DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 1 SB451 HFIN AM to AM 2 The Committee on Finance moves to amend the amendment of the Committee on 3 Education on page one, line three, following the words “the following” and the colon, by striking 4 out the remainder of the bill and inserting in lieu thereof the following: CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE T GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, AF COMMISSIONS, OFFICES, PROGRAMS, ETC. ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT. §5-16-2. Definitions. 1 2 The following words and phrases as used in this article, unless a different meaning is clearly indicated by the context, have the following meanings: 3 (1) “Agency” means the Public Employees Insurance Agency created by this article. 4 (2) “Director” means the Director of the Public Employees Insurance Agency created by this article. R 5 (3) “Employee” means any person, including an elected officer, who works regularly full- 7 time in the service of the State of West Virginia and, for the purpose of this article only, the term 8 “employee” also means any person, including an elected officer, who works regularly full-time in 9 the service of a county board of education; a public charter school established pursuant to §18- 10 5G-1 et seq. of this code if the charter school includes in its approved charter application a 11 determination to participate in the Public Employees Insurance program; a county, city, or town 12 in the State; any separate corporation or instrumentality established by one or more counties, 13 cities, or towns, as permitted by law; any corporation or instrumentality supported in most part by 14 counties, cities, or towns; any public corporation charged by law with the performance of a D 6 1 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE governmental function and whose jurisdiction is coextensive with one or more counties, cities, or 16 towns; any comprehensive community mental health center or comprehensive mental 17 retardation intellectually and developmentally disabled facility established, operated, or licensed 18 by the Secretary of Health and Human Resources pursuant to §27-2A-1 of this code and which 19 is supported in part by state, county, or municipal funds; any person who works regularly full-time 20 in the service of the Higher Education Policy Commission, the West Virginia Council for 21 Community and Technical College Education or a governing board, as defined in §18B-1-2 of this 22 code; any person who works regularly full-time in the service of a combined city-county health 23 department created pursuant to §16-2-1 et seq. of this code; any person designated as a 21st 24 Century Learner Fellow pursuant to §18A-3-11 of this code; and any person who works as a long- 25 term substitute as defined in §18A-1-1 of this code in the service of a county board of 26 education: Provided, That a long-term substitute who is continuously employed for at least 133 27 instructional days during an instructional term, and, until the end of that instructional term, is 28 eligible for the benefits provided in this article until September 1 following that instructional 29 term: Provided, however, That a long-term substitute employed fewer than 133 instructional days 30 during an instructional term is eligible for the benefits provided in this article only during such time R AF T 15 as he or she is actually employed as a long-term substitute. On and after January 1, 1994, and 32 upon election by a county board of education to allow elected board members to participate in the 33 Public Employees Insurance Program pursuant to this article, any person elected to a county 34 board of education shall be considered to be an “employee” during the term of office of the elected 35 member. Upon election by the state Board of Education to allow appointed board members to 36 participate in the Public Employees Insurance Program pursuant to this article, any person 37 appointed to the state Board of Education is considered an “employee” during the term of office 38 of the appointed member: Provided further, That the elected member of a county board of 39 education and the appointed member of the state Board of Education shall pay the entire cost of 40 the premium if he or she elects to be covered under this article. Any matters of doubt as to who D 31 2 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 41 42 43 is an employee within the meaning of this article shall be decided by the director. On or after July 1, 1997, a person shall be considered an “employee” if that person meets the following criteria: 44 (A) Participates in a job-sharing arrangement as defined in §18A-1-1 of this code; 45 (B) Has been designated, in writing, by all other participants in that job-sharing arrangement as the “employee” for purposes of this section; and T 46 (C) Works at least one-third of the time required for a full-time employee. 48 (4) “Employer” means the State of West Virginia, its boards, agencies, commissions, 49 departments, institutions, or spending units; a county board of education; a public charter school 50 established pursuant to §18-5G-1 et seq. of this code if the charter school includes in its approved 51 charter application a determination to participate in the Public Employees Insurance Agency 52 program; a county, city, or town in the state; any separate corporation or instrumentality 53 established by one or more counties, cities, or towns, as permitted by law; any corporation or 54 instrumentality supported in most part by counties, cities, or towns; any public corporation charged 55 by law with the performance of a governmental function and whose jurisdiction is coextensive with 56 one or more counties, cities or towns; any comprehensive community mental health center or R AF 47 comprehensive mental retardation intellectually and developmentally disabled facility established, 58 operated or licensed by the Secretary of Health and Human Resources pursuant to §27-2A-1 of 59 this code and which is supported in part by state, county or municipal funds; a combined city- 60 county health department created pursuant to §16-2-1 et seq. of this code; and a corporation 61 meeting the description set forth in §18B-12-3 of this code that is employing a 21st Century 62 Learner Fellow pursuant to §18A-3-11 of this code but the corporation is not considered an 63 employer with respect to any employee other than a 21st Century Learner Fellow. Any matters of 64 doubt as to who is an “employer” within the meaning of this article shall be decided by the director. 65 The term “employer” does not include within its meaning the National Guard. D 57 66 (5) “Finance board” means the Public Employees Insurance Agency finance board created 3 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 67 by this article. 68 (6) “Person” means any individual, company, association, organization, corporation or 69 other legal entity, including, but not limited to, hospital, medical or dental service corporations; 70 health maintenance organizations or similar organization providing prepaid health benefits; or 71 individuals entitled to benefits under the provisions of this article. 73 (7) “Plan”, unless the context indicates otherwise, means the medical indemnity plan, the T 72 managed care plan option or the group life insurance plan offered by the agency. (8) “Retired employee” means an employee of the state who retired after April 29, 1971, 75 and an employee of the Higher Education Policy Commission, the Council for Community and 76 Technical College Education, a state institution of higher education or a county board of education 77 who retires on or after April 21, 1972, and all additional eligible employees who retire on or after 78 the effective date of this article, meet the minimum eligibility requirements for their respective 79 state retirement system and whose last employer immediately prior to retirement under the state 80 retirement system is a participating employer in the state retirement system and in the Public 81 Employees Insurance Agency: Provided, That for the purposes of this article, the employees who 82 are not covered by a state retirement system, but who are covered by a state-approved or state- R AF 74 contracted retirement program or a system approved by the director, shall, in the case of 84 education employees, meet the minimum eligibility requirements of the State Teachers 85 Retirement System and in all other cases, meet the minimum eligibility requirements of the Public 86 Employees Retirement System and may participate in the Public Employees Insurance Agency 87 as retired employees upon terms as the director sets by rule as authorized in this article. 88 Employers with employees who are, or who are eligible to become, retired employees under this 89 article shall be mandatory participants in the Retiree Health Benefit Trust Fund created pursuant 90 to 5-16D-1 et seq. of this code. Nonstate employers may opt out of the West Virginia other post- 91 employment benefits plan of the Retiree Health Benefit Trust Fund and elect to not provide 92 benefits under the Public Employees Insurance Agency to retirees of the nonstate employer, but D 83 4 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE may do so only upon the written certification, under oath, of an authorized officer of the employer 94 that the employer has no employees who are, or who are eligible to become, retired employees 95 and that the employer will defend and hold harmless the Public Employees Insurance Agency 96 from any claim by one of the employer's past, present or future employees for eligibility to 97 participate in the Public Employees Insurance Agency as a retired employee. As a matter of law, 98 the Public Employees Insurance Agency shall not be liable in any respect to provide plan benefits 99 to a retired employee of a nonstate employer which has opted out of the West Virginia other post- 100 T 93 employment benefits plan of the Retiree Health Benefit Trust Fund pursuant to this section. §5-16-22. Permissive participation; exemptions. The provisions of this article are not mandatory upon any employee or employer who is 2 not an employee of or is not the State of West Virginia, its boards, agencies, commissions, 3 departments, institutions or spending units, or a county board of education, and nothing contained 4 in this article compels any employee or employer to enroll in or subscribe to any insurance plan 5 authorized by the provisions of this article: Provided, That nothing in this section requires a public 6 charter school to participate in the Public Employees Insurance Agency program. Those employees enrolled in the insurance program authorized under the provisions of R 7 AF 1 §21A-2B-1 et seq. of this code are not required to enroll in or subscribe to an insurance plan or 9 plans authorized by the provisions of this article, and the employees of any department which has 10 an existing insurance program for its employees to which the government of the United States 11 contributes any part or all of the premium or cost of the premium may be exempted from the 12 provisions of this article. Any employee or employer exempted under the provisions of this 13 paragraph may enroll in any insurance program authorized by the provisions of this article at any 14 time, to the same extent as any other qualified employee or employer, but employee or employer 15 may not remain enrolled in both programs. D 8 16 Any plan established or administered by the Public Employees Insurance Agency 17 pursuant to this article is exempt from the provisions of chapter thirty-three of this code unless 5 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 18 explicitly stated. Notwithstanding any provision of this code to the contrary, the Public Employees 19 Insurance Agency is not an insurer or engaged in the business of insurance as defined in chapter 20 thirty-three of this code. Employers, other than the State of West Virginia, its boards, agencies, commissions, 22 departments, institutions, spending units, or a county board of education are exempt from 23 participating in the insurance program provided for by the provisions of this article unless 24 participation by the employer has been approved by a majority vote of the employer’s governing 25 body. It is the duty of the clerk or secretary of the governing body of an employer who by majority 26 vote becomes a participant in the insurance program to notify the director not later than 10 days 27 after the vote. AF T 21 Any employer, whether the employer participates in the Public Employees Insurance 29 Agency insurance program as a group or not, which has retired employees, their dependents or 30 surviving dependents of deceased retired employees who participate in the Public Employees 31 Insurance Agency insurance program as authorized by this article, shall pay to the agency the 32 same contribution toward the cost of coverage for its retired employees, their dependents or 33 surviving dependents of deceased retired employees as the State of West Virginia, its boards, R 28 agencies, commissions, departments, institutions, spending units, or a county board of 35 education pay for their retired employees, their dependents and surviving dependents of 36 deceased retired employees, as determined by the finance board: Provided, That after June 30, 37 1996, an employer not mandated to participate in the plan is only required to pay a contribution 38 toward the cost of coverage for its retired employees, their dependents or the surviving 39 dependents of deceased retired employees who elect coverage when the retired employee 40 participated in the plan as an active employee of the employer for at least five years: Provided, 41 however, That those retired employees of an employer not participating in the plan who retire on 42 or after July 1, 2010, who have participated in the plan as active employees of the employer for 43 less than five years are responsible for the entire premium cost for coverage and the Public D 34 6 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 44 Employees Insurance Agency shall bill for and collect the entire premium from the retired 45 employees, unless the employer elects to pay the employer share of the premium. Each employer 46 is hereby authorized and required to budget for and make such payments as are required by this 47 section. CHAPTER 11. TAXATION. T ARTICLE 8. LEVIES. §11-8-6f. Regular school board levy rate; creation and implementation of Growth County School Facilities Act; creation of Growth County School Facilities Act Fund. (a) Notwithstanding any other provision of law except §11-8-6f(c) of this code, where any 2 annual appraisal, triennial appraisal, or general valuation of property would produce a statewide 3 aggregate assessment that would cause an increase of two percent or more in the total property 4 tax revenues that would be realized were the then current regular levy rates of the county boards 5 of education to be imposed, the rate of levy for county boards of education shall be reduced 6 uniformly statewide and proportionately for all classes of property for the forthcoming tax year so 7 as to cause the rate of levy to produce no more than 102 percent of the previous year’s projected 8 statewide aggregate property tax revenues from extending the county board of education levy 9 rate, unless subsection (b) of this section is complied with. The reduced rates of levy shall be 10 calculated in the following manner: (1) The total assessed value of each class of property as it is 11 defined by section five of this article for the assessment period just concluded shall be reduced D R AF 1 12 by deducting the total assessed value of newly created properties not assessed in the previous 13 year’s tax book for each class of property; (2) the resulting net assessed value of Class I property 14 shall be multiplied by .01; the value of Class II by .02; and the values of Classes III and IV, each 15 by .04; (3) total the current year’s property tax revenue resulting from regular levies for the boards 16 of education throughout this state and multiply the resulting sum by one hundred two percent: 17 Provided, That the 102 percent figure shall be increased by the amount the boards of education's 7 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE increased levy provided for in subsection (b), section eight, article one-c of this chapter; (4) divide 19 the total regular levy tax revenues, thus increased in subdivision (3) of this subsection, by the 20 total weighted net assessed value as calculated in subdivision (2) of this subsection and multiply 21 the resulting product by 100; the resulting number is the Class I regular levy rate, stated as cents- 22 per-100 of assessed value; and (5) the Class II rate is two times the Class I rate; Classes III and 23 IV, four times the Class I rate as calculated in the preceding subdivision. T 18 An additional appraisal or valuation due to new construction or improvements, including 25 beginning recovery of natural resources, to existing real property or newly acquired personal 26 property shall not be an annual appraisal or general valuation within the meaning of this section, 27 nor shall the assessed value of the improvements be included in calculating the new tax levy for 28 purposes of this section. Special levies shall not be included in any calculations under this section. 29 (b) After conducting a public hearing, the Legislature may, by act, increase the rate above 30 the reduced rate required in subsection (a) of this section if an increase is determined to be 31 necessary. AF 24 (c) Beginning with the 2020 fiscal year and the 2019 tax year, §11-8-6f(a) and (b) of this 33 code shall expire and the regular levy rates for the county boards of education shall be the R 32 following: (1) For Class I property, 19.4 cents per $100; (2) for Class II property, 38.8 cents per 35 $100; and (3) for Class III and Class IV property, 77.6 cents per $100: Provided, That county 36 boards of education may increase their regular levy rates through a majority vote of their members 37 up to the sum of the levy rates set forth in subdivisions (1), (2), and (3), section six-c of this article 38 for each class of property, which are: (1) For Class I property, 22.95 cents per $100; (2) for Class 39 II property, 45.9 cents per $100; and (3) for Class III and Class IV property, 91.8 cents per $100: 40 Provided, however, That prior to any regular levy rate increase, such increase must be approved 41 by a majority vote of the voters of the county. D 34 42 (c) (d) The State Tax Commissioner shall report to the Joint Committee on Government 43 and Finance and the Legislative Oversight Commission on Education Accountability by March 1 8 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE of each year on the progress of assessors in each county in assessing properties at the 45 Constitutionally required 60 percent of market value and the effects of increasing the limit on the 46 increase in total property tax revenues set forth in this section to two percent. 47 (d) (e) Growth County School Facilities Act. -– Legislative findings. -– 48 The Legislature finds and declares that there has been, overall, a statewide decline in 49 enrollment in the public schools of this state; due to this decline, most public schools have ample 50 space for students, teachers, and administrators; however, some counties of this state have 51 experienced significant increases in enrollment due to significant growth in those counties; that 52 those counties experiencing significant increases do not have adequate facilities to accommodate 53 students, teachers, and administrators. Therefore, the Legislature finds that county boards of 54 education in those high-growth counties should have the authority to designate revenues 55 generated from the application of the regular school board levy due to new construction or 56 improvements placed in a Growth County School Facilities Act Fund be used for school facilities 57 in those counties to promote the best interests of this state's students. AF T 44 (1) For the purposes of this subsection, “growth county” means any county that has 59 experienced an increase in second month net enrollment of 50 or more during any three of the R 58 60 last five years, as determined by the state Department of Education. (2) The provisions of this subsection shall only apply to any growth county, as defined in 62 subdivision (1) of this subsection, that, by resolution of its county board of education, chooses to 63 use the provisions of this subsection. D 61 64 (3) For any growth county, as defined in subdivision (1) of this subsection, that adopts a 65 resolution choosing to use the provisions of this subsection, pursuant to subdivision (2) of this 66 subsection, assessed values resulting from additional appraisal or valuation due to new 67 construction or improvements to existing real property shall be designated as new property values 68 and identified by the county assessor. The statewide regular school board levy rate as established 69 by the Legislature shall be applied to the assessed value designated as new property values and 9 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE the resulting property tax revenues collected from application of the regular school board levy rate 71 shall be placed in a separate account designated as the Growth County School Facilities Act 72 Fund. Revenues deposited in the Growth County School Facilities Act Fund shall be appropriated 73 by the county board of education for construction, maintenance or repair of school facilities. 74 Revenues in the fund may be carried over for an indefinite length of time and may be used as 75 matching funds for the purpose of obtaining funds from the School Building Authority or for the 76 payment of bonded indebtedness incurred for school facilities. For any growth county choosing 77 to use the provisions of this subsection, estimated school board revenues generated from 78 application of the regular school board levy rate to new property values are not to be considered 79 as local funds for purposes of the computation of local share under the provisions of §18-9A-11 80 of this code. AF T 70 (e) (f) This section, as amended during the legislative session in the year 2004, shall be 82 effective as to any regular levy rate imposed for the county boards of education for taxes due and 83 payable on or after July 1, 2004. If any provision of this section is held invalid, the invalidity shall 84 not affect other provisions or applications of this section which can be given effect without the 85 invalid provision or its application and to this end the provisions of this section are declared to be R 81 86 severable. ARTICLE 21. PERSONAL INCOME TAX. §11-21-25. Education expenses tax credits. (a) Credit allowed. — For those tax years beginning on or after January 1, 2019, there is 2 allowed a nonrefundable credit against taxes imposed by this article for expenditures on qualified 3 educational expenses incurred by a classroom teacher employed by a public or private school 4 and for expenditures on qualified educational expenses incurred by a classroom aide, autism 5 mentor, braille specialist, early childhood classroom assistant, paraprofessional, sign language 6 assistant teacher, educational sign language interpreter or sign support specialist, as those 7 positions are defined in §18A-4-8 of this code employed in a public school or in a comparable D 1 10 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 8 9 10 position in a private school in this state. (b) Amount of credit. — The credit allowed for teachers or service persons specified in subsection (a) of this section shall not exceed $250 annually. (c) Qualifying educational expenses. — Qualifying expenses include costs relating to 12 computer equipment including education-related software and services, textbooks, workbooks, 13 curricula and other written or supplementary materials used for curricular, cocurricular, or extra- 14 curricular instruction and expenses for curricular or cocurricular activities. T 11 (d) Unused credit. — If any credit remains after application of §11-21-25(c) of this code, 16 that amount is forfeited. A carryback to a prior taxable year is not allowed for the amount of any 17 unused portion of any annual credit allowance. AF 15 CHAPTER 18. EDUCATION. ARTICLE 5. COUNTY BOARD OF EDUCATION. §18-5-16. Student transfers; definitions; legislative findings; appeals; calculating net enrollment; fees for transfer. (a) County districts and school attendance. – Establishment of attendance zones within 2 counties. – The county board may divide shall establish attendance zones within the county into 3 such districts as are necessary to determine to designate the schools the that its resident students 4 of its county shall attend. Upon the written request of any parent or guardian, or person legally 5 responsible for any student, or for reasons affecting the best interests of the schools, the D R 1 6 superintendent may transfer students from one school to another within the county. 7 aggrieved person may appeal the decision of the county superintendent to the county board, and 8 the decision of the county board shall be is final. 