Listed below are outlines of some of the
education-related bills that passed during the 2008
legislative session.
Click here for a
printable PDF of the
legislation
Senate Bill 9 – Requires the
state Board of Education to develop a rule for
instruction of Hunter Safety Education programs
in secondary schools. The program is voluntary for
educators and students. Instructors must be
certified by the DNR. The class will be taught
during physical education classes in grades 6 through
12.
Senate Bill 239 - Creates the Senior Citizen Property
Tax Deferment Act, enabling seniors age 65 and older
who occupy their home to apply for deferment of or a
credit against increases in property taxes. Senior
households earning $25,000 or less are eligible to apply
for a refund of any future increase in property taxes.
Senior households earning more than $25,000 are eligible
for tax deferment for the remainder of their life or
until the house is sold. Interest is charged on
the deferred amount. The deferment or credit is
only available when the tax increment is at least $300
or an increase of 10% or more.
Senate Bill 287 – Creates the WV Research Trust Fund
establishes funding for Marshall University and West
Virginia University. To access funding, donations
must first be procured by the institution. Private
donations are earmarked for research projects and
matched dollar for dollar with funding from the Trust.
The budget bill is expected to place $50,000,000 into
the trust fund as a one time appropriation. A
portion of the money derived from investment earnings
and any funds not distributed under this provision may
be made available to state colleges.
Senate Bill 476 –- Allows the state to
purchase employee’s unused sick days at a rate of
25% of his or her daily salary for each day purchased.
A person wishing to sell days must have at least 65
accumulated days and retain at least 50 days. The
employee must remain in employment for at least 5 years
after selling days to avoid the payback requirements set
forth in the legislation.
Senate Bill 573 - Provides pay increases for public
education workers. Under this legislation,
educators receive an across the board pay increase of
$1,600. Support professionals receive an increase
of $70 per month and administrators receive an
additional 1% in increment pay. Higher education
faculty and staff fall under the state budget bill and
are slated to receive 3%. State employee
incremental pay was also increased from $50.00 to $60.00
and will apply to higher education workers.
Senate Bill 595 – Establishes goals, objectives, and
strategies for public and higher education to be
achieved by the year 2020. The legislation
pertains to public education and higher education.
Public education language supports the 21st Century
initiatives of the State Department of Education.
It also includes the promotion of healthy, safe and
responsible behavior in addition to encouraging a
universal pre-kindergarten system. The changes to
higher-education include a study of capital projects and
maintenance.
Senate Bill 606 – Establishes
new language in the State Code that ensures regular,
full-time employees get priority for summer school
positions. The bill did not change seniority
guidelines for the hiring of summer school teachers.
Senate Bill 780 – Cleans-up some of the language in
last year’s grievance bill. The definition of
discrimination was updated to mirror WV Supreme Court
decisions. The most substantial change includes
removing the provision allowing mediation/arbitration
and replacing it with private arbitration.
House Bill 2967 – Creates the optional WV Remembers
Program which provides a forum for students to learn
about military service, patriotism and courage from
volunteer veterans.
House Bill 3215 –After much debate and discussion, house
bill severed ties between community and technical
colleges and four-year institutions. The final
version of the bill also makes salary increases
mandatory when faculty is promoted.
House Bill 4023 – Originated as the Governor’s proposal
for student driver’s license restrictions.
The bill, as passed, ties the privilege of driving to
the following requirements for students: must be
properly enrolled and making progress towards
graduation; may have no more than 10 consecutive or 15
total absences in the current and previous semester; has
not been suspended or expelled under West Virginia safe
schools provisions in the current and previous semester,
and has not been suspended for more than 10 total days
during the current and previous school semesters.
House Bill 4059 – Provides a provision for insulin
dependent bus operators to obtain an intrastate
wavier for a restricted CDL, allowing continued
employment as a bus operator.
House Bill 4117 – Broadens the
eligibility for salary supplements to school
psychologists and school nurses who have obtained a
National Board Certification. The bonus is in
the amount of $2500. The bill adds 15 positions to
the number of recipients eligible for the salary
supplements.
House Bill 4124 – Adds CPR
and first aid instruction to the curriculum for
secondary school health classes taught in grades 6
through 12.
House Bill 4368 - Creates the Bill of Rights and
Responsibilities for students and school personnel.
The legislation also adds a bus operator to the Local
School Improvement Council (LSIC) in addition to
charging the council with examining school discipline
measures, fairness and consistency of discipline and
reporting such to the superintendent. The bill
also adds a student’s removal from a school bus twice in
one semester as an initial trigger for potential
placement of students in alternative education settings.
House Bill 4406 – Mandates the duration of newly
created school bus routes to 30 minutes for
elementary school students, 45 minutes for middle school
students, and 60 minutes for high school students.
However, a thirty minute overage is allowed and waivers
are available for extraneous circumstances from the
State Board.
House Bill 4407 – Requires that all newly purchased
buses are equipped with automatic tire chains.
House Bill 4472 – Requires a County Board of Education
to wait at least 10 days before posting a vacancy
that was created as a result of a death.
House Bill 4478 – Limits mid-year transfers of aides
working one-on-one with students as a result of an
IEP recommendation. Transfers may not occur after
the 5th day of the school term unless the aide does not
possess valid certification or if the County Board deems
it in the best interest of the student. A
one-on-one aide may apply for any posted position, and
assume the position at the beginning of the next
instructional term.
House Bill 4554 – Removes the yearly requirement for
competency testing of bus operators and replaces it
with a biennial test. Substitute bus operators or
those on probationary contracts must be tested annually.
House Bill 4588 – Increases funding to county boards of
education over the next 5 years by $34.5 million.
The legislation adds a total of 668 statewide personnel
positions to the school aid formula. The
bill changes computations from adjusted enrollment to a
net enrollment calculation. The language also
establishes four categories of density based on students
per square mile. These categories are used for
calculating net enrollments and transportation
allotments. Alternative education is funded at $12
per student and the allowance for low student enrollment
is eliminated. State aid calculations will be
performed under the new and old scheme and phase in the
increases by 1/5 the 1st year, 2/5 the 2nd year, 3/5 the
3rd year, 4/5 the 4th year and the full increase in the
5th year. A hold harmless clause protects any
county which is projected to receive less funding during
the 5 year phase-in by providing the same level of
funding provided in the current, 2007-2008 formula.
Tax cuts for business - In addition to educational
legislation, numerous corporate tax giveaway bills were
passed this session. Currently the estimated loss
in revenue will total more than $140 million.