Special Education Staffing, School Athletics Discussed In Education Committees

The House Education Committee moved to address a critical shortage of special education staff, while the Senate Education Committee took a rarely seen action in their meeting. 

The House Education Committee moved to address a critical shortage of special education staff, while the Senate Education Committee took a rarely seen action in their meeting. 

Wednesday was the first ever Special Education Day at the Capitol, and the House Education Committee took the opportunity to move House Bill 4902

The bill would first raise the pay of special education aides to match the pay of “Early Childhood Classroom Assistant Teachers” created by last year’s Third Grade Success Act. And then it would give special education aides a 5 percent raise on top of that. 

The bill also gives a 10 percent raise to Special Education Teachers in self-contained classrooms, where students with the most complex needs, who require the most support, are placed.

Another component of the bill that required board members who are certified in the subject area of a critical vacancy to go to the classroom and fill that position until someone is hired to do so was removed by amendment during the meeting.

Bill sponsor Del. Elliot Pritt, R-Fayette, said he agreed with the amendment because it left the most important action intact.

“We have people sitting in board offices at desks who are qualified to do jobs in the classroom, while we have critical vacancies in classrooms, across counties,” he said. “And all this would have done is tell them, hey, if there’s an empty critical vacancy, you have to be in the classroom till it’s filled. And you want to talk about lighting a fire under somebody’s rear end to aggressively try to find someone to fill those positions. You make them leave their office to go into that position for a while.”

The bill was voted to the House floor, but first with a recommendation to the House Finance Committee. The bill does not have a fiscal note at this time, and Del. Mike Pushkin, D-Kanawha, urged his colleagues on that committee to take HB 4902 seriously. He said it was one of the issues he hears most about from his constituents. 

“This is something that’s needed. It’s at a crisis level, the shortage that we have in our special education classrooms,” Pushkin said. “I certainly hope that they prioritize this bill. I know it’s late in the session for us to take this up, but better late than never. So those of you that are on the Finance Committee, get on it.”

House Education also discussed and advanced:

  • HB 4829, Relating employment of service personnel and removing the requirement for a high school diploma or general education development certificate.
  • HB 5425, Granting a waiver to fill certain professional educator positions of employment when no applicants have six or more years of experience.

In Senate Education

The Senate Education Committee met Thursday morning and took a rare action to reconsider an amended bill that they had recommended to the full Senate Tuesday.

Senate Bill 813 would allow students to participate in non-school competitive activities and remove restrictions on external teams as a condition for playing for a school, team or sport. 

Sen. Mike Oliverio, R-Monongalia, rescinded his amendment extending the bill’s provisions to coaches, allowing them to coach multiple teams. Speaking to the broader bill, he gave the example of a cheer squad that could not cheer for their school’s basketball team all season because their competitive team season had a slight overlap.

“I think the goal of this bill is to give opportunities to children, but also give flexibility to parents to be able to decide what activities they will allow their children to participate in which ones will drive them to the school or locations for,” Oliverio said. “I think there’s some good that can come from this bill.”

The unamended bill was once again recommended to the full Senate.

Senate Education also discussed and advanced:

  • SB 842 – Modifying training requirements for county boards of education members
  • SB 859 – Limiting requirements for issuance of professional teaching certificate
  • SB 861 – Increasing support and professional development for educators

Legislators Hear About Changes To State’s Sports Commission Rules

During their interim meeting at Marshall University Sunday, the Legislative Oversight Commission on Education Accountability heard about several changes to rules and regulations governing the Secondary School Activities Commission.

During their interim meeting at Marshall University Sunday, the Legislative Oversight Commission on Education Accountability heard about several changes to rules and regulations governing the Secondary School Activities Commission (SSAC).

Changes included a significant increase in the number of out-of-season activity days allowed for coaches to work with players, from 12 to 32 days, as well as changes to how suspensions after an ejection from a game are calculated. 

Hank Hager, counsel to the Senate Education Committee, explained that suspensions would now be 10 percent of the season, regardless of when the infraction occurs. For sports like baseball and basketball that play the state maximum of 32 games, that would mean a three game suspension.