9 Any (b) Transfers between counties; legislative findings -- 10 (1) Transfers of students from one county to another may be made by the county board of 11 the county in which the student desiring to be transferred resides. The transfer shall be subject to 11 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 12 the approval of both the board of the county in which the student resides and the board to which 13 the student wishes to be transferred. (2) Legislative findings. -- Over the past several years, counties have been forced to close 15 a number of schools because of declining student enrollment. School officials predict that an 16 additional eighteen percent loss in enrollment may occur between 2002 and 2012. This continued 17 decrease in the number of students enrolled in the public schools of the state may result in more 18 instances of consolidation which will increase the problem of long bus rides for students if they 19 remain in a school in their county of residence. T 14 Therefore the Legislature makes the following findings: 21 (A) County lines may impede the effective and efficient delivery of education services; 22 (B) Students often must endure long bus rides to a school within their county of residence 23 24 25 26 when a school in an adjacent county is a fraction of the distance away; (C) The wishes of parents or guardians to have their children transferred to a county other than their county of residence should be considered by the county boards; and (D) Where counties cannot agree, it is necessary to establish a process to determine when transfers are appropriate. R 27 AF 20 28 (3) The state board shall establish a process whereby a parent or guardian of a student 29 may appeal the refusal of a county board to enter into an agreement to transfer or accept the 30 transfer of the student. (A) The process shall designate the state superintendent to hear the appeal. In 32 determining whether to overturn a decision of a county board, the state superintendent shall 33 consider such factors as the following: D 31 34 (i) Travel time for the student; 35 (ii) Impact on levies or bonds; 36 (iii) Other financial impact on the county of residence; and 37 (iv) Such other factors as the state superintendent may determine. 12 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 38 (B) If, during the appeal process, the state superintendent discovers that the education 39 and the welfare of students in the transferring county could be enhanced, the state superintendent 40 may direct that students may be permitted to attend a school in another county. (C) If multiple appeals are received from the same geographical area of a county, the state 42 superintendent may impose on the receiving county restrictions including, but not limited to, 43 requiring the receiving county to accept all students in that geographical area of the sending 44 county who wish to transfer to the receiving county. T 41 (D) If a student is transferred on either a full-time or a part-time basis without the 46 agreement of both boards by official action as reflected in the minutes of their respective meetings 47 and if the student's parent or guardian fails to appeal or loses the appeal under the process 48 established in subdivision (3) of this subsection, the student shall be counted only in the net 49 enrollment of the county in which the student resides. AF 45 50 (4) If, after two county boards have agreed to a transfer arrangement for a student, that 51 student chooses to return to a school in his or her county of residence after the second month of 52 any school year, the following shall apply: (A) The county of residence may issue an invoice to the county from which the student R 53 54 transferred for the amount, determined on a pro rata basis, that the county of residence otherwise 55 would have received under the state basic foundation program established in article nine-a [§§ 56 18-9A-1 et seq.] of this chapter; and (B) The county from which the student transferred shall reimburse the county of residence D 57 58 for the amount of the invoice. 59 (c) Transfers between high schools. -- In any county where a high school is maintained, 60 but topography, impassable roads, long bus rides, or other conditions prevent the practicable 61 transportation of any students to such high school, the board may transfer them to a high school 62 in an adjoining county. In any such case, the county boards may enter into an agreement providing 63 for the payment of the cost of transportation, if any, of the students. 13 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 64 65 (b) Definitions. – For the purposes of this section, unless a different meaning clearly appears from the context: 66 “Nonresident student” means a student who resides in this state and who is enrolled in or 67 is seeking enrollment in a county school district other than the county school district in which the 68 student resides. “Open enrollment” means a policy adopted and implemented by a county board to allow 70 nonresident students to enroll in any school within the district. Open enrollment is distinct from a 71 mutual agreement of two county boards regarding mass transfer of students, as contemplated in 72 §18-5-13(f)(1)(C) of this code. T 69 (c) Enrollment policies. – County boards may establish and implement an open enrollment 74 policy without charging tuition and without obtaining approval from the board of the county in 75 which a student resides and transfers. These policies shall clearly articulate any admission 76 criteria, application procedures, transportation provisions, timelines for open enrollment periods, 77 and restrictions on transfers due to building capacity constraints. Enrollment policies are subject 78 to the following: (1) A county board may give enrollment preference to: R 79 AF 73 (A) Siblings of students already enrolled through the open enrollment policy; 81 (B) Secondary students who have completed tenth grade and, due to family relocation, 82 become nonresident students, but express the desire to remain in a specific school to complete 83 their education; D 80 84 (C) Students who are children, grandchildren, or legal wards of employees; 85 (D) Students whose legal residences, though geographically within another county, are 86 more proximate to a school within the receiving county, whether calculated by miles or 87 transportation time; and 88 (E) Students who reside in a portion of a county where topography, impassable roads, 89 long bus rides, or other conditions prevent the practicable transportation of the student to a school 14 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 90 within the county, and a school within a contiguous county is more easily accessible. 91 (2) A county must comply with all enrollment requirements for children who are in foster 92 care or who meet the definition of unaccompanied youth prescribed in the McKinney-Vento 93 Homeless Assistance Act (42 U.S.C. §11434a(6)). (3) The county board for the county educating the nonresident student may provide an 95 adequate means of transportation to nonresident students when students have complied with the 96 procedure for obtaining authorization to attend school outside their county of residence, subject 97 to the following: T 94 (A) County boards of education are not required to uniformly provide nonresident student 99 transportation, and may consider whether a nonresident student meets the eligibility criteria for 100 free or reduced price lunches and milk established within the Richard B. Russell National School 101 Lunch Act (42 U.S.C. §1758); and AF 98 (B) The county board for the county educating the nonresident student shall provide 103 transportation to and from the school of attendance, or to and from an agreed pickup point on a 104 regular transportation route, or for the total miles traveled each day for the nonresident student to 105 reach the school of enrollment if the nonresident student with disabilities has an individualized R 102 106 education program that specifies that transportation is necessary for fulfillment of the program. (d) Appeal. – The state board of education shall establish a process whereby a parent or 108 guardian of a student may appeal the refusal of a county board to accept the transfer of the 109 student. If during the appeal process, the State Superintendent discovers that the education and 110 the welfare of the student could be enhanced, the State Superintended may direct that the student 111 may be permitted to attend a school in the receiving county. D 107 112 (e) Net enrollment. – For purposes of net enrollment as defined in §18-9A-2 of this code, 113 whenever a student is transferred on a full-time basis from one school district to another district 114 pursuant to the provisions of this section, the county to which the student is transferred shall 115 include the student in its net enrollment, subject to the following: 15 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 116 117 (1) If, after transferring to another county, a student chooses to return to a school in his or her county of residence after the second month of any school year, the following applies: (A) The county of residence may issue an invoice to the county from which the student 119 transferred for the amount, determined on a pro rata basis, that the county of residence otherwise 120 would have received under the state basic foundation program established in §18-9A-1 et seq. of 121 this code; and 122 123 T 118 (B) The county from which the student transferred shall reimburse the county of residence for the amount of the invoice. (c) Transfers between high schools. -- In any county where a high school is maintained, 125 but topography, impassable roads, long bus rides, or other conditions prevent the practicable 126 transportation of any students to such high school, the board may transfer them to a high school 127 in an adjoining county. In any such case, the county boards may enter into an agreement providing 128 for the payment of the cost of transportation, if any, of the students. AF 124 (d) (f) Transfers between states. — Transfer of students from this state to another state 130 shall be upon such terms, including payment of tuition, as shall be mutually agreed upon by the 131 board of the transferring receiving county and the authorities board of the school to or district from R 129 132 which the transfer is made. (e) (g) No parent, guardian, or person acting as parent or guardian shall be is required to 134 pay for the transfer of a student or for the tuition of the student after the transfer when such the 135 transfer is carried out under the terms of this section. D 133 136 137 (h) Nothing in this section supersedes the eligibility requirements for participation in extra- curricular activities established by the Secondary Schools Activities Commission. 138 (i) The amendments to this section during the 2019 regular session of the Legislature shall 139 be effective for school years beginning on or after July 1, 2019, and the provisions of this section 140 existing immediately prior to the 2019 regular session of the Legislature remain in effect for school 141 years beginning prior to July 1, 2019. 16 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE §18-5-16a. Authorization to transfer pupils from one district to another; mandatory transfer; payment of tuition; net enrollment. 1 2 (a) The provisions of this section expire effective July 1, 2019: Provided, That any agreements made pursuant to this section prior to July 1, 2019, shall remain in effect. (b) Whenever, in the opinion of the board of Education of any county, the education and 4 welfare of a pupil will be enhanced, the board of Education of such county shall have the authority 5 to transfer any such pupil or pupils on a part-time or full-time basis from one school district to 6 another school district within the state: Provided, That the boards of education of both the 7 transferor and the transferee districts agree to the same by official action of both boards as 8 reflected in the minutes of their respective meetings. AF T 3 (c) Any pupil attending a school in a district of this state adjacent to the district of residence 10 during the school year one thousand nine hundred eighty-four--eighty-five, is authorized to 11 continue such attendance in the adjacent district, and, upon written request therefor by the parent 12 or guardian, any person who is entitled to attend the public schools of this state and who resides 13 in the same household and is a member of the immediate family of such pupil is authorized to 14 enroll in such adjacent district. The transferor and transferee school districts shall effectuate any R 9 15 transfer herein authorized in accordance with the provisions of this section. (d) Whenever a pupil is transferred from one school district to another district on a full- 17 time or part-time basis, the board of Education of the school district in which the pupil is a bona 18 fide resident shall pay to the board of Education of the school district to which the pupil is 19 transferred a tuition that is agreed upon by both such boards. Tuition for each full-time pupil shall 20 not exceed the difference between the state aid per pupil received by the county to which the 21 pupil is transferred and the county cost per pupil in the county to which said pupil is transferred. D 16 22 (e) For purposes of net enrollment as defined in section two, article nine-a of this chapter: 23 (1) Whenever a pupil is transferred on a full-time basis from one school district to another district 24 pursuant to the provisions of this section, the county to which the pupil is transferred shall include 17 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 25 such pupil in its net enrollment; and (2) whenever a pupil is transferred on a part-time basis from 26 one school district to another school district pursuant to the provisions of this section, the county 27 in which the student is a bona fide resident shall count the pupil in its net enrollment. §18-5-18b. School counselors in public schools. 1 counselor's certificate in accordance with §18-3-1 et seq. of this code. 3 4 T 2 (a) A school counselor means a professional educator who holds a valid school (b) Each county board shall provide counseling services for each pupil enrolled in the public schools of the county. (c) The school counselor shall work with individual pupils and groups of pupils in providing 6 developmental, preventive and remedial guidance and counseling programs to meet academic, 7 social, emotional, and physical needs; including programs to identify and address the problem of 8 potential school dropouts. The school counselor also may provide consultant services for parents, 9 teachers, and administrators and may use outside referral services, when appropriate, if no 10 AF 5 additional cost is incurred by the county board. (d) The state board may adopt rules consistent with the provisions of this section that 12 define the role of a school counselor based on the "National Standards for School Counseling R 11 Programs" of the American school counselor association. A school counselor is authorized to 14 perform such services as are not inconsistent with the provisions of the rule as adopted by the 15 state board. To the extent that any funds are made available for this purpose, county boards shall 16 provide training for counselors and administrators to implement the rule as adopted by the state 17 board. D 13 18 19 (e) Each county board shall develop a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources available. 20 (f) School counselors shall be full-time professional personnel shall spend at least 21 seventy-five eighty percent of work time in a direct counseling relationship with pupils, and shall 22 devote no more than one fourth twenty percent of the work day to administrative activities: 18 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 23 24 25 Provided, That such activities are counselor related. (g) Nothing in this section prohibits a county board from exceeding the provisions of this section, or requires any specific level of funding by the Legislature. §18-5-32. Assistant superintendents; directors and supervisors of instruction and other educational activities. (a) The county board, upon the recommendation of the county superintendent, may 2 employ an assistant whose term of employment may be not less than one nor more than four 3 years: Provided, That his or her term may not extend beyond that of the incumbent county 4 superintendent. 6 (b) The board may not employ more than one assistant for each 200 teachers or major AF 5 T 1 fraction thereof. 7 (c) The county board, upon the recommendation of the county superintendent, is 8 authorized to employ general and special supervisors or directors of instruction and of other 9 educational activities as may be considered necessary. 10 period of employment for all others named herein shall be at the discretion of the county board. R 11 (d) The employment of the assistant superintendent shall be on a 12-month basis. The (e) Rules for qualifications of assistant superintendents, and directors and supervisors of 13 instruction and of other educational activities shall be fixed by the state board: Provided, That the 14 qualifications required for any assistant superintendent may not be higher than those required for 15 the county superintendent: Provided, however, That the rules do not affect the status of any 16 incumbent nor his or her right to succeed himself or herself in his or her assigned position. D 12 17 (f) The county board is authorized to reimburse the employees for their necessary traveling 18 expenses upon presentation of a monthly, itemized, sworn statement approved by the county 19 superintendent. 20 (g) Any person employed under the foregoing provision of this section, provided he or she 21 holds a valid teacher's certificate, shall be given continuing contract status as a teacher and shall 19 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 22 hold that status unless dismissed for statutory reasons: Provided, That central office 23 administrators, supervisors, and directors who begin employment in their new position after July 24 1, 2020 shall serve at the will and pleasure of the superintendent and may be removed by the 25 superintendent upon approval of the county board. (h) The job duties of a professional educator employed under the provisions of this section, 27 including a professional educator employed as a "supervisor" or "central office administrator" as 28 defined in §18A-1-1 of this code, shall include substitute teaching on at least three instructional 29 days each school year: Provided, That the substitute teaching requirement of this subsection does 30 not apply to the superintendent and those who have never held a teaching certificate or an 31 administrative certificate. AF 32 T 26 (i) All acts or parts of acts inconsistent with this section are hereby repealed. §18-5-45a. Further expressions of legislative intent with respect to school calendar; applicability to time lost due to work stoppage or strike; effect on pay. (a) §18-5-45 of this code is designed to define the school term both for employees and for 34 instruction. The employment term consists of at least 200 days as provided in that section and, 35 within the employment term, an instructional term for students must consist of at least 180 R 33 separate instructional days. §18-5-45 of this code also defines the minimum length of an 37 instructional day, requires county boards to develop a policy for additional minutes of instruction 38 to recover time lost due to late arrivals and early dismissals, and also allows schools with an 39 instructional day in excess of certain minimums to apply this equivalent instructional time to cancel 40 time lost due to necessary closures and other purposes designed to improve instruction. The use 41 of equivalent time gained to cancel days lost and the use of alternative methods to deliver 42 instruction on canceled days as defined in §18-5-45 of this code constitute instructional days for 43 the purposes of meeting both the 200-day minimum employment term and the 180-day minimum 44 separate instructional day requirements. The Legislature intended with the enactment of these 45 provisions regarding equivalent instructional time and alternative instructional delivery to help D 36 20 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE improve instruction and lessen the disruption to the planned school calendar if rescheduling and 47 adding instructional days became necessary to make up lost days due to closures pursuant to 48 §18-4-10(5) of this code when conditions are detrimental to the health, safety, or welfare of pupils. 49 The Legislature did not intend with the enactment of these provisions to permit a reduction of the 50 instructional term for students or of the employment term for personnel when the conditions 51 causing the closure of the school are a concerted work stoppage or strike by the employees. The 52 provisions of §18-5-45 of this code permitting accrued or equivalent instructional time to cancel 53 days lost, and the delivery of instruction through alternative methods, do not apply to and may not 54 be used to cancel days lost due to a concerted work stoppage or strike. T 46 (b) If an originally scheduled instruction day is canceled due to a concreted work stoppage 56 or strike by the employees assigned to the school, the school for which the day was canceled 57 may not participate in any extracurricular activities during any part of that same day. AF 55 §18-5-46. Requiring teacher to change grade prohibited; teacher recommendation relating to promotion. (a) No teacher may be required by a principal or any other person to change a student's 59 grade on either an individual assignment or a report card unless there is clear and convincing R 58 60 61 62 evidence that there was a mathematical error in calculating the student's grade. (b) The teacher’s recommendation relating to whether or not a student should be promoted to the next grade level shall be a primary consideration when making such a determination. D 5B. SCHOOL INNOVATION ZONES ACT §18-5B-14. Termination of funding for School Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones. Funding for Innovation Zones. 1 No school, group of schools, district, subdivision or department of a group of schools, or 2 a subdivision or department of a school designated or to be designated as an Innovation Zone or 3 Local Solution Dropout Prevention and Recovery Innovation Zone shall receive any funding 4 pursuant to this article after June 30, 2016. 21 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 5 6 Nothing in this section prevents counties from establishing magnet schools within their boundaries and such magnet schools shall be eligible for funding under the terms of the Act. §18-5B-15. Funding for Innovation Zones. There is hereby created in the State Treasury a special revenue fund to be known as the 2 “Innovation Zone Fund.” The fund shall consist of all moneys received from whatsoever source 3 to further the purpose of this article. The fund shall be administered by the state board solely for 4 the purposes of this article, including providing grants and other financial assistance to innovation 5 zone designated schools to implement and carry out such school’s innovation zone plans. Any 6 moneys remaining in the fund at the close of the fiscal year shall be carried forward for use in the 7 next fiscal year. Fund balances shall be invested with the state’s consolidated investment fund 8 and any and all interest shall be used solely for the purposes that moneys deposited in the fund 9 may be used pursuant to this article. AF T 1 ARTICLE 5G. PUBLIC CHARTER SCHOOLS. §18-5G-1. Legislative purpose and intent. (a) The West Virginia Legislature hereby authorizes a pilot program under which public 2 charter schools may be authorized to allow new, innovative, and more flexible ways of educating R 1 3 all children who choose to attend and advance a renewed commitment to the mission, goals, and 4 diversity of public education. The purposes of this public charter school initiative are to: 5 for student performance; D 6 (1) Improve student learning by creating more diverse public schools with high standards 7 8 9 10 11 12 (2) Provide innovative educational methods and practices through programs that engage students in the learning process, thus resulting in higher student achievement; (3) Enable schools to establish a distinctive school curriculum, a specialized academic theme, or method of instruction; and (4) Allow schools enhanced freedom and flexibility in exchange for exceptional levels of results-driven accountability. 22 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE §18-5G-2. Definitions. 1 2 The following words used in this article and any proceedings pursuant thereto have the following meanings unless the context clearly indicates a different meaning: (1) “Applicant” means any group or entity with 501(c)(3) tax-exempt status or that has 4 submitted an application for 501(c)(3) tax-exempt status that develops and submits an application 5 for a public charter school to an authorizer: Provided, That in the case of a conversion public 6 charter school, “Applicant” means an organization or group comprised primarily of parents and 7 others who reside within the community served by a noncharter public school who: 9 10 11 12 13 (A) Have obtained 501(c)(3) tax-exempt status or have submitted an application for 501(c)(3) tax-exempt status; AF 8 T 3 (B) Develop and submit an application to become a conversion public charter school to the county board of the county wherein the school is located; (C) May include as partner organizations a public or private institution or institutions of higher education and partners in business and industry; and (D) Include in the application for conversion to a public charter school, in addition to the 15 other requirements of this article, the demonstrated support for the proposed conversion to a R 14 16 17 18 (A) A petition for conversion signed by a majority of the employees of the school proposed for conversion; and (B) A petition for conversion signed by a majority of the parents, guardians or custodians D 19 public charter school as evidenced by: 20 of the students enrolled in the school proposed for conversion. 