Stakeholders Weigh In On Foster Care Issues

On this episode of The Legislature Today, Assistant News Director Maria Young turned to the issue of legislation related to foster care and adoption as multiple bills wind their way through the two chambers. She spoke with Jaycie Bias, executive director with the West Virginia Foster, Adoptive & Kinship Parents Network, and Rachel Kinder with Mission West Virginia, a non-profit that advocates and focuses on those same areas. 

On this episode of The Legislature Today, Assistant News Director Maria Young turned to the issue of legislation related to foster care and adoption as multiple bills wind their way through the two chambers. She spoke with Jaycie Bias, executive director with the West Virginia Foster, Adoptive & Kinship Parents Network, and Rachel Kinder with Mission West Virginia, a non-profit that advocates and focuses on those same areas. 

In the House, delegates passed several bills, many of which, like the state wide camping ban, garnered debate.

It was a somber day in the Senate as lawmakers passed a bill that would increase penalties for drug-related offenses. The bill is named in honor of a 26-year-old Morgantown native and West Virginia University (WVU) graduate who died after ingesting drugs laced with fentanyl. The bill passed with her parents present in the gallery. Emily Rice brings us that story.

And student conduct and discipline has been a focus of legislative activity for the past several years. As Chris Schulz reports, one subcommittee is looking at bills to help students focus and behave.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Student Welfare Bills Passed By Senate

The Senate had a lively day to start the week, passing 10 bills on issues ranging from optometry to carbon sequestration. Two of those bills deal with the wellbeing of students in the state’s public schools.

The Senate had a lively day to start the week, passing 10 bills on issues ranging from optometry to carbon sequestration. Two of those bills deal with the wellbeing of students in the state’s public schools.

For the past several years, Sen. Mike Woelfel, D-Cabell, has sponsored Senate Bill 155, establishing the “Summer Feeding For All” program. He said certain counties like Cabell have been able to successfully feed students when school isn’t in session, but childhood hunger remains a problem across the state.

“And unfortunately, around the state, there are still pockets of poverty where children are hungry in the summer,” Woelfel said. “This will identify those pockets and make sure that we can get food to those children.”

According to the Food Research and Action Center, a nonprofit organization that works to end hunger and improve health outcomes for people in poverty, only 15% of children who received a free or reduced-price lunch nationally during the 2022–2023 school year received a summer lunch. The West Virginia Department of Education estimates that close to 70% of the state’s school-aged children qualify for free or reduced-priced meals.

Woelfel said his bill doesn’t require counties to establish summer feeding programs or even engage with existing programs like the federal Summer Food Service Program.

“It doesn’t impose any unfunded cost on the county boards of education,” he said. “This is just to find a way to identify the kids that are hungry and let social services, the churches – the communities can feed them, but if we don’t know who they are, they’re going to be hungry in the summer.”

The bill has found success in the Senate, passing in both 2023 and 2024, but never in the House of Delegates. Despite its many failed attempts, Woelfel said he is happy to see it run again this year and hopes the House will advance it as well. But he did not leave things to chance, and on the Senate floor Monday Woelfel urged his Republican colleagues to apply some pressure in the lower chamber.

“This bill did not get taken up in the House last year, if you’d imagine that, so kids just continued to suffer from hunger over the summer,” he said. “So if those in the majority party feel so inclined, please reach out across the hallway and try to encourage folks in the house to stand up for these hungry kids. Thank you.”

A similar bill, House Bill 3254, was introduced in the House on Friday and was sent to the House Education Committee. 

Another School Discipline Bill

For the past several years, legislators have heard from concerned citizens and educators about the rise in violent behavior in younger and younger students. Last week the House of Delegates passed House Bill 2515, which would give teachers from Kindergarten to grade six the ability to remove students from their classroom for extreme disciplinary issues.

Monday the Senate passed Senate Bill 199, their own version of elementary school discipline. Senate Education Chair Sen. Amy Grady, a Republican from Mason County, presented a similar bill last year and said in committee that she put significant effort this year to ensure the bill provided the best outcomes for students. That includes requiring that students work with mental health professionals.

“The school counselor, social worker, psychologist or behavior intervention is required to establish a behavior plan for the student,” Grady said while explaining the bill on the Senate floor Monday. “The behavior plan is required to be followed for a period [of] two weeks. After that, a re-evaluation of the student’s behavior is to be made. If adequate progress is being made, the behavior plan is continued.” 

Requirements in both the House and Senate versions of the bill that students be placed in alternative education settings have raised concerns from lawmakers and school administrators about costs. Only 13 such programs exist in the state at this time, and many more would need to be established to comply if the law were to pass.

The two discipline bills will now need to clear the legislative process again in the opposing chambers and be reconciled before being able to find their way to the governor’s desk for signature.

