2009-2010
PURPOSE: The purpose of the WVEA legislative program is to create a world-class public education system in West Virginia. If our students are going to compete in the market place of ideas and in the economic market place, then each and every West Virginia student needs and deserves the best possible education. Furthermore, West Virginia education employees recognize that their responsibilities extend beyond the school and that we have an obligation to support programs that improve the social conditions and quality of life in West Virginia. We support legislation that addresses social and consumer issues.
SUMMARY OF ACTIVITIES
We have structured our Legislative Program in three tiers.
The tiers provide guidance to the WVEA staff and leadership concerning deployment of resources in working with the Legislature toward achievement of our legislative program. The drafting of bills or introduction of specific legislation will be part of that effort but will not necessarily be required for any particular item or tier.
The FIRST tier comprises legislative issues developed by WVEA that require intensive activity levels to accomplish.
The SECOND tier includes legislative issues that WVEA will support and will work to advance when opportunities for passage exist. Numbers do not indicate priority of the item but are included for easy reference.
The THIRD tier represents legislative issues constantly monitored by the WVEA that may require appropriate WVEA activity when issues arise in the Legislature. Numbers do not indicate the priority of the item but are included for easy reference.
Any resolutions that the Delegate Assembly passes shall be used as a guideline in support of any legislation.
SALARY
WVEA will pursue a salary increase to maintain progress toward paying West Virginia school employees at the national average in their particular employment category. Salary increases should be funded on a multi-year basis. Three additional increments; B.A. 30, B.A. 45, and masters plus 60 should be added to the existing pay scale. WVEA supports legislation that encourages the recruitment and retention of certified teachers and ESP and the increase in local share to all counties.
RETIREMENT
WVEA believes that there needs to be proper and adequate funding of the retirement system to guarantee optimum benefits for current and future retirees. These benefits should include a COLA (Cost of Living Adjustment) that would allow retirees to maintain a decent standard of living. WVEA will pursue additional funding for the Teacher Retirement system so that the appropriation will be a fixed dollar amount for the next thirty years or until the unfunded liability is paid off in full. WVEA will also pursue legislation that increases the monthly minimum pension for retirees with more than twenty years of service, to at least an amount above the federal poverty level and to increase the exemption from personal income taxation to at least the first $20,000 in Teacher Retirement benefits.
INSURANCE
WVEA believes that there needs to be proper and adequate funding of the public employees health insurance agency. Additionally, we support the fundamental restructuring of the current health care system to recognize that health care is a right and not a privilege, and that funding should occur through a single payer. WVEA supports legislation and programs that control prescription drug and health care costs to the participants. WVEA believes that PEIA participants, both active and retired, should have premiums determined by a fixed percentage of the active employee’s education related income and a fixed percentage of the retiree’s education related retirement pension.
FUNDING FOR PUBLIC EDUCATION
WVEA supports a school aid plan that ensures a high quality educational opportunity for every West Virginia student, using a formula that accurately reflects the ratio of students to regular classroom teachers by establishing minimum net enrollment used for sparse student enrollment counties and by providing supplemental allowance for extraordinarily increased enrollments. WVEA believes that in order to provide adequate funding for education, a fair, equitable and progressive tax system should be instituted in the state of West Virginia. The WVEA will seek the creation of a Public Education Trust Fund that is funded through an assessment on natural resources extraction industries and earmarked for public education. The WVEA supports an adjustment of property taxation to provide additional funding for public education. WVEA opposes vouchers and other means of using public resources to promote private or home schools.
PROVIDING A SAFE SCHOOL ENVIRONMENT
WVEA believes that it is essential to have school facilities that are free from violence, environmental, health and indoor air quality problems. Therefore, WVEA supports initiatives that promote the health and safety of employees and students. Such efforts may include but not be limited to:
a) Initiatives that will discourage students from using tobacco products.
b) Initiatives to limit occupancy of school vehicles to the number of passengers who may be safely seated.
c) Creation of separate alternative schools (at all education levels) to conduct classes during the regular school day for students who, because of their violent or severely disruptive behavior, are unable to succeed in the regular school setting.
d) Nutritious breakfast and lunch items that exclude irradiated food ingredients, trans-fat, and food additives linked to health or developmental risk.