21 (2) “Authorizer” means the entity authorized under this article to review and approve or 22 deny charter applications, enter into charter contracts with applicants, oversee public charter 23 schools, and determine whether to renew, not renew, or revoke charter contracts. Authorizers 24 include: 25 (A) A county school board in the county in which a public charter school is proposed to be 23 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 26 27 28 located; (B) Two or more county school boards representing the several counties which a public charter school is proposed to serve; or (C) The West Virginia Public Charter School Commission established pursuant to §18- 30 5G-10 of this code: Provided, That the Commission may authorize a public charter schools only 31 upon the request by a county board that the Commission assume the role of authorizer; 32 33 T 29 (3) “Charter application” means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status; (4) “Charter contract” or “contract” means a fixed-term, renewable contract between a 35 public charter school’s governing board and an authorizer that identifies the roles, powers, 36 responsibilities, operational duties, accountability, and performance expectations for each party 37 to the contract, consistent with the requirements of this article; 38 39 AF 34 (6) “Conversion public charter school” means a public charter school that existed as a noncharter public school before becoming a public charter school; (7) “County board” means a county board of education; 41 (8) “Education service provider” means an education management organization, school R 40 42 design provider, or any other partner entity with which a public charter school contracts for 43 educational design, implementation, or comprehensive management; (9) “Governing board” means a board of directors as provided for in §18-5G-3 of this code; 45 (10) “Noncharter public school” means a public school other than a public charter school D 44 46 47 48 established pursuant to this article; (11) “Parent” means a parent, guardian, or other person or entity having legal custody over a child; 49 (12) “Public charter school” means a public school established pursuant to this article that: 50 (A) Is a public school and is part of the state’s system of public education but is exempt 51 from all statutes and administrative regulations applicable to the state board, a county board, or 24 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 52 a school unless expressly stated otherwise in this article: Provided, That nothing in this article 53 prohibits a public charter school from complying with any statute, state board policy, or county 54 board policy applicable to noncharter public schools; (B) Is a public corporate body, exercising public power through its governing board, 56 including the power in name to contract and be contracted with, sue and be sued, and adopt 57 bylaws not inconsistent with this article; 59 60 61 62 63 (C) Has autonomy over decisions relating to finance, personnel, scheduling, curriculum, and instruction consistent with this article and its charter contract; (D) Is governed by a governing board that is independent of a county board except as otherwise provided in this article; AF 58 T 55 (E) Is established and operating under the terms of a charter contract between the public charter school’s governing board and its authorizer; (F) Is a public school to which parents choose to send their children; 65 (G) Is a public school that admits students on the basis of a random and open lottery if 66 more students apply for admission than can be accommodated, pursuant to and subject to §18- 67 5G-4 of this code; R 64 68 69 (H) Offers a comprehensive instructional program that meets or exceeds the student performance standards adopted pursuant to §18-2E-5 of this code; and (I) Operates under the oversight of its authorizer in accordance with its charter contract; 71 (13) “State board” means the West Virginia Board of Education; and 72 (14) “Student” means any person that is eligible for attendance in a public school in West D 70 73 Virginia. §18-5G-3. Authorization for the establishment of public charter schools; governing board. 1 (a) The authorization for the establishment of public charter schools in this state is limited 2 as a pilot project to five public charter schools: Provided, That the West Virginia Schools for the 3 Deaf and the Blind may be an applicant to the West Virginia Board of Education to become a 25 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 4 public charter school and if authorized by the West Virginia Board of Education, this public charter 5 school is not within the five school limit. The West Virginia Board of Education may request the 6 West Virginia Public Charter School Commission to assume the role of authorizer. (b) No elected official may profit or receive any monetary consideration from a charter 8 school: Provided, That this prohibition does not apply with respect to the employment of an elected 9 official who was employed by a school prior to conversion to a public charter school. T 7 (c) A public charter school authorized under this article is part of the state’s system of 11 public education but is exempt from all statutes and administrative regulations applicable to the 12 state board, a county board, or a school unless expressly stated otherwise in this article. A public 13 charter school shall: 14 15 AF 10 (1) Adhere to the same immunization, civil rights, and disability rights requirements applicable to noncharter public schools; 16 (2) Have no entrance requirements or charge any tuition or fees: Provided, That a public 17 charter school may require the payment of fees on the same basis and to the same extent as 18 noncharter public schools. (3) Have no power to levy taxes. R 19 20 (4) Be governed by a governing board as specified in subsection (d) of this section; 21 (5) Provide instructional time that is at least equal to the number of days or their equivalent 22 (6) Require criminal background checks for staff and volunteers, including members of its D 23 required by §18-5-45 of this code; 24 governing board, as required of all noncharter public school employees and volunteers; 25 (7) Prohibit contractors and service providers or their employees from making direct, 26 unaccompanied contact with students or accessing school grounds unaccompanied when 27 students are present if it cannot be verified that the contractors, service providers, or their 28 employees have not been previously convicted of a qualifying offense pursuant to §18-5-15c of 29 this code; 26 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 30 §18-2E-5 of this code; 32 33 (9) Adhere to generally accepted accounting principles and adhere to the same financial audits, audit procedures, and audit requirements applicable to noncharter public schools; 34 35 (10) Utilize the same system for reporting student information data and financial data as is utilized by noncharter public schools; 36 38 39 (11) Comply with the Freedom of Information Act as set forth in §29B-1-1 et seq. of this code; (12) Report data using the West Virginia Education Information System or successor data reporting system that noncharter public schools use; AF 37 T 31 (8) Ensure student participation in the required state summative assessment pursuant to 40 (13) Operate under the oversight of its authorizer in accordance with its charter contract; 41 (14) As a public corporate body, have the powers necessary for carrying out the terms of its charter contract, including, but not limited to the power to: 43 (A) Receive and disburse funds for school purposes; 44 (B) Secure appropriate insurance and enter into contracts and leases; 45 (C) Contract with an education service provider, so long as the governing board retains R 42 46 47 48 (D) Pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit; (E) Solicit and accept any gifts or grants for school purposes, subject to applicable laws D 49 final oversight and authority over the school; 50 and the terms of its charter; and 51 (F) Acquire real property for use as its facilities or facilities from public or private sources; 52 (15) Enroll students in the public charter school pursuant to §18-5G-4 of this code; 53 (16) Require any education service provider contracted with the governing board to 54 55 provide a monthly detailed budget to the board; (17) Serve one or more of grades and limit admission to students within the grade levels 27 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 56 served; and 57 (18) Provide programs and services to a student with a disability in accordance with the 58 student's individualized education program and all federal and state laws, rules, and regulations. 59 A public charter school shall deliver the services directly or contract with another provider to 60 deliver the services. (d) A public charter school authorized under this article may: 62 (1) Negotiate and contract with its authorizer or any third party for the use, operation, and 63 maintenance of a building and grounds, liability insurance, and the provision of any service, 64 activity, or undertaking that the public charter school is required to perform in order to carry out 65 the educational program described in its charter contract. Any services for which a public charter 66 school contracts with a school district shall be provided by the district at cost and shall be 67 negotiated as a separate agreement after final charter contract negotiations; AF T 61 68 (2) Sue and be sued in its own name; 69 (3) Own, rent, or lease its space; 70 (4) Participate in cocurricular activities to the same extent as noncharter public schools; and R 71 72 (5) Participate in extracurricular activities to the same extent as noncharter public schools. 73 (e) Nothing in this article prohibits a public charter school from complying with any statute, 74 state board policy, or county board policy applicable to noncharter public schools. (f) A county board may not require any employee of the local school district to be employed 76 in a charter school. A county board may not harass, threaten, discipline, discharge, retaliate or in 77 any manner discriminate against any district employee involved directly or indirectly with an 78 application to establish a charter school as authorized under this section. D 75 79 (g) All personnel employed by a public charter school shall continue to accrue seniority 80 with the county board in the same manner that they would accrue seniority if employed in a 81 noncharter public school in the county, but only for purposes of employment in noncharter public 28 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 82 schools. 83 (g) Public charter school governing board. — 84 (1) To ensure compliance with this article, a public charter school shall be administered 85 by a governing board accountable to the authorizer as set forth in the charter contract. A public 86 charter school governing board shall consist of no fewer than five members. (2) The governing board of a conversion public charter school authorized under this article 88 shall consist of the following members elected or selected in a manner specified in the charter 89 application: 91 (2) The governing board shall consist of at least two parents of students attending the public charter school operating under the governing board; and AF 90 T 87 92 (3) Members of the governing board shall: 93 (A) Not be an employee of the public charter school administered by the governing board; 94 (B) Not be an employee of an education service provider that provides services to the 95 public charter school; and (C) File a full disclosure report to the authorizer identifying potential conflicts of interest, 97 relationships with management organizations, and relationships with family members who have R 96 98 other business dealings with the school, the management organization of the school, or any other 99 public charter school. 100 curriculum and instruction, law, and finance. D 101 (4) Members of the governing board shall collectively possess expertise in leadership, 102 (5) A member of the public charter school governing board shall be considered an officer 103 of a school district under the provisions of §6-6-7 of this code, and may only be removed from 104 office under the provisions of that section. 105 (6) The governing board shall be responsible for the operation of its public charter school, 106 including, but not limited to, preparation of an annual budget, contracting for services, school 107 curriculum, personnel matters, and achieving the objectives and goals of the public charter 29 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 108 109 110 school’s program. (7) The governing board shall comply with open governmental proceedings requirements set forth in §6-9A-1 et seq. of this code. §18-5G-4. Enrollment in a public charter school; recruitment and retention plans. (a) A public charter school may enroll any student residing in the state. A student enrolled 2 in a public charter school shall be included in the net enrollment of the county in which the school 3 is located for the purposes of §18-9A-1 et seq. and shall be allocated to the public charter school 4 in accordance with the State Board rule promulgated pursuant to section §18-5G-13 of this article. 5 (b) A conversion public charter school shall guarantee enrollment to all students who were 6 previously enrolled in the noncharter public school and to all students who reside in the school’s 7 attendance area. All students who reside in the attendance area of a public school that converts 8 to a public charter school may enroll in the public charter school if they choose to do so. The 9 school shall adopt and maintain a policy that gives enrollment preference to students who reside 10 within the attendance area as established prior to the conversion of the school. An enrollment 11 preference also shall be given to students enrolled in the public charter school the previous school 12 year and to siblings of students already enrolled in the public charter school. If the school has R AF T 1 13 excess capacity after enrolling students within the attendance area and those with preference, 14 students outside the attendance area are eligible for enrollment; (c) Except as provided in subsection (b) of this section, if the capacity of a public charter 16 school is insufficient to enroll all students who wish to attend any specific grade level at a public 17 charter school, the school shall select students through a randomized and transparent lottery: 18 Provided, That the state board shall promulgate a rule to guide student application and lottery 19 procedures for public charter schools. D 15 20 (d) Enrollment preference for public charter schools shall be given to students enrolled in 21 the public charter school the previous year and to siblings of students already enrolled in the 22 school. An enrollment preference for returning students shall exclude those students from 30 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 23 24 25 entering into a lottery, as identified in §18-5G-4(b) of this code. (e) A public charter school may allow an enrollment preference for students who meet federal eligibility requirements for free or reduced-price meals and at-risk students. (f) A public charter school may give enrollment preference to children of a public charter 27 school’s governing board members and full-time employees, as long as they constitute no more 28 than 10 percent of the school’s total student population. T 26 29 (g) Every charter school shall submit a recruitment and retention plan annually to its 30 authorizer. The plan shall list deliberate, specific strategies the school will use to attract, enroll, 31 and retain a student population that includes students who are, to the extent applicable: (1) Limited English proficient; 33 (2) Special education; 34 (3) Low income; 35 (4) Below proficiency on the comprehensive statewide student assessment; 36 (5) At risk of dropping out of school; 37 (6) Have dropped out of school; or 38 (7) Any others who should be targeted to eliminate achievement gaps. R AF 32 (h) If a student who was previously enrolled in a public charter school transfers enrollment 40 to a noncharter public school in this state, the school to which the student transfers shall accept 41 credits earned by the student in courses or instructional programs at the public charter school in 42 a uniform and consistent manner and according to the same criteria that are used to accept 43 academic credits from other noncharter public schools or that consider content competency when 44 appropriate due to differences in curriculum delivery, instructional methods and strategies, or 45 course designations and sequence. D 39 §18-5G-5. Application to establish public charter school. 1 (a) To establish a new public charter school or to convert an existing noncharter public 2 school to a public charter school, an applicant shall submit a charter application to an authorizer: 31 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 3 Provided, That only a county board may authorize the conversion of an existing noncharter public 4 school to a public charter school. Charter authorizers shall accept and document the date and 5 time of receipt of all charter applications. (b) The application shall contain, at a minimum, the following information: 7 (1) A mission statement and a vision statement for the public charter school, including 8 specialized academic focus, if any, to be promoted and advanced through the establishment of 9 the public charter school; T 6 (2) A detailed description of the public charter school's proposed program; 11 (3) The student achievement goals for the public charter school's program and the chosen 12 methods of evaluating whether students have attained the skills and knowledge specified for 13 those goals; AF 10 14 (4) The school’s plan for using data derived from student evaluations and assessments, 15 including the statewide summative assessment, to drive instruction and promote continued school 16 improvement; 17 achievement of traditionally underperforming students in the local school district; R 18 (5) An explanation of how the school's proposed program is likely to improve the (6) The proposed governance structure of the school, including a list of members of the 20 initial governing board, a draft of bylaws that include the description of the qualifications, terms, 21 and methods of appointment or election of governing board members, and the organizational 22 structure of the school that clearly presents lines of authority and reporting between the governing 23 board, school administrators, staff, any related bodies such as advisory bodies or parent and 24 teacher councils, and any external organizations that will play a role in managing the school; D 19 25 (7) Plans and timelines for student enrollment, including policies and procedures for 26 conducting transparent and random admission lotteries that are open to the public, and that are 27 consistent with this article; 28 (8) A proposed five-year budget, including the start-up year and projections for four 32 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 29 additional years with clearly stated assumptions; 30 (9) Proposed fiscal and internal control policies for the public charter school; 31 (10) Acknowledgement that the public charter school will participate in the state’s 32 accountability system; (11) A proposed handbook that outlines the personnel policies of the public charter school, 34 including the criteria to be used in the hiring of qualified teachers, school administrators, and other 35 school employees, a description of staff responsibilities, and the school's plan to evaluate 36 personnel on an annual basis; T 33 (12) An explanation of proposed student discipline procedures, including disciplinary 38 procedures for students with disabilities, which shall be consistent with the requirements of due 39 process and with state and federal laws and regulations governing the placement of students with 40 disabilities; AF 37 (13) A description of the facilities to be used by the public charter school, including the 42 location of the school and how the facility supports the implementation of the school's program. 43 The school shall obtain all required occupation and operation certificates and licenses prior to the 44 first instructional day for students; R 41 45 46 47 including the planned minimum and maximum enrollment per grade per year; (15) The school calendar and school day schedule, which shall meet the requirements of §18-5-45 of this code; D 48 (14) The proposed ages and grade levels to be served by the public charter school, 49 50 (16) Types and amounts of insurance coverage to be obtained by the public charter school, which: 51 (A) Shall include adequate insurance for liability, property loss, and the personal injury of 52 students comparable to noncharter public schools within the local school district operated by the 53 county board; and 54 (B) May include coverage from the Board of Risk and Insurance Management pursuant to 33 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 55 §29-12-5a of this code; (17) A description of the food services to be provided to students attending the school; 57 (18) Process and procedures to be followed in the case of the closure or dissolution of the 58 public charter school, including provisions for the transfer of students and student records to the 59 appropriate local school district and an assurance and agreement to payment of net assets or 60 equity, after payment of debts as specified in §18-5G-8 of this code; 61 62 T 56 (19) A code of ethics for the school setting forth the standards of conduct expected of its governing board, officers, and employees; (20) The public charter school’s plan for successfully serving students with disabilities, 64 students who are English language learners, bilingual students, and students who are 65 academically behind and gifted, including, but not limited to, the school’s plan for compliance with 66 all applicable federal and state laws and regulations; 67 68 AF 63 (21) A description of cocurricular and extracurricular programs to be offered by the public charter school and how they will be funded and delivered; (22) The process by which the school will resolve any disputes with the authorizer; 70 (23) A detailed start-up plan, including financing, tasks, timelines, and individuals R 69 71 responsible for carrying out the plan; and (24) The public charter school’s plan for parental involvement. 73 (c) If the applicant intends to contract with an education service provider for educational 74 program implementation or comprehensive management, the application shall additionally require 75 the applicant to provide the following information with respect to the educational service provider: 76 (1) Evidence of success in serving student populations similar to the targeted population, 77 including demonstrated academic achievement as well as successful management of 78 nonacademic school functions, if applicable; D 72 79 80 (2) Student performance data and financial audit reports for all current and past public charter schools; 34 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 81 82 (3) Documentation of and explanation for any actions taken, legal or otherwise, against any of its public charter schools for academic, financial, or ethical concerns; 83 (4) The proposed duration of the service contract; 84 (5) The annual proposed fees and other amounts to be paid to the education service 86 87 provider; (6) The roles and responsibilities of the governing board, the school staff, and the education service provider; T 85 (7) The scope of services and resources to be provided by the education service provider; 89 (8) Performance evaluation measures and timelines; 90 (9) Methods of contract oversight and enforcement; 91 (10) Investment disclosure; 92 (11) Conditions for renewal and termination of the contract; and 93 (12) Disclosure and explanation any existing or potential conflicts of interest between the 94 AF 88 governing board and the proposed education service provider or any affiliated business entities. §18-5G-6. Authorizer duties and responsibilities. (a) An authorizer shall: R 1 2 3 (1) Demonstrate public accountability and transparency in all matters concerning its charter-authorizing practices, decisions, and expenditures; (2) Approve new charter applications that meet the requirements of this section and §18- 5 5G-5 of this code, demonstrate the ability to operate the school in an educationally and fiscally 6 sound manner, and are likely to improve student achievement through the program detailed in 7 the charter application; D 4 8 9 10 11 (3) Decline to approve charter applications that fail to meet the requirements of §18-5G-5 of this code; (4) Negotiate and execute in good faith a charter contract with each public charter school it authorizes; 35 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 12 terms of the charter contract; 14 15 16 17 (6) Determine whether each charter contract it authorizes merits renewal or revocation; and (7) Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to: T 13 (5) Monitor the performance and compliance of public charter schools according to the (A) Organizational capacity and infrastructure; 19 (B) Evaluating applications; 20 (C) Ongoing public charter school oversight and evaluation; and 21 (D) Charter approval, renewal, and revocation decision-making. 22 (b) After an applicant submits a written application to establish a public charter school, the 23 AF 18 authorizer shall: 24 (1) Complete a thorough review process; 25 (2) Conduct an in-person interview with the applicant; 26 (3) Provide an opportunity in a public forum for local residents to provide input and learn about the charter application; R 27 28 (4) Provide a detailed analysis of the application to the applicant or applicants; 29 (5) Allow an applicant a reasonable time to provide additional materials and amendments 30 (6) Approve or deny a charter application based on established objective criteria or request D 31 to its application to address any identified deficiencies; and 32 additional information. 