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Lobbyline

Sunday, March 10, 2024

Both the House and Senate have adjourned sine die. WVEA will post an in-depth update soon regarding the session. Here are a few takeaways: The budget bill passed and includes the funding for the $2460 raise for teachers and $140 raise per month for service professionals. The bill changing the hiring method of aides did not survive. The Teachers Bill of Rights includes language protecting Counselors from being forced to do certain duties, includes language regarding Special Education overages, and language regarding the 8 hour work day. The Social Security bill reduces the state tax on Social Security. It was a long 60 days, and WVEA will provide more information on actions from under the dome soon.

Saturday, March 9, 2024 Day 60

We’ve made it to the final day! So far here’s what has occurred:

The House refused to Concur with the following Senate amendments on:

HB 4851, allowing public and private schools in WV to employ security personnel.

HB 5553, adding 1/2 credit in computer science to graduation requirements beginning with the freshman class of 2026-2027. Students would be able to choose either a 1/2 credit in computer science or personal finance.

The House also moved SB 280, the scientific theories bill, to the foot of all bills.

It’s 12:45 and both chambers are in recess. The Senate was supposed to come back at 11:30 and the House was scheduled to come back at 12:30. Stay tuned.

When the Senate returned from recess, they concurred with the House amendments to SB 159, prohibiting persons convicted of certain crimes against minors from holding positions on boards of ed. The bill has completed legislation and awaits the Governor’s signature.

The Senate amended the House amendments to SB 568, student absenteeism bill, to provide technical cleanup, and then concurred with the House amendments, completing legislation and sending the bill to the Governor.

Senate recessed until 1:45.

The House returned from recess, and concurred with the Senate amendments to:

SB 146, creating the adult education task force bill.

HB 4945, relating generally to the Hope Scholarship program.

The bills are now headed to the Governor.

The House has recessed until 3:30. The Senate was still in recess at 2:10.

The Senate returned from recess, and addressed the following bills:

SB 727, revising the process for county boards to hire aides bill. The Senate refused to concur with the House amendment removing classroom aids from the bill, and asked the House to recede its amendment. (The house did not take up the bill, thus killing the bill.)

HB 5405, providing additional PD for educators. The Senate concurred the House amendments, and the bill is now sent to the Governor.

Senate recessed again.

The House returned and members gave farewell remarks.

The Committee Substitute for SB 280 passed in the House by a vote of 89-9 with 2 absent. This is the Scientific theories bill. The bill would allow teachers to respond to questions about scientific theories of how the universe and/or life came to exist.

11:00 PM Update

The Senate requested a Conference Committee for HB 4851, allowing public and private schools in WV to employ security personnel. The Senate added the language from the WV Guardian bill and the house refused. Senators Hamilton, Oliverio, and Woefel were appointed to the committee. Delegates Rowe, Smith and Statler were appointed from the House.

Senator Weld moved the Senate amend the House amendments to SB 152, displaying US motto bill. The Senate adopted a strike and insert amendment adding Public Charter School language regarding Hope Scholarship students. The motto section of the bill states schools shall display a durable poster or framed copy of the US motto, the mottos must be at least 8.5″ x 11″, and schools, including institutions of higher ed, may accept and use private donations. The poster may not depict any words, images, or other information outside of the motto and the US flag.

Senator Tarr requested unanimous consent to withdraw the Finance committee amendment to Eng. Com. Sub. for HB 4883, the pay raise bill. This amendment was the one discussed yesterday regarding changing the raise to 4% and made it contingent on the personal income tax rate. No objection was heard and the bill returned to the version sent to the Senate by the House of Delegates containing the $2460 for teachers and $140 per month for service professionals.  

The Senate then passed HB 5105, the vaccine bill, by a vote of 20-12 with 2 absent. The bill does not change the vaccine mandates for public schools but does allow private schools to make policy that could allow a religious exemption.  However, any home school or private school student that participates in any WVSSAC activity must be vaccinated. Senator Maroney, a physician and the chair of the Senate Health Committee, spoke passionately against the bill and asked if anyone voting different than he was would yield for questions.  No one yielded.  Senator Woelfel also spoke against the bill. The House concurred and completed the bill and it now goes to the Governor.

The Teacher’s Bill of Rights (HB 5262) was amended on the Senate floor. Senator Grady offered an amendment to make technical changes to ensure passage. The amendment was adopted. The bill kept the counselors language, special education teachers language, and the language if an educator is asked to work beyond the 8 hour day they must consent and be paid at their daily rate. The bill passed by a vote of 32-0 with 2 absent.

HB 4880, reducing the state tax on social security returned to the House version that passed and passed the Senate by a vote of 32-0 with 2 absent and not voting. The House then concurred and the bill now heads to the Governor.

HB 5162, establishing a program to promote creation and expansion of registered apprenticeship programs. Senator Grade requested unanimous consent to withdraw the Education committee’s amendment and no objection was heard. The bill then passed in the Senate by a vote of 32-0 with 2 absent.

SB 614, the elementary discipline bill, was amended in the House and sent back to the Senate. The Senate then amended the House’s amendment and sent it back to the House.

The Budget Bill (SB 200) bounced back and forth, as well. The Senate amended the House’s amendment and sent the bill back to the House. The House then concurred to the Senate’s amendment, completing the budget bill. The adopted budget contains the pay raise of $2460 for teachers and $140 per month for service professionals without being attached to the income tax rate. The bill now goes to the Governor.

The Committee Substitute for SB 280, the Scientific theories bill. The bill would allow teachers to respond to questions about scientific theories of how the universe and/or life came to exist. The Senate concurred the House amendment and the bill now goes to the Governor.

The House concurred and completed SB 568, the multi-tiered system for school absenteeism. The bill now goes to the Governor.

The House concurred and completed HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation. The bill now goes to the Governor.

The House concurred and completed HB 4951, facilitating the practice of School Psychology in educational or school settings. The bill now goes to the Governor.

Don’t forget to set your clocks for Daylight Saving Time!

Friday, March 8, 2024 Day 59

Today is the next to last day of the 2024 session, and flexibility and patience will be the key words for the day. Agendas will be reordered, language will be amended in and recesses will happen often.

Senate

Messages from the House:

The Senate adopted an amendment to the House’s amendment for SB 146, creating an adult education taskforce. The Senate’s amendment put the State Superintendent of Schools back into the bill and added in consultation with the Chancellor for Community and Technical College Education. The House had amended the bill to replace the superintendent with the chancellor. The Senate also adopted a title amendment. The bill passed the Senate by a vote of 33-0 with 1 absent.

The following bills were on third reading today:

Eng. Com. Sub. for HB 4863, allowing representatives of a patriotic society the opportunity to speak with and recruit students to participate in their organizations during school hours. A patriotic society, according to the bill is any youth group listed in Title 36 of US code. Boys Scouts, Girl Scouts, Boys and Girls Clubs of America, Future Farmers of America all fall under Title 36. Senator Grady moved to withdraw the Senate Ed Committee amendment and offered another one to replace it. The new amendment removes middle and high schools, allowing any school to participate. Senator Clements offered an amendment to the amendment to make the groups get permission from the Board of Education before entering a school campus. Both were adopted and the bill passed by a vote of 33-0 with 1 absent.

Eng. Com. Sub for HB 4951, facilitating the interstate practice of School Psychology in educational or school settings. The bill states, “This Compact is intended to establish a pathway to allow School Psychologists to obtain equivalent licenses to provide School Psychological Services in any Member State. In this way, this Compact shall enable the Member States to ensure that safe and effective School Psychological Services are available and delivered by appropriately qualified professionals in their educational settings.” The bill passed by a vote of 33-0 with 1 absent.

Eng. Com. Sub. for HB 5158, relating to making technical corrections to the special education code. The bill passed by a vote of 33-0 with 2 absent.

Eng. HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation. The amendment from yesterday added the following language: “Nothing in this subdivision prohibits a professional person or a professional educator from holding this class title: Provided, That after July 1, 2024, all persons employed for the first time in a position with this classification title as a director, assistant director, or coordinator of transportation shall possess a commercial driver’s license within one year of employment except that this requirement shall not apply to persons who are multiclassified, hold multiple job titles, or provide documentation from a physician that they have a medical diagnosis that renders them physically unqualified to obtain a commercial driver’s license;” The bill passed by a vote of 33-0 with 1 absent.

Eng. Com. Sub. for HB 5553, providing and changing graduation requirements and changing duties relating to academic content standards. This bill adds a one-half credit in computer science starting with the freshman class of 2026-2027 and allows for the personal finance half credit to be achieved in any grade 9-12. Senator Grady moved to withdraw the committee amendment and offered a new amendment changing the language from “programming, and algorithms;” to “algorithmic processes” and added “Content should focus on teaching students how to create new technologies, not simply how to use technology.” Senator Woodrum moved to amend the amendment by inserting a new subsection requiring age-appropriate instruction on the Holocaust. Both amendments were adopted, and the bill passed by a vote of 33-0 with 1 absent.

The Senate recessed until 6:00 PM.

During the evening floor session, the Senate continued with bills on third reading:

HB 4945, relating generally to the Hope Scholarship Program.

HB 4883, relating to increasing annual salaries of certain employees of the state. Action was postponed one day. This is the pay raise bill that Senate Finance amended to drop the raise down to 4% and made the raise contingent on the State’s personal income tax rate.

HB 5262, relating generally to teacher’s bill of rights. This bill was also laid over one day.

The Senate then adjourned until 10:00 AM.

House

The following bills were on third reading today:

SB 859, limiting requirements for issuance of professional teaching certificate, was moved to the inactive calendar.

The Committee Substitute for SB 152, displaying the official US motto in public schools. The motto posters may come from private donations and must be in the main building, but may also be in others.  The motto poster size must be a minimum of 8.5 by 11 inches. The bill passed by a vote of 86-10 with 4 absent.

SB 159, prohibiting persons convicted of certain crimes against minors from holding positions on boards of education.  The bill passed by a vote of 98-0 with 2 absent.

The Committee Substitute for SB 466, requiring the State Board of Education develop the Safety While Accessing Technology education program. The bill states, “The state board shall, in collaboration with law-enforcement agencies, criminal justice agencies, and other nongovernmental organizations with experience in child online safety issues and human trafficking prevention, develop a Safety While Accessing Technology (SWAT) education program for elementary and secondary school students in the State of West Virginia.” The bill passed by a vote of 97-0 with 3 absent.

The Committee Substitute for SB 503, protecting belief-based student organizations at Higher Ed institutions from certain types of discrimination.  The bill passed by a vote of 88-10 with 2 absent.

The Committee Substitute for SB 568, creating multi-tiered system for school absenteeism.  The bill lays out a comprehensive system in an effort to address statewide chronic student absenteeism. The State Board must create a System of Support (SOS) plan to encourage and reinforce the importance of attendance. The SOS would require counties to take certain actions regarding truant students. The bill passed by a vote of 98-1 with 1 absent.

The Committee Substitute for SB 614, relating to elementary behavior intervention and safety. The bill specifies requirements applicable to determine when the behavior of an elementary student is violent, threatening, or creates an unsafe learning environment. The bill passed by a vote of 82-14 with 4 members absent.

The Committee Substitute for SB 727, revising the process for county boards of education to hire support staff. The bill in its current form addresses the hiring of early childhood classroom
assistant teachers. The bill passed by a vote of 61-34 with 5 members absent.  

The House concurred and completed the following bills during the evening floor session:

HB 5514, enhancing training requirements for county boards of education members. The bill increases training hours and adds training on fiscal responsibility.

HB 4829, relating to the employment of service personnel and removing the requirement for a high school diploma or general education development certificate for school bus drivers who are 21 years of age or older.

HB 4863, Patriotic Access to Students in Schools Act.

HB 5405, providing additional professional development and support to West Virginia educators through teacher and leader induction and professional growth.

HB 5158, relating to making technical corrections to the special education code.

HB 4830, to address the professional development of teachers.

The House is adjourned until 9:30 AM.

Stay tuned as we update over the weekend.

Thursday, March 7, 2024 Day 58

Call to action! Contact Delegates and ask them to not accept the Senate’s amendment to the pay raise bill (HB 4883). Ask them to keep the 5% raise with no strings attached. The Senate’s version drops the raise to 4% and makes it contingent on state income tax. If the state receives a tax break, there would be no raise.

Senate

The Senate concurred with the House’s amendments for SB 487, requiring periodic review of professional development for teachers and education staff.  The House’s amended the bill to make the review every 5 years instead of every 10. The Senate also concurred with the House’s amendments to SB 806, removing outdated reports to the Legislative Oversight Commission on Education Accountability. 

The following bills were on third reading this morning:

Engrossed Committee Substitute for HB 4829, removing the high school diploma or GED for a bus driver candidate. The bill passed by a vote of 33-0 with 1 absent.

Engrossed Committee Substitute for HB 4851, allowing public and private schools in WV to employ security personnel. The Senate Judiciary Committee amended to bill to add the WV Guardian bill into the Committee Substitute. The bill passed by a vote of 33-0 with 1 absent.

Action on Engrossed Committee Substitute for HB 4880, relating to person income tax social security exemption, was postponed for 1 day.

Engrossed Committee Substitute for HB 4919, relating to re-applying to the Promise Scholarship, passed by a vote of 33-0 with 1 absent. This bill applies to college students who earned the scholarship, but lost it. They may re-apply once.

Action on Engrossed HB 4945, relating to the Hope Scholarship Program, was also postponed for 1 day. The bill grants Hope Scholarship students the same rights as any other non public school student.

Engrossed Committee Substitute for HB 5405, providing additional professional development and support to West Virginia educators through teacher and leader induction and professional growth. The bill adds “the number of full-time-equivalent teachers employed by the county who are less than fully certified for the teaching position in which they are employed” as one of the deciding factors on the amount of funding counties receive. The bill passed by a vote of 33-0 with 1 absent.

Engrossed Committee Substitute for HB 5514, enhancing training requirements for county boards of education members. The bill changes required hours of training from 7 to 12 and add a fiscal responsibility component. The bill passed by a vote of 33-0 with 1 absent.

The Senate stands in recess until 1:30 PM.

On second reading this afternoon were the following bills:

Engrossed HB 4863, Patriotic Access to Students in Schools Act, was advanced to third reading with the right to amend. The bill states, “Beginning with the 2024-2025 school year, the principal of each public school in the state shall allow representatives of a patriotic society the opportunity to speak with and recruit students to participate in their organizations during school hours to inform the students of how the patriotic society may further the students’ educational interests and civic involvement to better their schools, communities, and themselves.” A patriotic society, according to the bill is any youth group listed in Title 36 of US code. The bill was advanced to third reading with the right to amend.

Engrossed Committee Substitute for HB 4883, the pay raise bill, was also advanced to third reading with the right to amend. Yesterday, the Senate Finance Committee amended the bill by changing the pay raise from 5% to 4%, and made the raise contingent on the state income tax. If there is a reduction in the state income tax, there will be no raise. Tell your Senator to not accept this committee amendment and keep the 5% raise with no strings attached!

Engrossed Committee Substitute for HB 5105, the vaccine bill, was advanced to third reading after the Senate adopted the committee amendment and the technical cleanup amendment to the amendment. The committee amendment allow for a religious exemption for non public school students and for virtual public school students unless they participate in WVSSAC sports or competitive school clubs.

Engrossed HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation was advanced third after the committee amend was adopted. The amendment added the following language, “Nothing in this subdivision prohibits a professional person or a professional educator from holding this class title: Provided, That after July 1, 2024, all persons employed for the first time in a position with this classification title as a director, assistant director, or coordinator of transportation shall possess a commercial driver’s license within one year of employment except that this requirement shall not apply to persons who are multiclassified, hold multiple job titles, or provide documentation from a physician that they have a medical diagnosis that renders them physically unqualified to obtain a commercial driver’s license;” The bill will be up for passage tomorrow.

Engrossed Committee Substitute for HB 5262, Teacher’s Bill of Rights, was advanced to third reading after the committee amendments were adopted. Senate Ed changed the description of a school counselor by striking educator and inserting school counselor along with adding that school counselors must attend the School Counselors Conference at least once every two years. The amendment also added duties school counselors may not do without a written agreement. Senate Finance also had an amendment to put back in to code that a teacher would be disqualified to teach in any public school in the state for the duration of the next ensuing school year if the teacher fails to fulfill his or her contract. Both amendments were adopted and the bill will be up for passage tomorrow.

Engrossed Committee Substitute for HB 5553, providing and changing graduation requirements and change duties relating to academic content standards, was advanced to third reading with the right to amend and a committee amendment pending. This bill adds a one-half credit in computer science and allows for the personal finance half credit to be achieved in any grade 9-12.  An amendment was adopted in Senate Ed to make technical corrections and to allow for the option of either the computer science course or the personal finance course.

The Senate is adjourned until 4:15 PM.

House

The House spent most of its day dealing with bills on third reading. The only one to report on was SB 643, supplementing and amending appropriations to Department of Education, School Building Authority. The bill adds $5,000,000 to the School Building Authority and passed by a vote of 86-12 with 2 absent.

The House will address bills on second reading this evening.

