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Where Are They Now? A Brief Overview Of 2021 W.Va. Education Legislation

This is a developing list and may be updated.

Updated on April 9, 2021 at 7:00 p.m.

Education has been a top issue for lawmakers in this year’s West Virginia legislative session as learning was upended significantly amid the coronavirus pandemic.

Among those priority bills in the 60-day session included measures advancing school choice in K-12 education and establishing the West Virginia Jumpstart Savings Program in higher education.

One-third of K-12 students in West Virginia failed at least one core subject in fall 2020, according to the West Virginia Department of Education. The WVDE attributes this dip in learning to children being jostled back-and-forth from in-person, remote, virtual and hybrid schooling.

Connectivity was also a major issue for all counties in the state, and while education officials launched Kids Connect to create more than 1,000 Wi-Fi hotspots, strewn throughout all 55 counties for K-12 and higher education, the governor and education officials repeatedly said it was only a Band-Aid for a much larger problem that needs fixed.

State lawmakers introduced more than 200 education-related bills this year, but as with all years, only a handful of bills actually make it to the governor’s desk for a signature.

So, what got through and what didn’t? Here are just a few of the education bills that have garnered attention this year:

Charter School Expansion — SIGNED

HB 2012 was signed by Gov. Jim Justice on March 11 and will go into effect on June 1.

The bill expands on West Virginia’s current public charter school law passed two years ago. It allows for up to 10 physical public charter schools to be established in the state by 2023. The bill also allows for the creation of two, statewide virtual public charter schools, as well as one local virtual charter per county.

The measure also establishes the West Virginia Professional Charter School Board, which may act as an authorizer, meaning an entity that has the authority to approve or disapprove a proposed charter school.

West Virginia has not yet approved any charter schools.

Education Savings Accounts — SIGNED

HB 2013 would launch the Hope Scholarship Program. The bill was signed into law by the governor on March 27 and will go into effect on June 15.

The program creates education vouchers for public school students who are interested in changing to home or private school. A student could receive about a $4,600 voucher per year based on the current state School Aid Formula.

These vouchers would be used for things like tuition at a private school, tutoring or an after-school program.

Also, under the bill, if less than 5 percent of students take part in the program in its first year, in 2026, the program would open to all current West Virginia private and homeschool students, regardless of whether that student ever attended public school.

If all private and homeschooled students took part statewide, the program is estimated to cost about $100 million a year, according to the West Virginia Department of Education.

The Student Rescue Act — DEAD

HB 3217 would have created the Student Rescue Act. The bill had bipartisan support but ultimately, it did not make it to the governor’s desk.

The measure would have helped K-12 students catch up on schoolwork following the impacts of the COVID-19 pandemic. It would have provided students with concentrated summer courses to make up for instruction time, class credits and grade-level-specific skills lost due to the pandemic. The law would also have applied to any future pandemic or natural disaster that lasts longer than 21 days.

The bill’s lead sponsor was House Education Minority Chair Sean Hornbuckle, D-Cabell, who said in committee that not all counties are planning to offer summer remediation efforts. He said this bill would have ensured the option would be made available in all 55 counties.

The bill did not make it out of its originating chamber before Crossover Day.

West Virginia Jumpstart Savings Program — SIGNED

HB 2001 was signed by the governor on March 19 and will go into effect on June 9.

The measure creates a tax-free savings plan for state residents who have completed school in a particular trade or vocation, like welding, plumbing, car maintenance or electrical work.

The program will allow individuals who have gone to a trade or vocational school to save for tools and equipment upon graduation.

The program is similar to the state’s SMART529 savings program used to save for college.

Making Work Stoppage By Public Employees Illegal — LAW W/O SIGNATURE

SB 11 became law without the governor’s signature on March 11 following its approval by the House and Senate. It will go into effect on June 2.

The measure codifies a 1990 decision by the West Virginia Supreme Court of Appeals that declared strikes and work stoppages by public employees illegal. The legislation also follows teachers and service personnel walking off the job in 2018 and 2019.

The bill would make going on strike a cause for termination, but this decision would ultimately be made by county administrators. Pay for days missed due to a strike could also be withheld, although that pay could be reinstated when days are made up.

Restrictions on Transgender Student Athletes — HEADS TO GOVERNOR

Following consideration in the Senate on April 8, the House of Delegates voted 80-20 to concur with the Senate’s version of HB 3293 just one day later. The bill now heads to the governor for consideration.

