Tag: West Virginia Legislature 2019

The West Virginia Senate has adopted an amendment that would allow teachers to be fired or have their pay withheld for going on strike. That change, among others, was made Sunday, June 2, to a long and controversial education reform bill that will be up for a Senate vote Monday.

 

While teachers had a heavy presence at the Capitol Saturday, that show of force was significantly smaller Sunday as lawmakers arrived at the amendment stage for Senate President Mitch Carmichael’s “Student Success Act,” which is now labeled Senate Bill 1039.

 

The bill ties pay raises and more school counseling services to charter schools, a change to how a layoffs would be considered and other proposals opposed by teachers.

 

Amendment that Bans Teacher Strikes Adopted

 

Sen. Charles Trump, R-Morgan, proposed an amendment that makes striking grounds for terminating a teacher and — if such teacher continues to be employed — would allow for the withholding of their pay, prorated for the number of days missed. Additionally, Trump’s amendment would prevent counties from holding extracurricular activities on days when a strike takes place.

 

In the amendment, as well as a speech on the floor, Trump cited a 1990 state Supreme Court case from Jefferson County, which followed a teacher strike that year. The court found that public employees have no right to strike.

 

“Part of the problem that we have to address — I think we have to address, so I hope this body will address — is the way county boards of education enabled work stoppages or strikes in the last two years,” Trump said on the floor, “unlike what the Jefferson County Board of Education did in 1990, and said ‘No, tomorrow’s a school day — we’re having school.’”

 

While some Democrat argued that teachers have made up days missed by a strike, Sen. Mike Woelfel, D-Cabell, questioned Trump how the amendment balances the state Constitution guaranteeing a right to “a thorough and efficient system of education” with First Amendment rights to assemble and petition the government afforded by the United States Constitution.

 

The amendment was adopted on a nearly party line vote, 17-14. Sen. Bill Hamilton, R-Upshur, joined Democrats in opposing the amendment.

 

Republican Sens. Mark Maynard (Wayne) and Kenny Mann (Monroe), and Democratic Sen. Bob Plymale (Wayne) were absent from Sunday’s session.

 

Other Changes to the New Omnibus

 

The Senate adopted three other changes to Senate Bill 1039. Those proposals were all offered by Republicans.

 

One amendment, offered by Sen. Ryan Weld, R-Brooke removed the ability for public higher education institutions to authorize a charter school.

 

Sen. Eric Tarr, R-Putnam, proposed an amendment that would allow county school boards to establish a fund from surpluses that special needs students could use outside of the public school setting.

 

A technical amendment offered by Sen. Patricia Rucker, R-Jefferson, linked up language between Senate Bill 1039 and Senate Bill 1, which provides a “last dollar in” grant program for community and technical colleges and was passed earlier this year.

 

All three of the amendments were adopted on voice votes.

 

County Referendum to Approve Charter Schools Defeated

 

An amendment that would have called on county voters to approve an authorized charter school failed. Sen. Hamilton, who often sides with Democrats on public education issues, offered the proposed change.

 

“My amendment is based on the meetings that we had through our state. We were told time and time again, the public wants charter schools. And another group says the public doesn’t want charter schools,” Hamilton said. “So my amendment is very simple. A charter school, [if] it’s being proposed by any one county, it has to be put on the ballot in the said county where their charter schools proposed.”

 

Rucker, who serves as Senate Education Chair and has also championed charter schools, argued against the amendment.

 

“Although I do applaud the sentiment behind it, and I am in favor of this, of course, the folks being able to voice their position — which is one of the reasons we mandated in this bill — that there will be a public open meeting when considering whether to authorize charter schools,” Rucker said.  “I also want point out that this creates a cost and there’s no clarity as to who is going to take that cost on.

 

Rucker also stated that the charter school provision was written was to empower local school boards and that the legislation entrusts them with that ability.

 

The amendment was defeated on a voice vote.

 

A bill that would establish education savings accounts — a voucher-like program that allows for public funds to be spent on some forms of private education — was read a first time and now advances to the amendment stage.

