After lengthy debate, the Senate completed legislative action on House Bill 206 Monday evening on an 18-16 vote.
Like previous versions of education reform bills from this Legislature, the bill includes a variety of changes to the education system including pay raises, charter schools, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for small or struggling counties.
This completed version of the legislation allows the initial establishment of up to three charter schools until 2023. After that, every three years there could potentially be three more. The State School Board would report to the Legislative Oversight Commission on Education Accountability (LOCEA) by Nov. 1, 2022 and every three years thereafter, on the status of the state's charter schools. LOCEA would report its findings and recommendations, if any, to the Legislature during its next regular session.
The bill now heads to the Governor's desk to await his signature to become law.
Following the passage of the education bill, the Senate passed 3 supplemental appropriation bills (Senate Bills 1056-1058) that fund the education bill.
The Senate has adjourned subject to the call of the President
The Senate quickly suspended the constitutional rules requiring a bill be read on three separate days to complete action on 14 supplemental and miscellaneous bills Monday evening.
House Bills 158-163, as well as 174 and 192 were referred to the Senate Education Committee. These are the individual education bills the House of Delegates passed last week.
The Senate took a 15 minute break prior to consideration of House Bill 206, the House's omnibus education bill.
Following hours of amendments and debate Wednesday evening, the House of Delegates passed House Bill 206 on a 51-47 vote.
During this three-day session, the House split into four education committees with House Bill 206 originating in House Select Committee on Education C. Senate Bill 1039, the Student Success Act, was referenced to this committee, but the committee instead took up the originating bill.
Like previous versions of education reform from this Legislature, House Bill 206 includes a variety of proposed changes to the education system, including pay raises, charter schools, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for small or struggling counties.
However, the bill marked several changes from Senate Bill 1039.
As passed out of House Select Committee on Education C, the bill capped charter schools at 10, providing charters to go into effect for the 2021 school year. Before applying to form a charter school, a group would have to have or have submitted an application for a 501(c)(3) tax-exempt status. Higher education institutions also could submit applications to form charter schools.
County school boards would then make the decision whether to approve the application except in cases where the state school board intervened in the school system’s operations or in cases where the county school board forwarded an application to the state school board.
The committee hosted a public hearing Wednesday morning on the bill and took up House Bill 206 in the afternoon session.
During amendment stage, 21 changes were considered, with 14 adopted into the bill.
The biggest change to the bill came from a floor amendment offered by Delegate Espinosa (R-Jefferson, 66) and adopted by the body.
The amendment would initially establish three pilot charter schools until 2023. After that, every three years, there could potentially be three more. The State School Board would report to the Legislative Oversight Commission on Education Accountability (LOCEA) by Nov. 1 2022, and every three years thereafter, on the status of the state's charter schools. LOCEA would report its findings and recommendations, if any, to the Legislature during its next regular session.
The bill now goes to the Senate for consideration.
The House has adjourned pending the call of the Chair.
The House convened Wednesday morning, passing 20 bills before taking up House Bill 206, an originating education bill, in the afternoon floor session.
In the morning floor session, the House passed the following bills:
The House Select Committee on Education Reform C will host a public hearing on a House education bill Tuesday at 8 a.m. in the House Chamber.
The House advanced House Bill 206 and other bills to third reading with right to amend. This is an originating bill that marked several changes from a bill that passed out of the Senate. An outline of some of the major changes can be viewed here.
The House passed 11 bills Monday:
The House advanced 11 other bills to third reading with right to amend:
H.B. 168- Establishing the West Virginia Equal Opportunity Education Scholarship program was taken up for immediate consideration and advanced to second reading.
The House is adjourned until 11 a.m Tuesday. The public hearing on H.B. 206 will take place at 8 a.m. Tuesday in the House Chamber and the House Committee on Rules will meet at 10:45 a.m. behind the House Chamber.
The House took up an originating education bill, which was advanced to second reading during Monday evening’s floor session.
Earlier Monday, the House Select Committee on Education Reform C advanced House Bill 206 in a 14-8 vote. The originating bill had several changes from the bill that passed out of the Senate. An outline of those major differences can be viewed here.
This bill would cap the number of charter schools at 10 and would provide charter schools to go into effect for the 2021 school year. County school boards would have to approve applications to form charter schools, except in situations where the state school board intervened in the operation of the school system or in cases where the county school board forwarded an application to the state school board.