Several education-related bills were on second reading:

The Committee Substitute for SB 152, displaying the official US motto in public schools.  A Committee Amendment was adopted stating the motto may come from private donations, the size of the motto and the amendment stated the motto must be in the main building and may be in others.  Delegate Foster moved to make the motto size a minimum of 8.5 by 11 inches.  The amendment passed.  Delegate Williams moved to add the state motto to the motto poster.  The amendment failed 23-68 with 9 members absent.  The Committee Substitute for SB 152 as amended advances to third reading.

SB 159, prohibiting persons convicted of certain crimes against minors from holding positions on boards of education.  Delegate Hansen offered an amendment to include those running for sheriff or prosecutor to disclose any felony convictions.  The amendment failed.  The bill advances to third reading.

The Committee Substitute for SB 280, allowing teachers in public schools to discuss scientific theories.  The Judiciary Committee moved a strike and insert amendment to allow a teacher to discuss or answer questions about scientific theory.  Delegate Young offered an amendment to prohibit flat earth theory.  The amendment failed.  Delegate Young offered another amendment that allows a teacher to respond to students but not endorse any theory.  The amendment failed.  The strike and insert amendment was adopted and the bill advances to third reading.

The Committee Substitute for SB 466 requiring the State Board of Education to develop Safety While Accessing Technology education programs.  Delegate Young offered an amendment to only apply to secondary schools.  The amendment failed.  The bill advances to third reading. 

The Committee Substitute for SB 503, protecting belief-based student organizations in higher ed from certain types of discrimination.  Delegate Hamilton offered an amendment to reinstate the language “that is open to all students”.  The amendment failed.  Delegate Hornbuckle offered an amendment adding guidelines to promote safety.  The amendment failed.  The bill now advances to third reading.

The Committee Substitute for SB 568, creating a multi-tiered system for school absenteeism.  Delegate Ellington moved to amend the bill adding protections due to pregnancy.  The amendment passed.  Delegate Young moved to amend the bill by stating the plan may not incentivize perfect attendance.  The amendment failed.  The bill advances to third reading. 

The Committee Substitute for SB 614 relating to elementary behavior intervention and safety.  The Committee on Education moved to amend the bill adding language from the Teachers Bill of Rights bill that has passed the House.  A secondary amendment was offered by Delegate Griffith to add when a school psychologist may refer the child to a comprehensive evaluation.  The amendment failed.  Delegate Tully offered a secondary amendment concerning the expulsion of the student and the due process rights without the approval of the superintendent and BoE.  The amendment also added the notification of CPS if the student is not picked up at school.  The secondary amendment failed.  Delegate Pushkin offered a secondary amendment that strikes the mandatory requirement of the student not riding the bus.  The amendment failed.  The primary amendment passed and the bill as amended advances to third reading. 

The Committee Substitute for SB 727, revising the process for county boards of education to hire support staff.  The Committee on Education offered a strike and insert amendment for the bill to only apply to ECAT positions and adding a service personnel to the faculty senate hiring committee.  The amendment was adopted and the bill advances to third reading. 

The Committee Substitute for SB 741, prohibiting the creation, production, distribution or possession of artificially generated child pornography.  House Judiciary amended the bill Tuesday by adding in the language from the obscene material bill. The bill advances to third reading with the right to amend and the committee amendment pending.

Wednesday, March 6, 2024 Day 57

Call to action! Reach out to the Senate and share your concerns about Committee Substitute for HB5105 , the vaccine bill and Committee Substitute for HB 4883, the pay raise bill. Then, let the House know how you feel about SB 727, the ECAT hiring bill. Contact information can be found here. More information about action taken today on the bills can be found below.

Senate

This morning in Senate Education the following bills were on the agenda:

HB 4863, creating the Patriotic Access to Students in Schools Act. The bill states, “Beginning with the 2024-2025 school year, the principal of each public school in the state shall allow representatives of a patriotic society the opportunity to speak with and recruit students to participate in their organizations during school hours to inform the students of how the patriotic society may further the students’ educational interests and civic involvement to better their schools, communities, and themselves.” A committee amendment was adopted to allow time for middle and high school students to be recruited during school hours.  Another amendment was adopted to allow time for elementary, middle, and high school students to be recruited. The motion to report HB 4863 as amended to the floor with the recommendation it do pass was adopted.

HB 5553, providing and changing graduation requirements and changing duties relating to academic content standards. This bill adds a one-half credit in computer science and allows for the personal finance half credit to be achieved in any grade 9-12.  An amendment was adopted to make technical corrections and to allow for the option of either the computer science course or the personal finance course.  The motion to report HB 5553 as amended to the floor with the recommendation it do pass was adopted.

HB 5252, requiring the director, assistant director, or coordinator of transportation to have 5 years of experience in the transportation department or obtain a CDL in the first year.  An amendment was adopted to waive the requirement if the person in the position is not medically able to obtain the CDL.  The motion to report HB 5252 as amended to the floor with the recommendation it do pass was adopted.  A title amendment was also adopted.

HB 5158, relating to making technical corrections to the special education code. The bill changes “county board” to “local education agency” to include other public authority legally constituted within WV. An amendment was adopted to add language from bills that have already passed this session.  The motion to report HB 5158 as amended to the floor with the recommendation it do pass was adopted.  A title amendment was also adopted. 

HCR 24, creates a study resolution to examine the school aid formula.  It requires the Joint Committees on Finance and Education to study the school aid formula.  The motion to report HCR 24 to the floor with the recommendation it be adopted was adopted.

An originating resolution to study how the School Building Authority Funds are distributed.  The motion to report the originating resolution be reported to the floor with the recommendation it be adopted was adopted.

Morning Senate Floor Session:

The Senate voted to concur with the House amendments to SB 504, completing legislation. SB 504 is relating to felony offense of sexual intercourse, intrusion, or contact with a student.

Senate Concurrent Resolution (SCR) 35, requesting study on efficiency and accountability of county boards of education. The Joint Committee on Government and Finance will “report to the regular session of the Legislature, 2025, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendation.” Senator Takubo moved to send the resolution to the Committee on Rules.

Engrossed Committee Substitute for HB 4709, relating to vocational and technical education programs, was on third reading. The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. The bill passed by a vote of 34-0.

Engrossed Committee Substitute for HB 4986, relating to computer science and cybersecurity instruction for adult learners, was on third reading. The bill would require the state superintendent of school to apply for grants and implement programs to offer instruction on computer science and cybersecurity to adult learners. The bill passed by a vote of 34-0.

Engrossed HB 5056, relating to substitute service personnel positions, was on third reading. This allows qualified service professionals to sub on a day-to-day basis outside of their regular full-time position if a qualified substitute is not available. The bill passed by a vote of 34-0.

Engrossed HB 5697, relating to public charter schools code provisions, was also on third reading. A committee strike and insert amendment was adopted yesterday in the public charter school criteria section allowing public charter schools to charge fees for services provided to Hope Scholarship students. The bill passed by a vote of 34-0.

The Senate is in Recess until 4:00 PM.

Today in Senate Health, HB 5105, the vaccine bill, was added to the agenda.  The bill provides for a religious exemption for all students, public, private, and home-schooled.  The committee offered an amendment that took the public schools out of the bill, meaning mandatory vaccines.  It also requires vaccines for any student participating in WVSSAC activities except when an exemption is permitted.  The religious exemption is removed from the bill for public schools, but private or parochial schools may write an exemption.  Senator Takubo requested testimony from those in the audience. Testimony was heard about the risks the lack of vaccines would cause bringing back diseases(measles, polio) that have not been seen in WV in many years because of our high vaccination rate.  Another physician spoke against vaccines after experiencing vaccine injury in his own family.  Others testified both for and against the bill.  The amendment passed.  The motion to report HB 5105 to the full Senate with the recommendation it do pass was adopted.

Committee Substitute for HB 4883, the pay raise bill, was on Senate Finance’s agenda this afternoon. The committee amended the bill by changing the pay raise from 5% to 4%, and made the raise contingent on the state income tax. If there is a reduction in the state income tax, there will be no raise.

During the Senate’s evening floor session, the Senate received committee reports and read bills for a first time. The Senate is adjourned until 10:00 AM Thursday.

House

Today on the House floor the following bills were on third reading:

SB 146, creating the adult education task force to study and consider funding options, existing funding sources, and the best approach to provide direct funding for the adult learning centers. The bill passed by a vote of 94-2 with 4 members absent.

SB 487, requiring periodic review of professional development for teachers and education staff.  The review would happen every 5 years. The bill passed by a vote of 93-0 with 7 members absent.

SB 653, supplementing the School Building Authority $150 million.  The bill passed by a vote of 92-1 with 7 members absent.

SB 806, removing outdated reports to the Legislative Oversight Commission on Education Accountability.  The bill passed by a vote of  92-0 with 8 members absent.

The Committee Substitute for HB 4025, the House Budget Bill, was moved to the inactive calendar because the House passed the Senate Budget Bill (SB 200) yesterday.

SB 643, granting an additional $5,000,000 to the School Building Authority, was on second reading and advanced to third reading with no amendments offered.

The House is in recess until 5:00 PM.

Today in House Education the following bills were on the agenda:

The Committee Substitute for SB 466, requiring the State Board of Education to develop Safety While Accessing Technology (SWAT) education program.  A committee substitute was adopted to teach the program at least once from third grade through 12th grade and be more in-depth.  The motion to report the Committee Substitute to the floor with the recommendation it do pass was adopted.

SB 568, creating a multi-tiered system for school absenteeism. The motion to report SB 568 to the floor with the recommendation it do pass was adopted. 

The Committee Substitute for SB 614, relating to elementary behavior intervention and safety.  The bill was resumed from the Monday meeting.  Delegate Pushkin offered an amendment to strike the Senate bill and replace it with the discipline bill that passed House Education earlier.  The amendment failed.  An amendment was offered by Delegate Tully to notify CPS if the parent/guardian fails to pick up the student or make arrangements to pick up the child.  The amendment failed.  Delegate Tully offered another amendment to provide no expulsion shall occur unless the proper procedures have been followed.  The amendment failed.  Delegate Griffith offered an amendment concerning identifying behaviors.  The amendment failed.  Delegate Pushkin moved to amend the bill by striking the portion of the bill that the student may not ride the bus and law enforcement may be called.  The amendment failed.  A motion was made to call the question before any discussion was held.  The motion passed by a vote of 14-8.   The motion to report the Committee Substitute for SB 614 as amended to the floor with the recommendation it do pass was adopted. 

The Committee Substitute for SB 727, revising the process for county boards of education to hire support staff.  A strike and insert amendment was offered to only apply to ECAT positions in grades K-3.  An ECAT may also serve on the faculty senate hiring committee.  The motion to report the strike and insert amendment for SB 727 to the floor with the recommendation it do pass was adopted by a vote of 14-8. 

SB 859, limiting requirements for issuance of professional teaching certificate.  The motion to report SB 859 to the floor with the recommendation it do pass was adopted.

During the House’s evening floor session, SB 568, creating a multi-tiered system for student absenteeism, SB 859, limiting requirements for issuance of professional teaching certificate, SB 466, requiring State Board of Ed to develop SWAT program, SB 727, ECAT hiring bill, SB 614, relating to elementary behavior intervention and safety were all read a first time.

The house is adjourned until 9:30 AM Thursday.

Tuesday, March 5, 2024 Day 56

House

The House Judiciary Committee met this morning and on their agenda was SB 280, allowing teachers in public schools to discuss scientific theories. The committee voted to reject the House Education Committee Amendment, and offered their own strike and insert amendment that would change the word “discuss” to “respond“. The strike and insert amendment was adopted. After a lengthy debate, the motion to report SB 280 to the full House with recommendation it do pass was adopted.

Today on the House Floor the following bills were on third reading:

The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion or contact with a student.  The bill passed by a vote of 94-1 with 5 absent.

SB 701 allows the School Building Authority to spend $150 million from special revenue for school construction to fund for the remaining projects applied for this year.  The bill passed by a vote of 94-2 with 4 absent.

The Committee Substitute for HB 4025 was advanced yesterday to third reading with the right to amend. This is the House’s budget bill with the $2460 pay increase for teachers and $140 per month for service personnel. The bill was amended today and then action was postponed for one day after 6 amendments were rejected.

The Committee Substitute for SB 200.  This is the Senate’s Budget bill. The bill was moved to the foot of all bills on third reading. After a recess brought on by a fire alarm, the House revisited SB 200 and amended the Senate’s Budget by adding the pay raises. The Committee Substitute for SB 200 as amended passed by a vote of 74-16 with 10 absent.

On second reading:

SB 487 requiring periodic review of professional development for teachers and education staff. Delegate Statler moved to amend the bill by striking out “10” and inserting in lieu thereof “5” and the amendment was adopted. The review would happen every 5 years instead of 10. The bill was advanced to third reading.

SB 653, supplementing $150 million to the School Building Authority from surplus money was advanced to third reading.

SB 806, removing certain required reports to the Legislative Oversight Commission on Education Accountability. A committee amendment was adopted addressing the School Access Safety Act requiring annual reports on school safety plans, allocations of funds and collaboration with the state board, the Division of Homeland Security, and Emergency Management. The bill was then advanced to third reading.

The House recessed for afternoon committee meetings.

During the House Judiciary meeting, the committee amended SB 741, prohibiting the production and distribution of artificially generated child pornography, by inserting the language of the obscene matter bill (HB 4654). Delegate Akers explained the House was sending a message to the Senate that “This is important legislation to us, and we spent a lot of time on this.”

Senate

During the Senate floor session, the following four bills were on second reading:

HB 4709, relating to vocational and technical education programs.  The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. The bill passed out of Senate Ed yesterday morning and was immediately taken up and read for a first time on the floor. It was on second reading today and advanced to third reading with no amendments offered.

HB 4986, relating to computer science and cybersecurity instruction for adult learners. The bill would require the state superintendent of school to apply for grants and implement programs to offer instruction on computer science and cybersecurity to adult learners. The bill was advanced to third reading with no amendments offered.

The Senate is in recess until 4:30 PM.

Today in Senate Education the following bills were addressed:

HB 5405, providing additional professional development and support to WV educators through teacher and leader induction and professional growth.  The motion to report HB 5405 to the floor with the recommendation it do pass was adopted.

HB 5514, enhancing training requirements for county boards of education members. The bill was amended to make 12 hours of training for school board members.  The motion to report HB 5514 as amended to the floor with the recommendation it do pass was adopted.

HB 5435, allowing 45 hours toward an associates degree for registered apprenticeship programs and help pay for the remaining 5 courses.  The motion to report HB 5435 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.  A title amendment was also adopted.

HB 4919, allowing a student to be eligible to have the PROMISE Scholarship be reinstated upon regaining eligibility. The motion to report HB 4919 to the floor with the recommendation it do pass was adopted.

HB 4829, removing the high school diploma or GED for a bus driver candidate.  The bill was amended to remove custodians from the bill.  The amendment was adopted.  The motion to report HB 4829 as amended to the floor with the recommendation it do pass was adopted.  A title amendment was also adopted. 

HB 5162, creating a youth apprenticeship program.  An amendment was adopted requiring the Department of Education maintain a list of programs available to students and other requirements.  Senator Trump offered an amendment to restore the current code prohibiting students under 18 from participating in certain programs.  The amendment was adopted.  Senator Chapman offered an amendment to add parental consent to the bill as regards to the roofing apprenticeship.  The amendment was adopted.  The motion to report HB 5162 as amended to the floor with the recommendation it do pass was adopted. 

Originating Resolution was adopted to study the efficiency and accountability of county boards of education. No other information was given besides there would be a study.

In Senate Finance:

HB 5262, Teachers Bill of Rights was amended to restore stricken language from 18A-2-2. This would put back in to code that a teacher would be disqualified to teach in any public school in the state for the duration of the next ensuing school year if the teacher fails to fulfill his or her contract. The bill as amended was passed out of committee.

HB 4945, relating generally to the Hope Scholarship Program, was amended to give Hope Scholarship students the same rights as any other non public school student. The bill as amended was adopted and passed out of committee.

Stay tuned for more updates!

Be on the lookout tomorrow for a video update from WVEA President Dale Lee!

Monday, March 4, 2024 Day 55

Senate

The Senate’s Committee on Education met this morning and the following bills were on their agenda:

HB 4313, the Parents’ Bill of Rights.  It provides a new cause of actions (injunctive relief) for parents against parties that violate these rights.  The motion to report HB 4313 to the full Senate with the recommendation it do pass but first be referred to the Committee on Judiciary was adopted.

HB 4709, relating to vocational and technical education programs.  The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. The motion to report HB 4709 to the full Senate with recommendation it do pass but first be referred to the Committee on Finance was adopted.

HB 5056, relating to substitute service personnel positions.  This allows qualified service professionals to sub on a day-to-day basis outside of their regular full-time position if a qualified substitute is not available.  The motion to report HB 5056 to the full Senate but first be referred to the Committee on Finance was adopted.

HB 5200, requiring school counselors in prek-12 participate in the School Counselors Conference at least once every two years. An amendment was adopted for technical clean up.  The motion to then incorporate the language of HB 5200 into the Teachers’ Bill of Rights Bill (HB 5262) was adopted. 