33 (c) In deciding to approve a charter application, the authorizer shall: 34 (1) Approve charter applications only to applicants that possess competence in all 35 36 37 elements of the application requirements identified in this section and §18-5G-5 of this code; (2) Base decisions on documented evidence collected through the application review process; and 36 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 38 39 (3) Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest. (d) No later than 90 days following the filing of the charter application, the authorizer shall 41 approve or deny the charter application. The authorizer shall provide its decision in writing, 42 including an explanation stating the reasons for approval or denial of its decision during an open 43 meeting. Any failure to act on a charter application within the time specified shall be deemed an 44 approval by the authorizer. 45 46 T 40 (e) An authorizer's charter application approval shall be submitted to the West Virginia Department of Education. (f) No public charter school may begin operations prior to July 1, 2020. 48 (g) Notwithstanding any provision of this code to the contrary, no civil liability shall attach 49 to an authorizer or to any of its members or employees for any acts or omissions of the public 50 charter school. Neither the county board of education nor the State of West Virginia shall be liable 51 for the debts or financial obligations of a public charter school or any person or entity that operates 52 a public charter school. (h) To cover authorizer costs for overseeing public charter schools in accordance with this R 53 AF 47 Act, each public charter school shall remit to its respective authorizer an oversight fee. The 55 oversight fee shall be drawn from and calculated as a uniform percentage of the per student 56 operational funding allocated to each public charter school under §18-5G-12 of this code, not to 57 exceed one percent of each public charter school’s per-student funding in a single school year. 58 The state board shall establish a statewide formula for authorizer funding, which shall apply 59 uniformly to every authorizer in the state. The state board may establish a sliding scale for 60 authorizing funding, with the funding percentage decreasing after the authorizer has achieved a 61 certain threshold, such as after a certain number of schools have been authorized or after a 62 certain number of students are enrolled in the authorizer’s public charter schools. The state board 63 shall establish a cap on the total amount of funding that an authorizer may withhold from a full- D 54 37 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 64 time charter school. The state board shall annually review the effectiveness of the state formula 65 for authorizer funding and shall adjust the formula if necessary to maximize public benefit and 66 strengthen the implementation of this act. §18-5G-7. Charter contract requirements; term of contract. 1 authorizer shall negotiate and enter into a charter contract. T 2 (a) Within 90 days of the approval of a charter application, the governing board and the 3 (b) The charter contract shall address, in detail, the following items: 4 (1) The term of the contract: Provided, That the contract term shall be no longer than five 6 7 years; (2) The agreements relating to each item required under §18-5G-5(b) and §18-5G-5(c) of this code; AF 5 8 (3) The rights and duties of the authorizer and the public charter school; 9 (4) The administrative relationship between the authorizer and the public charter school; 10 (5) The process the authorizer will use to provide ongoing oversight; 11 (6) The specific commitments of the authorizer relating to its obligations to oversee, monitor the progress of, and supervise the public charter school; R 12 13 (7) The process and criteria the authorizer will use to annually monitor and evaluate the 14 overall academic, operating, and fiscal conditions of the public charter school, including the 15 process the authorizer will use to oversee the correction of any deficiencies found; (8) The process for revision or amendment to the terms of the charter contract agreed to D 16 17 18 19 20 21 22 by the authorizer and the governing board; (9) The process agreed to by the authorizer and the governing board that identifies how disputes between the authorizer and the board will be handled; and (10) Any other terms and conditions agreed to by the authorizer and the governing board, including preopening conditions. (c) The charter contract shall include provisions relating to the performance of the public 38 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 23 charter school that set forth the academic and operational performance indicators, measures, and 24 metrics to be used by the authorizer to evaluate the public charter school. At a minimum, the 25 performance provisions shall include indicators, measures, and metrics for: (1) Student academic proficiency; 27 (2) Student academic growth; 28 (3) Achievement gaps in both student proficiency and student growth between student 29 T 26 subgroups, including race, sex, socioeconomic status, and areas of exceptionality; (4) Student attendance; 31 (5) Student suspensions; 32 (6) Student withdrawals; 33 (7) Recurrent enrollment from year to year; 34 (8) Governing board’s performance and stewardship, including compliance with all 35 AF 30 applicable statutes and terms of charter contract; and 36 (9) Additional valid and reliable indicators requested by the public charter school. 37 (d) The authorizer shall be responsible for collecting and reporting to the state board all state-required assessment and achievement data for the public charter school. R 38 (e) The charter contract shall be signed by the chair of the governing board and the 40 president of the county board, presidents of the county boards, as applicable, or by the chairman 41 of the West Virginia Public Charter School Commission for the charter schools for which the 42 Commission is serving as the authorizer. D 39 43 (f) No public charter school may commence operations without a charter contract that 44 meets the requirements of this section, has been properly executed, and has been approved by 45 the county board. 46 (g) A copy of the charter contract shall be provided to the State Superintendent of Schools. §18-5G-8. Renewal or nonrenewal of charter contracts; revocation of charter contracts; rulemaking; right to appeal. 39 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 1 (a) A charter contract may be renewed by the authorizer for a term of no more than five 2 years. Authorizers may grant renewal with specific conditions for necessary improvements in the 3 public charter school: Provided, That any specific condition imposed does not contradict the terms 4 of this article. 6 (b) The State Board of Education shall promulgate a rule establishing the process for renewing or not renewing a charter contract. At a minimum, this rule shall include: T 5 7 (1) A timeline for a governing board to submit an application for renewal to an authorizer; 8 (2) The information that must be included in an application for renewal; 9 (3) If the authorizer initially determines to deny a renewal application: 11 12 13 14 15 and the reasons for possible closure of the public charter school; (B) An opportunity and timeframe for the governing board to provide a response to the notice of the nonrenewal; (C) An opportunity for the governing board to submit documentation and provide testimony as to why the charter contract should be renewed; and (D) An opportunity for a recorded public hearing, at the request of the governing board; R 16 (A) Notification requirements to the governing board about the prospect of nonrenewal AF 10 17 (4) That the authorizer shall consider the governing board’s response, testimony, and 18 documentation, as well as the recorded public hearing, prior to rendering a final decision on the 19 nonrenewal of the charter contract; (5) The information that must be included in the authorizer’s final decision if it determines D 20 21 22 23 24 25 26 to deny a renewal application; (6) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract; (7) Approval of the authorizer’s decision shall be adopted by the county board or boards, or by the West Virginia Public Charter School Commission, during an open meeting; and (8) A provision that the failure of the authorizer to act on a renewal application within the 40 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 27 28 29 designated timeframes shall be deemed an approval of the renewal application. (c) A charter contract shall not be renewed if the authorizer determines that the public charter school has: (1) Committed a material violation of any of the terms, conditions, standards, or 31 procedures required under this article or the charter contract, and has persistently failed to correct 32 the violation after fair and specific notice from the authorizer; 34 35 36 (2) Failed to meet or make significant progress toward the program performance expectations identified in the charter contract; (3) Failed to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer; or AF 33 T 30 37 (4) Substantially violated any material provision of law from which the public charter school 38 was not exempted and has failed to correct the violation after fair and specific notice from the 39 authorizer. 40 41 minimum, these provisions shall include: (1) The information that must be included in the authorizer’s initial decision to revoke the R 42 (d) A charter contract shall include provisions for revoking the charter contract. At a 43 44 45 (2) Notification requirements to the governing board about the authorizer’s initial decision to revoke a charter contract and the reasons for the revocation; (3) An opportunity and timeframe for the governing board to provide a response to the D 46 charter contract; 47 48 49 authorizer’s initial decision to revoke the charter contract; (4) An opportunity for the governing board to submit documentation and provide testimony as to why the charter contract should not be revoked; 50 (5) An opportunity for a recorded public hearing, at the request of the governing board; 51 (6) That the authorizer shall consider the governing board’s response, testimony, and 52 documentation, as well as the recorded public hearing, prior to rendering a final decision on the 41 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 53 54 55 56 57 revocation of the charter contract; (7) The information that must be included in the authorizer’s final decision if it determines to revoke the charter contract; (8) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract; (9) Approval of the authorizer’s decision shall be adopted during an open meeting; and 59 (10) A provision that the failure of the authorizer to act on a renewal application within the 60 designated timeframes shall be deemed. T 58 (e) Notwithstanding the process set forth in §18-5G-8(d) of this code, an authorizer shall 62 take immediate action to revoke a charter contract if the health and safety of students attending 63 the public charter school is threatened. AF 61 (f) An authorizer shall develop a public charter school closure protocol or protocol for 65 transitioning a charter school to noncharter public school status. The protocol shall ensure timely 66 notification to parents, orderly transition of students and student records to new schools when 67 applicable, and proper disposition of school funds, property, and assets. The protocol shall specify 68 tasks, timelines, and responsible parties, including delineating the respective duties of the public R 64 charter school and the authorizer. If a public charter school closes or transitions to noncharter 70 public school status for any reason, the authorizer shall oversee and work with the closing or 71 transitioning school to ensure a smooth and orderly closure or transition and transition for students 72 and parents, as guided by the closure or school transition protocol. If a public charter school is 73 subject to closure or transition, following exhaustion of any appeal allowed under §18-5G-10 of 74 this code, an authorizer may remove at will at any time any or all of the members of the board of 75 directors of the public charter school in connection with ensuring a smooth and orderly closure or 76 transition. If the authorizer removes members of the board of directors such that the board of 77 directors can no longer function, the authorizer shall be empowered to take any further necessary 78 and proper acts connected with closure or transition of the public charter school in the name and D 69 42 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 79 interest of the public charter school. §18-5G-9. West Virginia Public Charter School Commission; members; appointments; meetings. (a) There is hereby created the West Virginia Public Charter School Commission which 2 shall report directly to and be responsible to the state board, separate from the Department of 3 Education, for carrying out its duties in accordance with this article. The mission of the 4 Commission is to assist county boards in the authorization of high-quality public charter schools 5 throughout the state that provide more options for students to attain a thorough and efficient 6 education, particularly through schools designed to expand the opportunities for at-risk students. 7 The commission and public charter schools authorized in accordance with this article are subject 8 to the general supervision of the state board solely for the purposes of accountability for meeting 9 the standards for student performance required of other public school students under §18-2E-5 10 of this code. Except as otherwise authorized in this article, no other governmental agency or 11 entity may assume any charter authorizing function or duty in any form. AF T 1 (b) The commission shall consist of seven voting members, as follows: 13 (1) The State Superintendent of Schools, or designee; R 12 (2) The Chancellor of the Higher Education Policy Commission, or designee; 15 (3) The Chancellor for Community and Technical College Education, or designee; and 16 (4) Four members appointed by the Governor, with the advice and consent of the Senate. 17 (c) The chair of the House Committee on Education and the chair of the Senate Committee D 14 18 19 20 on Education shall serve as nonvoting ex officio members of the commission. (d) Each appointed member shall represent the public interest and must satisfy the following requirements: 21 (1) Be a citizen of the state; 22 (2) Possess experience and expertise in public or nonprofit governance, management and 23 finance, public school leadership, assessment, curriculum or instruction, or public education law; 43 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 24 25 26 and (3) Have demonstrated an understanding of, and commitment to, charter schooling as a strategy for strengthening public education. (e) No more than three of the appointed members of the commission may be of the same 28 political party. No more than two of the appointed members may be residents of the same 29 congressional district. No person may be appointed who holds any other public office or public 30 employment under the government of this state or any of its political subdivisions, or who is an 31 appointee or employee of any charter school governing board or an immediate family member of 32 an employee under the jurisdiction of the commission or any charter school governing board. No 33 person may be appointed who is engaged in, or employed by a person or company whose primary 34 function involves, the sale of services and activities to public charter schools or charter school 35 governing boards. AF T 27 (f) The initial appointments made pursuant to this section shall be for staggered one- and 37 two-year terms. Thereafter, all appointments shall be for a term of two years. The initial 38 appointments shall be made before February 1, 2020. The commission shall meet as soon as 39 practical after February 1, 2020, upon the call of the Governor, and shall organize for business R 36 40 by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the 41 chairman. (g) An appointed member of the commission may be removed from office by the Governor 43 for official misconduct, incompetence, neglect of duty, or gross immorality. A member may also 44 be removed if the member's personal incapacity renders the member incapable or unfit to 45 discharge the duties of the office or if the member is absent from a number of meetings of the 46 commission as determined and specified by the commission in its bylaws. Whenever an 47 appointed member vacancy on the commission exists, the Governor shall appoint, with the advice 48 and consent of the Senate, a qualified person for the remainder of the vacated term. D 42 49 (h) Except in the case of gross negligence or reckless disregard of the safety and well44 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE being of another person, the commission and members of the commission in their official capacity 51 are immune from civil liability with respect to all activities related to a public charter school 52 approved by the commission. The official actions of the members of the commission who are 53 serving in an ex officio capacity by virtue of their designation or employment in another position 54 are commission member actions only, and may not be construed as official actions or positions 55 of such member’s employing entity. T 50 (i) The commission may appoint an executive director and may employ such additional 57 staff as may be necessary. The executive director shall serve at the will and pleasure of the 58 commission. The executive director must demonstrate an understanding of and commitment to 59 charter schooling as a strategy for strengthening public education and must possess an 60 understanding of state and federal education law. AF 56 (j) The commission shall meet as needed, but at least bi-annually. From funds 62 appropriated or otherwise made available for such purpose, its members shall be reimbursed for 63 reasonable and necessary expenses actually incurred in the performance of official duties upon 64 submission of an itemized statement in a manner consistent with guidelines of the Travel 65 Management Office of the Department of Administration. R 61 §18-5G-10. Prohibitions. 1 2 Notwithstanding any provision in this article that may be interpreted to the contrary, a public charter school may not: (1) Be home-school based; and 4 (2) Discriminate on any basis for which the noncharter public schools of this state may 5 not discriminate: Provided, That nothing in this subsection may be construed to limit the formation 6 of a public charter school that is dedicated to focusing education services on at-risk students, 7 students with disabilities, and students who pose such severe disciplinary problems that they 8 warrant a specific education program. D 3 §18-5G-11. State board rule relating to funding for charter school enrollment and other 45 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE necessary provisions. 1 (a) The state board shall promulgate a rule in accordance with §29A-3B-1 et seq. of this 2 code setting forth requirements for public charter school funding. The rule shall include a 3 requirement that 90 percent of the per pupil total basic foundation allowance follow the student to 4 the public charter school, subject to the following: (1) Notwithstanding §18-9A-1 et seq. of this code, the rule may provide for modifications 6 to the calculations outlined in §18-9A-7 regarding the allowance for student transportation and in 7 §18-9A-9(1) regarding the allowance for current expense for the purpose of providing additional 8 state aid funding to county boards of education related to the operation of public charter schools; 9 (2) The rule shall designate which county school district is required to pay for a student 11 12 AF 10 T 5 attending a public charter school; and (3) The rule shall require the Department of Education to follow federal requirements in ensuring that federal funding follows the student to a public charter school. (b) The state board may promulgate a rule in accordance with §29A-3B-1 et seq. of this 14 code to clarify, if necessary, the requirements of this article and address any unforeseen issues 15 that might arise relating to the implementation of the requirements of this article. R 13 (c) The state board may promulgate a rule in accordance with §29A-3B-1 et seq. of this 17 code, if necessary, for ensuring the accountability of public charter schools for meeting the 18 standards for student performance required of other public school students under §18-2E-5 of 19 this code and the accountability of authorizers for ensuring that those standards are met in the 20 schools authorized by it. If an authorizer fails to close a charter school that does not meet the 21 standards, the authorizer shall appear before the State Board to justify it’s decision. The State 22 Board may uphold or overturn the authorizer’s decision and may revoke the authority of the 23 authorizer to authorize charter schools. D 16 §18-5G-12. Access to public facilities. 46 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 1 (a) A public charter school may request usage of public facilities from a local county board 2 where the charter school is located. A local county board or other public entity shall make facilities 3 available for use or lease to the charter school that are not a currently in use as an operating 4 public school or which are available at the time the charter school seeks to use in whole or in part 5 for a legitimate public school use. 7 (b) If a charter school seeks to lease the whole or part of a public facility, the cost of the T 6 lease must be at or under current market value. (c) During the term of the lease, the charter school is solely responsible for the direct 9 expenses related to the public facility lease, including utilities, insurance, maintenance, repairs 10 and remodeling. The county school board is responsible for any debt incurred or liens that are 11 attached to the school building before the charter school leases the public facility. AF 8 §18-5G-13. Reports. 1 (a) An authorizer that has authorized a public charter school that is currently in operation 2 shall submit to the state superintendent for presentation to the state board an annual report within 3 60 days of the end of each school fiscal year summarizing: (1) The performance of the public charter schools overseen by the authorizer, according R 4 5 6 7 to the performance measures and expectations specified in the charter contracts; (2) The authorizing duties and functions provided by the authorizer during the previous academic year. (b) One year after public charter schools have been in operation, and each year thereafter, 9 the State Superintendent shall issue to the Governor, the Legislature, and the general public, a 10 report on the state's public charter school program, drawing from the annual reports submitted by 11 authorizers pursuant to this section, as well as any additional relevant data compiled by the State 12 Superintendent up to the school year ending in the preceding calendar year. The report must 13 include an assessment of the public charter school program’s successes, challenges, and areas 14 for improvement in meeting the purposes of this chapter as well as any suggested changes in D 8 47 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 15 state law or policy necessary to strengthen the public charter school program. ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM. §18-7A-3. Definitions. 1 As used in this article, unless the context clearly requires a different meaning: 2 (1) “Accumulated contributions” means all deposits and all deductions from the gross 4 5 salary of a contributor plus regular interest. T 3 (2) “Accumulated net benefit” means the aggregate amount of all benefits paid to or on behalf of a retired member. (3) “Actuarially equivalent” or “of equal actuarial value” means a benefit of equal value 7 computed upon the basis of the mortality table and interest rates as set and adopted by the 8 retirement board in accordance with the provisions of this article: Provided, That when used in 9 the context of compliance with the federal maximum benefit requirements of Section 415 of the 10 Internal Revenue Code, “actuarially equivalent” shall be computed using the mortality tables and 11 interest rates required to comply with those requirements. 12 (4) “Annuities” means the annual retirement payments for life granted beneficiaries in accordance with this article. R 13 AF 6 (5) “Average final salary” means the average of the five highest fiscal year salaries earned 15 as a member within the last 15 fiscal years of total service credit, including military service as 16 provided in this article, or if total service is less than 15 years, the average annual salary for the 17 period on which contributions were made: Provided, That salaries for determining benefits during 18 any determination period may not exceed the maximum compensation allowed as adjusted for 19 cost of living in accordance with §5-10D-7 of this code and Section 401(a)(17) of the Internal 20 Revenue Code. D 14 21 22 23 (6) “Beneficiary” means the recipient of annuity payments made under the retirement system. (7) “Contributor” means a member of the retirement system who has an account in the 48 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 24 teachers accumulation fund. 25 (8) “Deposit” means a voluntary payment to his or her account by a member. 