered one, and Senator Garcia (Marion) offered the fourth and final rejected amendment to the bill. SB 460 was advanced to third reading and will be up for passage tomorrow.

The Senate Education Committee met this morning and moved on four bills. The Committee Substitute for SB 275 removes the high school diploma requirement for cooks or custodians over the age of 21. Applicants under the age of 21 would still have to possess a high school diploma or equivalent. The Committee Substitute for SB 282 changes the expiration date for retired teachers to accept employment as a critical needs substitute teacher for an unlimited number of days to June 30, 2030. SB 283 expands the grade levels that the required course of study in personal finance can be completed from 11th and 12th only to all four years of high school. Senator Deeds (Greenbrier) offered a conceptual amendment that would allow students who took the course in 9th or 10th grade to receive the course credit retroactively, and the amendment was adopted. The committee voted to send these bills to the Senate floor with the recommendation that they do pass. The Committee Substitutes were not available on the system at press time. We will update you if any additional items were added to the bills. Finally, SB 122 changes the minimum net enrollment for the school aid formula from the current 1,400 students to 1,200 students. This change would have an impact on Calhoun, Gilmer and Wirt counties. The bill is now headed to the Finance Committee. Senate Ed is scheduled to meet again Thursday morning.

Over on the House side, the House Committee on Education met for a budget presentation from the WVDE, and the floor session had no bills to report on.

Be sure to check out the Legislative page on our website and sign up for text alerts to stay informed on pressing legislation. You can also find the contact information for your legislators on the Legislative page.

Monday, February 17, 2025

Today is officially the sixth day of the sixty-day legislative session, and 1,012 bills have already been introduced between the House and the Senate. Many of these bills will never make it on a committee agenda, and several are introduced simply to distract constituents, so don’t panic immediately when a bad bill is introduced because we expect a number of bills to fall into this category. As education-related legislation starts moving, information will be provided here on Lobbyline. Keep in mind that bills move fast, so it’s important to check Lobbyline daily.

During the Senate floor session, the Committee Substitute for SB 460, the Governor’s vaccine requirements bill allowing for religious exemptions, was on first reading and advanced to be on second reading/amendment stage tomorrow. Click here for legislator contact information if you would like to share your concerns.

Over in the House, there were no bills taken up during the floor session, and the House Committee on Education met to discuss the Higher Education funding formula. The committee meets again tomorrow at 1:00 pm for a budget presentation from the WVDE.

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