Board Cancels Meeting On In-Person Schooling Penalties As Teacher Unions Continue Push-Back On Ruling

The West Virginia Board of Education canceled a meeting that was scheduled Tuesday morning to address counties that did not initially comply with a ruling to return to in-person learning.

The meeting was scheduled to address counties that voted to remain in remote-only instruction. But last week, Gilmer, Taylor and Marion agreed to offer an in-person option — making them the last of the state’s 55 counties to comply with the state board’s demands.

State school board President Miller Hall said in a press release that he was pleased all counties were now back in buildings, and he said mitigation efforts, such as mask-wearing and social distancing, to combat the spread of COVID-19, would continue.

“We know more about this virus than we did when schools moved to remote learning in March 2020,” Hall said in the press release. “And when we are diligent to follow the key mitigations such as mask-wearing, we know our children are safe in our schools.”

Health officials say children under age 15 do not transmit or become infected with the coronavirus at the same rate as adults.

The Centers for Disease Control and Prevention (CDC) have recently reported that spread of the coronavirus in schools where mitigation efforts are being followed is very low.

Members of the state BOE and the West Virginia Department of Education say they continue to work closely with state health officials to monitor the health and safety of West Virginia schools and the needs of students.

Superintendent of Schools Clayton Burch said the lack of in-person instruction, school support and daily structured activities are disruptive to learning and are harmful to the most vulnerable children.

“As the state superintendent, I cannot single-handedly erase the impact of the many adverse childhood experiences facing these children,” Burch said. “However, together with the state board, we can make sure our school doors are open to those children relying on the consistent and undeniable benefit of in-person instruction.”

At an emergency meeting last week, state board members considered the remaining three counties that still had not opened physical schools. At that meeting, members were presented with possible penalties they could impose if counties did not offer an in-person option, such as withholding state aid or bringing legal action against a county. Board members did not vote on penalties, instead opting to allow the remaining counties to come up with a solution by Jan. 26 that would put those counties in line with the mandate passed by the state board on Jan. 13.

Under that ruling, schools are no longer allowed to offer fully remote learning for pre-K through 8th grade — regardless of the county’s color on the state’s coronavirus map. High schools are encouraged to attend in-person as well, but only if a county is not labeled red on the map.

West Virginia’s two largest teacher unions, the West Virginia Education Association and the American Federation of Teachers-West Virginia, are urging judges to slow or halt reopening more classrooms — demanding that school workers be given the second dose of the coronavirus vaccine before being forced to return to in-person instruction.

A hearing regarding the injunctions began Tuesday at 1:30 p.m.

The West Virginia Board of Education will meet again for its regular session on Feb. 10, 2021 in Charleston.

All W.Va. Counties Now Offer Some In-Person Instruction As Teacher Unions Prepare For Legal Fight

The last county school systems in West Virginia that did not implement in-person instruction have accepted a mandate passed by the state Board of Education.

The ruling requires some in-person instruction for grades K-8 regardless of the color on the state’s COVID-19 risk map.

All 55 county school systems are now offering some in-person classes. In some places, school might be held in brick-and-mortar buildings a full five days a week, but in others, some have shortened days, and some are blended — alternating between in-person and remote throughout the week.

Fully remote learning is no longer permitted for students in kindergarten through middle school, and high schools are only allowed to be remote when a county is red on the state’s coronavirus map.

Gilmer, Taylor and Marion counties were the last to follow the state’s mandate. The week began with seven counties opting to stay fully remote.

On Thursday, Gilmer and Taylor county boards of education held emergency meetings to reconsider the state BOE’s ruling, and on Friday, Marion County did the same.

Marion County Superintendent Randall Farley had recommended a return to full, in-person instruction following the state board’s ruling on Jan. 13, but the Marion school board opted to keep all students remote whenever a county is orange or red, which is what the state followed in the fall.

Farley urged board members once again on Friday to follow the state’s recommendation for the spring.