 

Justice Meets with Senate Caucuses, Expresses Unhappiness with the Education Session

 

Republican Gov. Jim Justice met separately with each of the Senate caucuses before Sunday’s floor session. Justice called the special session on education in March, before the end of the regular session.

 

In speaking to reporters following those meetings, Justice noted some of the issues that public educators have had problems with, including charter schools and how layoffs would be considered under the omnibus bill.

 

Specifically, Justice, who coaches high school girls basketball in Greenbrier County, said he is opposed to the stopping of extracurricular activities during a strike.

 

Generally, though, he expressed unhappiness with how the session has progressed.

 

“I think you have parties that are dug in and I’m not going to be critical or a proponent of either side on this conversation,” Justice said. “I think you’ve got parties that are absolutely dug in. The ‘why?’ — I can’t answer. I can’t really answer the why. But I can tell you that, to me, it’s a shame.”

 

Carmichael said his caucus had a short meeting with the governor that lasted about eight or ten minutes. He took issue with the governor’s stance of not stopping extracurricular activities during a strike.

 

“What message does that send when one can forego academics and training in your education classes and yet go participate in extracurricular activities? That is the wrong message to send,” Carmichael said.

 

Senate Minority Leader Roman Prezioso, D-Marion, described his group’s meeting with the governor as unexpected and also unusual.

 

“Our caucus has never refuse talking to the governor. He’s welcome in our caucus anytime,” Prezioso said. “We told him, ‘We wish you’d show up more and talk to us and try to take charge of this situation.’”

 

Prezioso also said Justice told the Democrats he wished the session would come to a stop.

 

Senate Votes Approaching as House Waits to Reconvene

 

Senate Bill 1039 will be up for a vote Monday in the Senate.

 

A bill allowing for education savings accounts, Senate Bill 1040, will be on second reading.

 

The House of Delegates, which is set to return to action on June 17, will consider what is sent over from the Senate as well as their own education-related proposals.

 

Republican leaders in the West Virginia Senate have rolled out their latest plan for education reform. The 144-page bill, dubbed the “Student Success Act”, was released Friday afternoon by Senate President Mitch Carmichael, R-Jackson.

“This bill boldly incorporates many suggestions and recommendations from the education forums that were held throughout the state,” Carmichael said in a Friday statement. “It reflects the input of teachers, students, and parents. There is widespread recognition that our state’s education system can be improved.”

The education reform measure proposes many of the same ideas included in Senate Bill 451, which failed earlier this year during the regular legislative session. Among those proposals are increased pay for teachers and school service personnel, withholding school employee pay during a strike or work stoppage and the estiablishment of charter schools.

Teachers, school service personnel and the leaders of their unions took issue with charter schools and other proposals included in Senate Bill 451, ultimately striking for two days in February.

New proposals include a digital literacy and internet safety pilot project, mental health training for all teachers and requiring county boards to establish an open enrollment policy.

Carmichael’s latest offering, however, omits education savings accounts — one of the controversial proposals that was included in the upper chamber’s versions of Senate Bill 451.

Earlier this week, minority Democrats in the Senate offered a series of eight bills that are closely based on the findings of a recent report from the West Virginia Department of Education. 

Those bills, introduced Monday during lawmakers’ one-day return to Charleston as part of a special session, include separate proposals for teacher and service personnel salary increases, increased mental health services for students, more focus on technical and vocational training.

“We are grateful for the outstanding suggestions from the minority caucus, and we look forward to working with all parties to advance our shared goal of creating the best education system in America,” Carmichael said Friday in reference to the Democrats’ offerings.

Senate Minority Leader Roman Prezioso, D-Marion, responded to Carmichael’s release of the “Student Success Act by thanking the majority party for considering their series of bills.

“We are encouraged to see the Senate leadership embrace much of our proposed legislation,” Prezioso said. “We know that our ideas will work, and we are happy they agree. We’re very glad to have some common ground to move forward on.”

Prezioso said he and the Senate Democratic caucus are looking forward to reviewing Carmichael’s proposal in its entirety before making further decisions.