“I don’t necessarily want to condone the activity that gets somebody suspended, but at the same time I understand there’s emotion involved in sports,” said Sen. Mike Oliverio, R-Monongalia. “That seems excessive to me, three games.”

Cindy Daniel, West Virginia SSAC assistant executive director, pointed out that there is a process in place for schools to appeal suspensions resulting from ejections. 

Oliverio suggested that the West Virginia Legislature may change the suspension rule in a future session.

Among the changes are an expansion to student eligibility, including the implementation of recently passed House Bill 2820, which creates a pathway for Hope Scholarship recipients to play SSAC sports.

Shepherd University Football Team Sees Four Student-Athletes Sign Pro Contracts

Four football players from NCAA Division II Shepherd University were drafted as priority free agents following this year’s NFL Draft. It’s a record for the comparatively small football program.

Four football players from NCAA Division II Shepherd University were signed as priority free agents following this year’s NFL Draft. It’s a record for the comparatively small football program.

Quarterback Tyson Bagent signed with the Chicago Bears, offensive lineman Joey Fisher signed with the San Francisco 49ers, Ronnie Brown signed with the Tampa Bay Buccaneers and tight end Brian Walker signed with the Baltimore Ravens. 

“It’s very difficult to even get to where they are, and they need to take advantage of what opportunities they do have,” Shepherd football coach Ernie McCook said. “I always joke that it’s like, you just want to get keys to the facility.”

All four were previously selected as members of the Associated Press’ Division II All-American team. Bagent was selected as the 2021 recipient of the Harlon Hill trophy, Division II football’s equivalent of the Heisman.

McCook says getting to the level where a smaller school can consistently produce NFL prospects is a combination of culture and recruiting. The school relies on talent from in and around the Eastern Panhandle.

“Every one of those players that have signed with NFL teams are all within a two-and-a-half-hour radius of our institution,” McCook said. “And I think we do a good job and create a culture where good players know that they can play football at a high level, they can play where football is important and have a chance to compete.”

The Rams made it to the national championship semifinals last season, before losing to the Colorado School of Mines. 

“If you were to ask any one of those four guys that just signed, ‘What’s your biggest regret,’ it’s not winning a national championship,” McCook said. “So we have a desire to be great in this program.”

Elsewhere in the state, Huntington native and offensive tackle Darnell Wright was selected tenth in the draft by the Chicago Bears. He went to the University of Tennessee to play for the Volunteers.

WVU defensive end Dante Stills, originally from Fairmont, was also selected by the Arizona Cardinals as the 213th pick in the draft. His brother, Darius, and father, Gary, also played for the Mountaineers before making their way to the NFL. Marshall players Steven Gilmore and Khalen Laborn were also offered free agent contracts.

But both schools are considered Division I, playing in the upper tiers of college football and having access to the money and resources that come with that designation. With NFL-prospect level talent coming out of the much smaller Shepherd University, its athletic department could attract more notoriety – and future recruits.

“Everything that we can sell positively on our football team, we want to be able to do,” McCook said. “Having a pro day the way we did, having four players that were able to sign preferred free agent contracts with the NFL makes other kids look at it like, ‘Hey, man, I can have a shot if I go to Shepherd.’ And that’s what we want to do.”

Justice Signs Several Bills Into Law At Deadline

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law.

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law. The governor has 15 days to either sign a bill or veto it after the end of the session. The governor also can allow a bill to become law without his signature.

Justice signed House Bill 2007, restricting medical options available to youths going through gender dysphoria. The law bans gender-affirming care, including medications, to anyone under the age of 18 in most circumstances. Under the bill, some young people with severe gender dysphoria may be able to access hormone therapy if the diagnosis is confirmed by two doctors, including a mental health care provider, and if the minor has parental consent. The bill will go into effect on January 1, 2024.

Planned Parenthood South Atlantic provides gender-affirming hormone therapy in West Virginia. Representatives say gender affirming care improves health outcomes for patients who are transgender or nonbinary. 