“The second semester registration shows that 69 percent [of families] are choosing the in-person learning option, and 31 percent are choosing a virtual or distance learning option,” Farley said. “Those percentages have remained consistent and constant throughout all offerings of in-person learning — from the get go.”

Some board members, while agreeing students should be in school and ultimately voted in favor of that, said they felt “strong-armed” by the state board. Superintendent Clayton Burch argued against their characterization.

“I wouldn’t call it strong-arming,” Burch said. “I would call it following the [state] constitution and advocating for children’s rights, and that right is the ability to have an in-person instruction [option].”

Gov. Jim Justice said during a press briefing Thursday that he wants children to return to school to offset learning loss and protect students’ social-emotional health. Health officials say the spread of COVID-19 among children age 15 and younger is minimal.

Meanwhile, West Virginia’s two largest teacher unions, the American Federation of Teachers-West Virginia chapter and the West Virginia Education Association, are asking judges to halt or slow down the governor’s push to reopen more classrooms during the pandemic. They are demanding that education workers be given the second dose of the coronavirus vaccine before being forced to return to in-person learning.

“We don’t know everything there is to know about COVID-19 at this point,” said Dale Lee, president of the West Virginia Education Association in Friday’s meeting with the Marion County Board of Education. “Why would you put the safety of your educators, your students and everyone’s family at risk?”

Other union members said it was “ludicrous” to think that COVID-19 wasn’t spreading in K-8. They also pointed to the new strain of the virus that has turned up in certain states. Health experts say the new strain, while not more deadly than the original strain of COVID-19, is at least 50 percent more contagious.

By the end of the meeting, however, board members voted to concur with the state school board’s mandate.

Virtual schooling is still available to all 55 counties and all grade levels. Virtual is different from remote, especially at the local level, according to the West Virginia Department of Education, in that virtual often mirrors a real classroom held over video conference with a local teacher. But this is not true for the state’s virtual option, West Virginia Virtual School, which is asynchronous and with teachers from out-of-state.

Some local teachers have argued to keep remote learning, because they have adapted their remote model to mirror that of a virtual option, where they provide instruction in real time over Zoom or Microsoft Teams.

Starting Monday, Jan. 25, all 55 counties will be back to some form of in-person schooling.

All schools, both public and private, are required to follow COVID-19 mitigation efforts, such as mask-wearing, hand-washing and social distancing.

7 County School Systems Remain Remote As Teacher Union Prepares Injunction

Seven county school systems in West Virginia opted to keep their students fully remote and virtual this week after the West Virginia Board of Education ruled that all counties should return to mostly in-person instruction.

Berkeley, Gilmer, Harrison, Jefferson, Marion, Monongalia and Taylor County schools chose to keep their students home this week for remote learning.

Gov. Jim Justice, in his latest virtual press briefing, praised the other 48 counties that sent students back to school in-person.

“Many of our superintendents have reported so far today that the first day back to school is going smoothly,” Justice said on Tuesday. “And they are really excited to have their children back and everything, so that’s great stuff.”

Some counties, including Jefferson, are remaining virtual until all teachers and school service personnel can be fully vaccinated against the coronavirus. Jefferson has said it plans to resume in-person teaching on March 1. Other counties, such as Taylor and Harrison, are waiting to see how vaccine rollout goes and will reevaluate after a couple weeks or less.

West Virginia Superintendent of Schools Clayton Burch informed West Virginia Board of Education President Miller Hall in a letter on Monday of the counties that chose to remain remote this week.

“I am submitting this letter to report the county boards of education that have not taken action to provide an in-person learning option for all students the week of Jan. 19, 2021, which the WVBE required,” Burch wrote. “It is my understanding several boards are meeting in the coming days to discuss further options or have published dates to return to in-person instruction beyond the date specified in the WVBE action.”

Burch also notified the WVBE that as of this week, 17 counties have chosen to provide four-to-five days of in-person instruction for families, and 31 counties have opted to begin with a blended model of at least two days of in-person learning each week.