The bill has seen drastic changes since it left its originating chamber. As amended by the Senate, the measure would restrict transgender students’ access to women’s sports in middle, high school and college.

Under the bill, student athletes who are cisgender, meaning someone whose gender is exclusively the one they were assigned at birth, can go to their county boards of education, or their state higher education institution, and file a lawsuit against transgender competitors if they feel “aggrieved” or “harmed” by a violation of this bill.

West Virginia is one of more than two dozen states that have pushed similar legislation this year.

The Open and Equal Opportunities in Student Activities Act — DEAD

SB 28, would have allowed private and homeschool students to participate in extracurricular activities like sports and band at public schools. However, the measure was referred to the Senate Committee on Rules while on second reading and never made it out of the chamber before Crossover Day.

The bill would have created the Open and Equal Opportunities in Student Activities Act, formerly called the Tim Tebow Act — so named for the former professional American athlete Tim Tebow, a Heisman Trophy winner at the University of Florida, who was homeschooled.

Similar legislation has been considered by the West Virginia Legislature in previous years but has never made it to the governor for a signature.

Making FAFSA a Requirement of High School Graduation — DEAD

HB 2702 was the first piece of legislation in the 2021 session to be rejected on the floor of a full chamber. It was rejected by the House of Delegates on March 25.

The measure would have made filling out the Free Application for Federal Student Aid, or FAFSA, a requirement to graduate high school in West Virginia. The goal of the bill was to ensure all high school students filled out the application so they might learn how much aid they may receive when considering college.

Higher education officials reported prior to the start of the legislative session that FAFSA applications in the state were down by 25 percent.

Officials said this was largely due to students being out of schools because of the coronavirus pandemic.

In-Field Master’s Degrees — LIKELY DEAD

SB 15 passed out of the Senate back in February and was sent to the House Education Committee on Feb. 19, but it was never put on the committee’s agenda.

The measure would have prohibited teachers from receiving a pay increase for any education level above a bachelor’s degree unless they have received a master’s degree that directly connects to the areas in which they teach. By doing this, that teacher would then be eligible to receive a bump in pay.

Supporters of the legislation said it would help keep qualified teachers in the classroom, while those in opposition said it would make getting a step increase in pay more restrictive.

Related to West Virginia County School Boards — LIKELY DEAD

SB 588 made it out of the Senate on March 29 and was sent to the House Education Committee a day later, but it was never put on the committee’s agenda.

The measure would have required county school boards and county superintendents to comply with instructions given by the West Virginia Board of Education.

The ability for the state BOE to take control of a county school district is already in state law, but advocates of the bill said the legislation would have created steps for the districts to follow to avoid a full takeover.

The bill came after tensions arose between the state BOE and a handful of county school boards that opted to keep students in remote learning models out of concerns over the coronavirus pandemic.

Hope Scholarship Bill Nears End Of Legislative Journey

A bill that would establish publicly funded education savings accounts in West Virginia to support private and homeschooling has passed the West Virginia Senate. The legislation passed the House of Delegates two weeks before and could soon be on the governor’s desk for a signature.

HB 2013 would launch the Hope Scholarship Program. The program creates education vouchers for public school students who are interested in changing to home or private school. A student could receive about a $4,600 voucher per year based on the current state School Aid Formula.

These vouchers would be used for things like tuition at a private school, tutoring or an afterschool program.

Also, under the bill, if less than 5 percent of students take part in the program in its first year, then in 2026, the program would open to all current West Virginia private and homeschool students, regardless of whether that student ever attended public school. If all private and homeschooled students took part statewide, the program is estimated to cost about $100 million a year, according to the West Virginia Department of Education.

Sen. Amy Grady, R-Mason, speaks to HB 2013 during floor debate on March 17, 2021.

Sen. Amy Grady, R-Mason, who is a public school teacher and who has voted alongside Democrats at times on education-related legislation, spoke in favor of the bill.

Grady said she’d been on the fence about how she would vote but ultimately chose to support the measure, pointing to a student she taught with severe dyslexia.

“I often wonder what happened to him, as he moved on through bigger schools and people didn’t really understand what he needed. I thought about more students that, that could affect,” she said. “That clarity, to me, thinking about that student, and the difference that I made, and the difference that something like [ESAs] could make in his life and the lives of students like him, makes me think twice.”

Most Republicans have argued the program would give families choice and create an even playing field for all West Virginia students.

But Democrats have argued that the bill is costly and would negatively affect funding for public education.