“I cannot count the number of patients that we have seen who had seriously contemplated or even attempted suicide in the past who now tell us they are so much happier after starting gender-affirming hormone therapy,” Planned Parenthood South Atlantic clinician Carrie Lett said. “Although some young people may still be able to get the care they need, this law still amounts to the government putting politics over people’s lives and interfering with medical best practices.” 

Justice said he struggled with House Bill 2820, allowing Hope Scholarship recipients to participate on public school teams unless the sport is already offered at their school.

An amendment to the bill allows student-athletes to transfer schools at least one time and keep their athletic eligibility. He let the bill become law without his signature.

“I fully support the ability of our HOPE scholarship recipients, students in microschools or learning pods, homeschooled students, or our private school students to participate in extracurricular activities at their school or at their local public school,” Justice said. “However, allowing student athletes to transfer to any school whatsoever with no purpose other than jumping to a better athletic team will do nothing but make a few teams better at the expense of all the others.”

Justice  signed House Bill 3018, the so-called “child marriage bill.” The new law removes the possibility that anyone younger than 16 could marry. Those aged 16 and 17 would have to obtain parental consent and they couldn’t marry someone more than four years older than them.

Among other bills signed; House Bill 3135, raises the salaries of the Governor and Constitutional officers beginning in 2025, House Bill 2310, changing West Virginia vehicle inspections to every two years, Senate Bill 613, creating certificate of need exemptions for hospitals and physician groups and House Bill 2436 creating an acuity-based patient classification system meant to help address nursing staff needs.

Three hundred and thirty-three bills passed during the 2023 60-day legislative session that ended March 11.

Senate Passes Nine Bills On Police Training, School Athletics And More

The Senate had nine bills on third reading Wednesday, including a bill to improve law enforcement’s awareness of, and ability to interact with, citizens with certain mental health conditions. Also up for consideration were bills amending school athletics eligibility and new requirements for school board membership.

The Senate had nine bills on third reading Wednesday, including a bill to improve law enforcement’s awareness of, and ability to interact with, citizens with certain mental health conditions.

Also up for consideration were bills amending school athletics eligibility and new requirements for school board membership.

Senate Bill 208 would require all law-enforcement and correction officers to undergo training for appropriate interaction with, and response to, individuals with autism spectrum disorders, Alzheimer’s, and related dementias.

Sen. Mike Caputo, D-Marion, is the bill’s lead sponsor. He said the idea for the training came from a concerned mother.

“It’s very important because you can mistake them for maybe you know, someone who wants to do harm,” he said. “It came to us from an idea from a mother whose child is on the spectrum. He was so excited to see a policeman pull his mother over, that he ran out of the car. It came to her, ‘He could have really been hurt,’ because a policeman could have mistaken him for someone that was wanting to do harm.”

Caputo said the training has been in place for two years, but was initially made voluntary. Senate Bill 208 makes the training mandatory for all officers.

“We’re dealing with a problem in West Virginia that we want to make sure we treat folks kindly and appropriately,” he said.

The bill specifies the course of instruction relating to autism spectrum disorders shall be developed and delivered by Marshall University’s West Virginia Autism Training Center. Training will focus on de-escalation of potentially dangerous situations, provide an understanding of the different manner in which individuals process sensory stimuli and language and language difficulties likely to affect interaction.

Instructors are also required to include adults with autism spectrum disorders and/or a parent or primary caretaker of an individual diagnosed with autism spectrum disorder in the course.

“I think it’s pretty simple and upfront, it’s not going to cost anything to folks who are being trained anyway,” Caputo said. “It’s just gonna be part of the curriculum, and I think it’s going to be good for West Virginia.”

Senate Bill 208 passed unanimously and now goes to the House of Delegates for their consideration.

Sen. Ryan Weld, R-Brooke, discusses student athlete eligibility on the Senate floor Wednesday, Jan. 25 2023. Credit: Will Price/WV Legislative Photography

Student Athlete Eligibility

Senate Bill 262 would allow students to transfer between schools inside West Virginia and retain athletic eligibility.

Sen. Ryan Weld, R-Brooke, is the bill’s lead sponsor. He said the current rules unfairly punish West Virginia students for moving.