The originating bill also removed a proposed new section regarding work stoppages and strikes.
The bill also added a proviso saying that increasing allowances for professional student support personnel may be made through public-private partnerships or contracts.
The House advanced House Bill 206 to second reading. The Select Committee on Education Reform C will host a public hearing Wednesday at 8 a.m. in the House Chamber regarding this bill.
These bills were advanced to third reading:
These bills were advanced to second reading:
These bills were referred to House Finance:
The House adopted H.C.R. 102- Desired Future for Public Education in West Virginia Interim Study.
The House will is adjourned until tomorrow at 1 p.m. House Finance will meet tomorrow at 9 a.m. in 460M and House Rules will meet tomorrow at 12:45 p.m. behind the House Chamber.
The House Finance Committee reported several supplemental appropriation bills to the House floor Monday.
These bills were passed out of committee:
A House education subcommittee advanced an originating education bill Monday.
Senate Bill 1039, the Student Success Act, was referenced to the House Subcommittee on Education C. The committee instead took up an originating bill and reported that bill to the House floor in a 14-8 vote.
When another subcommittee member asked why the House was originating the bill, Delegate Paul Espinosa, R-Jefferson, said, “We gauged the interest in 1039 or any changes members may have. It was the will of our caucus to have a fresh start. There were significant changes and the thinking of the education leadership team and members was to start anew.”
The originating bill had several differences from Senate Bill 1039. To see an outline of some of the major differences, visit here.
The originating bill would cap charter schools at 10 and would provide for charter schools to go into effect for the 2021 school year.
The originating bill would provide that before applying to form a charter school, a group would have to have or have submitted an application for a 501(c)(3) tax-exempt status. Higher education institutions also could submit applications to form charter schools.
County school boards would have to approve the applications. The state Board of Education would review an application if a charter contract is in a county where the state board has intervened in the operation of the school system and limited authority of the county board. It also could review applications in an instance where an application is approved by the county school board and the county board forwards that application to the state school board, requesting it to perform an authorizer function.
The bill does not include an appeal process for charter school applications.
The state school board would do up-front work on best practices, develop applications and contract forms and would provide training for applicants and authorizers. The bill also provides that preference may be given to the primary recruitment community, previous enrollment, and siblings. The bill also would provide that a lottery would not override previous attendance areas following any conversion to charter schools.
The originating bill removed a proposed new section regarding work stoppages and strikes.
The originating bill also added a proviso clarifying that increasing allowances for professional student support personnel may be made through public-private partnerships or contracts.
The originating bill replaced the tax credit under the Senate’s bill and would instead give a $200 increase to classroom teachers and librarians for supplies.
Some delegates expressed concerns regarding transportation and funding. Funding would follow students from a public school to a charter school if the student transferred.
The House subcommittee also reported House Concurrent Resolution 103 to the floor. HCR 103 is a study resolution, requesting the Joint Committee on Government and Finance to review the the Albert Yanni Programs of Excellence in Vocational-Technical Education.
These programs were created in 1989 to provide educational incentives for students and educators to achieve excellence in vocational-technical training.
HCR 103 would study these programs to determine their effectiveness and how they could be restructured or repealed.
The House reconvened the special session Monday morning, referring Senate education bills to committees.
Senate Bill 1039, establishing the Student Success Act, was referred to the House Select Committee on Education C, which meets at 10 a.m in House Education. The House referred Senate Bill 1040, the Education Savings Account Act, to the Select Committee on Education B, which meets at 10:30 a.m in House Government Organization.
The House took up for immediate consideration and read a first time House Bill 144, which establishes the West Virginia Business Ready Sites Program.
The House also introduced 57 bills Monday – House Bills 145-202.
The House will reconvene at 6 p.m.
The Senate passed the Student Success Act on an 18-15-1 vote, following a lengthy debate Monday morning. Following an hour recess, the Senate returned, suspended the constitutional rules requiring a bill be read on three separate days, and passed the Education Savings Account Act by the same vote.
The Student Success Act (SB1039) includes a variety of proposed changes to the public education system, including pay increases, charter schools under the purview of county and state boards of education, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for smaller county school systems, among other things.
On Sunday, the Senate amended the bill to withold pay and prevent extracurricular activities during a public school strike. The amendment also prevents superintendents from being able to close school during a work stoppage. The change codifies that strikes of this nature are illegal.