Sen. William Ihlenfeld, D-Ohio, speaks to HB 2013 during floor debate on March 18, 2021.

Sen. William Ihlenfeld, D-Ohio, called the bill “financial recklessness.”

“We can’t be lulled into believing that the financial picture in the state of West Virginia is better than it really is. It’s not. It’s flat. Employment is flat. Revenue is flat,” Ihlenfeld said. “I’m not standing up here in opposition to the concept of an ESA, which I know exists in a handful of other states. What I’m saying is that if we’re going to go down this path, we should be careful.”

Democrats have also pointed to concerns over discrimination.

Senate Minority Leader Stephen Baldwin, D-Greenbrier, speaks to HB 2013 during floor debate on March 17, 2021.

Senate Minority Leader Stephen Baldwin, D-Greenbrier, spoke against the bill saying its reach is too broad and doesn’t ensure that any student, regardless of background, could receive it.

“This particular bill is not a targeted bill. It’s wide open. So it doesn’t target the aid towards the students who need it the most,” Baldwin said. “A student who needs it the most could be denied admission in the first place, because they are a problem student, because they’re disabled, because they have a ‘lifestyle’ that isn’t agreed to by the folks who were admitting those students.”

But Republicans in support of the bill say private schools are held to the same state and federal laws as public schools and must accept anyone.

Senate Education Chair Patricia Rucker, R-Jefferson, speaks to HB 2013 during floor debate on March 17, 2021.

Senate Education Chair Patricia Rucker, R-Jefferson, said the Hope Scholarship Program would be no different.

“This legislation actually is open. It understands and accepts that there is high diversity in our state. It understands that people come from all walks of life. It contemplates that if that child is not being served, and it doesn’t matter how much money the parents make, it doesn’t matter what the child’s particular demographic is, where they are in the state,” Rucker said. “It doesn’t matter their background; doesn’t matter their ability. What matters in this legislation is you are not thriving, and you are looking for help, and we are giving them an option.”

HB 2013 passed the Senate 20-13 with Republican Sens. Bill Hamilton, R-Upshur, and Eric Nelson, R-Kanawha, voting against the measure.

W.Va. Senate Moves Forward On Hope Scholarship, Jumpstart Savings Programs

Two major education bills are nearing the end of their legislative journeys.

Jumpstart Savings Program

The West Virginia Senate on Wednesday unanimously passed HB 2001, which would create the West Virginia Jumpstart Savings Program.

The program would be housed in the Office of the West Virginia State Treasurer and is a tax-free savings plan, similar to SMART529, aimed at people who are pursuing careers in occupations such as welding, electrical work, plumbing and other trades or apprenticeships. Individuals interested in opening an account will be required to deposit at least $25 to start one.

“This bill simply starts a program that allows individuals and families to save money for future costs, like tools, equipment and business startup expenses in the state of West Virginia,” said Senate Education Chair Sen. Patricia Rucker, R-Jefferson, during Wednesday’s floor session. “I support and urge adoption.”

Since the Senate adopted a couple amendments to the bill, the House must first concur with the changes before the bill will be sent to Gov. Jim Justice for his signature.

Hope Scholarship Program

The Senate Education Committee passed the much-watched Hope Scholarship bill Tuesday evening after more than two hours of questions, discussion and debate.

HB 2013 would create the Hope Scholarship Program, which establishes publicly funded education savings accounts for public school students interested in switching to private or homeschool.

No amendments were adopted during committee, although Sen. Mike Romano, D-Harrison, attempted to place caps on eligibility based on income with exceptions for families who have children with learning or physical disabilities. He also attempted to add a non-discrimination section. All were rejected.

“I’m shocked that we could not pass [a non-discrimination provision] this year by a majority vote,” Romano said, referencing previous attempts to pass ESA legislation. “We’re going to continue to suck money out of the public school education till it falls flat on its face… Whether it be charter schools, or now ESAs, we will continue to drain the public education system.”

Sen. Mike Romano, D-Harrison, asks question of counsel regarding HB 2013 during a Senate Education Committee meeting on March 9, 2021.

The legislature approved a bill last week that would permit the creation of up to 10 brick-and-mortar public charter schools by 2023, as well as virtual charter options statewide and locally. It is awaiting a signature from the governor.

The Hope Scholarship Program would give students a voucher equal to about $4,600 a year, but that could fluctuate depending on the annual state School Aid Formula. The vouchers could be used for things like tuition at a private school, for tutoring, for standardized exams, or for afterschool programs.