26 (9) “Employer” means the agency of and within the state which has employed or employs 27 a member. (10) “Employer error” means an omission, misrepresentation, or violation of relevant 29 provisions of the West Virginia Code or of the West Virginia Code of State Regulations or the 30 relevant provisions of both the West Virginia Code and of the West Virginia Code of State 31 Regulations by the participating public employer that has resulted in an underpayment or 32 overpayment of contributions required. A deliberate act contrary to the provisions of this section 33 by a participating public employer does not constitute employer error. 35 AF 34 T 28 (11) “Employment term” means employment for at least 10 months, a month being defined as 20 employment days. (12) “Gross salary” means the fixed annual or periodic cash wages paid by a participating 37 public employer to a member for performing duties for the participating public employer for which 38 the member was hired. Gross salary shall be allocated and reported in the fiscal year in which the 39 work was done. Gross salary also includes retroactive payments made to a member to correct a R 36 clerical error, or made pursuant to a court order or final order of an administrative agency charged 41 with enforcing federal or state law pertaining to the member's rights to employment or wages, with 42 all retroactive salary payments to be allocated to and considered paid in the periods in which the 43 work was or would have been done. Gross salary does not include lump sum payments for 44 bonuses, early retirement incentives, severance pay or any other fringe benefit of any kind 45 including, but not limited to, transportation allowances, automobiles or automobile allowances, or 46 lump sum payments for unused, accrued leave of any type or character. D 40 47 48 49 (13) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended. (14) “Member” means any person who has accumulated contributions standing to his or 49 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 50 her credit in the state Teachers Retirement System. A member shall remain a member until the 51 benefits to which he or she is entitled under this article are paid or forfeited, or until cessation of 52 membership pursuant to §18-7A-13 of this code. 53 54 (15) “Members of the administrative staff of the public schools” means deans of instruction, deans of men, deans of women, and financial and administrative secretaries. (16) “Members of the extension staff of the public schools” means every agricultural agent, 56 boys' and girls' club agent and every member of the agricultural extension staff whose work is not 57 primarily stenographic, clerical, or secretarial. T 55 (17) “New entrant” means a teacher who is not a present teacher. 59 (18) “Nonteaching member” means any person, except a teacher member, who is 60 regularly employed for full-time service by: (A) Any county board of education; (B) the State Board 61 of Education; (C) the Higher Education Policy Commission; (D) the West Virginia Council for 62 Community and Technical College Education; or (E) a governing board, as defined in §18B-1-2 63 of this code; or (F) a public charter school established pursuant to §18-5G-1 et seq. of this code 64 if the charter school includes in its approved charter application a determination to participate in 65 the retirement systems under this article and §18-7B-1 et seq. of this code, subject to the R AF 58 provisions of §18-7B-7a of this code: Provided, That any person whose employment with the 67 Higher Education Policy Commission, the West Virginia Council for Community and Technical 68 College Education or a governing board commences on or after July 1, 1991, is not considered a 69 nonteaching member. D 66 70 71 72 73 74 75 (19) “Plan year” means the 12-month period commencing on July 1 and ending the following June 30 of any designated year. (20) “Present member” means a present teacher or nonteacher who is a member of the retirement system. (21) “Present teacher” means any person who was a teacher within the 35 years beginning July 1, 1934, and whose membership in the retirement system is currently active. 50 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 76 (22) “Prior service” means all service as a teacher completed prior to July 1, 1941, and all 77 service of a present member who was employed as a teacher, and did not contribute to a 78 retirement account because he or she was legally ineligible for membership during the service. (23) “Public schools” means all publicly supported schools, including colleges and 79 80 universities in this state. (24) “Refund beneficiary” means the estate of a deceased contributor or a person he or 82 she has nominated as beneficiary of his or her contributions by written designation duly executed 83 and filed with the retirement board. T 81 (25) “Regular interest” means interest at four percent compounded annually, or a higher 85 earnable rate if set forth in the formula established in legislative rules, series seven of the 86 Consolidated Public Retirement Board, 162 CSR 7. AF 84 87 (26) “Regularly employed for full-time service” means employment in a regular position or 88 job throughout the employment term regardless of the number of hours worked or the method of 89 pay. (27) “Required beginning date” means April 1 of the calendar year following the later of: 91 (A) The calendar year in which the member attains age 70 and one-half years; or (B) the calendar R 90 92 year in which the member retires or ceases covered employment under the system after having 93 attained the age of 70 and one-half years. 94 system. D 95 (28) “Retirant” means any member who commences an annuity payable by the retirement 96 97 98 99 (29) “Retirement board” means the Consolidated Public Retirement Board created pursuant to §5-10D-1 et seq. of this code. (30) “Retirement system” means the state Teachers Retirement System established by this article. 100 (31) “Teacher member” means the following persons, if regularly employed for full-time 101 service: (A) Any person employed for instructional service in the public schools of West Virginia; 51 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county 103 superintendents of schools; (E) any county school attendance director holding a West Virginia 104 teacher's certificate; (F) members of the research, extension, administrative, or library staffs of 105 the public schools; (G) the State Superintendent of Schools, heads, and assistant heads of the 106 divisions under his or her supervision, or any other employee under the State Superintendent 107 performing services of an educational nature; (H) employees of the State Board of Education who 108 are performing services of an educational nature; (I) any person employed in a nonteaching 109 capacity by the State Board of Education, any county board of education, the State Department 110 of Education or the State Teachers Retirement Board, if that person was formerly employed as a 111 teacher in the public schools; (J) all classroom teachers, principals, and educational 112 administrators in schools under the supervision of the Division of Corrections and Rehabilitation, 113 the Division of Health or the Division of Human Services; (K) an employee of the State Board of 114 School Finance, if that person was formerly employed as a teacher in the public schools; and (L) 115 any person designated as a 21st Century Learner Fellow pursuant to §18A-3-11 et seq. of this 116 code who elects to remain a member of the State Teachers Retirement System provided in this 117 article; and (M) any person employed by a public charter school established pursuant to §18-5G- R AF T 102 118 1 et seq. of this code if the charter school includes in its approved charter application a 119 determination to participate in the retirement systems under this article and §18-7B-1 et seq. of 120 this code, subject to the provisions of §18-7B-7a of this code. (32) “Total service” means all service as a teacher or nonteacher while a member of the 122 retirement system since last becoming a member and, in addition thereto, credit for prior service, 123 if any. D 121 124 Age in excess of 70 years shall be considered to be 70 years. ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM. §18-7B-2. Definitions. 1 As used in this article, unless the context clearly requires a different meaning: 52 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE (1) “Annual addition” means, for purposes of the limitations under Section 415(c) of the 3 Internal Revenue Code, the sum credited to a member’s account for any limitation year of: (A) 4 Employer contributions; (B) employee contributions; and (C) forfeitures. Repayment of cashouts 5 or contributions as described in Section 415(k)(3) of the Internal Revenue Code, rollover 6 contributions and picked-up employee contributions to a defined benefit plan shall not be treated 7 as annual additions, consistent with the requirements of Treasury Regulation §1.415(c)-1; T 2 8 (2) “Annuity account” or “annuity” means an account established for each member to 9 record the deposit of member contributions and employer contributions and interest, dividends or 10 other accumulations credited on behalf of the member; (3) “Compensation” means the full compensation actually received by members for service 12 whether or not a part of the compensation is received from other funds, federal or otherwise, than 13 those provided by the state or its subdivisions: Provided, That annual compensation for 14 determining contributions during any determination period may not exceed the maximum 15 compensation allowed as adjusted for cost of living in accordance with §5-10D-7 of this code and 16 Section 401(a)(17) of the Internal Revenue Code: Provided, however, That solely for purposes of 17 applying the limitations of Section 415 of the Internal Revenue Code to any annual addition, R AF 11 18 19 20 (4) “Consolidated board” or “board” means the Consolidated Public Retirement Board created and established pursuant to §5-10D-1 et seq. of this code; (5) “Defined contribution system” or “system” means the Teachers’ Defined Contribution D 21 “compensation” has the meaning given it in §18-7B-13(d) of this code; 22 23 24 Retirement System created and established by this article; (6) “Employer” means the agency of and within the State of West Virginia which has employed or employs a member; 25 (7) “Employer contribution” means an amount deposited into the member’s individual 26 annuity account on a periodic basis coinciding with the employee’s regular pay period by an 27 employer from its own funds; 53 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 29 30 31 32 33 34 35 (8) “Employment term” means employment for at least 10 months in any plan year with a month being defined as 20 employment days; (9) “Existing employer” means any employer who employed or employs a member of the system; (10) “Existing retirement system” means the State Teachers Retirement System established in §18B-7A-1 et seq. of this code; T 28 (11) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended; (12) “Member” or “employee” means the following persons, if regularly employed for full- 37 time service: (A) Any person employed for instructional service in the public schools of West 38 Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant 39 county superintendents of schools; (E) any county school attendance director holding a West 40 Virginia teacher’s certificate; (F) members of the research, extension, administrative, or library 41 staffs of the public schools; (G) the State Superintendent of Schools, heads and assistant heads 42 of the divisions under his or her supervision or any other employee under the state superintendent 43 performing services of an educational nature; (H) employees of the State Board of Education who R AF 36 are performing services of an educational nature; (I) any person employed in a nonteaching 45 capacity by the State Board of Education, any county board of education or the State Department 46 of Education, if that person was formerly employed as a teacher in the public schools; (J) all 47 classroom teachers, principals, and educational administrators in schools under the supervision 48 of the Division of Corrections and the Department of Health and Human Resources; (K) any 49 person who is regularly employed for full-time service by any county board of education or the 50 State Board of Education; (L) the administrative staff of the public schools including deans of 51 instruction, deans of men and deans of women, and financial and administrative 52 secretaries; and (M) any person designated as a 21st Century Learner Fellow pursuant to §18A- 53 3-11 of this code who elects to remain a member of the Teachers’ Defined Contribution D 44 54 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 54 Retirement System established by this article; and (N) any person employed by a public charter 55 school established pursuant to §18-5G-1 et seq. of this code if the charter school includes in its 56 approved charter application a determination to participate in the retirement systems under this 57 article, subject to the provisions of §18-7B-7a and §18-7A-1 et seq. of this code; (13) “Member contribution” means an amount reduced from the employee’s regular pay 59 periods, and deposited into the member’s individual annuity account within the Teachers' Defined 60 Contribution Retirement System; T 58 (14) “Permanent, total disability” means a mental or physical incapacity requiring absence 62 from employment service for at least six months: Provided, That the incapacity is shown by an 63 examination by a physician or physicians selected by the board: Provided, however, That for 64 employees hired on or after July 1, 2005, “permanent, total disability” means an inability to engage 65 in substantial gainful activity by reason of any medically determinable physical or mental 66 impairment that can be expected to result in death, or has lasted or can be expected to last for a 67 continuous period of not less than 12 months and the incapacity is so severe that the member is 68 likely to be permanently unable to perform the duties of the position the member occupied 69 immediately prior to his or her disabling injury or illness; R AF 61 (15) “Plan year” means the 12 month period commencing on July 1 of any designated year 70 71 and ending on the following June 30; (16) “Public schools” means all publicly supported schools, including normal schools, 72 colleges and universities in this state; D 73 74 (17) “Regularly employed for full-time service” means employment in a regular position or 75 job throughout the employment term regardless of the number of hours worked or the method of 76 pay; 77 (18) “Required beginning date” means April 1 of the calendar year following the later of: 78 (A) The calendar year in which the member attains age 70 and one-half years; or (B) the calendar 79 year in which the member retires or otherwise ceases employment with a participating employer 55 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 80 81 82 after having attained the age of 70 and one-half years; (19) “Retirement” means a member’s withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement; (20) “Year of employment service” means employment for at least 10 months, with a month 84 being defined as 20 employment days: Provided, That no more than one year of service may be 85 accumulated in any 12 month period. T 83 ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE. §18-8-4. Duties of attendance director and assistant directors; complaints, warrants and 1 2 AF hearings. (a) The county attendance director and the assistants shall diligently promote regular school attendance. The director and assistants shall: 3 (1) Ascertain reasons for unexcused absences from school of students of compulsory 4 school age and students who remain enrolled beyond the compulsory school age as defined 5 under section one-a of this article; (2) Take such steps as are, in their discretion, best calculated to encourage the attendance 7 of students and to impart upon the parents and guardians the importance of attendance and the R 6 8 9 seriousness of failing to do so; and (3) For the purposes of this article, the following definitions shall apply: (A) "Excused absence" shall be defined to include: 11 (i) Personal illness or injury of the student or in the family; 12 (ii) Personal illness or injury of the student’s parent, guardian, custodian, or family 13 member: Provided, That the excuse must provide reasonable explanation for why the student’s 14 absence was necessary and caused by the illness or injury in the family; D 10 15 (iii) Medical or dental appointment with written excuse from physician or dentist; 16 (iv) Chronic medical condition or disability that impacts attendance; 56 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 17 18 (v) Participation in home or hospital instruction due to an illness or injury or other extraordinary circumstance that warrants home or hospital confinement; (vi) Calamity, such as a fire or flood; 20 (vii) Death in the family; 21 (viii) School-approved or county-approved curricular or extra-curricular activities; 22 (ix) Judicial obligation or court appearance involving the student; 23 (x) Military requirement for students enlisted or enlisting in the military; 24 (xi) Personal or academic circumstances approved by the principal; and 25 (xii) Such other situations as may be further determined by the county board: Provided, 26 That absences of students with disabilities shall be in accordance with the Individuals with 27 Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in 28 compliance therewith. 30 AF 29 T 19 (B) "Unexcused absence" shall be any absence not specifically included in the definition of "excused absence". (b) In the case of three total unexcused absences of a student during a school year, the 32 attendance director, or assistant, or principal shall serve written notice to the parent, guardian or R 31 custodian of the student that the attendance of the student at school is required and that if the 34 student has five unexcused absences, a conference with the principal or other designated 35 representative will be required. make meaningful contact with the parent, guardian, or custodian 36 of the student to ascertain the reasons for the unexcused absences and what measures the 37 school may employ to assist the student in attending and not incurring any additional unexcused 38 absences. D 33 39 (c) In the case of five total unexcused absences, the attendance director or assistant, or 40 principal shall serve written notice to the parent, guardian or custodian of the student that within 41 five days of receipt of the notice the parent, guardian or custodian, accompanied by the student, 42 shall report in person to the school the student attends for a conference with the principal or other 57 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE designated representative of the school in order to discuss and correct the circumstances causing 44 the unexcused absences of the student, including the adjustment of unexcused absences based 45 upon such meeting. again make meaningful contact with the parent, guardian, or custodian of the 46 student to ascertain the reasons for the unexcused absences and what measures the school may 47 employ to assist the student in attending school and not incurring any additional unexcused 48 absences. Such measures may include, with approval of the principal, reducing the number of 49 unexcused absences. T 43 (d) In the case of 10 total unexcused absences of a student during a school year, the 51 attendance director or assistant shall make a complaint against the parent, guardian, or custodian 52 before a magistrate of the county. If it appears from the complaint that there is probable cause to 53 believe that an offense has been committed and that the accused has committed it, a summons 54 or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the 55 summons or to arrest persons charged with offenses against the state. More than one parent, 56 guardian, or custodian may be charged in a complaint. Initial service of a summons or warrant 57 issued pursuant to the provisions of this section shall be attempted within 10 calendar days of 58 receipt of the summons or warrant and subsequent attempts at service shall continue until the R AF 50 59 summons or warrant is executed or until the end of the school term during which the complaint is 60 made, whichever is later. (e) The magistrate court clerk, or the clerk of the circuit court performing the duties of the 62 magistrate court as authorized in §50-1-8 of this code, shall assign the case to a magistrate within 63 10 days of execution of the summons or warrant. The hearing shall be held within 20 days of the 64 assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the 65 accused at least 10 days' advance notice of the date, time, and place of the hearing. D 61 66 (f) When any doubt exists as to the age of a student absent from school, the attendance 67 director and assistants have authority to require a properly attested birth certificate or an affidavit 68 from the parent, guardian, or custodian of the student, stating age of the student. In the 58 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 69 performance of his or her duties, the county attendance director and assistants have authority to 70 take without warrant any student absent from school in violation of the provisions of this article 71 and to place the student in the school in which he or she is or should be enrolled. (g) The county attendance director and assistants shall devote such time as is required 73 by section three of this article to the duties of attendance director in accordance with this section 74 during the instructional term and at such other times as the duties of an attendance director are 75 required. All attendance directors and assistants hired for more than 200 days may be assigned 76 other duties determined by the superintendent during the period in excess of 200 days. The county 77 attendance director is responsible under direction of the county superintendent for efficiently 78 administering school attendance in the county. AF 79 80 (h) In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors also shall perform the following duties: 81 82 (1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law; 83 (2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees; R 84 T 72 85 86 (3) Cooperate with existing state and federal agencies charged with enforcing child labor laws; (4) Prepare a report for submission by the county superintendent to the State 88 Superintendent of Schools on school attendance, at such times and in such detail as may be 89 required. The state board shall promulgate a legislative rule pursuant to §29A-3B-1 et seq. of this 90 code that sets forth student absences that are excluded for accountability purposes. The 91 absences that are excluded by the rule include, but are not limited to, excused student absences, 92 students not in attendance due to disciplinary measures, and absent students for whom the 93 attendance director has pursued judicial remedies to compel attendance to the extent of his or 94 her authority. The attendance director shall file with the county superintendent and county board D 87 59 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 95 at the close of each month a report showing activities of the school attendance office and the 96 status of attendance in the county at the time; 97 (5) Promote attendance in the county by compiling data for schools and by furnishing 98 suggestions and recommendations for publication through school bulletins and the press, or in 99 such manner as the county superintendent may direct; (6) Participate in school teachers' conferences with parents and students; 101 (7) Assist in such other ways as the county superintendent may direct for improving school 103 104 105 attendance; (8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal, or assistant principal; and AF 102 T 100 (9) Serve as the liaison for homeless children and youth. ARTICLE 9A. PUBLIC SCHOOL SUPPORT. §18-9A-2. Definitions. For the purpose of this article: 2 (a) "State board" means the West Virginia Board of Education. 3 (b) "County board" or "board" means a county board of education. R 1 4 5 6 educators as provided in §18-4-1 et seq. of this code. (d) "Professional educator" shall be synonymous with and shall have the same meaning as "teacher" as defined in §18-1-1 of this code, and includes technology integration specialists. D 7 (c) "Professional salaries" means the state legally mandated salaries of the professional 8 (e) "Professional instructional personnel" means a professional educator whose regular 9 duty is as that of a classroom teacher, librarian, attendance director, or school psychologist. A 10 professional educator having both instructional and administrative or other duties shall be 11 included as professional instructional personnel for that ratio of the school day for which he or she 12 is assigned and serves on a regular full-time basis in appropriate instruction, library, attendance, 13 or psychologist duties. 60 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 14 (f) "Professional student support personnel" means a "teacher" as defined in §18-1-1 of 15 this code who is assigned and serves on a regular full-time basis as a counselor or as a school 16 nurse with a bachelor's degree and who is licensed by the West Virginia Board of Examiners for 17 Registered Professional Nurses. 