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Today in the Legislature

Monday, June 24, 2019 - 08:33 PM

Senate Completes Action on Education Reform Bill

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

 

 

 



Monday, June 24, 2019 - 06:40 PM

Senate Completes Action on 14 Bills, Send Two Back to House With Amendments

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.

The completed bills include: SB1027, House Bills 113, 144 and 146 as well as House Bills 148-157.

House Bills 132 and 193 were amended and sent back to the House.

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.



Wednesday, June 19, 2019 - 11:24 PM

House Passes Originating 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.

 



Wednesday, June 19, 2019 - 01:58 PM

House Passes 20 Bills Prior to Consideration of Education Bill

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:

  • H.B. 132- Supplementing and amending existing items of appropriations to the Department of Agriculture. 
  • H.B. 144- West Virginia Business Ready Sites Program. 
  • H.B. 146- Establishing and funding of substance use disorder treatment and recovery facilities. 
  • H.B. 148- Making a supplementary appropriation to the Executive, Governor's Office. 
  • H.B. 149- Making a supplementary appropriation to the Executive, Governor's Office, Civil Contingent Fund. 
  • H.B. 150- Making a supplementary appropriation to the Department of Revenue, Office of the Secretary, Home Rule Board Operations Fund. 
  • H.B. 151- Making a supplementary appropriation to the Department of Arts, Culture and History, Division of Culture and History, Lottery Education Fund.
  • H.B. 152- Making a supplementary appropriation by adding a new item and increasing the expenditure to the Department of Revenue, State Budget Office.  
  • H.B. 153- Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health, Central Office. 
  • H.B. 156- Making a supplementary appropriation to the Department of Environmental Protection, Division of Environmental Protection. 
  • H.B. 157- Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Homeland Security Emergency Management.  
  • H.B. 158- Improving education by requiring the state board to establish rules for student accountability regarding performance.
  • H.B. 159- Relating to information technology access for the blind and visually impaired.
  • H.B. 160- Ron Yost Personal Assistance Services Act.
  • H.B. 161- Removing or revising obsolete, outdated, antiquated, inoperative, surplus or superseded provisions of code related to the School Building Authority.
  • H.B. 162- Removing antiquated, redundant, or expired provisions of the code for the administration of education.
  • H.B. 163- Removing sections of code relating to administration of education.
  • H.B. 174- increasing and promoting school innovation and flexibility.
  • H.B. 192- Removing certain fees for teaching.
  • H.B. 193-Relating to a statewide school personnel job bank. 



Tuesday, June 18, 2019 - 03:34 PM

Public Hearing Scheduled for Tuesday on House Education Bill

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:

  • S.B. 1015- Supplemental appropriation to the Secretary of State, General Administrative Fees Account.
  • S.B. 1017- Supplemental appropriation to the Department of Arts, Culture, and History, Educational Broadcasting Authority.
  • S.B. 1020- Supplementing and amending Chapter 31, Acts of the Legislature, 2019, known as Budget Bill.
  • S.B. 1021- Decreasing existing appropriation and adding appropriation to Department of Veterans’ Assistance.
  • S.B. 1023- Supplementing, amending, increasing, and adding items of appropriations to Attorney General, Consolidated Federal Fund.
  • S.B. 1024- Supplemental appropriation to Department of Agriculture Capital Improvements Fund.
  • S.B. 1025- Supplemental appropriation to DHHR, Division of Human Services for fiscal year ending June 30, 2019.
  • S.B. 1027- Adding new items and increasing existing items to various accounts. This bill heads to the Senate to concur with amendments adopted in the House.
  • H.B. 113- Establishing tax incentives for new business activity in qualified opportunity zones.
  • H.B. 154- Making a supplementary appropriation to the Department of Transportation, Division of Highways.
  • H.B. 155- Supplementing, amending, and increasing an item from the State Road Fund to the Department of Transportation, Division of Highways.

 

The House advanced 11 other bills to third reading with right to amend:

  • H.B. 132- Supplementing and amending existing items of appropriations to the Department of Agriculture.
  • H.B. 134- Increasing annual salaries of public school teachers and school service personnel.
  • H.B. 144- West Virginia Business Ready Sites Program.
  • H.B. 146- Establishing and funding of substance use disorder treatment and recovery facilities.
  • H.B. 148- Making a supplementary appropriation to the Executive, Governor’s Office.
  • H.B. 149- Making a supplementary appropriation to the Executive, Governor’s Office, Civil Contingent Fund.
  • H.B. 150- Making a supplementary appropriation to the Department of Revenue, Office of the Secretary, Home Rule Board Operations Fund.
  • H.B. 151- Making a supplementary appropriation to the Department of Arts, Culture and History, Lottery Education Fund.
  • H.B. 152- Making a supplementary appropriation by adding a new item and increasing the expenditure to the Department of Revenue, State Budget Office.
  • H.B. 153- Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health, Central Office.
  • H.B. 156- Making a supplementary appropriation to the Department of Environmental Protection, Division of Environmental Protection.

 

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.



Monday, June 17, 2019 - 08:22 PM

House Advances Originating Education Bill, Schedules Public Hearing

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:

  • S.B. 1015- Supplemental appropriation to Secretary of State, General Administrative Fees Account.
  • S.B. 1017- Supplemental appropriation to Department of Arts, Culture, and History, Educational Broadcasting Authority. 
  • S.B. 1020- Supplementing and amending Chapter 31, Acts of the Legislature, 2019, known as Budget Bill.
  • S.B. 1021- Decreasing existing appropriation and adding appropriation to Department of Veterans' Assistance. 
  • S.B. 1023- Supplementing, amending, increasing, and adding items of appropriations to Attorney General, Consolidated Federal Fund. 
  • S.B. 1024- Supplemental appropriation to Department of Agriculture Capital Improvements Fund. 
  • S.B. 1025- Supplemental appropriation to DHHR, Division of Human Services for fiscal year ending June 30, 2019. 
  • S.B. 1027- Adding new items and increasing existing items to various accounts. 
  • S.B. 1038- Supplemental appropriation to DHHR, Division of Health’s Central Office.
  • H.B. 113-Establishing tax incentives for new business activity in qualified opportunity zones.

