West Virginia Legislature 2019 Story Archives - Page 7 of 7

House Republicans Thwart Move Aimed At Killing Education Omnibus Bill

Updated Tuesday, Feb. 5, 2019 at 5:04 p.m. It didn’t take long for Democrats in the West Virginia House of Delegates to try to derail a long, sweeping and…

Updated Tuesday, Feb. 5, 2019 at 5:04 p.m.

It didn’t take long for Democrats in the West Virginia House of Delegates to try to derail a long, sweeping and controversial education reform bill. The measure, which ties pay raises to charter schools, education savings accounts and other provisions the teachers and the leaders of their unions oppose, saw a motion Tuesday, Feb. 5, that attempted to kill the bill.

The House received the upper chamber’s message on the passage of Senate Bill 451 during a Tuesday floor session.

Del. Isaac Sponaugle, D-Pendleton, noted that public educators and their unions could be on the cusp of what would be the second strike in as many years. He moved to postpone the bill indefinitely.

“We have two options here [about] how we are going to proceed throughout the rest of the session. We can strike a match, set it on fire — we go through what we did last year or we can douse it out right now and put it to an end,” Sponaugle said.

He also outlined various pieces of legislation that have been introduced in the House that individually address the various components of education reform included in Senate Bill 451.

But the House never got to vote on the motion that would have effectively killed the bill.

Majority Leader Amy Summers, R-Taylor, moved to table Sponaugle’s motion.

“On the Senate side, we heard about how this bill was rushed through. Now, we have an opportunity to send it to several committees and we don’t want to do that,” said Summers, referring to Sponaugle’s motion to postpone the bill.

Summers’ motion was adopted on a 52-44 vote. Republican delegates Mark Dean (Mingo), Pat McGeehan (Hancock) Tony Paynter (Wyoming) and Chris Toney (Raleigh) sided with Democrats.

Senate Bill 451 has been referred to the House Education Committee with a second reference to Finance.

House Education Chair Danny Hamrick (R-Harrison) asked members of the chamber to trust him and his committee. Hamrick also promised substantial changes to the measure as it works through the House Education Committee.

“I just ask you to trust me and trust the members of our leadership to make changes that are necessary — to leave the good parts in this bill and maybe remove the parts thatgive us a little bit of heartburn — the members of both parties of this body as we move forward,” Hamrick said on the floor. “Let this bill work through the committee process and, hopefully, by the time it comes out, it’s something that can get bipartisan support.”

Leaders of teacher and service personnel unions confirmed they met with House Speaker Roger Hanshaw (R-Clay) Tuesday regarding Senate Bill 451.

In statements issued before and after the bill’s passage in the upper chamber, Hanshaw reiterated a commitment to pay raises and funding for the Public Employees Insurance Agency.

He also promised a “serious, deliberate look” at the measure as it works its way through the House.

'Omnibus' Education Bill Remains Largely Intact After Lengthy Debate on Amendments

Members of the West Virginia Senate debated Friday a long list of proposed amendments to a sweeping and controversial education reform bill. The measure,…

Members of the West Virginia Senate debated Friday a long list of proposed amendments to a sweeping and controversial education reform bill. The measure, Senate Bill 451, ties school employee pay raises to a long list of provisions public educators oppose. During hours of debate, the bill saw some small, notable changes — but remains largely intact.

Democrats offered a slew of amendments to eliminate provisions of the bill that educators and the leaders of their unions oppose. Those amendments, which all failed on 16-18 votes, were offered individually. They included amendments that sought to strike the bill’s non-severability clause, charter schools, education savings accounts and the ability for county boards of education to raise levy rates to provide for school funding.

But perhaps the most notable was an amendment offered by Democrats that sought to strike the entirety of Senate Bill 451 and replace it with the language that would simply give a pay raise for teachers and service personnel. That proposed amendment failed on a 15-18 vote, with Sen. Bob Plymale, D-Cabell, absent.

Republican Sens. Bill Hamilton and Kenny Mann broke with the majority to side with Democrats on all the downed amendments.

A few amendments, however, were approved. Those amendments, offered by Republicans, include:

Giving classroom teachers a $500 bonus if they have no more than four work absences in a year.
Allowing the governor to appoint members of a commission on charter schools (an earlier version of the bill had allowed the Senate President and House Speaker to do so).
Salary cannot be considered a qualification when conducting a reduction in force.
To be granted an education savings account, total household income must be less than $150,000 annually.
Prior to any regular levy rate increase, such an increase must be approved by a majority vote of the voters of the county.
Outlining a student’s eligibility for an educational savings account based on student performance.

With the bill remaining largely intact, educators and the leaders of the American Federation of Teachers-West Virginia, the West Virginia Education Association and the West Virginia School Service Personnel Association are planning their next steps.
At a news conference earlier Friday, leaders of those unions announced that local chapters of the union will vote this week whether to authorize a work stoppage should the need present itself.

The Senate is expected to hold a final vote on the Senate Bill 451 Monday. If passed, the measure will head to the House of Delegates, where the fate of the bill is unclear.