Gov. Jim Justice also released a statement Friday commending Carmichael and the rollout of the “Student Success Act.”

“I applaud the state Senate for making a significant move in attempting to create a bipartisan approach to education betterment,”Justice said. “I look forward to continuing to work with all members of the Legislature, the state School Board, and with all citizens of West Virginia in taking steps to make our education system better for students in the Mountain State.” 

Contacted Friday afternoon for comment on the “Student Success Act,” West Virginia Education Association president Dale Lee said he had not yet had time to review it.  

Carmichael and House Speaker Roger Hanshaw, R-Clay, have yet to announce when they will call lawmakers back to Charleston to address education, although a Senate spokeswoman said Carmichael told members of his chamber he’s targeting a return on June 1.

Correction: An earlier version of this story incorrectly stated that charter schools would be limited to four. In fact, public higher education institutions would be limited to authorizing four charter schools. County school boards would not be limited in the number of charter schools they could authorize. 

Issues related to public education lingered heavily in the background — and at times worked their way to the front — of a Monday special session of the West Virginia Legislature.

After teachers and service personnel in West Virginia went on a two-day strike over a controversial omnibus reform bill earlier this year, Gov. Jim Justice summoned lawmakers to address public education. Republican leaders in the House and Senate have not yet agreed on a path forward on “education betterment,” the term Justice used when he first made the special session call.

Justice amended that call to include 17 bills he vetoed on technical grounds. He also added 14 supplemental appropriation measures to various state agencies.

Over the course of nearly five hours, lawmakers made their way through 31 of the 33 items on the amended call — leaving only a bill that pays for the session and legislation related to public education.

But that didn’t stop Democrats in the minority from trying, but failing, to push forward with their agenda on the matter.

Senate Democrats Introduce Education Bills, Fail to Get Traction

At a news conference before Monday’s floor sessions, Senate Democrats outlined eight pieces of legislation they had prepared to be introduced. They described the proposals as “non-controversial.”

Their agenda echoes a recent report the West Virginia Department of Education, which compiles comments from 17,000 people across the state, collected during a series of public forums and online. That report calls for more mental health services for students, an increased focus on vocational and technical schools and more local administrative flexibility, among other proposals.

Upon introduction, seven of the bills were referred to the Senate Education Committee. The eighth — which deals with mental health services — was sent to the chamber’s Finance Committee.

Senate Minority Leader Roman Prezioso (D-Marion) moved to bring Senate Bill 1029 out of committee and straight to the floor. The measure calls for an average five percent pay raise for teachers and school service personnel.

Gov. Justice and Republican leaders had promised those raises before the 2018 midterm election and throughout the regular session. The upcoming fiscal year’s budget has those salary hikes earmarked.

Asked by Sen. Mike Woelfel (D-Cabell) when lawmakers would address education issues, Senate Majority Leader Tom Takubo (R-Kanawha) said he was unsure of an exact date.

Prezioso’s motion failed on a 15-17 vote, with Republican Sens. Hamilton (Upshur) and Mann (Monroe) joining Democrats. The Republicans repeatedly broke from their party throughout the regular session on education related issues.

 

“We are disappointed, but not surprised,” Prezioso said in a statement. “We put in the effort to come up with good, reasonable ideas that will improve education in our state. It’s a pity that the Republicans won’t read them.”

Senate President Mitch Carmichael (R-Jackson) has said he plans to roll the Democrats’ plan into a larger education reform package that is expected to include school choice proposals such as charter schools and education savings accounts.

Following Monday’s session, Carmichael said he felt the Legislature was efficient in its one-day return for work and that his caucus’ education reform package will be unveiled soon.

“We are nearly complete with the assimilation of the data from the Department of Education, all the outreach committees that we put together — and we’re nearly complete on that assimilation,” Carmichael said.

Carmichael said his plan is to release a package — that takes into consideration ideas brought forth by Democrats (many of which were included in a failed omnibus bill during the regular session known as Senate Bill 415), but also adding school choice proposals such as charter schools and education savings accounts — at least a week ahead of lawmakers’ next return to Charleston.

