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.

Union Leaders Allege Schools Not Safe To Reopen As State Defends Response

Democratic gubernatorial candidate Ben Salango and union leaders in West Virginia education say Gov. Jim Justice and state officials are not doing enough for a safe reopening of schools next week. 

The West Virginia chapter of the American Federation of Teachers and gubernatorial candidate Salango held a press conference Wednesday in Charleston citing concerns that several schools across the state are not yet safe enough to open next week.

Fred Albert, president of AFT-West Virginia, said over a Facebook Live broadcast that the greatest concern is aging school buildings in West Virginia that do not have proper ventilation, which Albert said is “vital to mitigating the virus.”

“Our teachers and service personnel miss their students,” Albert said. “We want to return to teaching and to learning, but it must be safe. Our elected leaders have only a few days left to put the proper safety measures and resources in place.”

Albert argued that many teachers have reached out to him and AFT-West Virginia claiming they still do not have personal protective equipment available.

In a https://youtu.be/BELroCe8hY8″>virtual press briefing Wednesday with Justice and other state leaders, the governor said there is money available through the CARES Act for any resources still needed at West Virginia’s more than 600 public schools.

West Virginia Superintendent of Schools Clayton Burch echoed the governor and said he and his staff are “triple checking” to make sure schools have what they need. He said he communicates frequently with county superintendents.

“The governor’s assured us that at no point in time should I be shy coming to him to ask for any dollars that I need,” Burch said in the press briefing. “I’ve got Gen. Hoyer, Secretary Crouch completely backing us up. We’ve got over 2 million face coverings stockpiled, ready to be used.”

Burch did not directly mention the AFT press conference that occurred Wednesday morning, but he did mention Albert and said he feels frustrated “when we continue to hear folks go on and publicly continue to say that our teachers and our schools aren’t ready, and that happened [Wednesday].”

“My door has been open, since day one, March 13, I’ve never closed my door,” Burch said. “My door has been open to anybody who wants to discuss return to school, and I’ve appreciated all the voices who have assisted. Whether you’re a parent advocacy group, whether you are folks representing special needs, whether you’re folks representing foster children, or whether you’re one of our teachers’ unions, or service personnel, my door has been continuously open.”

Still, Albert argued during the AFT press conference for more leadership from the governor with clear, consistent procedures on “how staff, parents and students will be notified of potential cases or exposure in schools.”

Salango said in the Facebook Live broadcast there should be more coronavirus testing and more nurses staffed at schools. Salango also claimed that with $6 million, every school in the state could be equipped with temperature scanners.

“We don’t have thermal scanners, temperature scanners, hands free devices in all of our schools,” Salango argued. “That’s something that’s easy to do, easily installed, easily executed.”

Albert is also asking Justice to allow more time for families to sort out childcare needs should a county change color on the re-entry map. He said being notified on a Saturday night does not give families enough time to prepare.

“If we stay in the orange or move to red by Saturday night at 9 p.m., then our parents will be scrambling over the weekend to provide care for their child.”

Albert said families should at least be notified by Fridays at 5 p.m.

West Virginia’s school re-entry is guided by metrics developed by the West Virginia Department of Health and Human Resources. It’s based on a four-color system – green, yellow, orange and red. Each county is assigned a color based on the prevalence of COVID-19 within their borders, according to the West Virginia Department of Education.

Both the governor and Burch say school re-opening remains a “fluid” situation, and they are prepared to respond to any scenario.

Schools in West Virginia are set to begin Sept. 8.

West Virginia Union School Workers Authorize Statewide Action

Updated: Sunday, Feb. 11 at 10:25 p.m.

 

State leaders of unions representing teachers and school service personnel have been authorized to take statewide action.

More than 150 union members representing all 55 counties met with state chapter presidents Dale Lee, of the West Virginia Education Association, and Christine Campbell, of the American Federation of Teachers-West Virginia.

Fueled by growing frustrations over teacher pay, employment vacancies and a dwindling benefits package, Lee and Campbell described the authorization for action as “overwhelmingly in support.” Neither would provide an exact count of the vote.

Both called this weekend’s meeting in Flatwoods “historic,” noting that it was the first time representatives of both organizations had come together.

However, authorization for a work action isn’t necessarily imminent or guaranteed, Lee and Campbell said, and they are hoping to see the legislative process satisfy their collective hopes.

 

According to The National Education Association, a nationwide group to which WVEA belongs, West Virginia was 48th among the 50 states and Washington, D.C., in average teacher pay in 2017. NEA’s website states that the states’s beginning teacher salary is $32,435 and the average salary is $44,701. 

 

Proposed changes to PEIA, the insurance provider for teachers and other state employees, has called for premium and deductible increases, as well as penalties for not fulfilling the requirements of a wellness program. The PEIA Finance Board has scheduled public hearings on the proposed changes across the state this week.

 

However, uncertainties over whether a salary increase — specifically, how much — and if these proposed changes to PEIA will take place is what has led to the authorization of a work action. 

 

“It is open ended,” Campbell said of what might come next. “It was an authorization from the counties to call on state leadership [of the unions] for action, if needed.”

Campbell explained that union members are expecting to “see evidence of priorities” from legislative leaders as session’s end draws closer. The 60-day session ends March 10.

Teachers and school services personnel have organized walk-ins and other events across the state in recent weeks, including a work stoppage and rally at the Capitol on Friday, Feb. 2 by those from Logan, Mingo and Wyoming counties. Workers from elsewhere also joined as a result of weather closing school in their counties. Lee said to expect those types of actions to continue.

“People are angry and they are going to continue to do these activities,” he said.

“Too many years have gone by with a ‘next year,’ ” Campbell said, noting that state government leaders have promised teacher pay raises and a PEIA fix in the past, but have failed to deliver.

Gov. Jim Justice joined Senate President Mitch Carmichael and House Speaker Tim Armstead at a Thursday news conference to discuss a freeze on proposed changes to PEIA benefits — including premium and deductible increases.

Justice and Carmichael agreed during the press conference that a 1-1-1-1-1 formula (a 1-percent raise in each of the next five years) was the conservative and smart way forward — given that state revenues are still stabilizing and the future is uncertain. Armstead noted that he believes a 2-1-1-1 formula (a 2-percent pay increase in the first year and an additional 1-percent raise in each of following three years) was possible.

The AFT-WV and WVEA scheduled a news conference for 1 p.m. Monday at the Capitol. Additionally, a teachers’ rally is scheduled for Saturday, Feb. 17, also at the Capitol.

 

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