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Legislative Update: Feb 25, 2011

   Moving into the final two weeks, the pace at the legislature is starting to become frenzied. AFT-WV has received a number of emails concerning the governor’s proposal to loan money from the Public Employee Retiree System (PERS) to fund the completion of the Route 35 road construction project in Putnam and Mason counties. Some teachers mistakenly thought the proposal involved their retirement system. The governor’s proposal does not involve the Teachers Retirement System, or TRS. The public employee and teachers retirement systems are completely different entities.
   We are making progress with our goal 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. On Thursday, HB 2879 passed out of the House Finance Committee. This originally was the governor’s one time bonus proposal, but was amended to call for a multi-year increase for teachers and school service personnel. The bill calls for an $900 salary increase for teachers and $500 for service personnel for the next two years . This would be a permanent increase each year, and not a one time bonus. The bill also includes a 2 percent increase for public employees, to be capped at $1200 and plans to place it in next year’s budget. AFT-WV is very appreciative of House Finance Committee Chair Harry Keith White (Mingo County) for placing the bill on the agenda and advocating for a permanent, multi-year pay increase. The bill now moves to the full House for action.
   SB 566 is a bill to address the OPEB (Other Post Employment Benefits) liability issue. AFT-WV voiced concerns with several portions of this bill. It calls for retiree benefit reductions as well as a large increase in the cigarette tax to pay for OPEB costs. However, the bill would remove the OPEB burden from the county boards of education (for employees funded under the school-aid formula) and assign ownership of the liability to the state, thereby freeing up county budgets. AFT-WV suggested many amendments to the bill, some of which were added in the Senate Judiciary Committee. However, some troublesome amendments were also added in that committee. Therefore, we are opposed to this bill in its current form, but will continue to work to improve it in hopes of getting the OPEB liability issue resolved.
   House Concurrent Resolution 83 calls for the efficiency audits to be conducted and the results to be reported back to the Legislature. HCR 83 awaits approval from the full House of Delegates.
House Concurrent Resolution 84 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 awaits approval from the full House of Delegates.
   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.
   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, has passed both chambers and is on the governor’s desk awaiting his signature.
   AFT-WV's bill to stop the infringement upon a teacher's planning period time for meetings or duties was passed in the Senate Education Committee. SB 467 contains strong language to keep teachers from being forced to give up their planning time without their consent. AFT-WV would like to thank the Senate Education Committee for advancing the bill. Additionally, we want to thank Senate Education Chair Bob Plymale (Wayne County) for putting the item on the agenda, as well as Senator Greg Tucker (Nicholas County) and Senator Bob Beach (Monongalia County), both of whom advocated for the passage of the bill during the committee discussion. The bill now moves to the full Senate for action.
   SB 434 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 awaits action by the Senate Finance Committee.
   Committee Sub. For HB 2757, calling for some form of annual evaluation for all teachers, passed the Senate Education Committee and was addressed in a Senate Education subcommittee this week. Additionally, Comm. Sub. For 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 now awaits action by the Senate Finance Committee.
   HB 3116 has passed the House and still 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. AFT-WV is working 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. 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 is on second reading before the full Senate.
   HB 3171 would require 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 awaits action by the Senate Finance Committee.
   With only two weeks to go in the 2011 Legislative Session, AFT-WV remains optimistic that positive gains will be realized for education employees in West Virginia and the students they serve.