WVEA Lobbyline
Special Session - Tuesday, June 2, 2009
Special Session Concludes
The Special Session concluded today with the passage of three education related bills - Innovation Zones, 3rd & 8th Grade Critical Skills, Personnel Dates. The legislature did not address the PEIA supplemental appropriation during the special session. The House would like to do that during the interims to be held in two weeks. The supplemental appropriations are to offset the PEIA premiums scheduled for July. The House appears willing to appropriate the additional money; the Senate is not. Contact your senator and ask them to make an additional appropriation to PEIA to offset the July premium increases during the June interims.
Below is a brief outline of the bills passed in the Special Session:
Innovation Zone Act Provides that schools, groups of schools and departments of schools may apply for Innovation Zone status. The act allows schools to apply for status that would provide greater flexibility and control to teachers and principals. Applications can request waiver of state rules and code that may prohibit learning. State assessments, No Child Left Behind, and hiring practices are protected and not may not be waived, however. Any waiver of statue must be approved by the Legislative Oversight Committee on Education Accountability in addition to achieving approval of the plan by the State Board.
Applications are submitted after 80% of affected faculty and staff vote by secret ballot in favor of the plan. County boards receive the application and submit support or concerns to the applicant. Then, the school submits the application to the State Board of Education for approval. The State Board will create a process for application. Any job posting for an innovation Zone program that includes criteria above and beyond what is allowed is state code must be approved by teachers in the county by a majority vote.
New to the legislation is the eligibility of Higher Education Institution as Innovation Zones. No state or county monies are eligible for these Innovation Zones. County Boards must approve the program and students entering into the program are still considered students of the previous school for state funding and extra curricular eligibility.
Relating to Personnel Dates Updates the definition of long term substitute to include a person filling a position expected to last more than 30 days, currently the law requires 90 days. Clarifies that prospective employees may sign a contract contingent on certification prior to the beginning of the employment term.
The bill also backs-up the following deadlines:
*Moves latest date for board to vote on termination or for teacher to initiate termination from 1st Monday in April to Feb 1.
*Moves latest date for teacher to notify of intent to retire and receive bonus from February 1 to December 1. There are now provisions allowing the retiree to remain employees in cases of hardship. If the position was filled the retiree is not entitled to the exact position, however.
*Moves latest date for county board to vote on termination of ESP from April 1 to February 1.
*Moves latest date to provide written notice of transfer to school employees from Monday in April to February 1. The latest date for transfer hearings is moved from 1st Monday in May to March 15.
*Moves the latest date for the superintendent to provide a list of all provisional teachers recommended for rehiring from 1st Monday in May to March 15.
The House version of the bill was passed and does not allow non-citizens to receive a regular certification.
3rd and 8th Grade Critical Skills Programs Creates after school and summer programs for students in 3rd grade and 8th grade who need additional instruction. Students are recommended by the SAT team and classroom teachers. Programs are dependent on funding appropriated for the purpose. If money is not available to provide both programs, 3rd grade should receive priority.
Promotions can be dependent on engagement in the program. Nothing in the bill prohibits grade retention based on the recommendation of the teacher. Nothing in this bill impacts IEP plans.
The programs must employ qualified teachers and support personnel to provide the programs. Transportation and healthy foods are provided to students. Tuition may not be charged. The program is subject to legislative funding. The state board is required to report to the legislature on the implementation of the programs in the summer or 2010.