The state school board voted unanimously last week to require pre-K through 8th grade to return to full, in-person school regardless of a county’s color on the state’s coronavirus map, which tracks coronavirus spread. High schools are also encouraged to return to in-person learning unless a county is marked red on the map. Some counties have opted to resume under a blended model of instruction — some remote and some in-person.

In the WVBE’s ruling, officials also said that county school boards and county superintendents have the ultimate authority to work with their local health departments and decide what’s best for their districts.

State education leaders and the governor have held fast, however, and continue to push for children to be back in school for in-person instruction.

“A third of our kids are failing core classes,” Justice said on Tuesday. “The remote stuff doesn’t work or is not working very well, and so with all that, we have to get them back in school. And the transmission rate, we know, by all the science, is almost zero [for children under age 15]. Now, we can’t make it zero. We can’t make it perfect … but absolutely, all the science tells us to go back to school.”

The American Federation of Teachers-West Virginia announced last week they would file an injunction sometime early this week against the state Board of Education, the Department of Education, and certain county boards of education for requiring counties to resume in-person learning. The union said the reason is “to protect the health and safety of school employees.”

A spokesperson with AFT-WV told West Virginia Public Broadcasting that the organization is finalizing details with its attorney and would be officially filing the injunction by the end of the day Tuesday or Wednesday this week.

Additionally, AFT-WV has indicated it will file an amicus brief in support of any county board of education that continues with remote-only learning until teachers and staff can be fully vaccinated.

The governor indicated in his latest press briefing that about 50,000 children in West Virginia remain in virtual school for the spring semester.

According to the West Virginia Department of Education, virtual is different from remote learning in that virtual is often a real-time, video conference with local teachers and classmates. However, this varies. The WVDE offers the West Virginia Virtual School to all 55 counties, which is asynchronous, and the teachers are often located out-of-state. Some West Virginia counties offer a local, virtual option, such as Jefferson Virtual Academy in Jefferson County, which is five days a week, real-time instruction over a video platform with a local teacher from a student’s school.

Remote learning, as defined by the WVDE, is often self-paced without face-to-face instruction. Some West Virginia teachers have argued, however, this is not always the case and varies per county or even per classroom.

All 55 county school systems and all grade levels still have access to a virtual school option, according to the WVDE, whether that’s the state’s West Virginia Virtual School, a local option or both.

**Editor’s Note: This article was edited on Jan. 20, 2021 to clarify the differences between virtual and remote learning.

Some School Districts Say They Won’t Return To In-Person Classes Next Week, Awaiting Full Vaccinations

West Virginia’s pre-K through 12th grade students are set to resume in-person school next week. But some counties are opting to remain virtual until teachers can be fully vaccinated against the coronavirus.

Among those are Berkeley and Jefferson County schools, which plan to remain in virtual and remote-style-only learning models until all teachers and school service personnel can receive the required two doses of a coronavirus vaccine.

Jefferson County Schools announced Thursday in an emergency meeting that students will not be in physical classrooms again until March 1.

“While we all agree that most students learn best in a physical classroom with a trained and caring teacher, we cannot put that ahead of safety,” Jefferson County Schools said in a statement. “Based on the latest information from the Jefferson County Health Department, as well as feedback from JCS staff, the Jefferson County Board of Education determined that remote learning was the best way forward right now. They plan to revisit the decision regularly should any current conditions surrounding the COVID-19 pandemic change.”

Following an executive order issued by the governor on Monday, the West Virginia Board of Education ruled on Wednesday that pre-K through 8th grade would no longer be allowed to offer full, remote learning. This option remains, however, for high school as long as high schools attempt a blended model of instruction — where students spend some days a week in a physical classroom and the others at home.

Still, high schools are also encouraged to be fully in-person, unless a county is red on the state’s coronavirus map.

 

Virtual school, which is different from remote, is still available in all 55 counties and for all grade levels.