“Students have to sit out for a year because they need this settling in period. They have to get adjusted to their new school and figure it all out.” Weld said in reference to WVSSAC rules. “But it’s very important to keep in mind that that settling in period doesn’t apply if you’re coming from out of state. So if you move here from California, get on that team, get out there and play… For hundreds of other students across the street or the state, if you’re transferring from a public school or from a private school, public to private, you got to sit out.”

Sen. Randy Smith, R-Tucker, opposed the bill. He said schools in rural communities like his already have a hard enough time finding enough students to field sports teams without students being lured away to surrounding schools by athletics.

“When I was a parent, when my children were involved in something, you know, things aren’t always fair,” Smith said. “Sometimes you have to learn to get along with the teacher. You have to learn to get along with a coach. And I just feel that we’re opening it up where if you don’t like your coach, then you look elsewhere. And I just think we’re starting a bad precedent doing this.”

Sen. Patricia Rucker, R-Jefferson, voiced her support of the bill, likening it to school choice measures the legislature has introduced in recent years.

Senate Bill 262 passed 27-5, with two senators absent, and now goes to the House of Delegates for their consideration.

New Requirements For Board Of Education Members

Senate Bill 264 also passed the Senate Wednesday. It would prohibit persons who have been convicted of certain crimes against minors from holding positions on either the state board of education or a county board of education.

Senate Education Committee Chair Sen. Amy Grady, R-Mason, said the requirement will be enforced with a certificate of announcement.

“These crimes are numerous and include such crimes as distribution and display to a minor of obscene matter,” Grady said. “The bill also requires that candidates for county Board of Education provide a statement on the certificate of announcement that the candidate swears and affirms that he or she has not been convicted of one of the applicable crimes when the victim was a minor.“

The bill passed with a unanimous vote, and now heads to the House of Delegates for their consideration.

The six other bills: SB 4, SB 121, SB 192, SB 244, SB 245 and SB 246 were also passed. All now go to the House of Delegates for their consideration.

State legislators concerned with head injuries

There’s been a lot of attention on how head injuries are affecting football players, and athletes, on all levels—including when they are very young. Stakeholders concerned about this issue hope new protocols will sufficiently prevent serious injuries.

Last year, the state legislature passed a measure that provides protocols for head injury protections for student athletes in West Virginia. These guidelines require coaches to have course training on head injuries and concussions, as well as being mandated to remove players from competition who are suspected of having concussions. It’s something that State Senator Ron Stollings said there’s a specific mission with these new rules.

I think this bill is a good bill, we will see it being implemented as we speak. Me, being a volunteer physician on Friday nights, I have to take that educational piece myself. It’s a good thing,” said Stollings.

Also under the guidelines, a concussion and head injury sheet must be signed and returned by the athlete and the athlete’s parents before practice or competition begins, to make officials aware of previous injuries. If a player has been removed from a game due to a head injury, that person may not return to action until he or she has written clearance from a licensed health care professional.

Gary Ray with the West Virginia Secondary Schools Activities Commission said these new guidelines give “teeth” to his organizations, and other interested parties, in protecting students. But he says parents must also play a role.

I was guilty when I played sports, you didn’t want to tell mom or dad because you might not get to play the next day. You’ve got to let people know, you’ve got to communicate. Mom and Dad work with their child, they need to make sure they are in constant communication with the school if they feel this is an issue,” said Stollings.

Senator Stollings said he wants to make sure that all medical professionals like him, who administer to athletes during games, are protected from excess liability issues.

I think just basically saying that volunteer physicians while at a volunteer event, Friday night football, that you would have coverage by the Board of Risk and Insurance Management,” said Stollings. “I’d like it to be spelled out in statute, that we’re covered, a volunteer physician.

One final requirement of the new guidelines is that when students do suffer a concussion or head injury in a practice or game, a report must be sent from the school to the WVSSAC within 30 days of the injury. The report must state whether an evaluation, done by a medical professional, verifies that a concussion has occurred. This report must also state how many days it’s been between the injury and athlete’s return to competition.

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