HB 4305, relating to granting in-service resident status to economic development participants. HB 4305 relates to a program that pays young professionals to come live in West Virginia and would provide those individuals and their immediate families in state tuition status from the moment they arrive in West Virginia. The motion to report HB 4305 to the full Senate with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

HB 5262, the Teacher’s Bill of Rights. A Committee Amendment as amended was adopted that provides exceptions to the duties a school counselor may not be required to do and changes consistent with other bills moving this session.  The motion to report the Committee Substitute HB 5262 as amended to the floor be reported to the full Senate with the recommendation it do pass but first be referred to the Committee on Finance.  A title amendment was also adopted. 

HB 5137, requiring the State Auditor to conduct audits of all county boards of education.  An amendment was adopted providing technical clean-up.  An amendment was also adopted to remove the P-Card requirement in the bill.  The motion to report HB 5137 as amended to the full Senate with the recommendation it do pass but first be reported to the Committee on Government Organization was adopted.  A title amendment was also adopted.

The Senate is in recess until 4:00 PM.

The Senate Finance Committee met this afternoon and the pay raise bill HB 4883 was originally on the agenda, but was removed before it was published for the afternoon. 

The Senate Finance Committee did pass HB 4986 which provides limited grant funding for potential cybersecurity programs for adult learners. HB 5697, relating to some technical changes in the charter school statutes, language regarding permission to charge tuition for Hope Scholarship participants wanting to attend part time, as well as a provision to make it the county board of education’s responsibility to track students who withdraw from a charter school also passed out of committee.

House

Today on the House floor there were no education bills on third reading. 

SB 152, displaying the US Motto in schools was placed on the House calendar thereby making it inactive at this time. 

The Committee Substitute for SB 292 the Hunger-Free Campus Act was placed on the House Calendar thereby making it inactive at this time.

The following bills were on second reading:

The Committee Substitute for SB 200, the Senate Budget Bill is the budget bill without the pay raises.  The bill was moved to third reading with the right to amend.

The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion, or contact with student.  An amendment was offered to include “or other entity authorized” to the definition of a private school so that entities like learning pods and micro schools are included.  The amendment passed.  The Committee Substitute for 504 as amended now moves to third reading.

The Committee Substitute for HB 4025, the House Budget Bill. This is the budget bill with the $2460 pay increase for teachers and $140 per month for service personnel. The bill advances to third reading with the right to amend.

The House then recessed until 5:00 PM today to resume the bills on first reading.

The House Committee on Education met this afternoon and did not make it through the posted agenda.

The Committee Substitute for SB 503, protecting belief-based student organizations from certain types of discrimination.  This bill is a higher education bill.  The motion to report SB 503 to the floor with the recommendation it do pass was adopted.

The Committee Substitute for SB 614, relating to elementary behavior intervention and safety.  A strike and insert was offered that added language from the Teachers Bill of Rights.  It also added language addressing an unruly or disruptive student.  Finally, the length of removal of the student should be for a semester instead of the full year. Before completing the bill’s discussion, the committee recessed until 4:00. 

The committee was called back to order at 4:13 and a motion was adopted to adjourn. As always, WVEA will keep a close eye on things under the dome.

Friday, March 1, 2024 Day 52

CALL TO ACTION! We have some bills that need your help! The Senate’s budget bill does not include pay raises, but the House’s budget bill does. Contact your Senators today and ask them to include the pay raise bill (HB 4883) in their budget. The bill is currently in the Senate’s Finance Committee with Senator Tarr as the Committee Chair.

HB 5105 was amended to include a religious exemption for vaccine requirements for any WV student. The bill was sent to the Senate’s Health and Human Resources Committee today. We are asking you to contact the Senators on the committee and let them know you want that portion (subsection (l)) removed from the bill. The following Senators are on the Health and Human Resources Committee: Michael Maroney – Chair, Tom Takubo – Vice Chair, Azinger, Chapman, Deeds, Grady, Hamilton, Hunt, Jeffries, Plymale, Roberts, Rucker, Tarr, Weld

Senate’s Health and Human Resources Committee
mike.maroney@wvsenate.gov
; tom.takubo@wvsenate.gov; mike.azinger@wvsenate.gov; laura.chapman@wvsenate.gov; vince.deeds@wvsenate.gov; amy.grady@wvsenate.gov;
bill.hamilton@wvsenate.gov
; mark.hunt@wvsenate.gov; glenn.jeffries@wvsenate.gov; robert.plymale@wvsenate.gov; rollan.roberts@wvsenate.gov; patricia.rucker@wvsenate.gov; eric.tarr@wvsenate.gov; ryan.weld@wvsenate.gov;

Senate Floor Session

Today on the Senate Floor, the Senate advanced HB 4830 relating to professional development.  This bill eases the requirement for certain required training from every year to every three years after the initial training.  The bill was advanced to third reading. 

Also on second reading was HB 4830 which provides for school employees who are suspended to attend public events on school property.  The senate adopted an education committee amendment that significantly waters the bill down by creating a list of exceptions where the employee can still be banned from school property while on suspension.

House Floor Session

Com. Sub. for SB 370 was on third reading today and passed by a vote of 96-0 with 4 absent. The bill removes Kanawha County Circuit Judge and inserts the Immediate Court of Appeals for appealing grievance cases. The decision of the administrative law judge is final upon the parties and is now enforceable in the circuit court situated in the judicial district in which the grievant is employed instead of Kanawha County Circuit Court.

The House postponed action on the two bills on second reading today. The Com. Sub. for SB 200 (Senate’s Budget Bill) and the Com. Sub. for SB 292 (Hunger-Free Campus Act) will remain on second reading Monday when the House goes back into session. SB 200 is the Budget Bill without the pay raises.

On first reading and advancing to second reading was the Com. Sub. for SB 152, displaying official US motto in public schools. This bill came out of House Judiciary yesterday with the amendment to require all classrooms in WV to display the motto, including higher ed. The Com. Sub. for HB 4025 is the House’s Budget Bill. This is the bill that provides for a $2460 pay increase for teachers and $140 per month for service personnel.

The House Committee on Education met this morning and passed the following bills out of committee with the recommendation they do pass:

SB 146, creating an adult education taskforce to study and consider funding options, the existing funding sources, and the best approach to provide direct funding for the adult learning centers would stabilize the regularity of funding these centers.

SB 487, requiring periodic review of professional development for teachers and education staff. The review would occur every 10 years to ensure the training is relevant and necessary.

WVEA is happy to report a Legislative win for the week! The House Education Committee voted down SB 189, providing substantial deference to state school superintendent’s interpretations of school law.

Both chambers have adjourned until Monday, but use the weekend to reach out to them! YOU can make a difference!

Thursday, February 29, 2024 Day 51

Senate

Senate Education met briefly this morning and passed the following three bills out of committee:

HB 5650, allowing suspended school personnel to enter school property functions open to the public. The bill is designed to allow suspended school personnel to attend school functions as parents and grandparents. An amendment was offered to limit certain offenses from attending, and with no debate, the motion to report HB 5650 as amended to the floor with the recommendation it do pass was adopted.

HB 4830, addressing the professional development of teachers. The bill changes annual training on warning signs and resources to assist in suicide prevention to upon hiring and every three years thereafter. The bill does the same schedule change for training related to preventing child sexual abuse and recognizing and responding to suspected abuse and neglect. The same applies for training on the harassment, intimidation or bullying policy and for the program on multicultural education. The bill also adds blood borne pathogen to the annual first aide training and removes students from the training requirement. Under the section for Special Protections for Disabled Children Act, the bills adds training on the mandatory reporting process, and changes the schedule from annual to upon hiring and every three years thereafter. A technical amendment was adopted to change the name of Health and Human Resources to Human Services to address the DHHR name change that occurred in the beginning of the session. The motion to report HB 4830 as amended to the floor with the recommendation it do pass was adopted.

HB 4986, relating to computer science and cybersecurity instructions for adult learners. The bill would require the state superintendent of school to apply for grants and implement programs to offer instruction on computer science and cybersecurity to adult learners. The motion to report HB 4986 as amended to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.

During the floor session, one education related bill was on third reading. HB 4838, requiring county boards of education to provide long-term substitute teachers, upon hiring, with access to IEPs and 504 plans for the students they cover. The bill passed by a vote of 34-0.

The Senate adjourned until 2:30 for afternoon committee meetings.

House

On second reading today was the Com. Sub. for SB 370, updating Public Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals. The bill changes where decisions of an administrative law judge are enforceable removing Kanawha Circuit Court and replacing it with “the circuit court situated in the judicial district in which the grievant is employed.” Any appeals on decisions from the administrative law judge will now be to the Intermediate Court of Appeals instead of Kanawha Circuit Court. No amendments were offered and the bill was advanced to third reading.

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

Com. Sub. for SB 152, displaying official US motto in public schools. House Ed amended the bill last week to insert “Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws” to the bill. Today, House Judiciary rejected the House Ed amendment taking the bill back to its original purpose. Delegate Foster then offered an amendment to require the motto be displayed in every public and private classroom in WV, including higher ed classrooms. After questions were raised about forcing beliefs on students and overkilling said beliefs to the point it could have the opposite effect, the amendment was adopted, but not unanimously. The motion to report Com. Sub. for SB 152 as amended to the floor with the recommendation it do pass was adopted.

Com. Sub. for HB 504, relating to felony offense of sexual intercourse, intrusion, or contact with a student. The bill encompasses all schools in WV, and a strike and insert amendment was offered to add clarifying details to the exception. The amendment clarifies any student under the age of 18 currently enrolled in a secondary school and engaged in a wage-earning registered youth apprenticeship program including those secondary school students under the age of 18 years participating in the Grow Your Own teacher pathway or any Career Technical Education school service personnel training programs would be exempt from prosecution. The motion to report the Com. Sub. for SB 504 as amended to the floor with the recommendation it do pass was adopted.

Wednesday, February 28, 2024 Day 50 Crossover Day

House

With today being crossover day, the House had a very long agenda and the floor session began at 8:00 AM.  The following bills were on today’s calendar:

The Committee Substitute for HB 4313, the Parents’ Bill of Rights passed by a vote of 83-14 with 3 members absent.  This bill gives parents the ability to bring legal action against schools for perceived violations of their child’s education, medical decisions, etc.

The Committee Substitute for HB 4709, relating to vocational and technical education programs. The bill establishes a pilot program for middle school students and states, “A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia’s career and technical education programs and to improve students’ college and career readiness prior to high school.” Participation in this middle school pilot program is contingent to the availability of existing funding. HB 4709 passed by a vote of 97-0 with 3 absent.

The Committee Substitute for HB 4883, the pay raise bill, was on third reading and passed by a vote of 99-0 with 1 absent. The bill provides for a $2460 pay increase for teachers and $140 per month for service personnel.

The Committee Substitute for HB 4919, allowing for those who lose the PROMISE Scholarship to reapply when eligible was on third reading and passed by a vote of 97-0 with 3 absent. The bill allows for the scholarship to be reinstated one time.

HB 4945, allowing the Hope Scholarship Board to estimate the number eligible for the scholarship instead of the exact number of participants from the previous year. That allows for more students to participate in the program. The bill also adds “All records accepted or maintained by the Board containing personally identifying information of a Hope Scholarship student, applicant, or parent are confidential and not a public record subject to release pursuant to the West Virginia Freedom of Information Act, as codified in §29B-1-1 et seq. of this code.” This will make it difficult to track WV tax dollars going to out of state vendors. HB 4945 was on third reading and passed by a vote of 76-21 with 3 members absent.

The Committee Substitute for HB 5137, requiring the State Auditor to conduct audits of all county boards of education once every six years and requires all county boards to use the Local Government Purchasing Card. The bill was on third reading and passed by a vote of 98-0 with 2 absent.

The Committee Substitute for HB 5289, allowing for the implementation of STEM software in West Virginia public schools. The bill states, “Beginning for the school year 2024-2025, the Workforce West Virginia’s Division of Workforce Development shall partner with the State Board of Education to implement a program in phases to provide chemistry and other science-based and math-based training through an educational, interactive platform designed to help students with instruction in the science technology engineering and math (STEM) field with a focus on chemistry and related careers to high schools and technical schools in the state.” 10 schools would be selected to participate the first two years of the program. After the first two years, the program would be open for any high school or technical school should they wish to participate. HB 5289 was on third reading and passed by a vote of 94-1 with 5 absent and not voting.

The Committee Substitute for HB 5405, providing additional professional development and support to West Virginia educators through teacher and leader induction and professional growth. The bill adds “the number of full-time-equivalent teachers employed by the county who are less than fully certified for the teaching position in which they are employed” as one of the deciding factors on the amount of funding counties receive. The bill was on third reading and passed by a vote of 96-0 with 4 absent.

The Committee Substitute for HB 5514, relating to enhancing training requirements for county boards of education members. The bill adds fiscal management to the topics covered in the orientation training, and requires the training to occur before a new board member can begin to serve. The annual training for board members was also changed from 7 hours to 12 hours and adds a fiscal management section to the annual training topics. Lastly, the bill allows the state board to assign additional training if the board deems it necessary. The bill was on third reading and passed by a vote of 73-23 with 3 members absent.

Senate

Today the Senate advanced with a technical amendment HB 4838 which requires the county board of education to provide long term substitutes with copies of the IEP and 504 plans for the students they serve. 

The senate adjourned until 5pm.

Check in tomorrow for more Crossover Day coverage!

Tuesday, February 27, 2024 Day 49

Senate

This morning in Senate Education the following bills were discussed:

HB 4814, extending the reporting and sunset dates of the State Advisory Council on Postsecondary Attainment Goals.  The motion to report HB 4814 to the floor with the recommendation it do pass was adopted.

HB 4838, requiring county BoEs to provide long-term substitutes, upon hiring, access to IEPs and 504s.  An amendment was adopted to move the language to the appropriate section of code.  The motion to report HB 4838 as amended to the floor with the recommendation it do pass was adopted.

HB 4951, facilitating the interstate practice of School Psychology in educational or school settings.  This allows WV to recognize endorsements from other states through a multi-state compact.  The motion to report HB 4951 to the floor with the recommendation it do pass but first be referred to the committee on Judiciary was adopted.

During the morning floor session, the following bills were on the agenda:

SB 468, requiring a computer generated animation of human conception (starting with the sperm entering the egg while the video states life begins here) be shown to all 8th and 10th grade students in WV Public Schools. This bill specifically names the Meet Baby Olivia video created by Live Action. The bill also adds age-appropriate instruction on the Holocaust, including reading of The Diary of a Young Girl, by Anne Frank in grades 10 or 11. The bill was on third reading today and passed by a vote of 27 to 6 with 1 absent. 

SB 813, allowing students to participate in non school competitive activities. There was a good debate on the bill regarding parent’s rights and protecting school sports.  The bill passed by a vote of 24 to 9 with 1 absent.

The Senate recessed until 4:00 for committee meetings.

During the evening floor session HB 4838, requiring county BoEs to provide long-term substitutes, upon hiring, access to IEPs and 504s was reported out of committee. The bill was immediately considered and read for a first time.

The Senate is adjourned until 11:00 A.M. Wednesday, February 28th.

House

The floor session began at 9:30 this morning. The Rules Committee moved the following bills off the inactive calendar and returned them to the active calendar:

Com. Sub. for HB 5180, removing requirements to submit certain evidence on behalf of home schooled children, was returned to third reading.

Com. Sub. for HB 5137, relating to requiring the State Auditor to conduct audits of all county boards of education, was returned to second reading.

The following bills were covered during the morning floor session:

Com. Sub. for HB 4829, relating to employment of service personnel and removing the requirement for a high school diploma or general education development certificate, was on third reading. Without any discussion, the bill passed by a vote of 88-11 with 1 absent.

Com. Sub. for HB 5180, removing requirements to submit certain evidence on behalf of home schooled children, was on third reading today. The bill removes the required subject areas for standardized testing and allows any child receiving home instruction to attend any class offered by the county board without the need of county approval. An amendment to include a portion of Raylee’s Law in an effort to prevent abusive parents from removing students from public school to home school when abuse is reported was offered. After a very lengthy and emotional debate over the amendment and reforms made, the amendment was adopted by a voice vote. The Com. Sub. for HB 5180 passed by a vote of 99-0 with 1 absent.

HB 5697, relating to public charter schools code provisions, was on third reading. The bill allows charter schools to charge tuition for part-time Hope Scholarship enrollment or for participation in student activities. The bill passed by a vote of 85-11 with 4 absent.

(Recessed)

The following bills were on second reading this evening:

Com. Sub. for HB 4709, relating to vocational and technical education programs. The bill establishes a pilot program for middle school students. The bill was advanced to third reading.

Com. Sub. for HB 4883, relating to increasing annual salaries of certain employees of the state. The bill provides for a $2460 pay increase for teachers and $140 per month for service personnel. Delegate Pushkin offered an amendment to increase Special Education Aides and self-contained Special Education Teachers salaries, but the amendment was rejected. The bill was advanced to third reading.

Com. Sub. for HB 4919, allowing for those who lose the PROMISE Scholarship to reapply when eligible. The bill was advanced to third reading.

HB 4945, allowing the HOPE Scholarship Program to use estimates for the following year to budget. Delegate Hornbuckle offered an amendment to add “located in this state” to keep Hope Scholarship money in WV. The amendment was rejected by a vote of 17-70 with 13 absent. The bill was advanced to third reading.