“I do support our public education system getting more funds, having smaller class sizes, having the ability to customize and innovate,” Rucker said in committee. “[That’s] just one of the reasons just a few days ago we supported charter school legislation out of this body. I want every option available so that there is no child that falls through the cracks that doesn’t get what they need.”

Initial rollout of the Hope Scholarship Program is expected to cost the state about $23 million in its first year, according to a fiscal note provided by the West Virginia Department of Education.

The bill also allows that by 2026, all private and homeschooled students in the state may apply for a voucher regardless of whether they ever attended public school.

The WVDE estimates this expansion of the program could cost the state an additional $100 million a year beginning in the 2027-2028 school year if all current homeschool and private school students received the education vouchers.

HB 2013 now heads to the Senate Finance Committee for further consideration.

Teacher Unions: ‘We’re Under Attack’ From Legislature

Leaders from several of West Virginia’s largest teacher unions had sharp criticism for bills under consideration in the state legislature. They voiced their concerns to the state Board of Education on Wednesday.

“Our educators have worked harder in this pandemic year than anyone could have ever asked,” said Dale Lee, president of the West Virginia Educators Association and a special education teacher at Princeton High School. “They’ve worked harder and reached out to more children than anybody could have imagined. Our educators are heroes and they’re being treated with such disrespect. It’s shameful.”

The legislature passed legislation last week to expand charter schools. It is considering bills that would create publicly funded education savings accounts as well as a constitutional amendment to give lawmakers additional oversight on the state Board of Education.

“Folks, we’re under attack,” Lee said.

He called public education the “last equalizer” in society and questioned the decisions of state legislators this session.

The union leaders said they have gotten some positive feedback from teachers regarding the return to five-day a week, in-person instruction, a decision made by the state Board of Education last month.

David Gladkosky, president of the West Virginia Professional Educators, said the organization has heard from members who are happy to be back in the classroom with some lingering issues regarding mask wearing compliance and absentee students in middle schools.

While the return to the classroom has gone well, Gladkosky and other union leaders said teachers fear the financial repercussions of bills in the legislature, specifically a proposal to invest public funds into education savings accounts.

The bill known as the “Hope Scholarship Program” is currently under consideration by the Senate after passing the lower chamber and would create $4,600 vouchers per student for private and homeschool students. Republican advocates for the bill have said it will increase opportunities for students who would not otherwise be able to afford private school or homeschool.

“It gives hope maybe to some, but not to necessarily those who desperately need some hope,” said Fred Albert, president of the West Virginia chapter of the American Federation of Teachers. “We get hope every day in public education. I get a little bit tired of hearing, ‘Parents need choice.’ They’ve always had choice.”

Albert said parents currently have the option to homeschool or enroll their students in private schools.

“I just hate to see our public education suffer any additional pandemic or financial erosion, because we can’t afford that,” he said.

An analysis from the West Virginia Center on Budget and Policy last month estimated $119 million in public education funding could be reduced by a slew of legislative proposals under consideration.

The center estimated the cost of the ESA program at a minimum of $24 million and higher costs possible depending on the number of applicants. Changes to the natural gas and business manufacturing taxes could also take millions of dollars from schools, according to the center.

Albert said on Wednesday that the pandemic has forced teachers to work harder than ever before and the recent actions of the legislature have created additional pressure.

“I can tell you that our school teachers and employees feel under attack and they’re wondering why,” he said.

Bill Creating Publicly Funded Education Savings Accounts Heads To W.Va. Senate

The West Virginia House of Delegates has once again passed a bill that would establish education savings accounts, or ESAs, for public school students who are looking to switch to private or homeschool.

After initially passing HB 2013 in the full chamber two weeks ago, the House opted to send the Hope Scholarship Program back to committee to address some financial concerns.

The House Finance Committee amended the bill to cap publicly funded education vouchers for private and homeschooled students at $3,000 per student, per year — but that didn’t last. The full chamber voted to increase that limit back to $4,600 — exactly where it was two weeks ago.

The bill also allows that by 2026, all private and homeschooled students in the state may apply for a voucher regardless of whether they ever attended public school.

The money could be used for things like tuition at a private school, for tutoring, or for an afterschool program among others.

HB 2013 has seen vehement opposition from Democrats and educators, who say the move would be costly, unnecessary and discriminatory.

Minority Vice Chair of House Education Del. Cody Thompson, D-Randolph, said he’s also concerned about the impact the program could have on small public schools.