Education savings accounts (ESAs) allow parents to withdraw their children from public district or charter schools and receive a deposit of public funds into government-authorized savings accounts with restricted, but multiple, uses. The funds can cover private school tuition and fees, online learning programs, private tutoring, and other approved learning materials and programs.
Senate Bill 1040 does not have a limitation in overall number, total amount spent or a set type of student that could qualify, such as special needs.
The state Department of Education would make the money available to the state Treasurer, which would operate the program. If insufficient funding is available, priority would go to students whose applications were submitted first.
Parents could apply for an education savings account after July 1, 2020. The household income of applying families is not to exceed $150,000 a year. A parental review committee would be established to help the Treasurer oversee the use of the program.
The Senate adopted four amendments to the Student Success Act and advanced the bill to third reading during a Sunday afternoon floor session.
Senator Charlie Trump (R-Morgan, 15) successfully amended the bill. His change deals with the withholding of pay and preventing extracurricular activities during a public school strike. The amendment also prevents superintendents from being able to close school during a work stoppage. The change codifies that strikes of this nature are illegal.
Senator Ryan Weld (R-Brooke, 1) amended the bill to remove an institution of higher education from being a potential authorizer of charter schools, among other changes.
Senator Eric Tarr (R-Putnam, 4) amended the bill to allow county boards to establish an exceptional needs fund from surpluses for students who are likely to perform better outside of the public school setting.
Senator Patricia Rucker (R-Jefferson, 16) made a technical amendment to the bill.
An amendment by Senator Bill Hamilton, (R-Upshur, 11) to allow county voters to approve charter schools by referendum, was rejected.
The bill will be up for a vote on third reading in the Senate tomorrow.
Senate Bill 1040, Education Savings Account Act, was approved by the Rules Committee, read a first time, and will be on second reading tomorrow.
The Senate has adjourned until tomorrow, June 3, at 9 a.m.
The Senate reconvened the 1st Extraordinary session Saturday morning, introducing Senate Bill 1039, Establishing the Student Success Act, as well as several other bills.
The bill includes a variety of proposed changes to the public education system, including pay increases, charter schools under the purview of county and state boards of education, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for smaller county school systems, among other things.
The bill removes concepts that were controversial during the 2019 regular session, including education savings accounts, “paycheck protection” and a nonseverability clause.
Other changes made to the bill late Friday night included:
• Removing authority of county boards to increase their regular levy rate.
• Correcting language in the teacher-pupil ratio section to be consistent with the intent to not
change class sizes.
• Removing all of the strike/work stoppage language except for prohibiting extracurricular
activities on days school is closed due to a work stoppage or strike.
• Adding language to the Innovation in Education article providing that no waivers from state
board rules can be granted without the approval of the State Board.
• Allowing any accredited WV public institution of higher education to apply to convert or create a
charter school, but prohibits an institution of higher education from applying to itself or another
institution of higher education.
• Making several changes to provisions relating to the searchable budget database and website
such as adding language providing that the State Superintendent shall not be required to violate
FERPA; and providing that employee addresses are not to be made public or otherwise
displayed on the budget data website.
• Removing language providing that net enrollment does not include any adult charged tuition or
special fees beyond that required of the regular secondary vocational student.
A motion to suspend the constitutional rules requiring a bill be read on three separate days for SB1039 failed on a 18-15 vote. A 4/5 vote was needed to suspend the rules. Senate Bill 1039 will be on second reading on Sunday, June 2.
Senate Bill 1040, Education Savings Account Act, was also intoduced. A motion to take the bill up for immediate consideration failed. The bill will be on first reading tomorrow, June 2.
Finally, the Senate amended and passed House Bill 118, which relates to the use of post-criminal conduct in professional and occupational initial licensure decision making. The bill had passed earlier in the special session. Corrections were made today to avoid unintended consequences and get the legislation more in line with its intent. The bill now goes to the House of Delegates for consideration.
The Senate has adourned until tomorrow, June 2, at 2:00pm.
Gov. Jim Justice amended his proclamation for the First Extraordinary Session of 2019, adding a bill relating to the West Virginia Business Ready Sites Program.
The Senate is set to resume the special session Saturday at 10 a.m. The House is set to reconvene at 8:30 a.m. Monday, June 17.
The Senate will resume the First Extraordinary Session of 2019 at 10 a.m. Saturday, June 1.
House Speaker Roger Hanshaw, R-Clay, sent a letter Thursday to all delegates informing them that the House will resume the special session at 8:30 a.m. Monday, June 17.