“We don’t think there’s a moment to waste,” he said.

House of Delegates Splits Chamber into Four Select Committees

Through House Resolution 101, the House of Delegates authorized four select committees on education — with all delegates, except for House Speaker Roger Hanshaw, to be split amongst the committees — for the remainder of the special session.

 

The resolution was adopted on a 79-18 vote, with all opposed being Democrats.

 

“With the Legislature anticipated to return soon to continue the special session goal of ‘education betterment,’ the Speaker wants to maximize lawmakers’ input in this process,” House spokesman Jared Hunt said Monday. “With all delegates expected to be in Charleston and paid during this session, the Speaker wants to make sure they are working and actively participating in this process while they are here.”

 

During the Monday afternoon floor session, Speaker Hanshaw referred nine bills introduced to the various select committees on education, which have respectively been named A, B, C and D.

 

Seven of those bills — introduced by Del. Sean Hornbuckle (D-Cabell) and other Democrats — mirror the efforts outlined earlier in the day by their counterparts in the Senate. The other two, sponsored by Del. Roy Cooper (R-Summers), relate to the school calendar and testing as well as providing a bonus for teachers who instruct in areas of critical need, such as math and special education.

 

House Minority Leader Tim Miley (D-Harrison) said he welcomes the select committees tasked with evaluating the various bills.

 

“Education reform is an important issue and all members of the Legislature should be engaged in developing the policies that will shape the future of our state’s education system,” Miley said. “I look forward to getting to work to review education policy proposals in a bipartisan manner.”

Hunt said delegates will meet to examine the education bills the next time Hanshaw and Carmichael call their members back to work, which is expected in the coming weeks and before the next round of interim meetings scheduled for June 17 and 18.

Gov. Jim Justice has called a special session to begin as soon as the 60-day regular legislative session ends Saturday. According to the governor, the special session will focus on “education betterment” with focus on a promised pay raise for teachers and service personnel, as well other aspects of the public education system.

Justice said in a news release that the Legislature will begin the special session immediately, but also take a recess. He said he wants lawmakers to return home to hear the suggestions of teachers, parents, community leaders and others invested in public education.

                                                                                                                                                                                                                                                                                                                                 

His main priority is an average 5 percent pay raise for teachers and school service personnel. Justice, along with Republican legislative leaders, promised those salary increases in October — ahead of the 2018 midterm elections. Justice also called for those pay raises during his State of the State Address on the first day of the legislative session on Jan. 9.

“I know our legislators, education community, and the people of West Virginia want our education system to be better and believe that our employees deserve a raise, so you have my word that we will get it done,” Justice said in the news release.  

With Saturday marking the end of session, Justice said it became “very clear” to him that lawmakers won’t accomplish the pay raises in time. However, he said, there is time to do so before the start of the next fiscal year, which begins on July 1.

The House of Delegates passed the teacher and service personnel pay raises within House Bill 2730. But Republican leadership in the Senate has yet to move on the measure.

Senate Finance Chair Craig Blair, R-Berkeley, said Wednesday those raises aren’t entirely off the table, but implied they weren’t his main priority.

“We’re making sure that people that didn’t strike the session — while we were trying to work — are receiving the pay raises that we said that we’d give,” Blair said.

Blair said that he would still like to implement some aspects of education reform — like charter schools and education savings accounts — that failed earlier this session.

Senate Democrats have tried, but failed, to move forward on pay raises for teachers and service personnel. Minority Leader Roman Prezioso, D-Marion, said Wednesday he suspected the rasies would force a special session.

“There doesn’t appear to be any resolve,” Prezioso said about those raises in the context of the budget.

Justice also noted in the release his interest in other reforms, including changing the school aid formula to help smaller counties and increasing the number of school nurses, counselors, and psychologists.

“These all deserve adequate time to debate and consider, and a special session with a single focus is the right way to do it,” Justice said.

The 60 Day regular session ends Saturday at midnight.