Com. Sub. for HB 5137, relating to requiring the State Auditor to conduct audits of all county boards of education. Delegate Hornby offered a strike and insert amendment that includes an audit timeline of once every six years and requires all county boards to use the Local Government Purchasing Card. The amendment was adopted and the bill advanced to third reading.

Com. Sub. for HB 5289, allowing for the implementation of STEM software in West Virginia public schools. The bill was advanced to third reading.

Com. Sub. for HB 5405, providing additional professional development and support to West Virginia educators through teacher and leader induction and professional growth. The bill adds “the number of full-time-equivalent teachers employed by the county who are less than
fully certified for the teaching position in which they are employed” as one of the deciding factors on the amount of funding counties receive. The bill advanced to third.

Com. Sub. for HB 5514, relating to enhancing training requirements for county boards of education members. The bill was advanced to third reading.

The House is adjourned until 8:00 A.M. Wednesday, February 28th.

Monday, February 26, 2024 Day 48

With twelve days to go and Wednesday being Crossover day, both the House and Senate are scrambling to get bills passed out of their chamber. We’ll start with the Senate.

Senate – Morning Floor Session

Committee Substitute for SB 568, creating a multi-tiered system for student absenteeism.  The bill passed 31-0 with 3 absent. 

Committee Substitute for SB 842 requires additional training for Board of Education members focusing on fiscal matters.  The bill passed 31-0 with 3 absent.  

SB 859 which allows for a prospective teaching candidate to gain certification if they have a bachelor’s degree in a field other than teaching and pass the praxis. It also allows for a teaching candidate who passed all the teacher preparation coursework with a 3.0 to be licensed without having to take the praxis.  The Praxis will still be required for those who teaching candidates in the education program who do not have a 3.0 in their core teaching courses when they graduate.  The bill passed 31-0 with 3 absent. 

SB 861 which provides additional funding to the state department to facilitate additional training in Math and Science.  The bill passed 31-0 with three absent. 

SB 468, requiring a course on human development was moved to the end of second reading. This is the bill we covered earlier in the session regarding the Meet Baby Olivia video.

The senate adjourned until 4pm without completing the bills on second reading which included the SB 813, allowing students to participate in non school competitive activities.

Today in Senate Education SB 870, Restoring Sanity Act was discussed.  The Committee Substitute was adopted and prohibits instruction in k-12 and Higher Education based on race, sex or ethnic group.  The committee substitute stresses the biological sex of the students.  The bill allows a complaint, appeal and reporting procedure.  The school employee is not required to address a student by their preferred pronoun if it is different from their biological sex.  The motion to report the Committee Substitute for SB 870 to the floor with the recommendation it do pass but first be referred to the Committee on Judiciary was adopted.

During the Senate’s evening floor session, SB 813 was advanced to third reading without amendments. This bill would allow students to participate in non school competitive activities.

Committee Substitute for Committee Substitute for SB 468 was moved to the foot of bills on second reading this morning. The bill would require a course in public schools on human development. Senator Grady offered an amendment to reinsert the Meet Baby Olivia video by Live Action and the amendment was adopted by a vote of 18-15 with 1 absent. The bill will be engrossed and advanced to third reading.

House

The following bills were on third reading:

The Committee Substitute for HB 5105, eliminating the vaccine requirements for students of public virtual schools.  The bill was amended on second reading to allow for religious exemptions for all school children.  After a long debate, the bill passed by a vote of 57-41 with 2 absent.

The Committee Substitute for HB 5180, removing requirements to submit certain evidence on behalf of home schooled children.  The bill was moved to the House Calendar thereby making it inactive at this time.

On second reading:

The Committee Substitute for HB 4829, removing the requirement for a high school diploma or GED for bus drivers and custodians.  The bill advances to third reading with no amendments.

The Committee Substitute for HB 5435, establishing the registered apprenticeship to associate degree programs administered by the Council for Community and Technical Colleges.  There was a technical amendment and the bill advanced to third reading.

HB 5697, relating to public charter schools code provisions.  The bill was amended to allow a public charter school teacher who is not certified to proctor the assessment and advanced to third reading.

The House recessed until 4:00 PM with first reading pending.

This afternoon in House Education the following bills were discussed:

SB 162 establishing the Summer Feeding for All Program.  This bill allows the county to use school resources to help feed students in the summer and on non-school days and work with other agencies.  The motion to report the bill to the floor with the recommendation it do pass was adopted. 

The Committee Substitute for SB 292 the Hunger-Free Campus Act.  The bill requires the Higher Ed Policy Commission to provide options for students on college campuses for food.  The motion to report the Committee Substitute for SB 292 to the floor with the recommendation it do pass was adopted.

SB 529, including Salem University in PROMISE Scholarship Program.   A strike and insert amendment was adopted to place Salem University in the proper section of code.  The motion to report SB 529 as amended to the floor with the recommendation it do pass but first be referred to the committee on Finance.

Once the House reconvened, bills on first reading and advancing to second were:

HB 4305, granting in-state resident status to economic development participants.

HB 4709, relating to vocational and technical education programs

The Committee Substitute for HB 4883, providing for a $2460 raise to teachers and a $140 per month raise for service professionals.

The Committee Substitute for HB 4919, allowing for those who lose the PROMISE Scholarship to reapply when eligible.

HB 4945, allowing the HOPE Scholarship Program to use estimates for the following year to budget.

The Committee Substitute for HB 5241, requiring the WV Office of the Insurance Commissioner to audit certain PEIA claims.

The Committee Substitute for HB 5289, to allow for the implementation of Plasma Games in WV public schools.

The Committee Substitute for HB 5405, providing additional professional development and support to WV educators through teacher and leader induction and professional growth.

The Committee Substitute for HB 5514, adding a fiscal management requirement for county BoE members.

Contact information for your legislators can be found here. Reach out today and share your concerns.

Friday, February 23, 2024 Day 45

Senate

The following bills were on the Senate’s calendar:

SB 806, relating to eliminating certain reporting requirements for innovation zones schools. The bill was on third reading today and passed by a vote of 34-0.

SB 653, supplementing and amending appropriations to School Building Authority, School Construction Fund was on second reading today. The bill was advanced to third reading.

Engrossed Committee Substitute for HB 5540, relating to fentanyl prevention and awareness Education (Laken’s Law) was also on second reading today. On Monday, the House voted to amend the bill by striking out the word “NARCAN” and inserting the words “naloxone or other opioid antagonists”. Today, Senator Takubo moved to amend the bill by striking out the words “naloxone or other opioid antagonists” and inserting the words “FDA-approved opioid reversal agents”. The amendment was adopted and the bill was advanced to third reading.

The following bills were reported out of committee today, taken up for immediate consideration, read for a first time, and were advanced to second reading:

SB 813, allowing students to participate in non-school competitive activities. The bill would allow student athletes to play for their school team and travel/AAU/All Star teams in the same season.

Com. Sub. for SB 842, modifying training requirements for county board of education members. The bill adds a fiscal management training component to county board members.  The bill also adds a review committee and a pay increase per meeting. 

SB 859, limiting requirements for issuance of professional teaching certificate.  The bill allows for those with an undergraduate degree or an education degree with a grade point average below 3.0 to pass basic skills and subject matter tests for certification. 

SB 861, increasing support and professional development for educators.  The bill allows the state department to re-appropriate Step 7 funds and utilize up to $200,000 for math and science trainings in the 2024-2025 school year and up to $2,000,000 in the 2025-2026 school year. 

House

Today in House Finance the following bills were on the agenda

HB 4919, relating to the Promise Scholarship.  A Committee Substitute was offered to perfect the language of the bill allowing for a student who loses the PROMISE Scholarship and re-qualifies, the scholarship will be reestablished.  The Committee Substitute was adopted.  The motion to report the Committee Substitute for HB 4919 to the floor with the recommendation it do pass was adopted.

HB 4945, relating generally to the HOPE Scholarship.  This bill allows the Hope Scholarship Board to estimate the number eligible for the scholarship instead of the previous year along with various other changes in the program.  The motion to report HB 4945 to the floor with the recommendation it do pass was adopted.

On the House Floor today, the following bills were on third reading:

SB 172, revising the requirements of local school improvement councils.  The bill passed by a vote of 93-4 with 3 absent.

The Committee Substitute for HB 5180, removing requirements to submit certain evidence on behalf of home schooled children.  The bill was moved to third reading with the right to amend.  Action was postponed by one day.

Bills on second reading:

The Committee Substitute for HB 5105, to eliminate the vaccine requirements for public virtual schools.  Delegate Pushkin offered an amendment changing the wording from “WVSSAC athletics” to “public school extracurricular or co-curricular activities.”  The amendment failed.  Delegate Kirby moved to amend the bill to allow children may not be vaccinated for religious reasons.  The amendment passed by a vote of 58-37 with 5 absent.  Delegate Pushkin moved a strike and insert amendment that would take the bill back to the way it came out of the Health Committee.  The amendment failed.  The Committee Substitute for HB 5105 as amended advances to third reading.

Action on the Committee Substitute for HB 5162, establishing a program to promote creation and expansion of registered apprenticeship programs was postponed one day.

The House then recessed until 6:00 PM this evening.

Thursday, February 22, 2024 Day 44

House

Today in House Finance, a Committee Substitute for HB 4883, the pay raise bill, was adopted.  The committee substitute just corrected some transposed numbers in the salary scales.  The bill provides for a $2460 pay increase for teachers and $140 per month for service personnel.  The bill will be reported to the floor.

The following bills were on the House’s active calendar today:

SB 602, relating to the Cardiac Emergency Response Plan Act (CERPA), was on third reading today and passed by a vote of 95-0 with 5 absent. The CERPA would replace the sudden cardiac arrest prevention act by creating cardiac response plans for county boards of education. CERPA would require schools to develop an emergency response plan regarding cardiac arrest working directly with local emergency service providers and would also include school athletics. The bill would allow county boards of education to accept gifts, grants and donations to implement the CERPA.

SB 172, revising requirements of local school improvement councils was on second reading. An amendment was offered to change the training from yearly to upon employment and every three years thereafter. The amendment was adopted and the bill was advanced to third reading.

HB 5180, removing requirements to submit certain evidence on behalf of home schooled children was also on second reading today. A technical amendment offered by Delegate Foster was adopted to keep state code aligned. Delegate Fluharty offered an amendment to insert a portion of Raylee’s Law in an effort to prevent abusive parents from removing students from public school to home school when abuse is reported. After a heated debate, the bill was advanced to third reading with the amendment pending, and the ability to offer further amendments. The bill will be up for passage tomorrow.

HB 5105, eliminating the vaccine requirements for public virtual schools was on first reading today, and action was postponed for one day.

House Education met today to discuss two Concurrent Resolutions.

The first was an originating resolution relating to foster care support services.  The resolution would request the state department and the Bureau for Social Services meet to ensure that foster care students have access to academic support services in reading and mathematics for elementary, middle and high school students. An amendment was offered to add “and mental health support”. The amendment passed. There are about 6500 foster care students currently in WV. A motion to report the Concurrent Resolution as amended was adopted.

House Concurrent Resolution 77 would study the cost of an alternative school in each county that doesn’t have an alternative school. An amendment was offered to add “alternative school in elementary, middle and high school level”. The amendment passed. The motion to report House Concurrent Resolution 77 as amended was adopted.

Senate

In Senate Education, the following bills were discussed:

There was a motion to reconsider the action taken Tuesday on SB 813.  Ultimately, the amendment to add coaches to the bill was removed.  A motion to to report SB 813 in the original form to the floor with the recommendation it do pass

SB 842, modifying training requirements for county BoE members.  A Committee Substitute was offered and passed.  The bill adds a fiscal management training component to county board members.  The bill also adds a review committee and a pay increase per meeting.  The motion to report the Committee Substitute for SB 842 to the floor with the recommendation it do pass was adopted.

SB 859 limiting requirements for issuance of professional teaching certificate.  The bill allows for those with an undergraduate degree or an education degree with a grade point average below 3.0 to pass basic skills and subject matter tests for certification.  The motion to report SB 859 to the floor with the recommendation it do pass was adopted.

SB 861, increasing support and professional development for educators.  The bill allows the state department to re-appropriate Step 7 funds and utilize up to $200,000 for math and science trainings in the 2024-2025 school year and up to $2,000,000 in the 2025-2026 school year.  The motion to report SB 861 to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted. 

During the senate floor session HB 5540, relating to the prevention and awareness of fentanyl (Laken’s Law) was advanced from first to second reading.  The Senate considered SB 761, forcing county boards of education to make vacant buildings available to Charter Schools.  The senate moved the bill to the rules calendar, effectively removing it from consideration for the time being. On second reading was SB 806, relating to eliminating certain reporting requirements for innovation zones schools.  No amendments were offered and the bill was advanced to third reading.

Senate Judiciary is scheduled to meet this afternoon and on their agenda is SB 568, creating multi-tiered system for school absenteeism. WVEA will report on this bill tomorrow.

Wednesday, February 21, 2024 Day 43

Senate

The following bills were on the Senate’s calendar today:

Com. Sub. for SB 727, revising process for county boards of education to hire support staff. There was some interesting discussion surrounding the passage of SB 727 relating to the hiring of Aides and ECATS.  This would make hiring Aides and ECATs similar to hiring teachers with the exception of adding one service personnel to the faculty senate hiring committee. If the faculty senate and principal agree on a candidate, that candidate will be selected no matter the seniority or other qualifications of the applicants. It also gives ECATs a hiring preference for any Aide or ECAT position.  The bill passed 31 -3 with Senators Hamilton, Caputo and Chapman voting against the bill.  When it was questioned if this would not open the process to nepotism or cronyism, Education Chair Amy Grady replied that nepotism or cronyism are fear mongering and do not happen with teachers currently.

HB 4860, providing that a general education teacher may not be responsible for accommodation logs. This bill was completely altered to make it a REQUIREMENT for all teachers to document all modifications daily as they occur.  The bill passed 32-2 with Senators Caputo and Woelfel voting against it.  This bill was written to provide relief from the burdensome paperwork but has been altered to actually make the situation worse than it currently is. As a result of the Senate changes, every teacher will now be required to document those modifications daily on a log created by the department of education.  Please contact your Delegates and ask that they reject the Senate changes and return the legislation to its original form and intent. We thank Senators Caputo and Woelfel for voting against added paperwork.

The Senate’s Committee on School Choice met today to discuss SB 860. This bill is related to a presentation given to the committee earlier in the session related a new concept in a charter school.  Under the proposal, a charter school could exist within a public school. It is designed for a school with a large number of high risk students. The charter portion would be similar to an alternative school and would serve the high risk portion of that school’s population.  This school would have to demonstrate that at least 70% of the student population is high risk.  The committee did propose an amendment to the bill to remove pregnant students from the list of “at risk” students and adding a general category of students who need greater flexibility in their scheduling or have circumstances which would benefit from the alternative charter school. The changes will become a Committee Substitute for the bill. A motion to report the Com. Sub. for SB 860 to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

Senate Pensions committee met and considered SB 408. The bill is intended to let retired teachers substitute an unlimited number of days without retirement penalty.  One issue of concern in the bill is a provision to allow the retired teacher to again contribute to their retirement to increase their benefit.  The committee attorney pointed out that provision may violate the 2005 Pension Reform Act.  The committee decided to put the bill in a study commission and get more information before consideration.

House

The following bills were on the House’s active calendar today:

HB 4299, permitting teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer (SPO) was on third reading with two pending amendments. The first amendment was by Delegate Foster and was adopted after a heated debate. Before the amendment, the bill allowed county boards of education to opt in. The amendment now allows anyone who applies and meets the requirements to be a SPO. The second amendment was offered by Delegate Fluharty and included a one time bonus of $25,000 within 30 days of completion of all required training. That amendment was rejected. HB 4299 passed by a vote of 89-11.

SB 602, regarding Cardiac Emergency Plan Act was on second reading. Delegate Ellington moved to amend the bill by striking everything after the enacting clause and inserting cleaned up version of the original bill. The amendment was adopted and the bill was advanced to third reading.

The following bills were on first reading and were advanced to second reading:

SB 172, revising requirements of local school improvement councils. The bill eliminates the PTO’s role in the selection of LSIC members and delegates the selection to the principal of the school.  The bill also requires training for LSIC members and requires that the committee minutes be published on the school’s website.

HB 5180, removing requirements to submit certain evidence on behalf of home schooled children.

House Education met this afternoon to take up the following bills:

HB 4892, relating employment of service personnel and removing the requirement for a high school diploma or general education development certificate. A Committee Substitute was offered that changed the age from 18 to 21 to avoid students dropping out of high school to work as a service personnel. A motion to report the Com. Sub. for HB 4892 to the floor with the recommendation it do pass was adopted.

HB 4902, providing a raise for special education aides, as well as a raise for self-contained special education teachers. An amendment that would take out requiring certified central office staff from temporarily filling critical vacancies was adopted. A motion to report the Com. Sub. for HB 4902 to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

HB 5425, granting a wavier to fill certain professional educator positions of employments who no applicants have six or more years of experience. A Committee Substitute was offered allowing 3 years if no one with six or more years applies. A motion to report the Com. Sub. for HB 5425 to the floor with the recommendation it do pass was adopted.