Senate Holds Marathon Committee Hearing on Education ‘Omnibus’ Bill, Will Resume Thursday

The West Virginia Senate held a more than nine-and-a-half-hour committee meeting Wednesday as an entire body to focus on a long, sweeping and…

The West Virginia Senate held a more than nine-and-a-half-hour committee meeting Wednesday as an entire body to focus on a long, sweeping and controversial education reform bill. The chamber’s 34-member Committee of the Whole was briefed on the measure, questioned counsel and heard presentations from expert witnesses. The committee has yet to move to the amendment stage or send the bill to the full floor for consideration — leaving deliberations to continue Thursday.

The Senate gaveled in at 11 a.m., when Majority Leader Tom Takubo, R-Kanawha, moved to resolve into the Committee of the Whole. A 19-15 roll call vote adopted that motion, with Sen. Bill Hamilton, of Upshur, being the lone Republican to break from the majority in agreeing to bring the committee together for a meeting.

Committee counsel outlined the bill’s provisions noting the bill’s fiscal impact on various state agencies. The total projected cost of the legislation is estimated at well over $200 million, according to fiscal notes from multiple state agencies.

The 133-page committee substitute of Senate Bill 451 has some provisions championed by a majority of public educators and the leaders of their unions, including pay raises for teachers and school service personnel, and a $250 tax credit for educators who purchase school supplies using their own money.

The measure also includes the establishment of public charter schools, education savings accounts, a provision that makes school employees sign off on the deduction of union dues every year, as well as other issues that many West Virginia educators and their unions oppose.

The committee substitute includes some changes to the measure, including:

The removal of a provision related to the teacher-pupil ratio for grades 1 through 6,
Clarifying that all extracurricular activities are not permitted during a work stoppage due to strike, Clarifying that the West Virginia Board of Education has rulemaking authority regarding public charter schools,
Capping the number of education savings accounts to be open at any one time at 2,500
Allowing teachers to exchange every 10 days of accrued sick leave for a $500 bonus upon retirement (instead of exchanging sick leave for healthcare coverage upon retirement, which was a provision in a prior version of the bill).

But as the entire bill was evaluated through questions of committee counsel, Democrats in the Senate took aim at various aspects of the latest version of Senate Bill 451. The minority party focused heavily on the establishment of public charter schools — including teacher certification and overall accountability of those institutions.

Sen. John Unger, D-Berkeley, questioned counsel about certification requirements for teachers at public charter schools. After being told the bill provides no requirements of a bachelor’s degree or high school diploma, Unger continued to press committee staff attorney Hank Hager about what, if any, requirements would exist.

“How about any school at all? I mean — if they were ever in school, whatever — are they required to have any educational requirements?” Unger asked.

Committee counsel then explained that those requirements could be established by the charter school’s governing board.

Sen. Takubo countered Unger’s line of questioning by illustrating that those certification requirements could be established well above those of public schools.

“Is there anything in the bill that would prohibit the charter from having only Ph.D.s teaching or instructing at that school?” Takubo asked.

“No, there’s nothing that would prohibit that,” Hager replied.

Among the other hot-button issues for Democrats is the bill’s non-severability clause, which states that the entire bill would be deemed invalid should a court deem any one of the measure’s provisions unconstitutional.

“I’m just kind of perplexed by it. To me, honestly, it’s just it’s kind of mean-spirited. I think it’s trying to discourage anyone who doesn’t like the bill from from challenging it,” Sen. Corey Palumbo, D-Kanawha, said.

“Normally, I would think that a justification for something like this would be that things are so interrelated. In other words, in this case, public education reform,” Hager told Palumbo, meaning that all aspects of public education reform under the bill would be considered intertwined and inseparable from one another.

As members of the Senate met as the Committee of the Whole, the state Board of Education held an emergency meeting to address Senate Bill 451. Following presentations from speakers, the Board voted on whether to express support or opposition for each of the proposals in the bill. Those votes appear to back the current status of public education in the state and reinforce the positions of many educators, service personnel and union leaders on the bill.

After an evening recess, Senators from both parties called up expert witnesses to testify before the committee.

Democrats called up state leaders of education and service personnel unions — including the West Virginia Education Association, the American Federation of Teachers-West Virginia and the West Virginia School Service Personnel Association — as well as local professionals working in the public school system.

Republicans called proponents of charter schools and school choice from national organizations focused on those issues, including the National Alliance for Public Charter Schools, EdChoice and the Institute for Justice. Local speakers in support of the bill called to testify included a representative from the West Virginia Chamber of Commerce and one parent from Huntington with children of school age.

It’s not clear whether the House of Delegates will support Senate Bill 451.

House Speaker Roger Hanshaw issued a statement Wednesday, indicating no specific position on the lengthy proposal aside from provisions related to teacher and service personnel pay raises and funding for PEIA.

“From the beginning of this session, House leadership has made clear that improving the compensation and benefits for our state’s teachers and school service personnel is a top priority for this legislative session, and our commitment to that goal remains unwavering,” Speaker Hanshaw said in the release.

“We, too, have been following developments in the state Senate, and will deliberately review any legislation they send our way,” Hanshaw added.

With the Senate Committee of the Whole still yet to consider amendments or take any action on the bill, they will reconvene following the Senate-proper’s business conducted during a 9 a.m. Thursday floor session.