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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.

Jumpstart Savings Program Is Signed By Governor

Gov. Jim Justice signed into law Friday the West Virginia Jumpstart Savings Program. The program will allow individuals who have gone to a trade or vocational school to save for tools and equipment upon graduation.

HB 2001 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 bill’s lead sponsor was House Speaker Roger Hanshaw, R-Clay, but the initiative was a campaign promise of newly elected West Virginia State Treasurer Riley Moore.

Moore spoke at the governor’s press conference on Friday.

“This is a bill for West Virginians,” Moore said. “Only 25 percent of our population has a college degree here in the state. This is for the 75 percent that do not. And we’re very excited to get this program rolling out.”

Moore said the program will help alleviate financial barriers to getting supplies for a career and help bolster West Virginia’s labor force.

Investments in these savings accounts can be used to pay for tools, certifications, licenses and business startup costs.

The bill requires an initial $25 deposit to open an account.

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

The bill will go into effect 90 days from passage on June 9.

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.

House Passes Charter School, Jumpstart Bills

The West Virginia House of Delegates has passed two much-watched education bills in the second week of this year’s state legislative session.

HB 2012 would increase the number of public charter schools permitted in the state. The bill allows for up to 10 public charter schools to be established over a three-year period — seven more schools than what’s currently in state code. The bill also allows for virtual public charter schools, among other things.

West Virginia, which passed a public charter schools law in 2019, does not yet have any charters.

Democratic members of the chamber voiced concerns that establishing public charters, will steer funding away from traditional public schools, which they argue should receive more support, not less.

“I know that’s not the intent, but that will be the consequence as these children are pulled out and monies are taken from the public schools,” said Del. Ric Griffith, D-Wayne. “[Traditional public schools’] bills will remain the same, their overhead will remain the same, but their ability to serve the remaining children will be diminished.”

Del. Ed Evans, D-McDowell, agreed with Griffith’s concerns. “I can’t help but wonder how wonderful our public schools would be if we were to put the same amount of enthusiasm into them as we are into creating this charter school,” Evans said.

Other Democratic members expressed concerns that virtual charter schools will create unfair advantages for certain students. Particularly, Democrats argued some students in rural areas, where access to the internet is not always reliable, would be left out.

“This virtual school provision of the bill, I have some serious concerns,” said Del. Cody Thompson, D-Randolph. “Because we’re essentially going to be creating inequity in education. Inequity, in that the infrastructure is not there. So, we’re going to tell kids who live in the more rural parts of the county, or where there’s not broadband access, that you cannot partake in this.”

Del. Cody Thompson, D-Randolph, speaks in opposition to HB 2012 during a House floor session on Feb. 16, 2021.

House Education Chair Joe Ellington, a Republican from Mercer County, was the only delegate who stood to speak in favor of the proposed legislation. He argued the bill expands options for families, especially with the virtual option.

“This bill gives choice,” Ellington said. “[It] gives opportunity, because some kids did well on virtual. They may be perfect for this type of setting. That’s where their parents have to decide if that’s what’s good for them … But I think, you know, we have to start somewhere. Just because we don’t have everything in place [with broadband infrastructure], doesn’t mean we can’t start somewhere.”

Ellington also pointed out how the needs of each county is different.

“We’re a diverse state. We have different geographic regions that have different needs. This just gives opportunity,” he said. “If people don’t want to take advantage of that opportunity, they don’t have to. So, it’s strictly voluntary.”

The bill passed 66 to 32. All Democrats voted to reject the bill. HB 2012 now heads to the Senate for its consideration.

The House also passed another bill in Tuesday’s floor session — one that would establish investment accounts for vocational and trade students, similar to college savings accounts.

HB 2001 would create the West Virginia Jumpstart Savings Program. The program would permit a tax-free savings plan for individuals working in trades such as welding or electrical work.

Investments in these savings accounts could be used to pay for tools, equipment, certifications, apprenticeships, expenses or supplies needed for a trade or occupation. The bill requires an initial $25 deposit to open an account.