Tuesday, February 20, 2024 Day 42

Update on yesterday’s House Education Committee meeting:

HB 5162 establishes a “Youth Apprenticeship Program” and provides allowances for the program’s operation. This program provides for school age students to work in an industry and get school credit and certification. A motion to report HB 5162 to the floor with the recommendation it do pass was adopted.

HB 5180 eliminates the requirement that individual home school students test scores in 3, 5, 8 and 11 be submitted to the county superintendent. It also eliminated the requirement of a high school degree or equivalent for those home school “instructors”. The scores can be submitted as part of a micro school or combined with other non public school students scores. A motion to report HB 5180 to the floor with the recommendation it do pass was adopted.

SB 172, altering how LSIC participants are selected was last on the agenda. The bill eliminates the PTO’s role in the selection of LSIC members and delegates the selection to the principal of the school.  The bill also requires training for LSIC members and requires that the committee minutes be published on the school’s website. A motion to report SB 172 to the floor with the recommendation it do pass was adopted.

Senate 2/20/24

Today the senate passed supplemental appropriations for the WV Department of Education building construction fund (SB 701) and for the WV Department of Education aid for exceptional children (SB 710). 

Two education-related bills were on second reading today:

Committee Substitute SB 727, revising the process for county boards of education to hire support staff as on first reading today. This bill would effectively end seniority based hiring for Aides and ECATs.  It also gives a hiring preference to ECATS for both ECAT and Aide positions.  The senate adopted one amendment to place a single service personnel (an Aide or ECAT if possible) on the hiring committee that will ultimately select the successful applicant.  The Com. Sub. for SB 727 was advanced to third reading and will be up for passage tomorrow.

HB 4860, providing that a general education teacher may not be responsible for accommodation logs. Senator Grady, Education Chair, explained the committee amendment to require the general education or special education teacher to utilize the logs on days when accommodations were made (effectively gutting the legislation). The Education Committee also offered a title amendment because the bill no longer reflects the House’s intent of not making teachers responsible for accommodation logs. Both committee amendments were adopted and the bill was advanced to third reading. HB 4860 will be up for passage tomorrow.

Have concerns? Contact your legislators today! Contact information can be found here.

The following bills were on the Senate Education Committee’s agenda this morning:

SB 806, removing certain required reports to Legislative Oversight Commission on Education Accountability (LOCEA). The bill removes language tailored to Innovation Zones, and with little discussion, a motion to report SB 806 with the recommendation it do pass was adopted.

SB 750, establishing Fentanyl Poisoning Awareness Week in grades 6 through 12 (Laken’s Law). A Committee Substitute suggesting the week coincide with Red Ribbon Week beginning next school year was adopted, and the Committee Substitute for SB 750 was advanced to the floor with the recommendation it do pass.

SB 813, allowing students to participate in non-school competitive activities. The bill would allow student athletes to play for their school team and travel/AAU teams in the same season. Senator Oliverio offered an amendment to add coaches to the bill, allowing them to coach both school and travel teams. Senator Trump offered a technical amendment to correct language in the bill. Both amendments were adopted and the motion to report SB 813 as amended to the floor with the recommendation it do pass was adopted.

SB 761, providing greater access to unused buildings for public charter schools. A committee substitute was offered that adds more specific language on how county boards or other public entities provide information on closed, unused or unoccupied buildings. With little discussion the motion to report the Com. Sub. for SB 761 to the floor with the recommendation it do pass was adopted.

Several concerning bills were covered today. Share your concerns with your legislators! Contact information can be found here.

House 2/20/24

The following bills were on third reading and up for passage in the House today:

SB 507, relating to the repeal of WV EDGE. WV EDGE became unnecessary with the passage of the dual enrollment pilot program. The bill passed by a vote of 97-0 with 3 absent.

Com. Sub. for HB 5540, relating to fentanyl prevention and awareness education (Laken’s Law). This bill teaches fentanyl prevention and NARCAN instruction. The bill passed by a vote of 95-0 with 3 absent.

Committee Substitute for HB 5553, providing and changing graduation requirements and change duties relating to academic content standards. The bill adds a course in computer science to the graduation requirements and moves the personal finance requirement to the 9th or 10th grade. The bill passed by a vote of 89-7 with 4 absent.

Committee Substitute for HB 5650, allowing suspended school personnel to enter school property functions open to the public. This would allow suspended school personnel to attend school functions as parents and grandparents. The bill passed by a vote of 93-4 with 3 absent.

On second reading today was HB 4299, permitting teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer (SPO). The bill was also on second reading yesterday, but action was postponed by one day. Today, the bill was advanced to third reading with amendments pending and right to amend. HB 4299 will be up for passage tomorrow.

Monday, February 19, 2024 Day 41

Senate

The following bills were on the Senate’s calendar today:

Com. Sub. for SB 292, establishing a Hunger-Free Campus grant program. The purpose of the program would be to provide grants to state institutions of higher education designated by the Chancellor of the Higher Education Policy Commission as hunger-free campuses. The bill was on third reading today and passed by a vote of 32-2.

SB 602, relating to the Cardiac Emergency Response Plan Act (CERP). County boards of education would have to create and implement a CERP with existing funding and staff beginning in the 2024-2025 school year. The plan would address the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or similar life-threatening emergency while on school grounds. The bill states a CERP would also include school athletics. The bill was on third reading today and passed by a vote of 34-0.

HB 4832, relating to state superintendent’s reports regarding the finances of school districts. The bill would require the state superintendent to report on the finances of each school district to the Legislative Oversight Commission on Education Accountability (LOCEA). If a district fails to report its finances to the state superintendent, state funding could be reduced. The bill was on third reading today and passed by a vote of 34-0.

The two supplementing and appropriations bills that were on first reading Friday advanced on to third reading today. Those are SB 701 and SB 710.

Com. Sub. for SB 727, revising the process for county boards of education to hire support staff as on first reading today. The changes would significantly change the hiring/selection process for aides and ECATs.  The biggest change would be the addition of the faculty senate and principal recommendations to the process. This system all but negates the seniority based hiring currently used to hire service personnel.  The bill would also automatically give any ECAT priority over an aide, even if the job is for an aide and not an ECAT. The bill was on first reading today and was advanced to second reading (amendment stage).

HB 4860, providing that a general education teacher may not be responsible for accommodation logs was also on first reading today and was advanced to second reading.

House

Today on the House Floor the following bills were on second reading:

SB 507, relating to the repeal of WV EDGE. WV EDGE became unnecessary with the passage of the dual enrollment pilot program. The will was advanced to third reading with no amendments.

Action on HB 4299 was postponed by one day. HB 4299, permitting teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer. The bill allows teachers, administrators, support personnel to be designated as School Protection Officers(SPO).

The Committee Substitute for HB 5021 was moved to the House calendar making it inactive at this time. The bill updates the requirements for schools regarding their cardiac response plans.

Committee Substitute for HB 5540, relating to fentanyl prevention and awareness education (Laken’s Law). This bill teaches fentanyl prevention and NARCAN instruction. An amendment by Delegate Stevens was adopted to use the generic language for NARCAN.  The bill as amended advances to third reading.

Committee Substitute for HB 5553, providing and changing graduation requirements and change duties relating to academic content standards. The bill adds a course in computer science to the graduation requirements and moves the personal finance requirement to the 9th or 10th grade. Com. Sub. for HB 5553 was advanced to third reading with no amendments.

Committee Substitute for HB 5650, allowing suspended school personnel to enter school property functions open to the public. This would allow suspended school personnel to attend school functions as parents and grandparents. An amendment by Delegate Hornbuckle was adopted to expand the child/grandchild language in the bill. The bill as amended advances to third reading.

The House Education Committee met this afternoon and were still meeting at press time. WVEA will update on the meeting Tuesday. The following bills were on their agenda:

HB 5162, establishing a program to promote creation and expansion of registered apprenticeship programs.

HB 5180, removing requirements to submit certain evidence on behalf of home-schooled children.

SB 172, revising requirements of local school improvement councils (LSICs).

Have concerns? Contact your legislators today! Share your stories, experiences and concerns so they cannot claim no one reached out to them personally. Contact information can be found here.

Friday, February 16, 2024 Day 38

Senate

The following bills were on the Senate’s calendar today:

Com. Sub. for SB 292, establishing a Hunger-Free Campus grant program. The purpose of the program would be to provide grants to state institutions of higher education designated by the Chancellor of the Higher Education Policy Commission as hunger-free campuses. The bill was on second reading today. No amendments were offered and the bill was advanced to third reading.

SB 602, relating to the Cardiac Emergency Response Plan Act (CERP). County boards of education would have to create and implement a CERP with existing funding and staff beginning in the 2024-2025 school year. The plan would address the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or similar life-threatening emergency while on school grounds. The bill states a CERP would also include school athletics. The bill was on second reading today. No amendments were offered and the bill was advanced to third reading.

HB 4832, relating to state superintendent’s reports regarding the finances of school districts. The bill would require the state superintendent to report on the finances of each school district to the Legislative Oversight Commission on Education Accountability (LOCEA). If a district fails to report its finances to the state superintendent, state funding could be reduced. The bill was on second reading today and the Committee on Education moved to amend the bill by adding the words “as authorized in §18-9B-19 of this code” after the word funding on page 1, line 5. The amendment was adopted and the bill was advanced to third reading.

Two supplementing and amending appropriations bills were on first reading today. SB 701 deals with the School Construction Fund and SB 710 deals with Aid for Exceptional Children. Both bills were advanced to second reading.

During the Workforce Committee meeting, State Assistant Superintendent of Schools, Clinton Burch, gave a presentation on Career and Technical Ed.

House

Today in House Education the following bills were discussed:

HB 5597, relating to school bus driver charged with DUI.  The bill states that a driver who is charged with a DUI with students present will be charged with child neglect for each student.  A strike and insert was offered to change “child neglect” to “child endangerment”. The strike and insert amendment was adopted.  A motion to report HB 5597 as amended to the floor with the recommendation it do pass but first be referred to the Committee on Judiciary was adopted.

The Committee Substitute for SB 152, displaying the official US motto in public schools.  A strike and insert amendment was offered to refer to the correct sections of codes for public charter schools and higher education institutions.  The “In God We Trust” signs cannot be bought from school funds and must be donated.  The strike and insert amendment was adopted.  The motion to report the Committee Substitute for SB 152 as amended to the floor with the recommendation it do pass but first be reported to the Committee on Judiciary was adopted.

The Committee Substitute for SB 280 allowing teachers in public schools to discuss scientific theories.  A strike and insert amendment was offered to change the section of code by creating a new section of code.  The strike and insert also changed the word “shall” to “may” not prohibit.  Delegate Pushkin offered an amendment to add history and social studies as well as scientific theories.  The amendment failed.  The strike and insert amendment was adopted.  The motion to report the Committee Substitute for SB 280 as amended to the floor with the recommendation it do pass but first be reported to the Committee on Judiciary was adopted.

On the House Floor:

HB 4654, removing bone fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter.  An amendment was offered by Delegate Pushkin to extend the exemption to include teachers teaching approved curriculum.  The amendment failed.  After robust debate, the bill passed by a vote of 85-12 with 3 absent.

The Committee Substitute for HB 5137 was placed on the House Calendar making it inactive at this time. The bill deals with requiring the State Auditor to conduct audits of all county boards of education.

Bills on first reading and advancing to second reading were:

SB 507, relating to the repeal of WV EDGE. WV EDGE became unnecessary with the passage of the dual enrollment pilot program.

HB 4299, permitting teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer. This bill made it through both the Education Committee and Judiciary Committee with the recommendation it do pass. The bill allows teachers, administrators, support personnel to be designated as School Protection Officers(SPO).

The Committee Substitute for HB 5021, relating to cardiac response plans. The bill updates the requirements for schools regarding their cardiac response plans.

The Committee Substitute for HB 5540, relating to fentanyl prevention and awareness education (Laken’s Law). This bill teaches fentanyl prevention and NARCAN instruction. 

The Committee Substitute for HB 5553, providing and changing graduation requirements and change duties relating to academic content standards. The bill adds a course in computer science to the graduation requirements and moves the personal finance requirement to the 9th or 10th grade.

The Committee Substitute for HB 5650, allowing suspended school personnel to enter school property functions open to the public. This would allow suspended school personnel to attend school functions as parents and grandparents.

It’s Friday, so be on the lookout for the WVEA Legislative Update #5!

Thursday, February 15, 2024 Day 37

Senate

Senate Education met this morning to take up the following bills:

SB 727, revising the process for county boards of education to hire support staff.  A committee substitute was offered to make instructional aides hiring based on seniority, qualifications and evaluations, recommendation of the principal, and the recommendation of the faculty senate.  The committee substitute was adopted.  A motion to report the committee substitute to the floor with the recommendation it do pass was adopted.

HB 4860, providing that a general education teacher may not be responsible for accommodation logs.  An amendment was adopted to clarify the language in the bill. The motion to report HB 4860 as amended to the floor with the recommendation it do pass was adopted.

The following bills were on first reading in the Senate today and were advanced to second reading:

Com. Sub. for SB 292, establishing a Hunger-Free Campus grant program. The purpose of the program would be to provide grants to state institutions of higher education designated by the Chancellor of the Higher Education Policy Commission as hunger-free campuses.

SB 602, relating to the Cardiac Emergency Response Plan Act (CERP). County boards of education would have to create and implement a CERP with existing funding and staff beginning in the 2024-2025 school year. The plan would address the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or similar life-threatening emergency while on school grounds. The bill states a CERP would also include school athletics.

HB 4832, relating to state superintendent’s reports regarding the finances of school districts. The bill would require the state superintendent to report on the finances of each school district to the Legislative Oversight Commission on Education Accountability (LOCEA). If a district fails to report its finances to the state superintendent, state funding could be reduced.

House

On second reading today in the House were the following bills:

HB 4654, removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minors of obscene matter. The bill was advanced to third reading with the right to amend.

Com. Sub. for HB 5137, relating to requiring the State Auditor to conduct audits of all county boards of education. Action on the bill was postponed one day.

Wednesday, February 14, 2024 Day 36

Senate

The following bill was on the Senate’s calendar today:

Com. Sub. for SB 370, updating Public Employees Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals, was on third reading today and passed by a 33-0 vote with 1 absent.

The Committee on School Choice met this afternoon and took up SB 761, providing greater access to unused buildings for public charter schools by amending §18-5G-12. The bill seeks to add the following to code: Each county school system shall publish an annual list of buildings that are closed, unused, or unoccupied. Once a public charter school requests usage of a public facility, the county board or other public entity may not sell the facility or make it unavailable for the purpose of preventing the public charter school from using the building. The motion to report SB 761 to the floor with the recommendation it do pass but first be reported to the Committee on Education was adopted.

House

The following bill was on first reading in the House today:

Com. Sub. for 4654, removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter. The bill was advanced to second reading and will be on amendment stage tomorrow. In its current state, this bill has the potential to create a great deal of problems for educators. Now is the time to contact your legislators and voice your concerns.

Today in House Education the following bills were discussed:

HB 5405, providing additional professional development and support to WV educators through teacher and leader induction and professional growth.  This bill addresses professional development regarding the Third Grade Success Act.  A strike and insert amendment was adopted that changes the funding for the program by $5,000,000.  The motion to report HB 5405 as amended to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.

The Committee Substitute for HB 5553, to provide and change graduation requirements and change duties relating to academic content standards.  The bill adds a course in computer science to the graduation requirements and moves the personal finance requirement to the 9th or 10th grade. The motion to report the Committee Substitute for HB 5553 to the floor with the recommendation it do pass was adopted.

HB 5540, relating to fentanyl prevention and awareness Education (Laken’s Law). This bill teaches fentanyl prevention and NARCAN instruction.  A Committee Substitute was offered that made students aware of state resources available.  The Committee Substitute was adopted. An amendment was offered to the include other drugs in the prevention program.  The amendment passed. The motion to report the Committee Substitute as amended for HB 5540 to the floor with the recommendation it do pass was adopted.

HB 5607, relating to public charter school’s application for funding.  This bill allows charter schools to apply for SBA funds for buildings.  A strike and insert amendment was offered to clarify the $5 million the Governor has in his budget for public charter schools.  This would not affect the amount of money in the SBA funding.  The strike and insert amendment was adopted.  The motion to report HB 5607 as amended to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.

HB 5650, to allow suspended school personnel to enter school property functions open to the public.  This would allow suspended school personnel to attend school functions as parents and grandparents.  A committee substitute was offered to clarify when a suspended school personnel may attend.  The committee substitute was adopted.  The motion to report the  Committee Substitute for HB 5650 to the floor with the recommendation it do pass was adopted.

SB 507, relating to the repeal of WV EDGE.  WV EDGE became unnecessary with the passage of the dual enrollment pilot program.  The motion to report SB 507 to the floor with the recommendation it do pass was adopted.

The House Judiciary Committee met this afternoon and took up HB 4299, permitting teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer (SPO). The bill would authorize the SPO to carry concealed firearms or a stun-gun or taser device in any school in the participating district. Delegate Foster offered a strike and insert amendment that would have unknowingly forced all school districts to participate. He withdrew his amendment, and after a lengthy debate, the motion to report HB 4299 to the floor with the recommendation it do pass was adopted.

