2011 Legislative Session
As the first month of the 2011 session concludes, the pace is quickening under the gold dome. The final details of the special primary and general election for governor have been decided. The deadline for filing to run for office has expired and the ballot is final. There will be six candidates on the democratic ticket, eight on the republican ticket and two on the mountain party ticket for the primary election, scheduled for May 14. The general election will be held on October 4. Since the resolution of the gubernatorial election details, education legislation is beginning to move between the two chambers.
AFT-WV continues to press forward with our goal of improving education employee salaries. Our leaders and lobbyists are working tirelessly to transform the $800 one time bonus proposed by acting Governor Tomblin into a permanent, multi-year pay raise and remain encouraged by the positive feedback that many legislators have given us in discussions on this issue.
New developments at the Capitol include two resolutions related to education from the House. House Concurrent Resolution 83 originated in the House Education Committee in response to the continuing discussion of education expenditure efficiency audits. Additionally, the public attention surrounding the huge pay raise granted to the superintendent of Monongalia County Schools -just a few weeks after laying off 70 teachers and service personnel– also played a part in the creation of this resolution. HCR 83 calls for the efficiency audits to be conducted and the results to be reported back to the Legislature. HCR 83 now moves to the full House of Delegates for approval.
House Concurrent Resolution 84 also originated out of the House Education Committee and requests a study on the impact of policies and procedures affecting the measures available to schools to address poor attendance and the subsequent link to potential school dropouts. HCR 84 now advances to the full House for approval.
SB 255 has passed both chambers and awaits the signature of the governor. As soon as the bill is signed, the $55 million of federal stimulus money, known as the Education Jobs Fund, will be released to the county school boards for use for tutoring, summer school programs, etc. The funds can also be used to retain personnel to lower class size for our schools. AFT-WV has aggressively lobbied since the beginning of the legislative session for a swift passage of this bill, in hopes of assisting county boards in preventing layoffs of staff in their school systems.
HB 2556, which will reset the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post-retirement employment limit for critical need content areas, was finally passed out of the Senate Finance Committee. At press time, the bill is on second reading before the full Senate.
AFT-WV's bill to stop the infringement upon a teacher's planning period time for meetings or duties has finally been introduced in both houses and awaits action by the education committees of each chamber. HB 3035 and SB 467 both contain strong language to keep teachers from being forced to give up their planning time without their consent. Despite sharing the results of AFT-WV’s online survey on planning periods with legislators, the bill has not advanced due to concerns that there is no consensus on the bill by all the stakeholders. AFT-WV continues to work on this issue.
SB 374 has merged into SB 434. This bill calls for the reclassification of school service personnel positions in state law, modernizing the current classifications from 86 job titles down to 63. Additionally, the bill calls for a career ladder for school cooks, which is recommended by the federal Healthy Schools regulations. SB 434 has passed the Senate Education Committee and awaits action by the Senate Finance Committee.
HB 2757, calling for annual teacher evaluations, passed the House and was addressed in a Senate Education subcommittee this week. Additionally, HB 2757 will move the dates for RIF and transfer deadlines from February back to April, allowing county boards to have a better forecast of their staffing needs and to avoid unnecessary RIF and transfers. The bill was amended and goes before the full Senate Education Committee next week.
HB 3116 has passed the House and awaits action by the Senate Education Committee. This bill would tighten up language in law passed last year to allow schools that meet AYP to opt out of assessments not required by state or federal law. This bill simplifies the process and allows the school curriculum team to determine what assessments will be used in their school, as long as the school met AYP in the previous year. Assessments not required by state or federal law include techSteps, Acuity, ACT Explore, ACT Plan, Riverdeep and others. AFT-WV believes this bill is an excellent example of site-based empowerment for teachers!
SB 229 provides for student loan repayment assistance with the purpose of attracting and retaining certified math and science teachers in areas of critical need. Several legislators have indicated that they would like to incorporate other critical need content areas into this bill, as many counties are experiencing teacher shortages in multiple content areas. Currently, the bill caps the per teacher assistance at $2000 per year. SB 229 has passed the Senate Education Committee and still awaits action by the Senate Finance Committee.
SB 330 deals with a multitude of higher education issues, including the state’s role in monitoring tuition at West Virginia colleges and universities, pay levels for their staff members and the handling of investments. For Marshall’s faculty and classified employees, the bill may translate into some long-delayed pay increases. The bill sets deadlines in coming years for working toward fulfilling pay levels included in a state-determined salary schedule. The legislation also addresses two key concerns — accessibility to higher education and the graduation rates for those attending the state’s institutions. Both the state’s college-going rate and students’ completion rates have been issues that hamper not only individual achievement but also economic development. The Senate bill includes capping tuition increases to 5 percent annually for Marshall and WVU and 3 percent for all other state institutions. Any increases higher than those would require HEPC approval. The bill has passed the Senate Education Committee and awaits action by Senate Finance. It has been mentioned in subcommittees but no action has been taken.
SB 566 (sponsored by Senators McCabe, Wells, Foster, Palumbo and acting Senate President Kessler) was introduced on Monday, Feb. 21st to address the OPEB (Other Post Employment Benefits) liability issue. AFT-WV has major concerns with several portions of this bill, including a provision that would create a sliding scale for the employee’s share of PEIA premiums based on the total household income of plan participants. The bill awaits action in the Senate Judiciary Committee.
Also on Monday, HB 3171 advanced out of the House Education Committee. This bill would requite that 3 of the 18 required continuing education hours be devoted to training related to the Safe Schools Act. Topics would include bullying, intimidation, harassment and related content. The bill now moves to the Senate Finance Committee for action.
Going into the final few weeks of the 2011 legislative session, AFT-WV remains proactive and vigilant, looking to improve and enhance the working lives of education employees and the students they serve.