Two Bills Take On Aspects Of School Safety in Senate, House Education Committees 

Education committees on both sides of the Capitol have focused on bills that failed to pass the previous year to start this year’s session.

It is not uncommon for lawmakers to reintroduce a bill one year that failed the previous year, especially when that bill progressed out of at least one chamber. Education committees on both sides of the Capitol have focused on such bills to start this year’s session.

Monday afternoon the House Education Committee discussed House Bill 2187, which would permit teachers in K-12 schools to carry concealed firearms as a designated school protection officer (SPO). It is a reworked version of last year’s House Bill 4299, which passed the House but failed to move out of committee in the Senate.

Currently, West Virginia residents including teachers are prohibited from bringing guns onto school property, regardless of whether they have a permit.

The bill’s sponsor, Del. Doug Smith, R-Mercer, said the need exists for protection at schools with limited resources.

“It’s for schools in my district. Every elementary school in my district has no resource officer,” he said. “Teachers would like to be able to protect themselves, and the reality of it is, there’s not enough funding to pay for it all for every school across the state. That’s the reality.”

The bill designates an entire section to the training requirements for SPOs, including four hours of scenario-based or simulated training exercises, in addition to tactical live firearms training.

Del. Anitra Hamilton, D-Monongalia, spoke to the potential personal trauma a staff member may endure.

“Because most mass shootings that take place in schools are done by students, will these teachers also get training in the event that a mass shooting takes place and they have to shoot their student?” she asked.

Smith responded that active shooter training was a requirement, including responding to casualty situations with interventions like “Stop the Bleed.”

Del. Mike Pushkin, D-Kanawha, expressed a concern shared by law enforcement groups that have opposed similar bills. He said having more armed individuals in schools could further complicate a potential active shooter situation for first responders.

“They’re going to have to go to this list and be like, ‘Okay, at this school, we’ve got 10 teachers that might be walking around with guns too, while we’re looking for an active shooter. We have these 10 other possible people,’” Pushkin said. “‘We just had their name. We don’t know what they look like.’” 

The issue of students gaining access to a teacher or staff member’s weapon has been a point of concern for several years with similar bills, and came up again Monday afternoon.   

Jim McJunkin, a retired critical care pediatrician, spoke to the committee as part of the committee’s public hearing. He recounted his personal experience of treating a child permanently injured by the negligent discharge of an unattended gun before discussing the need for preventative measures rather than more firearms.

“We believe in that primary prevention is very important, which includes secure school entry ways, threat assessment, suspicious activity reporting, mental health access and safe storage education for safe storage of guns at home,” McJunkin said.

McJunkin pointed out that secure entryways for schools are required in code. But schools across the state struggle to comply with the mandate, an issue that lawmakers have followed during interim meetings this past fall.

As part of the new House committee procedure, the Monday meeting was merely a committee hearing and no action was taken on the bill. House Bill 2187 is not on the committee’s agenda for its next meeting Wednesday.

Senate Education

Monday the House of Delegates passed another school safety bill, House Bill 2515, which would give teachers from kindergarten to grade six the ability to remove students from their classroom for extreme disciplinary issues.

A very similar bill originated in the Senate last year, and Tuesday morning the Senate Education Committee discussed Senate Bill 199, their own version of that elementary level disciplinary bill. 

Sen. Mike Oliverio, R-Monongalia, said the issue is worth so much attention because of the experiences shared by educators that have dealt with violent students. 

“We’ve talked to teachers who have been stabbed, who have been beat up and bruised,” he said. “We’re really trying to address this issue, primarily with a lot of love to these students, because we understand these students are in a very difficult place, maybe difficult environment.”

He said the bill will not only help the students causing the issues, but their classmates and educators as well who are having their learning environment disrupted by outbursts.

Like its counterpart in the House, the bill calls for school counselors, social workers, and psychologists to conduct assessments for students exhibiting violent or threatening behavior.  Students removed from their classroom would be placed on a behavioral plan for two weeks, with reevaluation and potential referral to a behavioral intervention program if progress is insufficient.

Senate Education Chair Sen. Amy Grady, R-Mason, the bill’s sponsor, said she delayed introducing the bill several times to make sure it was the best version it could be. 

“It could be better. Definitely funding could be better. Definitely having more behavioral interventionists would be great. We just don’t have those things right now,” Grady said. “This gives teachers, I think, something they can start with and something they can do to begin with, and then we can move towards a more perfect solution in the future.”

The bill was advanced to the full Senate with the recommendation it pass.

For Third Straight Year, A School Discipline Bill Moves On

Updated on Tuesday, March. 4, 2025 at 2:53 p.m.

A bill to address disciplinary issues in West Virginia schools passed the House of Delegates Monday. 