The House split into four select education committees, with these committees consisting of 25 members. Nine bills were assigned to these select committees.
Gov. Jim Justice has signed 17 bills as of Thursday, including bills dedicating money to improve state roads and a bill allowing for “vertical integration,” which is intended to help the state’s medical cannabis program.
These are the bills:
Gov. Jim Justice has signed four bills that were passed during the special session.
Last week, the Legislature resumed its special session, passing 18 bills, before adjourning until further call of the House Speaker and Senate President. The Senate plans to reconvene Saturday.
On Tuesday, the governor signed four bills into law, including three bills directing money to improve state roads:
The West Virginia Legislature passed 18 bills Monday, including bills dedicating money to secondary road maintenance and legislation to help the state’s medical cannabis program.
The Legislature resumed its special session to fix bills that were vetoed by Gov. Jim Justice. The governor had 33 bills on his amended call. Both chambers adjourned until further call of the House Speaker and Senate president.
Three bills that completed legislation – House Bill 119, Senate Bill 1016, and Senate Bill 1019 — would direct an additional $88.5 million to improve state roads, with a significant amount going toward secondary road maintenance.
The Legislature also passed Senate Bill 1037, which would allow for vertical integration in the state’s medical cannabis program. The bill allows people or businesses to hold grower, processor and dispensary permits instead of limiting them to just one. The bill additionally said patient certificates may not be issued until July 1.
A list of completed legislation can be found here.
The House created four separate education committees comprised of 25 members each. Nine bills, including the proposed teacher and service personnel pay raise bill, were assigned to these select committees. These bills were:
A motion to take up for immediate consideration Senate Bill 1029, which would provide a pay raise for teachers and school service personnel, failed and the bill was sent to the Senate Education Committee. Six other education bills were referred to the Senate Education Committee:
A motion to suspend the constitutional rule requiring bills to be read on three separate days failed for House Bill 113, which would establish tax incentives for new businesses in opportunity zones. This bill was read a first time.
Bills advanced to second reading in the House were:
Wood County Delegate Chuck Little was sworn into office Monday.
Little, a republican representing the ninth district, replaces Delegate Ray Hollen, who resigned earlier this month.
In his career, Little served 14 years with the West Virginia State Police, served as a special investigator on the U.S. House of Representatives Government Reform and Oversight Committee, a special agent for the U.S. Treasury Department, an investigative consultant with Bowles Rice McDavid Graff and Love PLLC, and currently works as a chief investigative consultant for Bailey and Glasser LLP.
West Virginia Supreme Court Justice Tim Armstead administered the oath of office in Monday morning’s ceremony and House Speaker Roger Hanshaw, R-Clay, assisted.
The Joint Committee on Flooding heard updates on school construction in Nicholas and Kanawha counties and also heard updates on stream gauge installation.
Ben Ashley, director of architectural services at the School Building Authority told lawmakers that Kanawha County is tracking well, mentioning especially, Clendenin. He said Kanawha and Nicholas counties are nearing completion of FEMA’s mandated environmental assessments. Ashley said he is cautiously optimistic about the timeline.
Kanawha County completed the procurement, design and construction of portables. The environmental historical consultations of the historic review of Clendenin Elementary also has been completed, he said. The site justification process for both schools in Kanawha County also have been completed.
Clendenin Elementary is the farthest along in the process with the completion of FEMA’s internal legal review—which is part of a 50-day review window. This internal legal review is about to begin for Herbert Hoover High School.
Nicholas County received CEFP approval and school closure approval from the state Board of Education, he said. Ashley said the SBA is waiting on the status of submissions for Summersville, Glade Creek and the Cherry River sites. He said once that is approved, the 50-day review period starts.
Sue Chapman, director of finance for the School Building Authority, said $5,990,701 has been spent so far. In Kanawha County, $428,354 has been spent so far for demolition. In Nicholas County, $536,000 has been spent for demolition. The total amount spent in Kanawha County was 4,827,201 and $1,163,500 for Nicholas County.
Jeremy White, with the U.S. Geological Survey Virginia-West Virginia Water Science Center, updated lawmakers on stream gauge installation.
White told the committee that if gauges were in place in White Sulphur Springs during the 2016 floods, people could have subscribed to receive texts or emails when these gauges reached a defined threshold. The Department of Highways then could have started closing roads earlier. Adding a gauge at Howard Creek in White Sulphur Springs was part of the 2019 network expansion.