These bills were advanced to second reading:

  • H.B. 120- Supplemental appropriation to the Department of Transportation.
  • H.B. 132- Supplementing and amending existing items of appropriations to the Department of Agriculture. 
  • H.B. 134- Increasing annual salaries of public school teachers and school service personnel. 
  • H.B. 144- West Virginia Business Ready Sites Program. 
  • H.B. 146- Establishing and funding of substance use disorder treatment and recovery facilities. 
  • H.B. 148- Making a supplementary appropriation to the Executive, Governor's Office.  
  • H.B. 149- Making a supplementary appropriation to the Executive, Governor's Office, Civil Contingent Fund. 
  • H.B. 150- Making a supplementary appropriation to the Department of Revenue, Office of the Secretary, Home Rule Board Operations Fund. 
  • H.B. 151- Making a supplementary appropriation to the Department of Arts, Culture and History, Division of Culture and History, Lottery Education Fund. 
  • H.B. 152- Making a supplementary appropriation by adding a new item and increasing the expenditure to the Department of Revenue, State Budget Office.  
  • H.B. 153- Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health, Central Office. 
  • H.B. 156- Making a supplementary appropriation to the Department of Environmental Protection, Division of Environmental Protection. 
  • H.B. 157- Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Homeland Security Emergency Management.  
  • H.B. 158- Improving education by requiring the state board to establish rules for student accountability regarding performance.
  • H.B. 159- Relating to information technology access for the blind and visually impaired.
  • H.B. 160- Ron Yost Personal Assistance Services Act.
  • H.B. 161- Removing or revising obsolete, outdated, antiquated, inoperative, surplus or superseded provisions of code related to the School Building Authority.
  • H.B. 162- Removing antiquated, redundant, or expired provisions of the code for the administration of education.
  • H.B. 163- Removing sections of code relating to administration of education.
  • H.B. 174- increasing and promoting school innovation and flexibility.
  • H.B. 192- Removing certain fees for teaching.
  • H.B. 193-Relating to a statewide school personnel job bank.

These bills were referred to House Finance:

  • H.B. 167- Allowing a tax credit purpose for certain expenses paid by parent or legal guardian of students in providing private or home school.
  • H.B. 168- Establishing the West Virginia Equal Opportunity Education Scholarship program.
  • H.B. 171- Relating to tax exemptions for certain school supplies, school instructional materials, laptop and tablet computers, and sports equipment.
  • H.B. 173- Providing an annual cost-of-living increase for retired teachers and service personnel.

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.



Monday, June 17, 2019 - 06:01 PM

House Finance Reports Supplemental Appropriation Bills to House Floor

The House Finance Committee reported several supplemental appropriation bills to the House floor Monday.

These bills were passed out of committee:

  • H.B. 132- supplemental appropriation for the 2020 budget year, reducing $290,000 from the Department of Health and Human Resource’s Division of Health Central Office and appropriating that amount to the Department of Agriculture. This is a result of the passage of a Senate Bill that placed regulatory authority over milk products to the Department of Agriculture instead of the DHHR.
  • H.B. 146- establishing and funding of substance use disorder treatment and recovery facilities.
  • H.B. 148- supplemental appropriation taking $244,200 out of the unappropriated general revenue fund to settle issues arising from the Broadband Opportunities Program.
  • H.B. 149- supplemental appropriation adding a new item of appropriation in the general revenue to the Governor's Office, Civil Contingent Fund for the Milton Flood Wall. This bill would dedicate $8 million to the project, which would allow for the process of buying property and obtaining other rights to begin. The project has an estimated completion date of five years.
  • H.B. 150- a bill to appropriate $68,000 in special revenue spending authority to the Home Rule Board Operations Fund., which was created through a Senate bill passed during the regular session. The spending authority was left out in the creation of the board.
  • H.B. 151- a bill that would appropriate $70,000 to the Division of Culture and History, which includes money for historic preservation grants, competitive arts grants, and funding for Save the Music.
  • H.B. 152- a bill appropriating $1 million from the general revenue fund to the Department of Environmental Protection’s Division of Environmental Protection.
  • H.B. 153- supplemental appropriation directing $2 million to the Ryan Brown Addiction and Recovery Fund.
  • H.B. 157- a supplemental appropriation bill for the 2019 fiscal year which would dedicate $800,000 to the Department of Military Affairs and Public Safety to pay for stream gauges.

 



Monday, June 17, 2019 - 05:09 PM

Originating House Education Bill Reported to House Floor

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.



Monday, June 17, 2019 - 10:07 AM

House Reconvenes, Refers Student Success Act to Select Committee C

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.



Monday, June 03, 2019 - 04:22 PM

Senate Passes Student Success Act, ESAs.

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.



Sunday, June 02, 2019 - 05:19 PM

Senate Adopts Four Amendments to Student Success Act, Moves Bill to Third Reading

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.

 

 

 



Saturday, June 01, 2019 - 11:23 AM

Senate Introduces Student Success Act

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.

Senate Bill 1041 , WV Business Ready Sites Program, and Senate Bill 1042 , Special Community Development School Pilot Program, were introduced and referred to committee.

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.

 

 

   

›› Senate bills introduced on this date



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