The House Committee on Pensions and Retirement met and the motion to report HB 5087, to allow Tier II teachers to be able to bank unused sick time towards retirement, to the floor with the recommendation it do pass but first be reported to the Committee on Finance was adopted. Delegate Barnhart is the lead sponsor.

Have concerns? Contact your legislators today! Share your stories, experiences and concerns so they cannot claim no one reached out to them personally. Contact information can be found here.

Tuesday, February 13, 2024 Day 35

Senate

The following bills were on the Senate’s calendar today:

SB 605, requiring electronic funds transfer of retirement contributions by participating employers, was on third reading and passed by a vote of 34-0.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship was on third reading and passed by a vote of 34-0.

Com. Sub. for SB 370, updating Public Employees Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals, was on second reading. There were no amendments offered, and the bill was advanced to third reading.

Today in Senate Education the following bills were discussed:

SB 292, the Hunger-Free Campus Act.  This bill provides grants to higher education institutions to address the basic food needs on campus. A Committee Substitute was adopted giving requirements to qualify for the program. The motion to report the Committee Substitute for SB 292 to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.  It was also noted the Chair will ask for the second reference to be waived and the Finance Chair has agreed.

SB 515, prohibiting public schools from requiring students to participate in sexual orientation instruction.  No amendments were offered.  The motion to report SB 515 to the floor with the recommendation it do pass but first be reported to the Committee on Judiciary was adopted.

HB 4832, relating to state superintendent’s reports regarding the finances of school districts.  This bill would require the state superintendent to report to LOCEA the financials of each school district.  A Committee Amendment was adopted to clarify the state funding. The motion to report the Committee Substitute for HB 4832 to the floor with the recommendation it do pass was adopted.

House

On the House Floor today, the following bills were on third reading:

The Committee Substitute for HB 4951, facilitating the interstate practice of School Psychology in educational or school settings. The bill passed by a vote of 98-2.

The Committee Substitute for HB 4986, relating to computer science and cybersecurity instruction for adult learners.  The bill passed by a vote of 95-4 with 1 member absent.

The Committee Substitute for HB 5262, relating generally to teacher’s bill of rights. The bill passed by a vote of 100-0.

HCR 24, creating a study resolution to study the school aid formula was adopted.

There were no education-related bills on first or second reading.

Monday, February 12, 2024 Day 34

Senate

The following bills were on the Senate’s calendar today:

Com. Sub. for SB 614, relating to elementary behavior intervention and safety, was on third reading today. Senators questioned the bill’s sponsor, Senator Grady, about the lack of funding to support the intervention strategies included in the bill. Senator Grady expressed that counties already have resources in place and the ability to share those resources. SB 614 passed on a 31-1 vote with 1 absent.

SB 605, requiring electronic funds transfers of retirement contributions by participating employers was on second reading. No amendments were offered and the bill was advanced to third reading.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship was on second reading today. No amendments were offered and the bill was advanced to second reading.

Com. Sub. for SB 370, updating Public Employees Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals was on first reading and was advanced to second reading.

House

The following bills were on the House’s active calendar today:

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years of experience in transportation or one year to achieve certification as a bus operator for the director and other positions. Action on the bill was postponed Thursday and Friday last week, but passed on a 51-47 vote with 2 absent.

Com. Sub. for HB 4951, facilitating the interstate practice of School Psychology in educational or school settings was on second reading. No amendments were offered and the bill was advanced to third reading.

Com. Sub. for HB 4986, relating to computer science and cybersecurity instruction for adult learners was on second reading. No amendments were offered and the bill was advanced to third reading.

Com. Sub. for HB 5262, relating generally to teacher’s bill of rights. The Committee Substitute for HB 5262 addresses specific concerns WVEA leadership pointed out. The bill was on second reading today, and Delegate Dillon offered an amendment that would exempt those with Doctorate and PHD degrees from paying for the certification.  The amendment failed.  The bill now advances to the third reading.

HB 5263, relating to the Consolidated Public Retirement Board and requiring participating public employers to remit retirement contributions and fees by electronic funds transfer. The bill was on second reading, but was placed on the House’s inactive calendar. The bill remains inactive until the Rules Committee moves it back to the active calendar.

In House Education, the following bills were discussed:

HB 4709, relating to vocational and technical education programs.  The bill will create vocational and technical programs for middle school students and states that high school students must be made aware of the programs offered.  A motion to report the Strike and Insert Substitute for HB 4709 to the floor with the recommendation it do pass but first be reported to the committee on Finance was adopted.  A motion that the two committee chairs confer to dispense with the second reference was adopted.

HB 5021, relating to cardiac response plans. A committee substitute was adopted to make technical changes. The bill updates the requirements for schools regarding their cardiac response plans.  A motion to report the Committee Substitute for HB 5021 to the floor with the recommendation it do pass was adopted.

A Strike and Insert Amendment for HB 5514, enhancing training requirements for county boards of education members was offered.  This bill adds fiscal management to the required training for county BOE members.  A motion to report the Strike and Insert for HB 5514 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.

House Judiciary

HB 4654 was on the House Judiciary’s agenda this afternoon, and due to a delayed start, the meeting was still going on at press time. HB 4654 deals with removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter. A public hearing was held earlier this month on the bill. The motion to report HB 4654 to the floor with the recommendation it do pass was adopted.

Friday, February 9, 2024 Day 31

Senate

The following bills were on the Senate’s calendar today:

Com. Sub. for SB 614, relating to elementary behavior intervention and safety was on second reading today. There were no amendments offered, and the bill was advanced to third reading.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship was on first reading today and was advanced to second reading.

House

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years of experience in transportation or one year to achieve certification as a bus operator for the director and other positions. Action on the bill was postponed yesterday, and was postponed again today. The bill remains on third reading.

The following bills were on first reading and advanced to second reading.

Com. Sub. for HB 4951, facilitating the interstate practice of School Psychology in educational or school settings.

Com. Sub. for HB 4986, relating to computer science and cybersecurity instruction for adult learners.

Com. Sub. for HB 5262, relating generally to teacher’s bill of rights. The Committee Substitute for HB 5262 addresses specific concerns WVEA leadership pointed out.

HB 5263, relating to the Consolidated Public Retirement Board and requiring participating public employers to remit retirement contributions and fees by electronic funds transfer.

Both chambers are adjourned until Monday, February 12th at 11:00 A.M.

It’s Friday, so be on the lookout for the WVEA Legislative Update email! Not receiving WVEA emails? Update your contact information here. Contact information for legislators can be found here. Share your experiences and concerns regarding student behavior and discipline with your legislators! They need to hear from you.

Thursday, February 8, 2024 Day 30

We have reached the halfway point of the 2024 WV Legislative Session.

Senate

The following bills were on the Senate’s calendar today:

SB 546, Updating STEM scholarship program, was referred to the Rules Committee after action was postponed the last two days. The bill becomes inactive unless the Rules Committee brings it back to the active calendar.

Com. Sub. for SB 614, relating to elementary behavior intervention and safety was on first reading today and advanced to second reading. This bill sates that if a K-6 student is violent, threatening, or intimidating toward staff or peers, the student would be placed in behavioral intervention program.

Today in Senate Education, a presentation was made by Minecraft in Education by Microsoft.  This would provide computer science and coding skills to students. 

SB 568, creating a multi-tiered system for school absenteeism, was brought before the committee.  A Committee Substitute was adopted with notifications for 3, 5, and 8 absences and allows the school to bring action after 10 absences.  The motion to report the Committee Substitute for SB 568 to the floor with the recommendation it do pass but first be referred to the Committee on Judiciary was adopted.

House

During the House Floor session, the Committee Substitute for HB 4851 was moved back to the Special Calendar and was moved with the right to amend.  An amendment was offered by Coop-Gonzales to remove language from the bill regarding “systemic and individual” from racism .  The amendment passed by a vote of 75-20 with 5 not voting. The Committee Substitute for  HB 4851 as amended passed by a vote of 89-0 with 11 absent and not voting.

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years of experience in transportation or one year to achieve certification as a bus operator for the director and other positions. Action on the bill was postponed again today and will be on third reading again tomorrow. 

Wednesday, February 7, 2024 Day 29

Senate

The following bills were on the Senate’s calendar today:

SB 507, relating to the repeal of WV EDGE, was on third reading and passed on a 31-0 vote with 3 absent. The dual enrollment bill from last year (HB 2005) did away with the need for the program.

SB 529, including Salem University in PROMISE Scholarship program was on third reading and passed with a 31-0 vote with 3 absent.

SB 546, updating STEM scholarship program was on second reading again today and action was laid over another day, leaving the bill on second reading. The bill cleans up outdated language and makes the scholarships available to students attending charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature.

House

Today on the House Floor, the following bills were on third reading:

HB 4851, allowing public and private schools in WV to employ security personnel, was placed on House Calendar thereby making it inactive at this time.

HB 4863, the Patriotic Access to Students Act.  This defines patriotic societies as any youth group listed in Title 36 of the US Code, and allows them the opportunity to speak and recruit at public schools. The bill passed by a vote of 95-0 with 5 absent.

HB 5056, relating to substitute service personnel positions. The bill would allow service personnel to substitute on a day-to-day basis in a position outside of their regular full-time position if they meet the requirements, and passed by a vote of 95-0 with 5 absent.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. The bill passed by a vote of 96-0 with 4 absent.

The Committee Substitute for HB 5158, making technical corrections to the special education code. This bill defines Local Educational Agency and makes technical corrections, and passed by a vote of 96-0 with 4 absent.

The Committee Substitute for HB 5179, relating to the creation of “Jaycie’s Law” and pertains to student parents. This bill provides for excused absences for student parents with time periods for natural births and C-section births and medical appointments, and passed by a vote of 96-0 with 4 absent.

The Committee Substitute for HB 5200, requiring that school counselors serving students in preschool through the 12th grade participate in the School Counselors Conference at least once every two years. The bill passed by a vote of 79-17 with 4 absent.

Bills on second reading:

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years experience in transportation or have one year to achieve certification as a bus operator for the director and other positions. Action on the bill was postponed yesterday, and was amended today to make technical changes to the bill no longer needed.  HB 5252 as amended will advance to third reading. 

In House Education, the following bills were discussed:

HB 4919, relating to the Promise Scholarship.  The bill allows for students who fall out of eligibility for the Promise Scholarship to reapply when they met the qualifications. The motion to report the bill to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

HB 4951, to facilitate the interstate practice of School Psychology in educational or school settings.  The bill allows for West Virginia to accept licensure from other states and establish alternative certifications.  A Committee Substitute was offered to make technical corrections.  The Committee Substitute was adopted.  The motion to report the Committee Substitute for HB 4951 to the floor with the recommendation it do pass was adopted.

HB 5262, regarding the Teacher’s Bill of Rights.  This bill was reconsidered to address concerns from the WVEA and the WV Department of Education. The motion to reconsider was adopted and a Committee Substitute was offered.  The Committee Substitute addressed our concerns and was adopted.  The motion to report the Committee Substitute for HB 5262 to the floor with the recommendation it do pass was adopted.

HB 5435, allowing apprenticeship programs to be eligible to an associate of applied science program to be administered by the Council for Community and Technical College Education.  An amendment was offered by Delegate Toney to change the name of the program to include the actual name of the program.  The amendment was adopted.  The motion to report HB 5435 as amended to the floor with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

To date, 1507 House bills and 716 Senate bills have been introduced. 70 bills have passed in the House, and 88 bills have passed in the Senate. On day 29 of 60, 7% of the bills introduced have passed one chamber. WVEA begins reporting on bills once they appear on a committee agenda because so many bills will never see the light of day, but we do keep a watchful eye on every education-related bill introduced.

Tuesday, February 6, 2024 Day 28

Senate

The following bills were on the Senate’s calendar today:

The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion, or contact with a student, along with clarifying that the offense applies to a student of any private or public elementary or secondary school was passed today with a 34-0 vote.

SB 507, relating to repeal of WV EDGE was on second reading and was advanced to third reading. The dual enrollment bill from last year (HB 2005) did away with the need for the program.

SB 529, including Salem University in PROMISE Scholarship program was on second reading and was advanced to third reading. The bill also strikes Alderson Broaddus University from the language in the bill.

SB 546, updating STEM scholarship program was on second reading today and action was laid over one day, leaving the bill on second reading. The bill cleans up outdated language and makes the scholarships available to students attending charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature.

During the Senate Education Committee meeting today, the following bills were on the agenda:

SB 614, specifying requirements for appropriate elementary behavior intervention and safety.  This bill sates that if a K-6 student is violent, threatening, or intimidating toward staff or peers, the student would be placed in behavioral intervention program.  The student would be removed from the classroom for the remainder of the school day. For repeat behavior, the student is to be placed into an alternative learning environment.  A Committee Substitute was offered to put the grades 6-12 language into the bill and require a risk assessment for the student to return to school. Senator Trump made a motion to lay the Committee Substitute for SB 614 to a future meeting.  The motion was defeated.  The Committee Substitute was adopted.  The motion to report the Committee Substitute for SB 614 to the floor with the recommendation it do pass was adopted.

The Committee then adjourned and no other bills were brought forth.

House

On the House floor, action on HB 4851 was postponed one day. The bill would allow public and private schools in WV to employ security personnel, and was advanced yesterday to third reading with amendments pending and the right to amend. The bill remains on third reading with the right to amend.

The following bills were on second reading:

HB 4863, the Patriotic Access to Students Act.  This defines patriotic societies as any youth group listed in Title 36 of the US Code, and allows them the opportunity to speak and recruit at public schools. Delegate Young offered an amendment to add private schools.  The motion failed on the grounds the Legislature cannot direct mandates on private schools.  The bill advances to third reading.

HB 5056, relating to substitute service personnel positions. The bill would allow service personnel to substitute on a day-to-day basis in a position outside of their regular full-time position if they meet the requirements. No amendments were offered and the bill advances to 3rd reading.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. This bill updates to reflect the HEPC oversees the scholarship and provides technical cleanup language to the code. No amendments were offered and the bill advances to 3rd reading.

HB 5158, making technical corrections to the special education code. This bill defines Local Educational Agency and makes technical corrections. No amendments were offered and the bill advances to 3rd reading.

HB 5179, relating to the creation of “Jaycie’s Law” and pertains to student parents. This bill provides for excused absences for student parents with time periods for natural births and C-section births and medical appointments. Delegate Longanacre offered an amendment to replace “may” refer to “shall” refer.  Delegate Young offered an amendment to the amendment to add a list of women’s health care providers available in the county.  The amendment to the amendment failed.  The original amendment by Delegate Longanacre passed.  Delegate Young offered an amendment to add language to receive the services while they are pregnant.  The amendment passed.  The bill as amended advances to 3rd reading.

HB 5200, requiring that school counselors serving students in preschool through the 12th grade participate in the School Counselors Conference at least once every two years. Delegate Summers offered an amendment to change the training to permissive, not mandatory.  The amendment failed.  Delegate Foster offered an amendment to provide the training at no cost to the counselors.  The amendment passed. HB 5200 as amended will advance to 3rd reading.

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years experience in transportation or have one year to achieve certification as a bus operator for the director and other positions. Action on the bill was postponed one day and remains on second reading.

Monday, February 5, 2024 Day 27

Senate

The following bills were on the Senate’s calendar today:

The Committee Substitute for SB 466, requiring state board of education develop Safety While Accessing Technology (SWAT) education program was on third reading and passed with a vote of 34-0 with 0 absent. This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology.

The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion, or contact with a student, along with clarifying that the offense applies to a student of any private or public elementary or secondary school was on second reading today. No amendments were offered, and the bill was advanced to third reading. SB 504 will be up for passage tomorrow.

SB 507, relating to repeal of WV EDGE was on first reading and was advanced to second reading. The dual enrollment bill from last year (HB 2005) did away with the need for the program.

SB 529, including Salem University in PROMISE Scholarship program was on first reading and was advanced to second reading. The bill also strikes Alderson Broaddus University from the language in the bill.

SB 546, updating STEM scholarship program was on first reading today and was advanced to second reading. The bill cleans up outdated language and makes the scholarships available to students attending charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature.

House

Today on the House Floor, HB 4851, allowing public and private schools in WV to employ security personnel, advanced to third reading with amendments pending and the right to amend the bill on third reading tomorrow.

The following bills advanced from first reading to second reading:

HB 4863, the Patriotic Access to Students Act.  This defines patriotic societies as any youth group listed in Title 36 of the US Code and allows them the opportunity to speak and recruit at public schools.

HB 5056, relating to substitute service personnel positions.

HB 5153, relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. This bill updates to reflect the HEPC oversees the scholarship and provides technical cleanup language to the code.

Com. Sub. for HB 5158, making technical corrections to the special education code.  This bill defines Local Educational Agency and makes technical corrections.

HB 5179, relating to the creation of “Jaycie’s Law.” This bill pertains to student parents. This bill provides for excused absences for student parents with time periods for natural births and C-section births and medical appointments.

Com. Sub. for HB 5200, requiring that school counselors serving students in preschool through the 12th grade participate in the School Counselors Conference at least once every two years.

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years experience in transportation or have one year to achieve certification as a bus operator for the director and other positions.