Although the lead sponsor of the bill is House Speaker Roger Hanshaw, R-Clay, the initiative was a campaign promise of newly elected West Virginia State Treasurer Riley Moore.

“This is a tremendous bipartisan show of support for our Jumpstart Savings Plan, which I firmly believe will help us build up our labor force here in West Virginia,” Moore said in a press release. “This savings plan will benefit countless future workers in our state by empowering them and removing a final barrier to entry to the workforce. I look forward to working with our Senate colleagues to get this bill to the governor’s desk.”

The bill passed the House chamber 96 to 0 and now heads to the Senate for further consideration.

In First Week, Legislature Considers Bills Related To Charter Schools, Education Savings Accounts And More

Members of the West Virginia Legislature kicked off the first week of the 2021 session introducing a flurry of education bills — 83 total.

As of Saturday, 64 bills have been introduced dedicated to K-12 education, 16 bills related to higher education, and three bills aimed at education generally.

W.Va. Jumpstart Savings Program

The Jumpstart Savings Program, HB 2001, is an initiative coined by newly elected West Virginia State Treasurer Riley Moore. This program was one of his top three campaign promises. The bill, whose lead sponsor is House Speaker Roger Hanshaw, R-Clay, would create a tax-free savings plan for individuals working in trades such as welding or electrical work. Investments in these savings accounts could be used to pay for tools, equipment, certifications, apprenticeships, expenses or supplies needed for a trade or occupation, or to open an approved business.

“We would be the first state in the country,” Moore told the House Education Committee last week. “We feel very strongly that this would be a real model, in terms of how state government could help incentivize labor and small business growth, and really the working individuals of not only our state, but our country. So, it’s actually a really exciting opportunity.”

West Virginia State Treasurer Riley Moore answers questions pertaining to the West Virginia Jumpstart Saving Program during a meeting of the House Education Committee on Feb. 11, 2021.

Del. Sean Hornbuckle, D-Cabell, minority chair of House Education, offered an amendment that was approved by the committee. The amendment lowers the initial deposit requirement to start a Jumpstart account from $50 to $25.

“I just want to make sure that we’re affording more people the opportunity to start something like this — saving and investing,” Hornbuckle said. “They are hard principles to come by, especially for some of our population. A lot of it is actually just habit-building, so I don’t want to block anyone out. And I think that by lowering it to $25 from $50, it would encourage more people to get started.”

Hornbuckle also offered an amendment to expand the savings account to aid in transportation and childcare needs, but this amendment failed.

Minority Chair of House Education Del. Sean Hornbuckle, D-Cabell, asks questions during a House Education Committee meeting on Feb. 11, 2021.

The bill passed unanimously out of committee and was reported to the full House. It could be up for a vote by the full chamber as early as Tuesday.

Charter School Expansion

Another bill passed by the same committee was HB 2012, which expands on the current public charter school law in West Virginia.

The expansion would allow for up to 10 charters to be established in the state over a three-year period, and it would permit the state to also establish virtual charter schools. It would also approve the creation of a dispute option for charters. If an authorizer (which in West Virginia means a county school board) finds that a charter school is not living up to its contract, it wouldn’t be shut down immediately but given time to address those issues. If concerns continued after a five-year period, the county board could opt not to renew the school’s charter contract.

The bill also creates some checks and balances. An audit must be performed by the legislative auditor on the Public Charter School Program two years after the first public charter school is established. Those findings must then be reported to the Legislative Oversight Commission on Education Accountability, or LOCEA, which is a bi-partisan joint committee made up of House and Senate members. Additionally, the state school board must report on the status of the state’s public charter schools to LOCEA by Nov. 1, 2022 and every three years after that.

Virtual public charter schools would be held to the same requirements, but the governing body of the virtual charter must undergo at least one training per year “related to appropriate oversight of the virtual public charter school,” according to the bill. Families would not be eligible for the virtual charter school option, however, if they cannot afford internet or adequate devices.

In committee, there was some back-and-forth between three Democratic lawmakers and the committee’s counsel, but no amendments were adopted, nor was there any discussion on the bill itself.