“When our small community schools close, the community dies,” Thompson said. “We have several small schools in my district. I’m very concerned that this bill, using our public funds and taking them out of our public schools, will result in mass consolidation.”

Supporters say the program will ensure that all students get a quality education and provides flexibility for parents.

House Education Chair Del. Joe Ellington, R-Mercer, compared the program to how the state supports health care.

“We’re responsible for the health care of our citizens. Do you think public money doesn’t go to private institutions or private practitioners in this state?” Ellington said. “What I’m saying is there’s more than one way to educate our students. This is just one small part to take that population of kids out that need a different environment to learn and excel.”

Democrats offered a handful of amendments including one that would have inserted a non-discrimination section, another that would have made the program only eligible to families making under $75,000 a year, and another that would have required an annual audit of the West Virginia Hope Scholarship Board.

All amendments offered by Democrats were rejected.

The bill passed narrowly, however, on a vote of 57-42 with House Speaker Roger Hanshaw, R-Clay, voting against the bill.

The bill now heads to the Senate for consideration.

W.Va. House Recommits Bill Allowing Private School Savings Accounts To Committee

Updated on Feb. 19, 2021 at 12:00 p.m.

The West Virginia House of Delegates voted to recommit HB 2013, establishing the Hope Scholarship Program, to committee on Friday.

The bill had previously gone through the House Education and House Finance committees before being considered on the House floor. The bill has now been recommitted to House Finance.

Delegates debated the bill on third reading, the passage stage, for more than an hour on Thursday. Democrats voiced concerns of the fiscal impact of the bill after an amendment was adopted the previous day that would have bumped the program from $23 million annually to about $100 million annually beginning on July 1, 2026.

HB 2013 applies to students who are currently enrolled in public school but are looking to switch to homeschool or private school. The bill would allow students who opt to leave public school to continue to receive public dollars to help support their education. The amendment expands the reach of the program and would permit all homeschool and private school students to be eligible to apply for the program in five years — even if that student never attended a public school.

Original Post:

The West Virginia House of Delegates advanced a bill Thursday to allow publicly funded savings accounts for students to attend private schools over vehement opposition from Democrats and educators that the move would be costly, unnecessary and discriminatory.

The Republican-led House passed HB 2013 on a 60-39 vote. One member was absent. The bill now goes to the state Senate.

The program, named the Hope Scholarship, would put state money into a special account that parents could then spend on private school tuition, homeschooling and other educational needs. It would eventually allow all private and homeschooled students to apply for the program starting July 2026, pushing the cost to the state to more than $100 million annually.

The funding would be capped at about $4,600 per child.

Democrats dominated the debate on the bill that lasted more than an hour.

Delegates earlier this week defeated amendments proposed by Democrats that would have capped the number of students receiving the vouchers and would have excluded higher-income families from receiving the funding. Most private schools in West Virginia are Christian. Democrat-sought protections in the bill for students against discrimination based on religion and LGBT status were rejected.

Putnam County Republican Joshua Higginbotham said he is proud of his public school background and assured skeptics there are plenty of bills within the House education committee that would try to beef up the public education system.

“But we have to give opportunity for people who can’t afford to attend a private school or to be homeschooled,” Higginbotham said. “That is exactly what this bill does. That’s why it’s the Hope Scholarship.”

Cabell County Democrat Sean Hornbuckle said the bill will use taxpayer funds to support a religion-based education and won’t help rural students who have transportation issues to private schools. He and other Democrats said it won’t do enough to help disabled students.

“As this bill is currently reading, it is the Hoax Scholarship,” Hornbuckle said.

Kanawha County Democrat Larry Rowe said how the program will be paid for remains a mystery because the fiscal aspects were not spelled out.

“We don’t have good financial information with this bill,” Rowe said. “We’re left with pure speculation about the cost of this bill.”

Earlier this week the House passed a bill to increase the number of charter schools allowed in West Virginia every three years from three to 10 and allow for online-only charter schools. Charters schools were allowed under a 2019 bill signed by Republican Gov. Jim Justice.

Educators and Democrats argue that the move to install charters and education vouchers was driven by outside interests that will steer money away from public schools.

Kanawha County Democrat Jim Barach said the bill would create “a two-tiered system of education where the have-somes and the have-mores get to go to private schools. And everyone else goes to underfunded public schools. And we’re going to end up with a lot of people ending up on the short end of the stick.”