During the House Education Committee meeting, WVEA President Dale Lee gave a presentation on the results of the scientific WVEA member polling outlining issues in public education and potential solutions.  The report highlighted lack of respect, pay and discipline issues that are driving teachers out of the profession and leading to poor working and learning conditions in our schools. Delegates wanted specific examples of how student behavior issues are having such an impact on the classroom. This is where you come in. Share your experiences and let them know just how real the crisis is. You can find contact information for the House Education Committee here.

Friday, February 2, 2024 Day 24

Senate

The floor session was at 9:00 a.m. this morning and the following bills were on the calendar:

The Committee Substitute for SB 466, requiring state board of education develop Safety While Accessing Technology (SWAT) education program was on second reading this morning. This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology. Com. Sub. for SB 466 was advanced to third reading, and will be up for passage Monday.

The Committee Substitute for SB 504, relating to felony offense of sexual intercourse, intrusion, or contact with a student, along with clarifying that the offense applies to a student of any private or public elementary or secondary school was on first reading, and was advanced to second reading.

House

Committee Substitute for HB 4851, allowing public and private schools in West Virginia to employ security personnel was on first reading today. The training topics of this bill were debated for quite some time Wednesday before passing out of the House Judiciary Committee. HB 4851 will be on second reading Monday.

Throughout the legislative session, student behavior and discipline concerns have been brought up by WVEA leadership, but your personal stories and experiences are what legislators need to hear. Reach out and share your concerns today! Legislator contact information can be found here. Copy your emails to mail@wvea.org so WVEA can collect the member stories shared with legislators.

It’s Friday, so be on the lookout for your weekly Legislative Update email and video featuring WVEA President Dale Lee! Not receiving WVEA emails? Update your contact information here. Don’t forget to sign up for legislative text updates here!

Thursday, February 1, 2024 Day 23

Senate

The Senate Education Committee took up the following bills:

SB 507, relating to repeal of WV EDGE. The dual enrollment bill from last year (HB 2005) did away with the need for the program. The motion to report SB 507 to the floor with the recommendation it do pass was adopted.

SB 546, updating STEM scholarship program. The bill cleans up outdated language and makes the scholarships available to students attending charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature. The motion to report SB 546 to the floor with the recommendation it do pass was adopted.

During the Senate’s floor session, the Committee Substitute for SB 466, requiring state board of education develop Safety While Accessing Technology (SWAT) education program was on first reading and advances to second reading. This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology.

House

No actions to report on in the House today.

Wednesday, January 31, 2024 Day 22

House

Today on the House floor the following bills were up on third reading:

HB 4776, relating to adding elementary schools into school disciplinary measures.  The bill adds elementary schools to the discipline bill that passed last session, and passed 92-4 with 4 absent.

The Committee Substitute for HB 4830, addressing the professional development of teachers passed 96-0 with 4 absent.  This bill would amend annual required professional development such as suicide prevention from annual to every three years.

HB 4832, relating to state superintendent’s reports regarding the finances of school districts.  The bill requires an annual report of all county systems financial reports to be given to the Legislative Oversight Commission on Education Accountability (LOCEA), and passed 96-0 with 4 absent.

HB 4838, requiring county boards of education to provide long-term substitute teachers, upon hiring, with certain information.  This gives long-term substitutes access to 504 plans and IEPs, and passed 96-0-with 4 absent.

In House Education, the following bills were discussed:

HB 4305, relating to granting in-state resident status to economic development participants.  This allows for the children of company employees relocating in WV to receive in-state tuition at our colleges and universities.  The motion to report HB 4305 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.

HB 4375, providing programs to educate senior citizens. The bill provides community education programs for seniors.  The motion to report HB 4375 to the floor with the recommendation it do pass but first be reported to the committee on Finance was defeated.

HB 4863, the Patriotic Access to Students Act.  This defines patriotic societies as any youth group listed in Title 36 of the US Code and allows them the opportunity to speak and recruit at public schools.  The motion to report HB 4863 to the floor with the recommendation it do pass was adopted.

HB 4986, relating to computer science and cybersecurity instruction for adult learners.  This bill grants up to $300,000 to school districts for adult computer classes.  An amendment was adopted to state the superintendent “may seek to  provide grants if available” not “shall provide grants”. The motion to report HB 4986 as amended to the floor with the recommendation it do pass was adopted.

HB 5029, creating a tuition reimbursement program for Corrections employees.  The motion to report  HB 5029 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.  

HB 5078, including Salem University in programs wherein the PROMISE Scholarship is accepted.  A strike and insert amendment was adopted to place Salem University in the correct location in code. The motion to report HB 5078 as amended to the floor with the recommendation it do pass but first be reported to the committee on Finance was adopted.

HB 5158, making technical corrections to the special education code.  This bill defines Local Educational Agency and makes technical corrections.  A committee substitute was adopted to add clean up language. The motion to report the Committee Substitute for HB 5158 to the floor with the recommendation it do pass was adopted.

HB 5200, requiring that school counselors serving students in preschool through the 12th grade participate in the School Counselors Conference at least once every two years.  The counselors would receive staff development credit for the conference.  It also requires the Conference to have trainings on CTE options and post secondary employment opportunities.  A committee substitute was offered to require the conference to be help once every two years instead of annually and requires the Buildings and Trades training.  The committee substitute was adopted.  The motion to report the Committee Substitute to HB 5200 to the floor with the recommendation it do pass was adopted.

HB 5252, requiring certain minimum experience for the director or coordinator of services class title involving school transportation.  This bill requires 5 years experience in transportation or have one year to achieve certification as a bus operator for the director and other positions.  The motion to report HB 5252 to the floor with the recommendation it do pass was adopted.

HB 5262, relating generally to teacher’s bill of rights.  A Committee Substitute was offered to make the counselor language the same as the bill just passed.  It also sets the class limit for special education self contained classes and will provide additional pay for overages if the teacher agrees to a waiver on the class limit.  The Committee Substitute was adopted.  The motion to report the Committee Substitute to HB 5262 to the floor with the recommendation it do pass was adopted. 

HB 5289, to allow for the implementation of Plasma Games in WV public schools.  Plasma games are video games geared to STEM and CTE students.  A pilot would begin with 10 schools before full implementation.  The motion to report HB 5289 to the floor with the recommendation it do pass but first be reported to the committee on Finance was adopted. 

The House Judiciary passed Committee Substitute for HB 4851. The bill sets up a system for county boards to employee school security officers along with the standards and training for the officers. There were some questions regarding the right of these officers to detain students based on a “breach of the peace”. Breach of peace can be the threat of physical violence.  It can be based on the report to the officer from the teacher and the officer does not necessarily have to witness the breach themselves.  Legislation would provide allowances for the security officer to break up fights or even be invited into a classroom to deal with an unruly student. An amendment was offered to require parental consent for the officer to interrogate or detain a student without parent consent, unless there is an immediate danger to the health safety or welfare of those in the building.  The amendment was adopted.  The final amendment was adding and if the student detained is under the age of 21, the parent or guardian will be notified.  This amendment also was adopted.  The motion to report Com. Sub. for HB 4851 to the floor with the recommendation it do pass was adopted. 

Senate

Only one education bill was on the Senate’s calendar today. SB 487, requiring periodic review of professional development for teachers and education staff was on second reading passed 33-0 with 1 absent. The bill would require the State Board of Education to perform periodic reviews of PD for teachers and education staff to ensure training is truly essential, with the intent of allowing staff to focus on the classroom.

The Committee on School Choice met this afternoon and combined SB 531 and SB 598, relating to the Hope Scholarship Program and micro schools. This bill allows charter schools to charge Hope Scholarship students for classes. With no questions nor discussion, the motion to report SB 598 to the floor with the recommendation it do pass was adopted. 

The Judiciary Committee met at 3:00 with SB 504 on the agenda. This bill modifies felony offense of sexual misconduct of school employee or volunteer, and was still being discussed at press time. WVEA will update on this bill later.

Tuesday, January 30, 2024 Day 21

Senate

The following bills were on the Senate calendar today:

SB 189 providing for substantial deference to state school superintendent’s interpretations of school law was on third reading today and passed with a vote of 30-2 with 2 members absent. There was no debate.

SB 487 requiring periodic review of professional development for teachers and education staff was on second reading. No amendments were offered, and the bill advances to third reading. The bill would require the State Board of Education to perform periodic reviews of PD for teachers and education staff to ensure training is truly essential, with the intent of allowing staff to focus on the classroom.

Today in Senate Education, the West Virginia Department of Education presented survey results from a survey of 2,222 teachers taken in November of this school year.  This was a joint survey with the Legislature.  The topics were workload, professional development opportunities, support from administration, parent involvement and open ended questions.  The survey results reinforce the WVEA survey results that were presented last week.  Key findings were student behavior, compensation and benefits, and teacher burnout.

Also on Senate Education’s Agenda was the following bill:

A Committee Substitute for SB 466, requiring development of safety while accessing technology education program was discussed.  This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology.  The motion to adopt the Committee Substitute for SB 466 will be reported to the full Senate with the recommendation it do pass but first be referred to the Committee on Finance was adopted.

House

During the House floor session, HB 4860, providing that a general education teacher may not be responsible for accommodation logs passed by a vote of 90-7 with 3 members absent.  This bill states a general education teacher shall not be required to keep a daily accommodation log but must provide evidence of accommodations one each grading period.

The following bills were on second reading:

HB 4776, relating to adding elementary schools into school disciplinary measures.  The bill adds elementary schools to the discipline bill that passed last session.  The Committee on Education offered an amendment that provides the circumstances by which a preK-5 teacher may remove a student and requires a convening of the school discipline team for the student.  The amendment passed, and the Committee Substitute for HB 4776 advances to third reading.

The Committee Substitute for HB 4830, addressing the professional development of teachers.  This bill would amend annual required professional development such as suicide prevention from annual to every three years.  No amendments were offered and the bill advances to third reading.  

HB 4832, relating to state superintendent’s reports regarding the finances of school districts.  The bill requires an annual report of all county systems financial reports to be given to the Legislative Oversight Commission on Education Accountability (LOCEA).  No amendments were offered and the bill advances to third reading.

HB 4838, requiring county boards of education to provide long-term substitute teachers, upon hiring, with certain information.  This gives long-term substitutes access to 504 plans and IEPs.  No amendments were offered and the bill advances to third reading.

The House Rules Committee met this morning and placed HB 4777 on the inactive calendar. This bill would allow staff members in public schools to eat lunch for free if there is food left over after every student has been fed. Action on HB 4777 was postponed 3 consecutive days before being placed on the inactive calendar.

Monday, January 29, 2024 Day 20

Today was Farm Bureau Day at the Legislature, and FFA students from all over the state were in attendance in both chambers.

House

An FFA Student from Doddridge County presided over House introductions this morning.

HB 4860 providing that a general education teacher may not be responsible for accommodation logs, was on second reading and was amended on the floor. Delegate E. Pritt moved to amend the bill by inserting the word “daily” before “accommodation” and adding the following sentence: “The general education teacher shall only be responsible for acknowledging, at the end of each grading period, that each accommodation as required by the IEP has been met.” The amendment was adopted along with advancing the bill to third reading, making HB 4860 up for passage tomorrow.

The following bills were on first reading:

HB 4776 adding elementary schools into school disciplinary measures and advanced to second reading.

HB 4777 allowing staff members in public schools to eat lunch for free if there is food left over after every student has been fed, was postponed yet another day and will be on 1st reading again tomorrow.

Com. Sub. for HB 4830 addressing the professional development of teachers advanced to second reading.

HB 4832 relating to state superintendent’s reports regarding the finances of school districts was advanced to second reading.

HB 4838 requiring county boards of education to provide long-term substitute teachers, upon hiring, with certain information. The information pertains to IEPs and 504s and the bill was advanced to second reading.

The Committee on Education will meet this afternoon at 2:00 to take up the following bills:

HB 4945 relating generally to the Hope Scholarship Program. This bill establishes an appropriation calculation based on the estimated number of participating students instead of prior year students.  The estimate is based on the number of kindergarten students.  The ceiling would be a 5% increase in funding.  An amendment was offered by Delegate Pushkin to require the HOPE Scholarship funds be spent only to schools located in West Virginia.  The motion failed.  The motion to report HB 4945 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.                                                                                            

HB 5056 relating to substitute service personnel positions. This bill states a service personnel may substitute in a position outside their regular full-time position. The motion to report HB 5056 to the floor with the recommendation it do pass was adopted.

HB 5153 relating to revising, updating and streamlining the requirements governing the West Virginia Science, Technology, Engineering, and Mathematics Scholarship. This bill updates to reflect the HEPC oversees the scholarship and provides technical cleanup language to the code.  The motion to report HB 5153 to the floor with the recommendation it do pass was adopted.

HB 5179 relating to the creation of “Jaycie’s Law.” This bill pertains to student parents. This bill provides for excused absences for student parents with time periods for natural births and C-section births and medical appointments.  Delegate Pushkin offered an amendment in section 6 of the bill changing the “required” to “may” to refer to a crisis pregnancy center.  The motion passed.  Delegate Tully offered an amendment to provide at least 8 weeks of excused absences for any time of delivery.  The motion passed.  Delegate Tully offered another amendment to simplify the excused absence procedure.  The amendment passed.  The motion to report HB 5179 as amended to the floor with the recommendation it do pass was adopted.

Senate

On second reading today, the Senate advanced SB 189 giving substantial deference to the state superintendent of schools in legal interpretations to third reading with no amendments. The bill will be up for passage tomorrow.

On first reading, SB 487 providing for review of professional development for teachers and education staff, was advanced to second reading. The bill would require the State Board of Education to perform periodic reviews of PD for teachers and education staff to ensure training is truly essential, allowing staff to focus on the classroom.

There were no education bills in Senate Committee meetings to report on today, but Senate Education will meet tomorrow morning at 10:00 a.m.

Friday, January 26, 2024 Day 17

Senate

The Senate floor session included the following bills:

SB 189 providing for substantial deference to state school superintendent’s interpretations of school law. This substantial deference would apply to both the Public Employees Grievance Board and County Boards of Education. This bill passed through the Senate Judiciary Committee on Wednesday and was on first reading today. SB 189 advanced and will be on second reading Monday.

Committee Substitute for SB 468 requiring a course in public schools on human development was on second reading today, but was referred to the Rules Committee. This bill requires the Meet Baby Olivia video be shown in 8th grade with a refresher in 10th.

House

Today in the House Floor Session HB 4860, providing that a general education teacher may not be responsible for accommodation logs, advanced from 1st reading to 2nd reading.  Action on HB 4776, adding elementary schools into school disciplinary measures, and HB 4777, allowing staff members in public schools to eat lunch for free if there is food left over after every student has been fed, was postponed one day (again) and will be on 1st reading Monday, January 29.

It’s Friday, so look for your weekly WVEA Legislative Update email this afternoon! Not receiving WVEA emails? Let us know!

If you are concerned about any of the bills covered on Lobbyline, contact your legislators and speak out. As the session continues, things will start to pick up and move fast. Want to receive text alerts from WVEA on pressing legislative issues? Sign up here!

Thursday, January 25, 2024 Day 16

House

Today on the House Floor the following bills on First Reading were laid over for one day and retain their place on the agenda:

HB 4776 relating to adding elementary schools disciplinary measures. This bill was postponed yesterday as well.

HB 4777 Allowing staff members in public schools to eat lunch free if there is food left over after every students has been fed.

HB 4860 Providing that a general education teacher may not be responsible for accommodation logs. This bill was postponed yesterday as well.

Senate

The Senate floor session included the following bills:

SB 448 requiring age-appropriate instruction on the Holocaust in public schools was advanced to second reading on Tuesday and then was held over yesterday, keeping its place on the calendar, and then referred to Rules Committee today.

SB 468 requiring course in public schools on human development, was on first reading today and was advanced to second reading. This bill requires a specific video to be shown in 8th grade and a refresher in the 10th grade. Initially, the bill included 3rd grade, but the Senate Education Committee removed that portion. The animated video begins with the sperm fertilizing the egg, instructing that life begins then, and goes through the 9-month gestation period. It will be in the amendment stage tomorrow, and those concerned should reach out to their Senator today.

The Senate Education Committee met this morning and WVEA President Dale Lee gave a presentation on the results of the scientific WVEA member survey outlining issues in public education and potential solutions.  The report highlighted lack of respect, pay and discipline issues that are driving teachers out of the profession and leading to poor working and learning conditions in our schools.

The committee then advanced the following bills:

SB 487 requiring a periodic review of professional development.  WVEA has complained about the volume of required professional development for some time. 

SB 502 allowing teachers to sell unused sick days at the end of the year for 80% of “substitute pay with ten years of experience”. The bill was advanced to the Finance Committee.

SB 503 protecting belief-based student organizations from certain types of discrimination.  The bill was advanced to Judiciary committee.

Tomorrow’s floor session for the Senate will be at 9:00 a.m. instead of the normal 11:00 a.m. time.

The state task force on school discipline met Tuesday and Wednesday to discuss changes to West Virginia Board of Education Policy 4373, Expected Behavior in Safe and Productive Schools. Some changes explored so far include an extensive rewrite to inappropriate behavior levels and include specific examples at each level. The rewrite also adds eating disorders to the student protection list. Despite the positives, there are some concerning changes like a list of “alternatives to exclusion”. The policy will undergo more work by the committee before it is placed on the calendar and released for public comment.  WVEA will share any additional information provided.