House Bill 2515 passed 92 to four. All four delegates who voted against the bill were Democrats. It is the latest in a line of bills introduced in the legislature over the past three years to try and address the most extreme disciplinary issues in schools. Passed in 2023, House Bill 2890 originally allowed teachers at any level from Kindergarten to 12th grade to remove disruptive students, but ultimately was limited to grades seven and above.

HB 2515 is functionally identical to last year’s Senate Bill 614, which failed to pass the House on the final day of session. Requirements including suspension of unruly students, placement in alternative education and behavioral assessment mandates underwent substantial changes in the House Education Committee before arriving on the floor.

Del. Mike Pushkin, D-Kanawha, voted no on the bill. He questioned House Education Committee Chair Del. Joe Ellington, R-Mercer, about the bill’s waiver from statewide disciplinary policy. 

“A school that receives Title 1 funding, is eligible for that, they can apply to get a waiver from this law?” Pushkin asked. 

“If they have a successful program, yes,” Ellington replied.

Title I schools have high numbers or percentages of poor children and receive federal funds to help those students succeed. One of Pushkin’s concerns with HB 2515 has been the cost of the bill’s requirement that students be placed in alternative education programs. The education committee was told that only 13 such programs existed across all of West Virginia and more would need to be established to comply with the new law. 

“If it’s a school like we have an elementary school in the district that I represent, the Title 1 school, they have behavioral interventionists there,” Pushkin said. “They would apply for it, but they’re not guaranteed to be granted that waiver, right? “

“Correct. They’re not guaranteed,” Ellington said. “But in the situation you’re talking about, most likely it would be.”

Del. Kayla Young, D-Kanawha, questioned the constitutionality of the bill’s requirement that the State Board of Education adopt a statewide disciplinary policy. HB 2515 makes the proposed policy subject to approval by the legislature, but the state board of education has the power to create its own policy without oversight from the legislature.

A constitutional amendment to establish legislative authority over the board was rejected by voters during the 2022 general election.

“Wasn’t there a constitutional amendment that failed two years ago for us to be able to approve their policies that failed?” Young asked. “So in the Constitution we can’t approve their policies?”

“There was a constitutional amendment that failed two years ago,” Ellington replied. “I don’t know the specific words to it. I don’t recall that at the time.“ 

Ellington conceded that the state constitution allows the state Board of Education to function independently, but speculated that specific policy promulgated by the legislature could be subject to review.

The bill now heads to the Senate for further review.

**Editor’s Note: This story was updated to clarify that only four Democrats voted against HB 2515, and the vote was not along party lines as previously stated.

Committee Chairs Focus On Discipline And Adjusting After Dream Federal Job Cut, This West Virginia Morning

On this West Virginia Morning, the committee chairs of the legislature’s education committees are trying to address discipline and staffing issues in state schools, and a W.Va. native is still reeling from losing her dream job as part of the federal government’s workforce reduction efforts.

On this West Virginia Morning, school discipline has been a key legislative issue for several years. As legislators consider that and other bills that could impact education across the state, West Virginia Public Broadcasting News Director Eric Douglas spoke with Sen. Amy Grady of Mason County and Del. Joe Ellington of Mercer County, chairs of the Education committees in their respective chambers, at the capitol for The Legislature Today.

And a 24-year-old West Virginia native in the early days of what she describes as a dream job was among 1,000 National Park Service workers fired this month, part of the federal government’s workforce reduction effort. As Maria Young reports, she’s scrambling to find her next job, but wondering if her termination does the nation any good.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Education Committee Chairs Talk School Discipline, Teacher Staffing

On this episode of The Legislature Today, News Director Eric Douglas talks with the chairs of House and Senate Education, Sen. Amy Grady, R-Mason, and Del. Joe Ellington, R-Mercer. They discuss a wide range of topics including school discipline and ways the state can improve the ongoing teacher shortage.

On this episode of The Legislature Today, News Director Eric Douglas talks with the chairs of House and Senate Education, Sen. Amy Grady, R-Mason, and Del. Joe Ellington, R-Mercer. They discuss a wide range of topics including school discipline and ways the state can improve the ongoing teacher shortage.

In the House Tuesday, lawmakers approved bills related to court-appointed special advocates in the state’s foster care system, destruction of first responder equipment and clarifications for officers, lawyers and judges when distributing child sex abuse materials — described in the bill as “child pornography” — as part of their official duties in the judicial system. All three bills now head to the Senate for consideration.

The House Health Committee held a hearing on a controversial piece of legislation that would allow for religious and philosophical vaccine exemptions for school children.

And school discipline has been a key legislative issue for several years. As part of the new committee hearing process, the House Education Committee spent two days discussing House Bill 2515. Chris Schulz brings us this story.

Also, a bill to remove regulatory requirements for health care providers to expand or offer additional services in West Virginia failed to pass its committee by one vote Monday afternoon. Emily Rice has this story.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

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