Gauges also provide historical data of flooding to help understand potential future flooding events.
White said there is a need for funding so the gauges can be maintained. Current funding for installation and equipment upgrades ends September 30. He said there are sensors for about 90 percent of the sites and there is minor reconnaissance left to do. The goal is to have all gauges installed by that deadline. However, if there is no funding after that deadline, he said all 39 newly-installed stream gauges will not be supported or maintained and data will not be transmitted.
He told lawmakers $800,000 is needed to continue operating and maintaining the network – about $430,000 going toward the existing network and $370,000 for the new network.
The USGS receives about 60 percent of federal dollars and 40 percent of its funding from the state. He told lawmakers that a short-term supplemental request is needed to shore up the project for the coming year but in the future, they need more stable funding.
About $765,000 was provided through the state budget surplus funding in October 2018 to the Division of Homeland Security and Emergency Management, which signed a joint funding agreement with the USGS. About $425,000 was contributed directly to the existing stream network.
About $390,000 went to upgrades and installing 39 sites with 31 sites part of the Division of Homeland Security and Emergency Management’s IFLOW network. The USGS matched about $340,000 with additional one-time funds for infrastructure improvements and equipment purchases.
The Joint Legislative Committee on Flooding met Tuesday, hearing from the State Auditor’s office and Maj. Gen. James Hoyer.
In the two-hour meeting, lawmakers heard updates on RISE and an audit examining Richwood's finances.
Steve Connolly, general counsel for the State Auditor’s office, presented findings from the audit. The report started out as an investigation into allegations of purchasing card misuse but it later turned into an 18-month examination of Richwood’s finances.
According to the audit, which was released last month, FEMA allocated $3.1 million to help in recovery efforts from the 2016 floods. However, the audit said, “the city’s recovery has been inhibited by personal greed, incompetence and a complete disregard of fiscal management.”
“Sadly, the City of Richwood now teeters on the brink of bankruptcy, and the primary beneficiaries of the monies appear to be only a few public officials and their family and friends,” the audit stated.
Connolly told the committee a large sum of FEMA funds did not go to its intended purpose. He said the town received $2,574,657 in funds through the public assistance grants program, $36,000 through hazard mitigation, and $512,544 in community disaster loans.
Of the $2.5 million for the public assistance grants, Connolly told the committee about $518,000 was transferred to the general operating funds, at which point it became untraceable. He told the committee more than $900,000 from FEMA funds for specific projects resulted in questionable expenditures or documentation.
The audit outlined several issues, including money requested to repair the city’s main water intake. The city received about $500,000 from FEMA to repair the intake. However, the city made a $400 temporary fix with PVC piping and re-directed FEMA money to pay city officials’ salaries and city debts, according to the audit. The audit stated the water intake has not been repaired and on one occasion, the entire city’s water system was shut down.
Other issues outlined in the audit included:
Connolly said former city officials were arrested following this audit. According to media reports, Cogar, Baber, former clerk Abigail McClung, and current Richwood Mayor Christine Drennen were arrested earlier this month.
The state Auditor’s office issued seven recommendations following the audit. Recommendations included for the Department of Military Affairs and Public Safety to evaluate how FEMA money is received and to institute better oversight of counties and municipalities that receive FEMA money.
Other recommendations included to establish a guidebook and mandate annual training for counties and municipalities on managing public money after an emergency.
Hoyer gave lawmakers a brief update on RISE. He told the committee that as of Tuesday, there are 498 cases, representing an increase of 33 cases from last year.
He said the reason for this increase is because the case management team goes back through and identifies additional individuals eligible.
So far, 50 homes have been completed and 83 are under contract management. He estimated by the end of June, 300 cases would be under the various stages under contract management.
Hoyer also answered questions about West Virginia’s return to HUD’s "slow spender" list for the state’s pace regarding its spending of the total grant award. Hoyer explained slow spender is determined by a three-month average of overall spending compared to the overall grant award.
Hoyer told the committee there were two main factors that contributed to West Virginia being placed back on that list—lengthy environmental processes and significant weather conditions during the winter months.
Hoyer said he is working with West Virginia University’s Law Institute and Marshall University's environmental center to help expedite and address environmental issues.
The Senate and House convened for the first Extraordinary Special Session of 2019 by Proclamation of Governor Justice.
Both the Senate and House adjourned until both the Senate President and Speaker of the House decide to return.