The state school board also ruled that county superintendents and county boards have the ultimate authority to work with their local health departments to determine what’s best for their districts.

But Gov. Jim Justice made it clear in his Friday afternoon virtual press briefing that he did not think the path being taken by Jefferson and Berkeley counties was the right one.

“I think, without question, they ought to be back in school,” Justice said. “But I think that it’s going to be completely up to them.”

The governor’s coronavirus health team has said that children under age 15 do not transmit the virus at the same rate as children who are high school-age or adults. Justice again pointed this out in his press briefing.

“All the health experts, all the scientific research says that the transmission possibilities from 8th grade down is next to nothing,” Justice said. “If we don’t go to school, then our kids are failing, our special needs kids need us. Without any question whatsoever, we have all kinds of abuse and situations that we can, we can really help our kids if we’re in school.”

Following the state Board of Education’s ruling to require in-person learning for pre-K through 8th grade, on Thursday, the American Federation of Teachers-West Virginia announced it plans to file an injunction against the state Board of Education, the Department of Education, and certain county boards of education early next week.

The reason is “to protect the health and safety of school employees” from the coronavirus, the union said.

The AFT-WV applauded school districts that have already chosen to remain with remote and virtual learning. The union is urging more districts to follow this example and remain fully remote until all teachers can receive both doses of a coronavirus vaccine.

The governor said in response to the move by AFT-WV that if “unions are pressuring weak board of education members” and they decide not to have in-person schooling, then those local school boards will “have to deal with consequences from the [state] Board of Education.”

Local Education Unions Claim Higher Numbers Of Coronavirus Cases In W.Va. Schools

A coalition of education union members from across the state claim that COVID-19 cases in West Virginia public schools are higher than what is being reported by the state Department of Education.

Members of the West Virginia United Caucus, which includes the state chapter of the American Federation of Teachers, the West Virginia Education Association, and the West Virginia School Service Personnel Association, held a press conference Tuesday night over Zoom and Facebook Live to release numbers from their Covid Tracking.

The group claims that since schools opened Sept. 8, there have been at least 149 cases of the coronavirus in West Virginia schools from 41 counties.

This is in contrast with the West Virginia Department of Education’s COVID-19 outbreak map that, at this time, lists 26 cases in seven counties.

State officials say outbreaks are defined as two or more confirmed COVID-19 cases among students and staff from separate households, within a 14-day period in a single classroom or core group.

But members of the West Virginia United Caucus take issue with these specifications, arguing the coronavirus could easily pass from one group to another if, for example, separate groups share a school bathroom.

Jay O’Neal, a Kanawha County teacher and member of the caucus, said the group made their own covid tracker to allow teachers and service personnel to anonymously report cases in case there were any concerns about retaliation.

“We’re very concerned,” O’Neal said. “We’d like to see a lot more transparency and some real actions to have some metrics that are objective and that really kind of reflect reality.”

O’Neal said the caucus vetted any reported cases, checking news sites or confirming with principals or boards of education.

In a recent virtual press briefing, Gov. Jim Justice was asked about the numbers provided by the West Virginia United Caucus. Justice said he didn’t know about the tracker and insisted that state officials are “working around the clock” to ensure the information they share is accurate and honest.

“I’m absolutely capable of making a mistake, but I am not capable of not telling you the truth,” Justice said. “So, I’m going to make sure the information that’s reported to people is truthful and transparent. And I hope to goodness that we won’t get parents acting upon rumors … I really believe that the results we’re putting out are transparent and on the money.”

Also, on Tuesday evening, West Virginia Education Association President Dale Lee, released a statement saying the continued changes to the COVID-19 color-coded school map “go too far.” The statement went on to say the WVEA will be seeking an injunction.

“In the next few days our attorneys will be filing an injunction in Kanawha County Circuit Court challenging the continued changes made to the map and whether it has compromised the safety of the students and employees in our public schools,” Lee said. “Our injunction seeks to return the state’s color-coded map to reflect the intent of those national experts regarding the health and safety of our students and employees.”