HIGHER EDUCATION TENURE
That higher education employees be protected by fair and adequate compensation for regular and/or time in excess of their regular work day. That higher education employees be protected from efforts to erode tenure. That WVU be mandated to pay all classified staff at least at step 0 on the Classified Staff 2001 Salary Schedule by July 1, 2009
DAILY RATE FOR EXTRA DUTIES
Require that all teachers and education support professionals who perform any work assignments outside the normal school day or contract period be compensated at their regular daily rate and maintain all statutory and policy protections that they enjoy as a regular full-time employee. If a job requires a certified teacher, it should be at the full rate of pay.
COLLECTIVE BARGAINING
Collective bargaining for all education employees, including all higher education employees.
SPECIALISTS
Require that every elementary student has access to a certified specialist in each discipline library media, art, music, and physical education for an equal amount of time and a minimum of 60 minutes weekly no less than twice a week without adding to the responsibilities of the regular classroom teachers.
WVEA supports the following:
1. Class size limits for preschool through second grade of no more than twenty students per teacher and for grades three through twelve class size limitations of no more than twenty-five students per teacher. Should the class size limitation be exceeded, both teachers and aides should be compensated for the additional students. Class size should also be limited for adjunct professors of higher education.
2. Protection of public and higher education employees against the subcontracting of services to replace their positions and to ensure fair and adequate compensation of all employees for performing extra-curricular assignments or additional duties beyond their normal job description. (Including fair and consistent statewide pay for supplemental bus runs, as well as pay for wait time on supplemental runs during the regular school day).
3. The creation of more equitable classifications for school service personnel by including provisions for the recognition of experience.
4. A constitutional amendment that allows higher education employees and employees of the West Virginia School for the Deaf and Blind the right to serve in public office.
5. Legislation affecting female employees, who were required to take maternity leave and therefore lost time toward retirement, should be granted retirement credit for this time.
6. Legislation to prohibit the use of test scores and student performance as criteria for teacher performance evaluations.
7. Require Medicaid reimbursement to be applied to the program that generates the service.
8. WVEA will support legislation that will reduce paperwork.
9. The Student/Parent Accountability Act:
a) If a student knowingly and falsely accuses a school employee of misconduct that results in the employee being subject to discipline, then the student shall be guilty of false swearing. Any parent who encourages his or her child to make false accusations against a teacher shall also be guilty of false swearing.
b) If a student or parent intentionally harasses a school employee, the school employee should be able to obtain an enforceable restraining order and criminal penalties against the student and/or parent.
c) Truancy laws should be strengthened so that they can be enforced and students and parents are held accountable for unexcused absences.
10. School calendar improvements
a) Changes to the calendar, relating to year round school, etc., that are both educationally sound and provide flexibility for employees.
b) Methods to allow county board of education employees to vote on proposed calendars and calendar changes which change the instructional and employment terms.
c) Return to Faculty Senate days every month of the school year with half of each day dedicated to curricular planning.
d) Move the June ISE Day to September
11. Mandate that all higher education institutions provide tenure and benefits to all employees in lecture positions, including adjunct professors, based upon a definition of full time and half time employment.
12. Allow residents who are teachers but who are not US citizens to renew their certification on the same schedule as other teachers.
13. Freedom for public and higher education employees so that they are free to express reasoned professional opinions and conduct and publish credible research without fear of dismissal or other forms of reprisal.
14. Planning periods for all full time classroom teachers of not less than sixty minutes.
15. When higher ed. classified employees are allowed or required to fill in for an employee with a higher pay grade, he/she will receive the higher pay from the first day.
16. To allow counties to allocate funds in addition to excess levy funds for local bonuses or benefits.
17. County boards shall have a statewide set of criteria for recommending coaches and other extracurricular sponsors to county boards of education.
18. Amend WV Code § 18A-4-7a, pertaining to seniority and transfer in elementary schools, to allow a displaced teacher to bump the least senior teacher in his or her area of certification in the school where he or she in employed .
19. Amend WV Code §18A-7A-23 for death benefits to be available after 10 years of service with no age requirement, instead of 25 years of service at age 50 as in the present statute.
20. Allow a surviving spouse of a retiree to use the remainder of the PEIA premiums purchased by the retiree with accumulated sick leave after the retiree’s death.
21. Require insurance coverage for surviving spouse/family of deceased current employees to be extended for a period of ninety days without cost to family.
22. Hiring practices for school counselors should mirror the practices employed for hiring teachers in relation to seniority.
23. Accrued sick leave and holiday pay for long-term substitutes who have completed working 30 days in the same position.