18 professional personnel providing direct social and emotional support services to students, 19 including but not limited to, social workers and psychologists. For all purposes except for the 20 determination of the allowance for professional educators pursuant to section four of this article, 21 professional student support personnel are professional educators. T 23 (g) "Service personnel salaries" means the state legally mandated salaries for service personnel as provided in §18A-4-8a of this code. AF 22 Professional student support personnel shall also include (h) "Service personnel" means all personnel as provided in §18A-4-8 of this code. For the 25 purpose of computations under this article of ratios of service personnel to net enrollment, a 26 service employee shall be counted as that number found by dividing his or her number of 27 employment days in a fiscal year by 200: Provided, That the computation for any service person 28 employed for three and one-half hours or less per day as provided in §18A-4-8a of this code shall 29 be calculated as one half an employment day. R 24 30 (i) "Net enrollment" means the number of pupils enrolled in special education programs, 31 kindergarten programs, and grades one to twelve, inclusive, of the public schools of the county. 32 Net enrollment further shall include: (1) Adults enrolled in regular secondary vocational programs existing as of the effective D 33 34 date of this section, subject to the following: 35 (A) Net enrollment includes no more than 1,000 2,500 of those adults counted on the basis 36 of full-time equivalency and apportioned annually to each county to support Advanced Career 37 Education programs, as provided in §18-2E-11 of this code, in proportion to the adults 38 participating in regular secondary vocational programs in the prior year counted on the basis of 39 full-time equivalency: Provided, That beginning with the 2021 fiscal year and every year 61 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 40 thereafter, a career technical education center may only receive the funding for enrollment as 41 authorized by this paragraph if the center has satisfied the requirements of §18-2E-11 of this 42 code; and 44 45 46 (B) Net enrollment does not include any adult charged tuition or special fees beyond that required of the regular secondary vocational student; (2) Students enrolled in early childhood education programs as provided in §18-5-44 of T 43 this code, counted on the basis of full-time equivalency; (3) No pupil shall A pupil may not be counted more than once by reason of transfer within 48 the county or from another county within the state, and no pupil shall be counted who attends 49 school in this state from another state; 50 51 AF 47 (4) The enrollment shall be modified to the equivalent of the instructional term and in accordance with the eligibility requirements and rules established by the state board; and (5) For the purposes of determining the county's basic foundation program only For any 53 county whose net enrollment as determined under all other provisions of this definition is less than 54 1,400, the net enrollment of the county shall be increased by an amount to be determined in 55 accordance with the following considered to be 1,400 for the purposes of determining the county’s R 52 basic foundation program only. During the 2019-2020 interim period and every three interim 57 periods thereafter, the Legislative Oversight Commission on Education Accountability shall review 58 this subdivision to determine whether or not these provisions properly address the needs of 59 counties with low enrollment and sparse population density. D 56 60 61 62 63 (A) Divide the state's lowest county student population density by the county's actual student population density; (B) Multiply the amount derived from the calculation in paragraph (A) of this subdivision by the difference between one thousand four hundred and the county's actual net enrollment; 64 (C) If the increase in net enrollment as determined under this subdivision plus the county's 65 net enrollment as determined under all other provisions of this subsection is greater than one 62 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 66 thousand four hundred, the increase in net enrollment shall be reduced so that the total does not 67 exceed one thousand four hundred; and (D) During the 2008-2009 interim period and every three interim periods thereafter, the 69 Legislative Oversight Commission on Education Accountability shall review this subdivision to 70 determine whether or not these provisions properly address the needs of counties with low 71 enrollment and a sparse population density. T 68 72 (j) "Sparse-density county" means a county whose ratio of net enrollment, excluding any 73 increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this 74 section, of the definition of "net enrollment", to the square miles of the county is less than five. (k) "Low-density county" means a county whose ratio of net enrollment, excluding any 76 increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this 77 section, of the definition of "net enrollment", to the square miles of the county is equal to or greater 78 than five but less than 10. AF 75 (l) "Medium-density county" means a county whose ratio of net enrollment, excluding any 80 increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this 81 section, of the definition of "net enrollment", to the square miles of the county is equal to or greater R 79 82 than 10 but less than 20. (m) "High-density county" means a county whose ratio of net enrollment, excluding any 84 increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this 85 section, of the definition of "net enrollment", to the square miles of the county is equal to or greater 86 than 20. D 83 87 (n) "Levies for general current expense purposes" means 90 percent of the levy rate for 88 county boards of education calculated or set by the Legislature as established in pursuant to §11- 89 8-6f of this code. The levy rate shall be assumed to be the rate established in that section and 90 not an increased rate established by a county board. 63 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 91 (o) "Technology integration specialist" means a professional educator who has expertise 92 in the technology field and is assigned as a resource teacher to provide information and guidance 93 to classroom teachers on the integration of technology into the curriculum. (p) "State aid eligible personnel" means all professional educators and service personnel 95 employed by a county board in positions that are eligible to be funded under this article and whose 96 salaries are not funded by a specific funding source such as a federal or state grant, donation, 97 contribution or other specific funding source not listed. T 94 (q) The amendments to this section during the 2019 regular session of the Legislature 99 shall be effective for school years beginning on or after July 1, 2019, and the provisions of this 100 section existing immediately prior to the 2019 regular session of the Legislature remain in effect 101 for school years beginning prior to July 1, 2019. AF 98 §18-9A-8. Foundation allowance for professional student support services. 1 2 (a) The basic foundation allowance to the county for professional student support personnel shall be the amount of money determined in accordance with the following: (1) The sum of the state minimum salaries, as determined in accordance with the 4 provisions of §18-4-1 et seq of this code, for all state aid eligible school nurse and counselor R 3 positions in the county during the 2008 fiscal year which number shall be reduced in the same 6 proportion as the number of professional educators allowed to be funded under §18-9A-4 of this 7 code to the total number of professional educators employed that are state aid eligible. In 8 performing this calculation, the numerator shall be the number of professional educators actually 9 funded under section four of this article and the denominator shall be the total number of D 5 10 11 12 professional educators employed that are eligible to be funded under §18-9A-4 of this code; (2) The amount derived from the calculation in §18-9A-8(a)(1) of this code is increased by one half percent; 64 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 13 (3) The amount derived from the calculation in §18-9A-8(a)(2) of this code is the basic 14 foundation allowance to the county for professional student support personnel for the 2009 fiscal 15 year; (4) For fiscal years 2010, 2011, 2012 and 2013, the basic foundation allowance to the 17 county for professional student support personnel increases by one-half percent per year over 18 the allowance for the previous year; and T 16 (5) For all fiscal years thereafter until fiscal year 2020, the basic foundation allowance to 20 the county for professional student support personnel remains the same amount as in the 2013 21 fiscal year, plus any additional amount of funding necessary to cover the increases in the State 22 Minimum Salary Schedule set forth in §18A-4-2 of this code effective for the fiscal year beginning 23 July 1, 2018, and thereafter. AF 19 24 (b) The additional positions for counselors that may be created as a result of the one 25 percent increase provided pursuant to this section shall be assigned to schools where the 26 counselor can: (1) Enhance student achievement; 28 (2) Provide early intervention for students in grades prekindergarten through five; and R 27 (3) Enhance student development and career readiness. 30 (c) Effective for the 2019-20 fiscal year and thereafter, the basic foundation allowance to 31 the county for professional student support personnel is the amount of money required to pay the 32 state minimum salaries, in accordance with provisions of §18A-4-1 et seq. of this code, subject to 33 the following: D 29 34 (1) In making this computation, each county shall receive an allowance for four and 35 seventy hundredths state aid eligible professional student support personnel positions to each 36 1,000 students in net enrollment; 37 (2) For any professional student support personnel positions, or fraction thereof, 38 determined for a county pursuant to §18-9A-8(c)(1) of this code that exceed the number 65 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 39 employed, the county’s allowance for these positions shall be determined using the average state 40 funded salary of professional student support personnel for the county; 41 42 (3) The number of and the allowance for all personnel paid in part by state and county funds shall be prorated; and (4) Where two or more counties join together in support of a vocational or comprehensive 44 high school or any other program or service, the professional student support personnel for the 45 school or program may be prorated among the participating counties on the basis of each one's 46 enrollment therein and the personnel shall be considered within the above-stated limit. T 43 (5) For the 2019-20 fiscal year only, the number of positions funded for each county by 48 subdivision (1) cannot be less than the number of positions that would have been funded in 49 accordance with the previous methodology for determining the number of professional student 50 support personnel positions funded for each county. AF 47 §18-9A-9. Foundation allowance for other current expense and substitute employees and faculty senates. 1 following: R 2 The total allowance for other current expense and substitute employees is the sum of the (1) For current expense: 4 (A) The non-salary related expenditures for operations and maintenance, exclusive of 5 expenditures reported in special revenue funds, for the latest available school year, in each 6 county, divided by the total square footage of school buildings in each county is used to calculate 7 a state average expenditure per square foot for operations and maintenance; D 3 8 (B) The total square footage of school buildings in each county divided by each county’s 9 net enrollment for school aid purposes is used to calculate a state average square footage per 10 student; 11 (C) Each county’s net enrollment for school aid purposes multiplied by the state average 12 expenditure per square foot for operations and maintenance as calculated in paragraph (A) of this 66 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 13 subdivision and multiplied by the state average square footage per student as calculated in 14 paragraph (B) of this subdivision is that county’s state average costs per square footage per 15 student for operations and maintenance; (D) Where two or more counties join together in support of a vocational or comprehensive 17 high school or any other program or service, the allowance for current expense may be prorated 18 among the participating counties by adjusting the net enrollment for school aid purposes utilized 19 in the calculation by the number of students enrolled therein for each county; and T 16 (E) Each county’s allowance for current expense is 70.25% of the county’s state average 21 costs per square footage per student for operations and maintenance amount as calculated in 22 paragraph (C) of this subdivision: Provided, That effective July 1, 2019, each county’s allowance 23 for current expense is 71.25 percent of the county’s state average costs per square footage per 24 student for operations and maintenance amount as calculated in paragraph (c) of this subdivision; 25 plus AF 20 (2) For professional educator substitutes or current expense, two and five-tenths percent 27 of the computed state allocation for professional educators and professional student support 28 personnel as determined in sections four and eight of this article. Distribution to the counties is R 26 made proportional to the number of professional educators and professional student support 30 personnel authorized for the county in compliance with sections four and eight of this article; plus 31 (3) For service personnel substitutes or current expense, two and five-tenths percent of 32 the computed state allocation for service personnel as determined in section five of this article. 33 Distribution to the counties is made proportional to the number of service personnel authorized 34 for the county in compliance with section five of this article; plus D 29 35 (4) For academic materials, supplies, and equipment for use in instructional programs, 36 $200 multiplied by the number of professional instructional personnel and professional student 37 support personnel employed in the schools of the county. Distribution is made to each county for 38 allocation to the faculty senate of each school in the county on the basis of $200 per professional 67 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE instructional personnel employed at the school. “Faculty Senate” means a faculty senate created 40 pursuant to §18-5A-5 of this code. Decisions for the expenditure of such funds are made at the 41 school level by the faculty senate in accordance with the provisions of said §18-5A-5 of this code 42 and may not be used to supplant the current expense expenditures of the county. Beginning on 43 September 1, 1994, and every September thereafter, county boards shall forward to each school 44 for the use by faculty senates the appropriation specified in this section. Each school shall be 45 responsible for keeping accurate records of expenditures. T 39 §18-9A-12. County basic foundation; total basic state aid allowance. (a) The basic foundation program for each county for the fiscal year shall be the sum of 2 the amounts computed in accordance with the provisions of sections four, five, six, seven, eight, 3 nine, and ten of this article. On the first working day of July in each year, the State Board shall 4 determine the basic foundation program for each county for that fiscal year. Data used in the 5 computations relating to net and adjusted enrollment, and the number of professional educators, 6 shall be for the second month of the prior school term. Transportation expenditures used in these 7 computations shall be for the most recent year in which data are available. The allocated state 8 aid share of the county's basic foundation program shall be the difference between the cost of its R AF 1 basic foundation program and the county's local share as determined in §18-9A-11 of this code 10 except as provided in subsection (b) of this section: Provided, That for all fiscal years after 2018- 11 2019, in calculating the allocated state aid share of the county's basic foundation program, when 12 subtracting the amount of the county’s local share, if the county’s local share as determined in 13 §18-9A-11 of this code is greater than the county’s local share was determined to be for fiscal 14 year 2015-2016, then the allocated state aid share of the county's basic foundation program shall 15 be the difference between the cost of its basic foundation program and the county's 2015-2016 16 determined local share. D 9 17 (b) The allocated state aid share shall be adjusted in the following circumstances in the 18 following manner: Provided, That prior to such adjustment, the State Tax Commissioner shall 68 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 19 provide the State Board, by January 15 of each year, a certified listing of those counties in which 20 such adjustment shall be made pursuant to this subsection, together with the amount of revenue 21 which will not be available to each county board in the ensuing fiscal year as a result of the 22 circumstance: (1) In those instances where the local share as computed under §18-9A-11 of this code is 24 not reflective of local funds available because the county is under a final court order, or a final 25 decision of a board of assessment appeals under §11-3-24b of this code, to refund or credit 26 property taxes paid in prior years, the allocated state aid share shall be the county's basic 27 foundation program, minus the local share as computed under §18-9A-11 of this code, plus the 28 amount of property tax the county is unable to collect or must refund due to the final court order 29 or final decision of a board of assessment appeals: Provided, That said adjustment shall not be 30 made or shall only be made proportionately when the Legislature fails to fund, or funds only in 31 part, the public school basic foundation support plan state share at a level sufficient to cover the 32 reduction in state share: Provided, however, That nothing herein provided shall be construed to 33 require or mandate any level of funding by the Legislature. AF (2) In those instances where the local share as computed under §18-9A-11 of this code is R 34 T 23 not reflective of local funds available because the county is collecting tax based upon an assessed 36 value which is less than that determined by the tax commissioner in the most recent published 37 survey of property valuations in the state due to an error in the published survey, which error is 38 certified to by the tax commissioner, the allocated state aid share shall be the county's basic 39 foundation program, minus the local share as computed under §18-9A-11 of this code, plus the 40 amount of property tax the county is unable to collect based on differences in the assessed 41 valuation between those in the most recent published survey of valuation and the corrected 42 assessed value actually levied upon by the county: Provided, That said adjustment shall not be 43 made or shall only be made proportionately when the Legislature fails to fund or funds only in part 44 the public school basic foundation support plan state share at a level sufficient to cover the D 35 69 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 45 reduction in state share: Provided, however, That nothing herein provided shall be construed to 46 require or mandate any level of funding by the Legislature. (3) In instances where a county is unable to collect property taxes from a taxpayer during 48 the pendency of any court proceeding, the allocated state aid share shall be the county's basic 49 foundation program minus the local share as computed under §18-9A-11 of this code, plus the 50 amount the county is unable to collect as a result of the pending court proceedings as certified by 51 the tax commissioner: Provided, That the county is required to reimburse the amount of allocated 52 state aid share attributable to the amount of property tax it later receives upon completion of court 53 proceedings, which shall be paid into the General Revenue Fund of the state: Provided, however, 54 That said adjustment shall not be made or shall only be made proportionately when the 55 Legislature fails to fund or funds only in part the public school basic foundation support plan state 56 share at a level sufficient to cover the reduction in state share: Provided further, That nothing 57 herein provided shall be construed to require or mandate any level of funding by the Legislature. 58 (c) The allocated state aid share shall be adjusted in any county receiving payments or 59 contributions in lieu of property taxes. In instances where a county receives payments or 60 contributions in lieu of property taxes, the allocated state aid share shall be the county's basic R AF T 47 foundation program minus the local share as computed under §18-9A-11 of this code, plus any 62 amounts added pursuant to subsection (b) of this section minus the payments or contributions in 63 lieu of property taxes which are distributed by the sheriff to the county board of education. In 64 determining the amount of such contribution or payment in lieu of taxes, each county commission 65 shall provide to the State Tax Commissioner, by January 1 of each year, the total amount of such 66 payments or contributions paid to the county and the proportion of the total amount that has been 67 or will be distributed to the county board of education. The State Tax Commissioner then shall 68 provide the State Board, by January 15 of each year, a certified listing of those counties in which 69 an adjustment pursuant to this section shall be made, together with the amount of revenue which 70 will be available to each county board in the ensuing fiscal year as a result of contribution or D 61 70 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 71 payment in lieu of taxes. 72 (d) Total basic state aid to the county shall be the computed state share of basic foundation 73 support. After such computation is completed, the State Board shall immediately certify to each 74 county board the amount of state aid allocated to the county for that fiscal year, subject to any 75 qualifying provisions of this article. T ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN. §18-20-5. Powers and duties of state superintendent. 2 (a) The State Superintendent of Schools shall organize, promote, administer, and be responsible for: AF 1 3 (1) Stimulating and assisting county boards of education in establishing, organizing, and 4 maintaining special schools, classes, regular class programs, home-teaching, and visiting- 5 teacher services for exceptional children. 6 (2) Cooperating with all other public and private agencies engaged in relieving, caring for, 7 curing, educating, and rehabilitating exceptional children, and in helping coordinate the services 8 of such agencies. (3) (A) Preparing the necessary rules, policies, formula and formulas for distribution of R 9 available appropriated funds, reporting forms, and procedures necessary to define minimum 11 standards in providing suitable facilities for education of exceptional children and ensuring the 12 employment, certification, and approval of qualified teachers and therapists subject to approval 13 by the State Board of Education: Provided, That no state rule, policy, or standard under this article 14 or any county board rule, policy, or standard governing special education may exceed the 15 requirements of federal law or regulation. D 10 16 (B) An A separate appropriation shall be made to the Department of Education to 17 be distributed disbursed to county boards and public charter schools authorized pursuant to §18- 18 5G-1 et seq. of this code to support children assist them with serving exceptional 19 children with high cost/high acuity special needs that exceed the capacity of county to provide 71 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE with funds available. Each county board and public charter school shall apply to the state 21 superintendent for receipt of to receive this funding in a manner set forth by the state 22 superintendent that assesses and takes into account varying acuity levels of the exceptional 23 students. Any remaining funds at the end of a fiscal year from the appropriation shall be carried 24 over to the next fiscal year. When possible, federal funds shall be distributed disbursed to county 25 boards and public charter schools for this purpose before any of the state appropriation 26 is distributed disbursed. The state board shall promulgate a rule in accordance with the provisions 27 of §29A-3B-1 et seq. of this code that implements the provisions of this subdivision relating to 28 distributing disbursing the funds to the county boards and public charter schools. The rule at least 29 shall include a definition for ”children with high acuity needs”. AF T 20 30 (4) Receiving from county boards of education and public charter schools, their 31 applications, annual reports, and claims for reimbursement from such moneys as are appropriated 32 by the Legislature, auditing such claims, and preparing vouchers to reimburse said counties the 33 amounts reimbursable to them. (5) Assuring that all exceptional children in the state, including children in mental health 35 facilities, residential institutions, private schools and correctional facilities as provided in §18-2- R 34 36 13f of this code receive an education in accordance with state and federal laws: Provided, That 37 the state superintendent shall also assure that adults in correctional facilities and regional jails 38 receive an education to the extent funds are provided therefor. (6) Performing other duties and assuming other responsibilities in connection with this D 39 40 program as needed. 