FISCAL NOTE

Date Requested: February 22, 2017
Time Requested: 01:10 PM
Agency: Education, WV State Board of
CBD Number: Version: Bill Number: Resolution Number:
1769 Introduced SB401
CBD Subject: Education (K12)


FUND(S):



Sources of Revenue:

Other Fund N/A

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The purpose of this bill is to permit a county board of education to base its employment decisions, transfers, reassignments, reducing the number of professional personnel, reductions in classroom teaching positions and reductions in the workforce on an individual’s qualifications. The bill sets forth the factors to be considered when determining an individual’s qualifications. Although it is anticipated that there would be an additional cost to the county boards of education related to the proposed legislation due to the participation of the faculty senates in the revised process, there is insufficient data available to estimate that cost.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2017
Increase/Decrease
(use"-")
2018
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


Although it is anticipated that there would be an additional cost to the county boards of education related to the proposed legislation due to the participation of the faculty senates in the revised process, there is insufficient data available to estimate that cost. See the technical defects noted below for further information.



Memorandum


The following technical defects were noted in the proposed legislation: We are unable to determine when the process outlined in §18A-4-7a(b) will occur for RIFs and transfers. Currently, notifications for RIFs and transfers occur on or before statutorily set time frames: • On or before April 3, 2017, the superintendent must provide written notice to professional and service employees who are being considered for transfer per West Virginia Code § 18A-2-7(a). • On or before May 1, 2017, a professional or service employee’s continuing contract may be terminated by a majority vote of the full membership of the board, to take effect at the close of the school year (RIF). West Virginia Code § 18A-2-2(c)(1)(A) - professionals; West Virginia Code § 18A-2-6 - service employees. If the faculty senate process and/or application of factors set forth in paragraph (b) is used to determine the qualifications of every person subject to transfer or RIF, we cannot determine how much additional time will be needed or how the county boards of education will compensate teachers for the time spent participating in the process. §18A-4-7a(s) requires county boards of education to compile an annual list of all professional personnel and their qualification by July 1. We assume that “qualifications” mean the information specified in paragraph (b). This list contains a significant amount of personal information, including past performance evaluations, that should not be made available to every professional personnel.



    Person submitting Fiscal Note: Brenda Freed
    Email Address: bfreed@k12.wv.us