24. Require that Department of Education employees receive continuing contract rights and due process in termination instead of “at will” employment
25. Require that all long term substitute teaching positions reasonably expected to last for 90 days or more be posted and filled pursuant to the first set of criteria in WV Code § 18A-4-7a.
26. Provide that school employees be exempt from criminal prosecution or child abuse laws for any incident arising from instruction, restraint or discipline of a student unless it is proven that the teacher acted with malice or intent to injure the student.
27. That “reduction in force” for higher education classified staff be redefined to include reduction in the number of days or hours an employee works.
28. Require that a transportation assistant (aide) be placed on all buses transporting students who are identified with a behavior disorder or have been in a juvenile or criminal proceeding involving an act that would be a crime of violence if committed by an adult.
20. Require the adoption and implementation of a state-wide uniform system of evaluation for all service personnel.
30. Remove the requirement that the days a substitute teacher must work to move to a higher pay status be consecutive.
31. WVEA shall support legislation affording classroom teachers the ability to determine the content of their lesson plans.
32. Any teacher, principal, supervisor, service personnel or other person employed by a board of education who is subpoenaed to appear as a witness in any court of law may make such appearance without any loss of pay. The board shall pay to such employee the difference between the witness fee, exclusive of travel allowances, payable for such appearance by the court and the mount of salary due to the person for the time such employee is absent from his or her employment by reason of answering such subpoena.
33. A counselor/student ration of 1:250 and a nurse/student ratio of 1:750 should be implemented.
34. WVEA will engage in active dialogue and support legislation for additional use of developmentally appropriate alternative assessment for special education and English Language Learner students.
35. Legislation to support no split classrooms in elementary schools.
36. Prohibit split secondary classes with regard to curriculum content as defined by CSOs.
37. 200 or more day employees shall be paid for every day that is in approved calendar. Days added to the approved calendar shall be considered in excess of the calendar and employees shall be paid at their daily rate of pay.
38. Change the title for educational support professional classifications to reflect national trends and to more accurately reflect the work that personnel are performing. (Aide – Instructional Assistant, Secretary – Administrative Assistant, etc.)
WVEA supports the following:
1. The right of school employees to be able to buy up to five years of out of state educational retirement service and have the service count towards meeting eligibility requirements for the Teacher Defined Benefit System.
2. Certification issues:
a) WVEA supports the empowerment of the West Virginia Education Professional Standards Board to establish criteria for teacher preparation programs and the issuance, renewal and revocation of certificates and licenses to teach.
b) Prohibit boards of education from using paraprofessionals in the place of certified teachers in instructional programs.
c) WVEA supports giving priority in the hiring of substitute teachers to those who hold teaching certification whenever possible, and never hire substitutes who do not hold a four-year degree and receive significant training in teaching techniques.
3. Compensated leave time from work for employees who are subpoenaed to appear as witnesses in both civil and criminal cases.
4. Removal of the one million dollar liability insurance requirement for community groups who wish to use school facilities.
5. Allowing grievants the choice between having a grievance decided by an Administrative Law Judge (ALJ) or through binding arbitration.
6. Leave for an employee to attend school related conferences concerning the school employee’s child.
7. Requiring county boards of education to provide special education alternative textbooks and materials for the regular text series when special education alternatives are available for the adopted series.
8. Require technology education to be made available to all middle and high school students.
9. The increase of the current twenty thousand dollars homestead exemption to forty-thousand dollars.
10. WVEA encourages school policies and building practices which are environmentally friendly and set a good example for supporting a sustainable future for our students.
11. All professional student support personnel (school counselors, nurses and speech pathologists/ audiologists and psychologists) currently meeting established criteria for Advanced Degrees Salary Classification should be granted the benefits established for that classification.
WVEA opposes the following:
1. Right-to-work legislation.
2. Merit pay.
3. Competency testing for teachers.
4. Home school expansion that reduces standards and accountability.
5. Initiative, Referendum, and Recall.
6. Reduction in the funding or elimination of agencies that work toward reducing historic inequities including discrimination based on gender, race, national origin, sexual orientation, or disability, and those agencies which promote coordination of services to children. These agencies include the Human Rights Commission and the Women’s Commission.
7. Reduction in the qualifications for the state superintendent of schools.
8. Any legislation to increase the work contract of the education employees beyond their current employment term without accompanying increases in compensation for additional days.