41 (7) Receive the county plan for integrated classroom submitted by the county boards of 42 education and submit a state plan, approved by the State Board of Education, to the Legislative 43 Oversight Commission on Education Accountability no later than December 1, 1995 44 (b) Nothing contained in this section shall be construed to prevent any county board of 45 education from establishing and maintaining special schools, classes, regular class programs, 72 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 46 home-teaching, or visiting-teacher services for exceptional children out of funds available from 47 local revenue. ARTICLE 31. EDUCATION SAVINGS ACCOUNT PROGRAM. §18-31-1. Short title. This article shall be known as the “Education Savings Account Act” or “ESA Act.” The 2 program created by the ESA Act shall be known as the “Education Savings Account Program” or 3 “ESA Program.” §18-31-2. Definitions. 2 The following words have the meanings ascribed to them unless the context clearly AF 1 T 1 indicates a different meaning: 3 (1) “Account” or “ESA” means an education savings account, awarded pursuant to this 4 article, to which funds are allocated by the treasurer to the parent or parents of an ESA student 5 in order to pay qualifying education expenses to educate the student pursuant to the requirements 6 and conditions of this article; 7 level, including any supplemental materials required by the curriculum; R 8 (2) “Curriculum” means a complete course of study for a particular content area or grade 9 10 11 from education savings accounts to provide educational goods and services to ESA students; (4) “Eligible student” means a student who has attended a West Virginia public elementary or secondary school in the prior school year and who: D 12 (3) “Education service provider” means a person or organization that receives payments 13 14 (i) Possesses and Individualized Education Plan (IEP) written in accordance with rules established by the State Board; 15 (ii) Was determined IDEA eligible by a multidisciplinary evaluation team; 16 (iii) possesses a 504 plan; 17 (iv) Is medically diagnosed by a licensed physician in one of the IDEA disability categories 18 under 20 USC 1401(3)(A01; or 73 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 19 20 (v) Was the victim of a prohibited incident of harassment, intimidation or bullying pursuant to §18-2C-1, et seq., of this code. 21 (5) “ESA student” means a student who receives an account pursuant to this article; 22 (6) “Parent” means a biological parent, legal guardian, custodian, or other person with 23 legal authority to act on behalf of an eligible student or ESA student; (7) “Participating school” means any private school that provides education to elementary 25 and/or secondary students and has notified the treasurer of its intention to participate in the 26 program and comply with the program’s requirements; 29 30 and AF (8) “Resident school district” means the county school district in which the student resides; 27 28 T 24 (9) “Treasurer” means the West Virginia State Treasurer’s Office or an organization that the Treasurer has contracted with to carry out any or all portions of this article. §18-31-3. Basic elements of the Education Savings Account Program. (a) The amount of funds deposited in an account pursuant to this article shall be an amount 2 equivalent to 75 percent of the prior year’s statewide average net state aid allotted per pupil based 3 on net enrollment adjusted for state aid purposes. These funds shall be derived from a line item R 1 4 appropriation established for the purposes of this article. (b) In exchange for the parent’s agreement pursuant to §18-31-4(c)(4) of this code, the 6 Department of Education shall transfer the amount determined pursuant §18-31-3(a) of this code 7 to the treasurer for deposit into a West Virginia ESA. D 5 8 9 10 11 (c) The State Superintendent of Schools shall, by rule, determine how the fund transfer to the treasurer shall be accomplished. (d) Parents of an ESA student shall agree to use the funds deposited in their student’s ESA only for the following qualifying expenses to educate the ESA student: 12 (1) Tuition and/or fees at a private school; 13 (2) Tuition and/or fees for nonpublic online learning programs; 74 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE (3) Tutoring services provided by a tutoring facility or a tutor who is: 15 (i) A teacher licensed in any state; 16 (ii) Has taught at an eligible postsecondary institution; 17 (iii) Is a subject matter expert; or 18 (iv) Is otherwise approved by the West Virginia Department of Education; 19 (4) Services contracted for, and provided by, a public district, charter, or magnet school, 20 T 14 including without limitation, individual classes and extracurricular activities and programs; (5) Textbooks, curriculum, or other instructional materials, including without limitation, any 22 supplemental materials or associated online instruction required by either a curriculum or an 23 education service provider; 24 25 26 27 AF 21 (6) Computer hardware or other technological devices that are used solely for a student’s educational needs and approved by the Treasurer or licensed physician; (7) Educational software and applications that are used solely for a student’s educational needs and approved by the Treasurer or licensed physician; (8) School uniforms; 29 (9) Fees for nationally standardized assessments, advanced placement examinations, R 28 30 any examinations related to college or university admission, and tuition and/or fees for preparatory 31 courses for the aforementioned exams; 32 programs, but not after-school childcare; D 33 (10) Fees for summer education programs and specialized after-school education 34 35 36 (11) Tuition, fees, instructional materials, and examination fees at a career or technical school or education provider; (12) Educational services and therapies, including, but not limited to, occupational, 37 behavioral, physical, speech-language, and audiology therapies; 38 (13) Tuition and fees at an institution of higher education; 39 (14) Fees for transportation paid to a fee-for-service transportation provider for the student 75 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 40 to travel to and from an education service provider; or 41 (15) Any other educational expense approved by the treasurer. 42 (e) The funds in an ESA may only be used for educational purposes in accordance with 43 §18-31-3(d) of this code. (f) ESA funds may not be refunded, rebated, or shared with a parent or ESA student in 45 any manner. Any refund or rebate for goods or services purchased with ESA funds shall be 46 credited directly to the student’s ESA. T 44 (g) Parents are allowed to make payments for the costs of educational goods and services 48 not covered by the funds in their student’s ESA. However, personal deposits into an ESA is not 49 permitted. 50 51 AF 47 (h) Funds deposited in an ESA do not constitute taxable income to the parent or the ESA student. (i) An ESA shall remain in force, and any unused funds shall roll over from quarter-to- 53 quarter and from year-to-year until the parent withdraws the ESA student from the ESA Program 54 or until the ESA student graduates from college with a bachelor’s degree, unless the ESA is closed 55 because of a substantial misuse of funds. However, if an ESA student has not enrolled in a R 52 56 postsecondary institution within four years after graduating from high school, or if an ESA student 57 turns 24 years of age, whichever occurs first, the ESA shall be closed and any unused funds 58 revert to the treasurer and be allocated to fund other ESAs. (j) Nothing in this article requires that an ESA student must be enrolled, full or part-time, D 59 60 in either a private school or nonpublic online school. §18-31-4. Application for an Education Savings Account. 1 (a) A parent may apply to the treasurer to establish an ESA for an eligible student at any 2 point on or after July 1, 2019. The household income of an eligible student shall be less than 3 $150,000 per year to qualify for the education savings account program. For purposes of this 4 article, the household income shall be the adjusted gross income claimed for federal income tax 76 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 5 purposes by the biological parent or parents, legal guardian or guardians, custodian or 6 custodians, or person or persons with legal authority to act on behalf of an eligible student plus 7 any income of the eligible student. The treasurer shall develop a process for verifying the income 8 of any applicant for the education savings account. (b) The treasurer shall accept and approve applications year-round and shall establish 10 procedures for approving applications in an expeditious manner: Provided, That the number of 11 education savings accounts may not exceed 2,500 total at any one time. T 9 (c) The treasurer shall create a standard form that parents can submit to establish their 13 student’s eligibility for the ESA Program and shall ensure that the application is readily available 14 and may be submitted through various sources, including the Internet. AF 12 15 (d) The treasurer shall approve an application for an ESA if: 16 (1) The parent submits an application for an ESA in accordance with any application 17 procedures established by the treasurer and the treasurer verifies the enrollment status and 18 eligibility of the student through the West Virginia Department of Education; (2) The student on whose behalf the parent is applying is an eligible student; 20 (3) Funds are available for the ESA; and R 19 21 (4) The parent signs an agreement with the treasurer, promising: 22 (A) To provide an education for the eligible student in at least the subjects of reading, 23 (B) Not to enroll the ESA student, full-time, in a district school, an Innovation in Education D 24 language, mathematics, science, and social studies; 25 26 27 28 29 30 School, or a West Virginia School for the Deaf and Blind; (C) To use the funds in the ESA only for qualifying expenses to educate the eligible student as established by the ESA Program; and (D) To comply with the rules and requirements of the ESA Program and all applicable federal and state law and regulations.. (E) To afford the ESA student opportunities for educational enrichment such as organized 77 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 31 32 33 athletics, art, music, or literature. (e) Upon notice to the treasurer, an ESA student may choose to stop receiving ESA funding and enroll full-time in a public school. (f) Enrolling as a full-time student in a public school shall result in the immediate 35 suspension of payment of additional funds into the student’s ESA; however, the ESA shall remain 36 open and active for the parent to make qualifying expenditures to educate the student from funds 37 remaining in the ESA. When or if no funds remain in the student’s ESA or the student turns 24, 38 the treasurer may close the ESA. T 34 (g) If an eligible student decides to return to the ESA Program, they must reapply. 40 (h) The treasurer may adopt rules and policies to provide the least disruptive process for 41 ESA students who desire to stop receiving ESA payments and enroll full-time in a public school. AF 39 §18-31-5. Responsibilities of the Treasurer. 1 2 3 article, the treasurer has the following duties, obligations, and authority: (1) The treasurer shall maintain an updated list of participating schools and shall ensure that the list is publicly available through various sources, including the Internet. R 4 In addition to the treasurer’s duties, obligations, and authority stated in other parts of this (2) The treasurer shall provide parents with a written explanation of the allowable uses of 6 ESA funds, the responsibilities of parents, the duties of the treasurer and the role of any private 7 financial management firms or other private organizations that the treasurer may contract with to 8 administer the ESA Program or any aspect of the ESA Program. D 5 9 (3) The treasurer shall ensure that parents of students with a disability receive notice that 10 participation in the ESA Program is a parental placement under 20 U.S.C. § 1412 of the 11 Individuals with Disabilities Education Act (IDEA) along with an explanation of the rights that 12 parentally placed students possess under (IDEA) and any applicable state laws and regulations. 13 (4) The treasurer shall contract with private organizations to administer the ESA Program. 14 This includes, but is not limited to, private financial management firms to manage ESAs. 78 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 15 (5) The treasurer may deduct an amount from education savings accounts to cover the 16 costs of administering the ESA Program, up to a maximum of five percent annually in the first two 17 years of the ESA Program and up to a maximum of three percent annually thereafter. (6) The treasurer shall implement or contract with a private organization to implement a 19 commercially viable, cost effective, and parent-friendly system for payment for services from 20 ESAs to education service providers by electronic or online funds transfer and by debit card. The 21 treasurer shall not adopt a system that relies exclusively on requiring parents to be reimbursed 22 for out-of-pocket expenses, but rather shall provide maximum flexibility to parents by facilitating 23 direct payments to education service providers as well as requests for preapproval of and 24 reimbursements for qualifying expenses, including expenses pursuant to §18-31-3(d)(15) of this 25 code. AF T 18 26 (7) The treasurer shall also seek to implement a commercially viable, cost-effective, and 27 parent-friendly system for publicly rating, reviewing, and sharing information about education 28 service providers, ideally as part of the same system that facilitates the electronic or online funds 29 transfers so as to create a one-stop-shop for parents and ESA students. (8) If an education service provider requires partial payment of tuition or fees prior to the R 30 start of the academic year to reserve space for an ESA student admitted to the education service 32 provider, such partial payment may be paid by the treasurer prior to the start of the school year in 33 which the ESA is awarded, and deducted in an equitable manner from subsequent ESA deposits 34 to ensure adequate funds remain available throughout the school year; but if an ESA student 35 decides not to use the education service provider, the partial reservation payment must be 36 returned to the treasurer by such education service provider and credited to the student’s ESA. D 31 37 (9) The treasurer shall continue making deposits into a student’s ESA until: 38 (A) The treasurer determines that the ESA student is no longer an eligible student; 39 (B) The treasurer determines that there was substantial misuse of the funds in the ESA; 40 (C) The parent or ESA student withdraws from the ESA Program; 79 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 41 (D) The ESA student enrolls full-time in a public school; or 42 (E) The ESA student graduates from high school. 43 (10) The treasurer shall coordinate with the State Auditor to conduct or contract for the 44 auditing of individual ESAs, and shall, at a minimum, conduct random audits of ESAs on an annual 45 basis. 47 48 49 (11) The treasurer shall have the authority to make any parent or ESA student ineligible T 46 for the ESA Program in the event of intentional and substantial misuse of ESA funds. (A) The treasurer shall create procedures to ensure that a fair process exists to determine whether an intentional and substantial misuse of ESA funds has occurred. (B) The treasurer shall have the authority to refer suspected cases of intentional and 51 substantial misuse of ESA funds to the Attorney General for investigation if evidence of fraudulent 52 use of ESA funds is obtained. AF 50 53 (C) A parent or ESA student may appeal the treasurer’s decision to make a parent or ESA 54 student ineligible for the ESA Program to the Parent Review Committee pursuant to §18-31-6 of 55 this code. (12) The treasurer may bar an education service provider from accepting payments from R 56 57 58 59 ESAs if the treasurer determines that the education service provider has: (A) Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or (B) Routinely failed to provide students with promised educational goods or services. 61 (13) The treasurer shall create procedures to ensure that a fair process exists to determine D 60 62 63 64 whether an education service provider may be barred from receiving payment from ESAs. (A) If the treasurer bars an education service provider from receiving payments from ESAs, it shall notify parents and ESA students of its decision as quickly as possible. 65 (B) Education service providers may appeal the treasurer’s decision to bar them from 66 receiving payments from ESAs to the Parent Review Committee pursuant to §18-31-6 of this 80 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 67 code. 68 69 (14) The treasurer may accept gifts and grants from any source to cover administrative costs, to inform the public about the ESA Program, or to fund additional ESAs. (15) The treasurer shall adopt rules and policies in accordance with §29A-3A-1 et seq. 71 and §29A-3B-1 et seq. that are necessary for the administration of this article and to meet the 72 duties and responsibilities set forth herein. T 70 73 (16) The treasurer may adopt rules and policies in accordance with §29A-3A-1 et seq. and 74 §29A-3B-1 et seq. that are not inconsistent with this article and that are necessary for the 75 administration of this article, including: 77 (A) Establishing or contracting for the establishment of an online anonymous fraud AF 76 reporting service; 78 (B) Establishing an anonymous telephone hotline for fraud reporting; 79 (C) Policies that require a surety bond for education service providers receiving more than 80 $100,000 in ESA funds; 81 and R 82 (D) Procedures for refunding payments from education service providers back to ESAs; 83 (E) Procedures for entering into reciprocal agreements with other state ESA agencies or 84 entities, whether public or private, to recognize and allow education service providers approved 85 in other states to receive payments from ESAs under this article. (17) The treasurer shall create procedures for verifying the eligibility and enrollment status D 86 87 of students through the West Virginia Department of Education. 88 (18) Any rules or policies adopted by the treasurer should avoid excessive bureaucracy 89 and overly prescriptive mandates and instead focus on easing parental involvement and 90 encouraging education service providers to provide parents and ESA students with a broad array 91 of educational options. §18-31-6. Parent Review Committee. 81 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 1 (a) There is created the Parent Review Committee to assist the treasurer in determining 2 whether questionable expenditures meet the requirements to be considered qualifying expenses 3 to educate the ESA student pursuant to §18-31-3(d) of this code, and to provide recommendations 4 to the treasurer about how to implement, administer, and improve the ESA Program. (b) (1) The Parent Review Committee: 6 (A) Consists of seven members who are parents of ESA students and represent no fewer 8 9 10 11 than four counties in the state; and (B) Shall be appointed by the State Treasurer and serve at the State Treasurer’s pleasure for one calendar year and may be reappointed; and (2) The State Treasurer, or the treasurer’s designee, serves as the nonvoting chair of the committee. AF 7 T 5 12 (c) The treasurer may request the committee to meet, in person or virtually, to determine 13 whether an expenditure of ESA funds is or was a qualifying expense to educate an ESA student 14 pursuant to §18-31-3(d) of this code. 15 expenditures by a majority vote. (d) The treasurer may also request the committee to meet, in person or virtually, to review R 16 The committee may deny or approve questionable 17 18 19 appeals of: (1) Parents or ESA students who have been found ineligible due to intentional and substantial misuse of ESA funds; and (2) Education service provider denials pursuant to §18-31-7 of this code, and to provide a 21 recommendation to the treasurer as to whether an education service provider should be allowed 22 to receive, or continue receiving, payments from ESAs. D 20 §18-31-7. Requirements for and rights of education service providers. 1 (a) To be eligible to accept payments from an ESA, an education service provider shall: 2 (1) Submit notice to the treasurer that they wish to participate in the ESA Program; 3 (2) Provide parents with a receipt for all qualifying educational expenses; 82 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 4 (3) Agree not to refund, rebate, or share ESA funds with parents or ESA students in any 5 manner, except that funds may be remitted or refunded to an ESA in accordance with procedures 6 established by the treasurer; 7 (4) Certify that it will not discriminate on any basis prohibited by 42 U.S.C. §1981; and 8 (5) Agree to submit any employee who will have contact with ESA students to a criminal background check. T 9 10 (b) This article does not limit the independence or autonomy of an education service 11 provider or makes the actions of an education service provider the actions of the state 12 government. 14 (c) Education service providers shall be given maximum freedom to provide for the AF 13 educational needs of ESA students without governmental control. 15 (d) This article does not expand the regulatory authority of the state, its officers, or any 16 school district to impose any additional regulation of education service providers beyond those 17 necessary to enforce the requirements of the program. §18-31-8. Responsibilities of resident school districts. The resident school district shall provide an education service provider that has enrolled R 1 2 an ESA student with a complete copy of the student’s school records, while complying with the 3 Family Educational Rights and Privacy Act of 1974 (20 USC Section 1232 g). §18-31-9. Legal proceedings. (a) In any legal proceeding challenging the application of this article to a participating 2 entity, the state bears the burden of establishing that the challenged action, rule, or requirement 3 is necessary and does not impose any undue burden on education service providers. D 1 4 5 (b) No liability arises on the part of the treasurer or the state or of any county school district based on the award or use of an ESA awarded pursuant to this article. 6 (c) If any part of this article is challenged in a state court as violating either the state or 7 federal constitutions, parents of eligible and/or ESA students are permitted to intervene in the DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 83 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 8 lawsuit for the purposes of defending the article’s constitutionality. However, for the purposes of 9 judicial administration, a court may limit the number of parents permitted to intervene or require 10 that all parents file a joint brief, so long as they are not required to join any brief filed on behalf of 11 any named state defendant. CHAPTER 18A. SCHOOL PERSONNEL. T §18A-2-8. Suspension and dismissal of school personnel by board; appeal. (a) Notwithstanding any other provisions of law, a board may suspend or dismiss any 13 person in its employment at any time for: Immorality, incompetency, cruelty, insubordination, 14 intemperance, willful neglect of duty, unsatisfactory performance, a finding of abuse by the 15 Department of Health and Human Resources in accordance with §49-1-1 et seq. of this code, a 16 misdemeanor with a rational nexus between the conduct and performance of the employee’s job, 17 the conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge. AF 12 (b) A charge of unsatisfactory performance shall not be made except as the result of an 19 employee performance evaluation pursuant to section twelve of this article. The charges shall be 20 stated in writing served upon the employee within two days of presentation of the charges to the 21 board. R 18 (c) The affected employee shall be given an opportunity, within five days of receiving the 23 written notice, to request, in writing, a level three hearing and appeals pursuant to the provisions 24 of §6C-2-1 et seq. of this code, except that dismissal for a finding of abuse or the conviction of a 25 felony or guilty plea or plea of nolo contendere to a felony charge is not by itself a grounds for a 26 grievance proceeding. An employee charged with the commission of a felony, a misdemeanor 27 with a rational nexus between the conduct and performance of the employee’s job, or child abuse 28 may be reassigned to duties which do not involve direct interaction with pupils pending final 29 disposition of the charges. D 22 30 31 (d) A county board of education has the duty and authority to provide a safe and secure environment in which students may learn and prosper; therefore, it may take necessary steps to 84 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 32 suspend or dismiss any person in its employment at any time should the health, safety, and 33 welfare of students be jeopardized or the learning environment of other students has been 34 impacted. §18A-3-6. Grounds for revocation of certificates; recalling certificates for correction. (a) The state superintendent may, after ten days’ notice and upon proper evidence, 2 revoke the certificates of any teacher for any of the following causes: Intemperance; 3 untruthfulness; cruelty; immorality; a finding of abuse by the Department of Health and Human 4 Resources in accordance with §49-1-1 et seq of this code; the conviction of a felony or a guilty 5 plea or a plea of no contest to a felony charge; the conviction, guilty plea or plea of no contest to 6 any charge involving sexual misconduct with a minor or a student; or for using fraudulent, 7 unapproved or insufficient credit to obtain the certificates: Provided, That the certificates of a 8 teacher may not be revoked for any matter for which the teacher was disciplined, less than 9 dismissal, by the county board that employs the teacher, nor for which the teacher is meeting or 10 has met an improvement plan determined by the county board, unless it can be proven by clear 11 and convincing evidence that the teacher has committed one of the offenses listed in this 12 subsection and his or her actions render him or her unfit to teach: Provided, however, That in R AF T 1 order for any conduct of a teacher involving intemperance; cruelty; immorality; or using fraudulent, 14 unapproved or insufficient credit to obtain the certificates to constitute grounds for the revocation 15 of the certificates of the teacher, there must be a rational nexus between the conduct of the 16 teacher and the performance of his or her job. The state superintendent may designate the West 17 Virginia commission for professional teaching standards or members thereof to conduct hearings 18 on revocations or certificate denials and make recommendations for action by the state 19 superintendent: Provided further, That a teacher convicted under §61-8D-5 or a finding of abuse 20 under §49-1-1 et seq. of this code shall have his or her certificate or license automatically revoked. 