Wednesday, January 24, 2024 Day 15 (Updated at 9:00 p.m.)

House

Today began in the House Chamber with the 8:30 a.m. public hearing on HB 4654. The bill would remove schools, museums, and public libraries from the exemption in code that protects these types of entities from prosecution for the distribution and display of obscene matter to a minor. Concerning is the definition of obscene (which is not in the bill) and striking of the language of “school, in the presentation of local or state-approved curriculum.” WVEA President Dale Lee shared these concerns when he spoke at the hearing.

On third reading during the floor session, the House passed HB 4769 with a 94-3-2 vote. This is the school counselor bill that clarifies appropriate and inappropriate duties along with providing the definition of a school counselor.

The two bills on first reading were postponed one day. Both were discussed and passed in the House Education Committee on Monday. Those bills are:

HB 4777 allowing staff members in public schools to eat lunch for free if there is food left over after every student has been fed.

HB 4860 providing that a general education teacher may not be responsible for accommodation logs.  This bill amends the code so that a general education teacher is not responsible for completing accommodation logs.

The House Finance Committee met today and Superintendent Blatt gave a WVDE budget presentation. Delegates questioned Superintendent Blatt about Safe Schools funding, Hope Scholarship, transportation funding, professional development funding, and expiring federal COVID money. Andy Neptune, the Executive Director of the School Building Authority also gave a presentation. He stated that 19 of the 27 counties requesting SBA money last year received a total of $111,000,000 in funding for their projects.

The House Education Committee met this afternoon to consider the following bills:

HB 4263 increases the pay grade of a cafeteria manager to classification from pay grade D to pay grade E beginning on July 1, 2024.

HB 4331 provides an optional lump sum payment of accrued personal leave to full-time employees of a county school board upon termination of full-time employment. The bill was advanced to the Finance Committee.

HB 4832 clarifies any school district that fails to report its finances to the state superintendent may be subject to a reduction of its state funding.

HB 4838 requires county boards of education to provide long-term substitute teachers with information about an IEP plan and 504 plan.

HB 4806 requires the use of public school bathrooms and multi-person common changing rooms by gender assigned at birth. It prohibits the usage of a designated room by a person of the opposite sex, with exceptions for family members, rendering medical or other assistance. The bill establishes penalties for violations. The committee substitute also allows for the opposite sex’s locker room to be used during sporting events.

An amendment to the committee substitute was offered to change “original” birth certificate to “current” birth certificate because there could be cases where an individual could be 18, have had a sex change, and still be in high school. The amendment was rejected. The committee substitute was advanced to the Judiciary Committee.

HB 4299 allows K-12 teachers, administrators, and support personnel to carry concealed firearms and be designated as school protection officers (SPO). Training through the Department of Homeland Security must be completed. The individual must have a valid concealed carry permit. The bill does provide funding for the SPO program. The program is not mandatory, but funding is available should a county decide to participate. Delegates in favor of the bill feel this would provide extra protection to schools. Opponents feel it could cause dangerous situations. The bill was advanced to the Judiciary Committee.

Senate

The Senate held SB 448 over for one day, keeping its place on the calendar. The bill requires age-appropriate instruction on the Holocaust in public schools and remains on second reading.

The Senate Committee on School Choice met this afternoon for a presentation on the Hope Scholarship. Amy Willard from the West Virginia State Treasurer’s Office testified that the agency has changed the rules to allow an unlimited application period.  Willard stated that five percent of Hope Scholarship state funding is currently going to out-of-state charter schools (over $300,000.00). Willard also stated her agency is constantly getting informed by the public schools that students receiving the Hope Scholarship have started attending public schools, but have not informed her agency.  In the 2022-2023 school year, 2,333 students completed the program. Nearly half of the applications last year were for PreK and Kindergarten.  The program’s total funds approved for student accounts was over 9 million dollars.  This is money that could have been spent to improve public schools. 

The Senate Judiciary Committee also met and discussed SB 189. This bill would provide for substantial deference to state school superintendent’s interpretations of school law. This substantial deference would apply to both the Public Employees Grievance Board and County Boards of Education. The bill passed in the Senate last year but died in the House. Senator Caputo pointed out there was nothing in the bill to prevent a Board of Education from seeking an opinion after a grievance has been filed to tilt the scales in favor of the employer. Both of his offered amendments failed and the bill passed out of committee.

In addition to covering actions under the dome, WVEA had members represent elementary, middle, and high school teachers this week at the WVDE task force meeting focused on student discipline. More info to follow.

If you are concerned about any of the bills covered on Lobbyline, contact your legislators and speak out. As the session continues, things will start to pick up and move fast. Want to receive text alerts from WVEA on pressing legislative issues? Sign up here!

Tuesday, January 23, 2024 Day 14

Senate

Today in Senate Education, Star Academy made a presentation of their middle school program for at risk students.  This a STEM based program for school districts where Star Academy trains the teachers in the school district.

After the presentation, the following bills were discussed:

A Committee Substitute for SB 302, authorizing child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse prevention.  This would provide age appropriate instruction in personal safety and child abuse in grades 3-6 and instruction in dating violence, etc. in grades 7-12.  The bill was amended to give the parents at least a one weeks notice to opt out.  The amendment passed.  Committee Substitute for SB 302 as amended was adopted and will be reported to the full Senate.

SB 468 requiring course in public schools on human development. This bill relates to pregnancy and human development and ultrasound videos.  A Committee Substitute was offered requiring the State Department to implement the standards and require the video be shown in grade 8 with a refresher in grade 10.  The Committee substitute also removed the language concerning the Attorney General and the ability to bring legal action against someone for failure to present the curriculum.  The Committee Substitute was adopted, and the Committee Substitute for SB 468 was adopted and will be reported to the full Senate with the recommendation it do pass.

SB 487 requiring periodic review of professional development for teachers and education staff.  This would require the state department to review staff development at least every 10 years.  The bill was laid over to the next meeting.

During the floor session, the following three bills were passed on third reading:

Com. Sub for SB 152 displaying official US motto in public schools. The Com. Sub. changed the bill from displaying the motto in all buildings to all classrooms. The bill passed with a 31-1-2 vote.

Com. Sub for SB 280 allowing teachers to discuss scientific theories. The Com. Sub. changed the wording from “teach intelligent design” to “discuss scientific theories”. The bill passed with a 31-2-1 vote.

Com. Sub. for SB 293 creating the Glucagon for Schools Act. The Com. Sub. added notifying the student’s health care provider of the administration of the glucagon to the post administering steps. The bill passed with a 33-0-1 vote.

House

On second reading in the House today was HB 4769 clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor. A floor amendment was adopted to remove outdated language referencing the Center for Professional Development because the agency no longer exists. HB 4769 will be up for passage tomorrow.

A reminder regarding the public hearing in the House chamber tomorrow morning at 8:30 regarding HB 4654, where WVEA will speak about concerns regarding the definition of obscene (which is not in the bill) and strikes the language of “school, in the presentation of local or state approved curriculum.”  WVEA will speak at the public hearing Wednesday.  The bill was removed from the Judiciary Committee agenda Monday pending the public hearing.

On first reading today was SB 448 requiring age-appropriate instruction on Holocaust in public schools. The bill advanced to second reading.

Monday, January 22, 2024 Day 13

Senate

The following three bills advanced from second reading to third today during the Senate’s floor session:

Com. Sub for SB 152 displaying official US motto in public schools. The Com. Sub. changed the bill from displaying the motto in all buildings to all classrooms.

Com. Sub for SB 280 allowing teachers to discuss scientific theories. The Com. Sub. changed the wording from “teach intelligent design” to “discuss scientific theories”.

Com. Sub. for SB 293 creating the Glucagon for Schools Act. The Com. Sub. added notifying the student’s health care provider of the administration of the glucagon to the post administering steps.

There were no Education related bills on Senate Committee agendas today.

House

Today in the House Floor Session, HB 4769 advanced from first reading to second reading.  The bill clarifies appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor.

The House also announced a public hearing for HB 4654 removing schools, museums and public libraries from the exemption in code that protects these types of entities from prosecution for distribution and display obscene matter to a minor.  The hearing will be Wednesday morning, January 24th at 8:30 AM.  Concerning is the definition of obscene (which is not in the bill) and strikes the language of “school, in the presentation of local or state approved curriculum.”  WVEA will speak at the public hearing Wednesday.  The bill was removed from the Judiciary Committee agenda pending the public hearing.

In House Education, the following bills were discussed:

HB 4372 increasing the 35 year limit on interval pay raised for teachers to 40 years.  This bill extends the experience pay schedule from 35 years to 40 years.  A committee amendment was proposed that would remove the cap altogether.  The amendment passed. The motion to report HB 4372 as amended to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted. 

HB 4776 adding elementary schools to the school disciplinary bill that was passed last year.  This allows a teacher to remove a disruptive student and the student cannot be put back in the classroom the remainder of the period.  Three (3) removals in a month requires the student be suspended.  A committee amendment was was offered to require a parent conference within 3 days of the removal.  An amendment to the committee amendment was offered to address exceptionalities for students with IEPs.  The amendment to the committee amendment was adopted.  The amendment as amended was passed.  The motion to report HB 4776 as amended to the floor with the recommendation it do pass was adopted.

HB 4777 allowing staff members in public schools to eat lunch for free if there is food left over after every student has been fed.  The motion to report HB 4777 to the floor with the recommendation it do pass was adopted.

HB 4851 to allow for public and private schools in West Virginia to employ security personnel.  This bill would allow school security officers to be employed and these officers could carry firearms under certain conditions.  A committee amendment was offered to make technical corrections and allowing the SSO the ability to detain individuals until law enforcement arrives.  The committee substitute passed.  The motion to report HB 4851 as amended to the floor with the recommendation it do pass but first be referred to the committee on Judiciary was adopted.

HB 4860 Providing that a general education teacher may not be responsible for accommodation logs.  This bill amends the code so that a general education teacher is not responsible for completing accommodation logs.  The motion to report HB 4860 to the floor with the recommendation it do pass was adopted.

Friday, January 19, 2024 Day 10

With the Governor declaring a state of emergency in all 55 counties, neither the House nor the Senate moved any bills during their floor sessions today. In the House, all bills on third, second and first reading were postponed for one day. In the Senate, President Blair declared the absence of a quorum. Both chambers are adjourned until 11:00 on Monday, January 22nd.

On Monday, Committee Substitute for HB 4302 will be on first reading in the House. This is a school counselor bill clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor.

Be on the lookout this afternoon for WVEA’s first Legislative Update email, and stay safe!

Thursday, January 18, 2024 Day 9

Senate

During the Senate’s first floor session today, the following bills were on first reading and were advanced to second reading:

Com. Sub for SB 152 displaying official US motto in public schools.

Com. Sub for SB 280 allowing teachers to discuss scientific theories. The Com. Sub. changed the wording from “teach intelligent design” to “discuss scientific theories”.

Com. Sub. for SB 293 creating the Glucagon for Schools Act.

The Senate Education Committee met this morning and passed 2 out of 3 bills on their agenda, while holding the third bill over for a future meeting. SB 466 requiring development of safety while accessing technology (SWAT) education program will be addressed at a future meeting because the committee plans to incorporate other tech safety bills, creating a Committee Substitute. The two bills that passed are:

SB 448 requiring age-appropriate instruction on Holocaust in public schools.

SB 259 requiring Higher Education Policy Commission to create and administer PROMISE Plus Program. The program would fund additional Promise Scholarship money to a select group of students meeting extra requirements in exchange for the student working in state equivalent to the number of years the scholarship was received.

House

There are no education related bills to report on from the House today.

WVEA’s first Legislative Update for the 2024 session will be sent out tomorrow afternoon.

Wednesday, January 17, 2024 Day 8 

House 

The following bills were reported today from the House Education Committee to the floor: 

SB280 allowing teachers in public schools to teach intelligent design. 

SB152 displaying official US motto in public schools. 

SB253 establishing minimum student enrollment for school aid formula passed in House Education yesterday, and was referred to House Finance today.

During committee meetings today, House Education discussed the following bills: 

HB 4202 raising the monthly salary for service personnel $670 per month.  The motion to pass the bill to the full House but first be referred to the Committee on Finance was adopted. 

HB 4763 raising the starting salary for teachers in WV to $44,000.  This will also be an across the board raise of $5,005 and will put salaries in the 50th percentile of our surrounding states.  The motion to pass the bill to the full House but first be referred to the Committee on Finance was adopted. 

HB 4769 clarifying appropriate and inappropriate duties for a school counselor.  An amendment was passed to clarify the language as is pertains to 504s.  The motion to report the bill as amended to the full House was adopted. 

HCR 24 requires the Joint Committee on Finance study the school aid formula and report their findings by the start of the 2025 Legislative Session.  The Concurrent Resolution was adopted and will be reported to the full House. 

Senate 

The Senate’s School Choice Committee met this afternoon and listened to a presentation by James Paul from the West Virginia Professional Charter School Board. Part of the presentation included a request for more state funding for both brick and mortar and virtual charter schools. Additional startup costs and increases in per student funding were requested. 

Tuesday, January 16, 2024 Day 6 

There were no education bills to report on from either floor session today. The Senate Education Committee adopted the following committee substitutes: 

SB280 allowing teachers in public schools to teach intelligent design. 

SB152 displaying official US motto in public schools. 

SB253 establishing minimum student enrollment for school aid formula.

During the Senate’s Health and Human Resources Committee meeting, the committee substitute for SB 293 allowing trained school personnel to administer Glucagon was adopted. All four bills passed the Senate last session, but died in the House. The committee substitutes were not available when Lobbyline was posted. 

Friday, January 12, 2024 Day 3 

Senate 

The following bills, all passing the Senate last year and dying in the final days, passed again: 

SB 143 creating the WV Guardian Program, which allows a county board of education to contract with an independent contractor who is an honorably discharged veteran, former state trooper, former deputy sheriff, or former federal law-enforcement officer as security on school grounds. The bill passed 32-0 with 2 absent. 

SB 144 requiring each county board to ensure that its meetings are open to the public through in-person attendance and broadcast live on its website. The bill passed 32-0 with 2 absent. 

SB 146 creating an adult education task force to consider funding for adult education learning centers. The bill passed 32-0 with 2 absent. 

SB 159 prohibiting persons convicted of certain crimes against minors from holding positions on boards of education passed. The bill passed 32-0 with 2 absent. 

SB 162 establishing the Summer Feeding for All Program, which allows schools to assist with the feeding of our students during the summer break. The bill passed 32-0 with 2 absent. 

SB 172 revising requirements of local school improvement councils. This will define the make-up of the parents on the improvement council and require the minutes of the meetings. The bill passed 32-0 with 2 absent. 

Thursday, January 11, 2024 Day 2 

Senate 

Today in the Senate, the following bills were advanced to third reading with no amendments offered: 

SB 144 requiring each county board to ensure that its meetings are open to the public through in-person attendance and broadcast live on its website. 

SB 146 creating an adult education task force. 

SB 159 prohibiting persons convicted of certain crimes against minors from holding positions on boards of education. 

SB 162 establishing the Summer Feeding for All Program, which allows schools to assist with the feeding of our students during the summer break. 

SB 172 revising requirements of local school improvement councils.  This will define the make-up of the parents on the improvement council and require the minutes of the meetings. Each of these bills passed the Senate overwhelmingly last session and died in the final days.  These bills will be up for adoption on Friday, January 12th. Also passing the Senate last session, but not advancing to third reading today was SB 152. The bill deals with displaying the official US motto in public schools and was referred to the Education Committee. WVEA will update any future movement. 

House 

There were no bills discussed during the House floor session today and no education related bills discussed in committees. 

State of the State Response Governor Justice delivered his final State of the State address to a joint session of the state House and Senate last night. As usual, the Governor’s speech was lacking in specifics or details and covered a multitude of topics. He did mention a proposed Child and Dependent Care Tax Credit for those struggling with daycare, which can be written off their taxes. He also mentioned $50 million to WV State University for a state agriculture lab, $150 million for the School Building Authority, $10 million for Communities in Schools, the desire to amend legislation passed last year regarding the student athlete transfer rule, $1.6 million to Fairmont State University for dual enrollment courses, $5 million in seed money for charter schools, the desire to totally eliminate taxes on social security benefits and a continued reduction in the state income tax. He will also propose a pay raise of 5% for teachers, service personnel, and all those employed in government. The governor indicated the pay raise will cover the PEIA premium increase and provide a little more money in employee’s pockets. WVEA President Dale Lee stated, “While the legislature continues to pass salary increases, the increases are not enough to keep pace with our surrounding states when it comes to pay. In the most recent rankings, West Virginia had dropped to 50th in pay. We are not able to attract or retain educators, which is why there continues to be an educator shortage.” As this is the second year of the current legislature, you will see many rollover bills being introduced in the opening week of the session. A ‘rollover’ bill is one that was introduced in last year’s session and was not passed. 

Wednesday, January 10, 2024 Day 1 

The West Virginia Legislature begins today, and Governor Justice will deliver his final State of the State address to a joint session of the state House and Senate this evening. Check tomorrow for a recap and an update on the day’s events.