Del. Ed Evans, D-McDowell, a retired science teacher, voiced concerns about ensuring charter schools would be held accountable and have oversight.

“I just want to make sure that we are monitoring, you know, progress,” Evans said. “If a local school system is failing, the state board steps in and does some adjustments, and if things continue to be bad, that they’re going to take that system over.”

The subject of public charter schools in West Virginia has long been debated at the statehouse. Teacher unions do not like the idea of public charter schools, because they are concerned charters will take funding away from traditional public schools. They argue that more funding and aid should be dedicated to and focused on traditional public schools to help them improve and grow.

Supporters of charters, however, argue that the traditional public model has failed West Virginia, and parents want more options for their children.

Last fall, there was an attempt to establish what would have been West Virginia’s first public charter school that would have served both Monongalia and Preston counties. The attempt failed, however, after both county school boards rejected the application.

HB 2012 will be on the amendment stage in the House of Delegates on Monday and could be passed out of the chamber as early as Tuesday this week.

Encouraging Teachers To Get Master’s Degrees

The third education bill that was considered in committee last week and is already on the floor in its respective chamber is SB 15, which relates to in-field master’s degrees.

The bill will be on first reading Monday in the Senate.

The bill prohibits teachers from receiving a pay increase “for any education level above A.B. plus 15” unless they have received a master’s degree that directly connects to their field. This would not affect teachers who are currently teaching and have already received a master’s degree, regardless of field.

The intent is to encourage teachers to pursue master’s degrees in the subjects they teach to help strengthen their effectiveness — and receive a salary boost for doing so.

Sen. Amy Grady, R-Mason, who is a school teacher, spoke in support of the bill.

“This seems to me as an incentive to keep quality teachers teaching in the classroom,” Grady said. “Because a lot of times what [teachers] do is they’ll get their administrative degree, and then they’ll move into administration to get that step increase … [but] they get the step increase based on getting a master’s or further certification in a field that makes them be a more effective teacher. I think it’s a good incentive.”

Sen. Amy Grady, R-Mason, asks questions during a Senate Education Committee meeting on Feb. 13, 2021. Grady is a school teacher whose seat in the Senate was formerly held by Senate President Mitch Carmichael.

SB 13 passed without amendment or opposing votes and will be on first reading in the Senate chamber on Monday.

Hope Scholarship Program

HB 2013 would create the Hope Scholarship Program, which allows for the establishment of education savings accounts, or ESAs. It passed out of the House Education Committee last week and then out of the House Finance Committee on Saturday.

The issue of education savings accounts has been a source of contention in recent years in West Virginia.

The Hope Scholarship Program would allow eligible families to have access to public dollars to help support them in school. The education savings accounts could be used by students attending private schools, private religious schools or being homeschooled.

The money could be used in multiple ways: as tuition and fees at a participating school; for tutoring services; to pay for nationally standardized assessments; to pay for Advanced Placement examinations or any examinations related to college or university admission; for alternative education programs; and for fees for after-school or summer education programs and more.

Del. John Doyle, D-Jefferson, expressed concern in committee and voted to reject the bill.

“I think it lacks accountability in terms of how this public money is going to be spent,” Doyle said. “I know that a significant attempt has been made in writing to be able to come up with that accountability, but I don’t think we’ve got there … I think it doesn’t take into account sufficiently for low-income people or for rural people. And I think it discriminates geographically, among other ways, because almost all the private schools in the state are only in a few counties, and I think the provisions regarding discrimination are just way too loose.”

But Jefferson County Republican Wayne Clark spoke in favor of the bill, saying it would help students succeed.

“This is not a private school bill, this is homeschool,” Clark said. “This is additional tutoring services for kids who may be dysfunctional. I think this is a great thing for the state of West Virginia. It gives every kid in the state an option, whether it’s from homeschool, whether it’s private school, whether it’s virtual school — it gives every kid in the state of West Virginia an option to better their education.”

The bill is expected to be on first reading sometime this week.