The governor also responded to this move by the WVEA in a recent press briefing.

“I appreciate and respect people’s legitimate concern,” Justice said. “Now, I do not have any patience whatsoever with their political motives, and if that’s what this is, then I have no patience with that whatsoever.”

A Breakdown In COVID-19 Relief Funding For W.Va. Schools

When Congress passed the CARES Act earlier this summer to help Americans navigate the toll from the coronavirus pandemic, West Virginia received more than $1 billion.

Of that figure, $86.6 million was put into a fund called the Elementary and Secondary School Emergency Relief Fund (ESSERF). That fund was spent two ways: $78 million was dispersed to all 55 county school districts, divvied up based on the number of low-income students in each district. And $8.6 million was withheld by the West Virginia Department of Education to be used for emergencies related to COVID-19.

In the weeks leading up to schools reopening, the West Virginia chapter of the American Federation of Teachers and other groups have criticized state officials’ handling of school reopening and voiced concerns that schools across the state have not received enough personal protective equipment (PPE) and other resources to combat the virus.

This week, the West Virginia Board of Education held its first meeting since schools in the state reopened for the 2020-2021 school year. Fred Albert, president of the AFT-WV, again addressed these concerns.

“I know it’s not been easy,” Albert said. “We’re still getting calls every day from concerned parents and concerned teachers, concerned service personnel that they don’t feel quite equipped.”

Albert brought up technology and connectivity issues, teacher vacancies and concerns about the safety of some of the cleaning products being used at schools.

Melanie Perkey, executive director of the Office of Federal Programs under the WVDE, addressed some of his concerns, sharing with board members a breakdown about some additional re-entry dollars for West Virginia’s school districts.

The WVDE took the withheld $8.6 million from the CARES Act and combined it with state funds from school-related activities that were canceled due to the coronavirus – totaling an additional $12.5 million that was awarded to 48 county school districts across the state.

“We conducted a competitive grant process where counties could apply for special projects that they wanted to do related to their COVID-19 response,” Perkey told board members. “And they had to apply in three areas of priority.”

Those areas included social and emotional needs, technology, and achievement gaps.

“More than half of the funding was spent on technology for remote learning,” Perkey said, speaking to the original ESSERF appropriation. “[Schools] purchased devices. They purchased software for learning management systems, and that type of thing. [The funding] could be used for sanitation, cleaning, training of staff, food preparation.”

Now, with the additional $12.5 million, Perkey said they are seeing the majority of counties use this funding on technology needs again.

The seven counties that did not receive additional funding through the competitive grant either did not apply for it or applied but still had funding available from a previous fiscal year, she said.

“We had three counties [Gilmer, Lincoln and Roane counties] that applied but did not receive funding,” Perkey said. “With the extension that the CARES Act allowed on fiscal year 2019 money, it doesn’t expire in September, they have another year.”

She explained that those three counties still had unused funds available from fiscal year 2019 and 2020 because of the federal extension, so her staff didn’t think those counties needed the extra money from the competitive grant.

Perkey said school districts will have until 2022 to use all funds.

In total, school districts in West Virginia are receiving more than $90 million in COVID-19 relief from both the CARES Act and from the WVDE’s competitive grant combined.

The WVDE’s website features a graph that breaks down what percentage of the ESSERF funds were used for things like technology or sanitation products as well as the amount of funding each county received.

The department’s website also features a document breaking down how much and which counties received funding from the competitive grant allocation.

Also, in this board meeting, members approved a waiver request from counties seeking to fill teacher vacancies with substitute teachers in critical areas of need.

Those counties include Boone, Hampshire, Lincoln, Logan, Monongalia, Morgan, Nicholas, Pocahontas, Ritchie, Wetzel, and Wyoming County Schools, and the West Virginia Schools for the Deaf and the Blind.

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