21 (b) It shall be the duty of any county superintendent who knows of any acts on the part of 22 any teacher for which a certificate may be revoked in accordance with this section to report the D 13 85 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 23 same, together with all the facts and evidence, to the state superintendent for such action as in 24 the state superintendent’s judgment may be proper. 25 (c) If a certificate has been granted through an error, oversight, or misinformation, the 26 state superintendent has authority to recall the certificate and make such corrections as will 27 conform to the requirements of law and the state board. T ARTICLE 4. SALARIES, WAGES, AND OTHER BENEFITS. §18A-4-2. State minimum salaries for teachers. (a) It is the goal of the Legislature to increase the state minimum salary for teachers with 2 zero years of experience and an A. B. degree, including the equity supplement, to at least $43,000 3 by fiscal year 2019. AF 1 (b) For school year 2018–2019, and continuing thereafter, each teacher shall receive the 5 amount prescribed in the State Minimum Salary Schedule I as set forth in this section; specific 6 additional amounts prescribed in this section or article; and any county supplement in effect in a 7 county pursuant to §18A-4-5a of this code during the contract year: Provided, That for the school 8 year 2019-2020, and continuing thereafter, each teacher shall receive the amount prescribed in 9 the State Minimum Salary Schedule II as set forth in this section; specific additional amounts R 4 10 prescribed in this section or article; and any county supplement in effect in a county pursuant to 11 §18A-4-5a of this code during the contract year. D STATE MINIMUM SALARY SCHEDULE I Years 4th 3rd 2nd Exp Class Class Class 0 29,937 30,626 30,892 32,335 33,096 1 30,265 30,954 31,220 32,853 2 30,594 31,282 31,548 3 30,922 31,610 31,876 A.B. A.B. M.A. M.A. M.A. M.A. Doc- + 15 + 30 + 45 torate 34,863 35,624 36,385 37,146 38,181 33,614 35,382 36,143 36,903 37,664 38,699 33,372 34,133 35,900 36,661 37,422 38,183 39,218 33,891 34,651 36,419 37,180 37,940 38,701 39,736 + 15 86 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 31,494 32,182 32,448 34,653 35,414 37,182 37,943 38,703 39,464 40,499 5 31,822 32,510 32,776 35,172 35,933 37,700 38,461 39,222 39,983 41,018 6 32,150 32,838 33,104 35,690 36,451 38,219 38,980 39,740 40,501 41,536 7 32,478 33,167 33,432 36,209 36,970 38,737 39,498 40,259 41,020 42,055 8 32,806 33,495 33,761 36,727 37,488 39,256 40,017 40,777 41,538 42,573 9 33,134 33,823 34,089 37,246 38,007 39,774 40,535 41,296 42,057 43,092 10 33,463 34,151 34,417 37,766 38,526 40,294 41,055 41,816 42,576 43,611 11 33,791 34,479 34,745 38,284 39,045 40,813 41,573 42,334 43,095 44,130 12 34,119 34,807 35,073 38,803 39,563 41,331 42,092 42,853 43,613 44,648 13 34,447 35,135 35,401 39,321 40,082 41,850 42,610 43,371 44,132 45,167 14 34,775 35,463 35,729 39,840 40,600 42,368 43,129 43,890 44,650 45,685 15 35,103 35,791 36,057 40,358 41,119 42,887 43,647 44,408 45,169 46,204 16 35,431 36,119 36,385 40,877 41,637 43,405 44,166 44,927 45,687 46,722 17 35,759 36,448 36,713 41,395 42,156 43,924 44,685 45,445 46,206 47,241 18 36,087 36,776 37,042 41,914 42,675 44,442 45,203 45,964 46,725 47,760 19 36,415 37,104 37,370 42,432 43,193 44,961 45,722 46,482 47,243 48,278 20 36,743 37,432 37,698 42,951 43,712 45,479 46,240 47,001 47,762 48,797 21 37,072 37,760 38,026 43,469 44,230 45,998 46,759 47,519 48,280 49,315 22 37,400 38,088 38,354 43,988 44,749 46,516 47,277 48,038 48,799 49,834 23 37,728 38,416 38,682 44,507 45,267 47,035 47,796 48,556 49,317 50,352 24 38,056 38,744 39,010 45,025 45,786 47,554 48,314 49,075 49,836 50,871 25 38,384 39,072 39,338 45,544 46,304 48,072 48,833 49,594 50,354 51,389 26 38,712 39,400 39,666 46,062 46,823 48,591 49,351 50,112 50,873 51,908 27 39,040 39,728 39,994 46,581 47,341 49,109 49,870 50,631 51,391 52,426 D R AF T 4 28 39,368 40,057 40,322 47,099 47,860 49,628 50,388 51,149 51,910 52,945 29 39,696 40,385 40,651 47,618 48,378 50,146 50,907 51,668 52,428 53,463 30 40,024 40,713 40,979 48,136 48,897 50,665 51,425 52,186 52,947 53,982 31 40,353 41,041 41,307 48,655 49,416 51,183 51,944 52,705 53,465 54,500 32 40,681 41,369 41,635 49,173 49,934 51,702 52,463 53,223 53,984 55,019 33 41,009 41,697 41,963 49,692 50,453 52,220 52,981 53,742 54,503 55,538 34 41,337 42,025 42,291 50,210 50,971 52,739 53,500 54,260 55,021 56,056 87 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 35 41,665 42,353 42,619 50,729 51,490 53,257 54,018 54,779 55,540 56,575 12 13 STATE MINIMUM SALARY SCHEDULE II A.B. A.B. +15 M.A. Class 2nd Class Class M.A. +15 MA. +30 M.A. +45 Doctorate 0 32,057 32,746 33,012 34,455 35,216 36,983 37,744 38,505 39,266 40,301 1 32,385 33,074 33,340 34,973 35,734 37,502 38,263 39,023 39,784 40,819 2 32,714 33,402 33,668 35,492 36,253 38,020 38,781 39,542 40,303 41,338 3 33,042 33,730 33,996 36,011 36,771 38,539 39,300 40,060 40,821 41,856 4 33,614 34,302 34,568 36,773 37,534 39,302 40,063 40,823 41,584 42,619 5 33,942 34,630 34,896 37,292 38,053 39,820 40,581 41,342 42,103 43,138 6 34,270 34,958 35,224 37,810 38,571 40,339 41,100 41,860 42,621 43,656 7 34,598 35,287 35,552 38,329 39,090 40,857 41,618 42,379 43,140 44,175 8 34,926 35,615 35,881 38,847 39,608 41,376 42,137 42,897 43,658 44,693 9 35,254 35,943 36,209 39,366 40,127 41,894 42,655 43,416 44,177 45,212 10 35,583 36,271 36,537 39,886 40,646 42,414 43,175 43,936 44,696 45,731 11 35,911 36,599 36,865 40,404 41,165 42,933 43,693 44,454 45,215 46,250 12 36,239 36,927 37,193 40,923 41,683 43,451 44,212 44,973 45,733 46,768 13 36,567 37,255 37,521 41,441 42,202 43,970 44,730 45,491 46,252 47,287 14 36,895 37,583 37,849 41,960 42,720 44,488 45,249 46,010 46,770 47,805 15 37,223 37,911 38,177 42,478 43,239 45,007 45,767 46,528 47,289 48,324 16 37,551 38,239 38,505 42,997 43,757 45,525 46,286 47,047 47,807 48,842 17 37,879 38,568 38,833 43,515 44,276 46,044 46,805 47,565 48,326 49,361 18 38,207 38,896 39,162 44,034 44,795 46,562 47,323 48,084 48,845 49,880 19 38,535 39,224 39,490 44,552 45,313 47,081 47,842 48,602 49,363 50,398 20 38,863 39,552 39,818 45,071 45,832 47,599 48,360 49,121 49,882 50,917 T 3rd D R AF Years Exp. 4th 21 39,192 39,880 40,146 45,589 46,350 48,118 48,879 49,639 50,400 51,435 22 39,520 40,208 40,474 46,108 46,869 48,636 49,397 50,158 50,919 51,954 23 39,848 40,536 40,802 46,627 47,387 49,155 49,916 50,676 51,437 52,472 24 40,176 40,864 41,130 47,145 47,906 49,674 50,434 51,195 51,956 52,991 25 40,504 41,192 41,458 47,664 48,424 50,192 50,953 51,714 52,474 53,509 26 40,832 41,520 41,786 48,182 48,943 50,711 51,471 52,232 52,993 54,028 27 41,160 41,848 42,114 48,701 49,461 51,229 51,990 52,751 53,511 54,546 28 41,488 42,177 42,442 49,219 49,980 51,748 52,508 53,269 54,030 55,065 88 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 29 41,816 42,505 42,771 49,738 50,498 52,266 53,027 53,788 54,548 55,583 30 42,144 42,833 43,099 50,256 51,017 52,785 53,545 54,306 55,067 56,102 31 42,473 43,161 43,427 50,775 51,536 53,303 54,064 54,825 55,585 56,620 32 42,801 43,489 43,755 51,293 52,054 53,822 54,583 55,343 56,104 57,139 33 43,129 43,817 44,083 51,812 52,573 54,340 55,101 55,862 56,623 57,658 34 43,457 44,145 44,411 52,330 53,091 54,859 55,620 56,380 57,141 58,176 35 43,785 44,473 44,739 52,849 53,610 55,377 56,138 56,899 57,660 58,695 T 14 (c) Six hundred dollars shall be paid annually to each classroom teacher who has at least 16 20 years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed 17 in the applicable State Minimum Salary Schedule; (ii) shall be paid in equal monthly installments; 18 and (iii) shall be considered a part of the state minimum salaries for teachers. AF 15 19 (d) Effective July 1, 2020, each classroom teacher providing math instruction in the 20 teacher’s certified area of study for at least 60 percent of the time the teacher is providing 21 instruction to students shall be considered to have three additional years of experience only for 22 the purposes of the salary schedule set forth in §18A-4-2(b) of this code. (d) (e) To meet the objective of salary equity among the counties as set forth in §18A-4-5 24 of this code, In accordance with §18A-4-5 of this code, each teacher shall be paid an equity the R 23 25 supplement amount as applicable for his or her classification of certification or classification of 26 training and years of experience as follows, subject to the provisions of that section: 27 each year of experience up to and including 35 years of experience; D 28 (1) For “4th Class” at zero years of experience, $1,781. An additional $38 shall be paid for 29 30 31 32 33 34 (2) For “3rd Class” at zero years of experience, $1,796. An additional $67 shall be paid for each year of experience up to and including 35 years of experience; (3) For “2nd Class” at zero years of experience, $1,877. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (4) For “A. B.” at zero years of experience, $2,360. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; 89 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 37 38 39 40 41 42 43 44 45 46 for each year of experience up to and including 35 years of experience; (6) For “M. A.” at zero years of experience, $2,644. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (7) For “M. A. + 15” at zero years of experience, $2,740. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; T 36 (5) For “A. B. + 15” at zero years of experience, $2,452. An additional $69 shall be paid (8) For “M. A. + 30” at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (9) For “M. A. + 45” at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; and AF 35 (10) For “Doctorate” at zero years of experience, $2,927. An additional $69 shall be paid for each year of experience up to and including 35 years of experience. These payments: (i) Shall be in addition to any amounts prescribed in the applicable State 48 Minimum Salary Schedule, any specific additional amounts prescribed in this section and article 49 and any county supplement in effect in a county pursuant to §18A-4-5a of this code; (ii) shall be 50 paid in equal monthly installments; and (iii) shall be considered a part of the state minimum R 47 51 salaries for teachers. §18A-4-2d. Mathematics teacher incentive. (a) The Legislature recognizes that receiving quality math instruction is vital to a student’s 2 post-secondary success and that that there is a shortage of certified math teachers to provide 3 such instruction. D 1 4 (b) To ensure that students are receiving the appropriate level of math instruction that will 5 enable post-secondary success, the Department of Education shall develop or approve 6 specialized mathematics courses and make the courses available to classroom teachers. 7 (c) Effective July 1, 2019, a classroom teacher who completes a specialized mathematics 8 course established or approved pursuant to this section by May 1 of the fiscal year shall receive 90 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE a one-time payment of $2,000 from the Mathematics Incentive Program line item established for 10 the Department of Education for this purpose, subject to appropriation by the Legislature. If the 11 appropriations to the Department of Education for this purpose are insufficient to compensate all 12 applicable teachers, the Department of Education shall request a supplemental appropriation in 13 an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to 14 compensate all applicable teachers, each applicable teacher shall receive their proportionate 15 share of the funding available for the year. This one-time payment may not be counted as part of 16 the teacher’s average final salary for the purpose of calculating retirement and no retirement 17 contribution will be withheld from the payment. T 9 (d) A classroom teacher who completes the mathematics enrichment course established 19 or approved by the Department of Education after May 1 of the fiscal year shall receive the one- 20 time payment described in subsection (a) of this section during the subsequent fiscal year, subject 21 to appropriation by the Legislature. AF 18 (e) The one-time payment provided for in this section may only be paid to a classroom 23 teacher providing math instruction in the teacher’s certified area of study for at least 60 percent 24 of the time the teacher is providing instruction to students. R 22 §18A-4-5. Salary equity among the counties; state salary supplement. (a) For the purposes of this section, salary equity among the counties means that the 2 salary potential of school employees employed by the various districts throughout the state does 3 not differ by greater than ten percent between those offering the highest salaries and those 4 offering the lowest salaries. In the case of professional educators, the difference shall be 5 calculated using the average of the professional educator salary schedules, degree classifications 6 B. A. through doctorate and the years of experience provided in the most recent state minimum 7 salary schedule for teachers, in effect in the ten counties offering the highest salary schedules 8 compared to the lowest salary schedule in effect among the fifty-five counties. In the case of 9 school service personnel, the difference shall be calculated utilizing the average of the school D 1 91 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 10 service personnel salary schedules, pay grades A through H and the years of experience provided 11 in the most recent state minimum pay scale pay grade for service personnel, in effect in the ten 12 counties offering the highest salary schedules compared to the lowest salary schedule in effect 13 among the fifty-five counties. (a) The Legislature recognizes its constitutional responsibility to provide for a thorough 15 and efficient system of education. To carry out this responsibility the Legislature enacted, and 16 continues to update, as necessary, the public school support program as set forth in §18-9A-1, et 17 seq. The public school support program is a non-discriminatory funding mechanism for financing 18 the educational system in this state as it takes into account each county’s specific characteristics, 19 and ensures that all counties are provided equitable funding. AF T 14 (b) The Legislature further finds that the purpose of the public school support program is 21 not to deter counties from growing economically or from using county resources in a manner that 22 best meets their specific educational needs and the desires of their citizens. To that end, counties 23 must have the discretion and flexibility to use local county funds, not otherwise factored into the 24 public school support program, to provide the best education possible to their students, including, 25 but not limited to, providing salary supplements to teachers. R 20 (b) (c) To meet the objective of salary equity among the counties, as defined in subsection 27 (a) of this section, on and after July 1, 1984, subject Subject to available state appropriations and 28 the conditions set forth herein, each teacher and school service personnel shall receive an equity 29 supplement amount as specified in sections two and eight-a, respectively, of this article in addition 30 to the amount from the State Minimum Salary Schedules provided in those sections. State funds 31 for this purpose shall be paid within the West Virginia public school support plan in accordance 32 with §18-9A-1 et seq. of this code. The amount allocated for this supplement shall be apportioned 33 between teachers and school service personnel in direct proportion to that amount necessary to 34 support the professional salaries and service personnel salaries statewide under §18-9A-4, §18- 35 9A-5, and §18-9A-8 of this code. D 26 92 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE (c) State funds for this purpose shall be paid within the West Virginia public school support 37 plan in accordance with article nine-a, chapter eighteen of this code. The amount allocated for 38 salary equity shall be apportioned between teachers and school service personnel in direct 39 proportion to that amount necessary to support the professional salaries and service personnel 40 salaries statewide under sections four, five and eight, article nine-a, chapter eighteen of this code. 41 In the event the Department of Education determines that the objective of salary equity among 42 the counties has not been met, it shall include in its budget request for the public school support 43 plan for the next school year a request for funding sufficient to meet the objective of salary equity 44 through an across-the-board increase in the equity supplement amount of the affected class of 45 employees. AF T 36 46 (d) Pursuant to this section, each teacher and service person shall receive from state 47 funds the equity supplement amount indicated in subsection (c), section two and subsection (f), 48 section eight-a of this article §18A-4-2 and §18A-4-8a of this code, as applicable, reduced by any 49 amount provided by the county as a salary supplement for teachers and school service personnel 50 on January 1, 1984. (e) The amount received pursuant to this section shall not be decreased as a result of any R 51 county supplement increase instituted after January 1, 1984: Provided, That any amount received 53 pursuant to this section may be reduced proportionately based upon the amount of funds 54 appropriated for this purpose. No county may reduce any salary supplement that was in effect on 55 January 1, 1984, except as permitted by sections five-a and five-b of this article. D 52 §18A-4-5a. County salary supplements for teachers. 1 (a) County boards of education in fixing the salaries of teachers shall use at least the state 2 minimum salaries established under the provisions of this article. The board may establish salary 3 schedules which shall be in excess of the state minimums fixed by this article, such county 4 schedules to be uniform throughout the county as to the classification of training, experience, 5 responsibility and other requirements subject to the following: 93 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 6 (1) Counties may fix higher salaries for teachers placed in special instructional 7 assignments, for those assigned to or employed for duties other than regular instructional duties, 8 and for teachers of one-teacher schools; and they (2) Counties may provide additional compensation for any teacher assigned duties in 10 addition to the teacher's regular instructional duties wherein such noninstructional duties are not 11 a part of the scheduled hours of the regular school day; Uniformity also shall apply to such 12 additional salary increments or compensation for all persons performing like assignments and 13 duties within the county: Provided, That T 9 (3) Counties may provide additional compensation for teachers who are assigned and fully 15 certified to teach in a subject area in which the county board finds it has a critical need and 16 shortage of fully certified teachers; AF 14 17 (4) Counties may provide additional compensation or other financial assistance to 18 teachers who teach in schools that are in remote geographical locations or have experienced high 19 rates of turnover in experienced teachers; and (5) Counties may provide additional compensation to teachers who, in addition to regularly 21 assigned teaching duties, are assigned as a master teacher, mentor, academic coach, or other R 20 title whose duties include providing strong school-based support and supervision to assist 23 licensure candidates in a clinical internship, beginning teachers, and other teachers at the school 24 to improve their professional practice as set forth in the county’s comprehensive system of support 25 for teacher and leader induction and professional growth provided for in section §18A-3C-3 of this 26 code. D 22 27 (b) In establishing such local salary schedules authorized in subsection (a) of this section, 28 no county shall a county may not reduce local funds allocated for salaries in effect on January 1, 29 1990, and used in supplementing the state minimum salaries as provided for in this article, unless 30 forced to do so by defeat of a special levy, or a loss in assessed values or events over which it 31 has no control and for which the county board has received approval from the state board prior to 94 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 32 making such reduction. (c) Counties may provide, in a uniform manner, benefits for teachers which require an 34 appropriation from local funds including, but not limited to, dental, optical, health and income 35 protection insurance, vacation time and retirement plans excluding the state Teachers Retirement 36 System. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits 37 in effect on January 1, 1984, by any county board of education. T 33 §18A-4-7a. Employment, promotion, and transfer of professional personnel; Seniority qualifications. (a) A county board of education shall make decisions affecting the filling of vacancies in 2 professional positions of employment on the basis of the applicant with the highest qualifications: 3 Provided, That the county superintendent shall be hired under separate criteria pursuant to §18- 4 4-2 of this code. 5 6 AF 1 (b) In judging qualifications for the filling of vacancies of professional positions of employment, consideration shall be given to each of the following: (1) Appropriate certification, licensure, or both; 8 (2) Amount of experience relevant to the position or, in the case of a classroom teaching R 7 9 10 11 position, the amount of teaching experience in the required certification area; (3) The amount of course work, degree level, or both in the relevant field and degree level generally; (4) Academic achievement; 13 (5) In the case of a principal or classroom teaching position, certification by the National D 12 14 Board for Professional Teaching Standards; 15 (6) Specialized training relevant to performing the duties of the job; 16 (7) Past performance evaluations conducted pursuant to §18A-2-12 and §18A-3C-2 of this 17 code or, in the case of a classroom teacher, past evaluations of the applicant’s performance in 18 the teaching profession; 95 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 19 (8) Seniority; 20 (9) Other measures or indicators upon which the relative qualifications of the applicant 21 22 23 may fairly be judged; (10) In the case of a classroom teaching position, the recommendation of the principal of the school at which the applicant will be performing a majority of his or her duties; and (11) In the case of a classroom teaching position, the recommendation, if any, resulting 25 from the process established pursuant to the provisions of §18-5A-5 of this code by the faculty 26 senate of the school at which the employee will be performing a majority of his or her duties. T 24 (c) When filling of a vacancy pursuant to this section, a county board is entitled to 28 determine the appropriate weight to apply to each of the criterion when assessing an applicant’s 29 qualifications: Provided, That if one or more permanently employed instructional personnel apply 30 for a classroom teaching position and meet the standards set forth in the job posting, each 31 criterion under subsection (b) of this section shall be given equal weight except that the criterion 32 in subdivisions (10) and (11) of said subsection shall each be double weighted. AF 27 (d) For a classroom teaching position, if the principal and faculty senate recommend the 34 same applicant pursuant to subdivisions (10) and (11), subsection (b) of this section, and the R 33 35 superintendent concurs with those recommendations, then the other provisions of subsections 36 (b) and (c) of this section do not apply and the county board shall appoint that applicant 37 notwithstanding any other provision of this code to the contrary. (e) The state board shall promulgate a rule, including an emergency rule if necessary, in 39 accordance with the provisions of §29A-3B-1 et seq. article three-b, chapter twenty-nine-a of this 40 code to implement and interpret the provisions of this section. The rule may provide for a 41 classroom teacher who directly participates in making recommendations pursuant to this section 42 to be compensated at the appropriate daily rate during periods of participation beyond his or her 43 individual contract. D 38 44 (f) The recommendations of the principal and faculty senate made pursuant to 96 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 45 subdivisions (10) and (11), subsection (b) of this section shall be based on a determination as to 46 which applicant is the most highly qualified for the position: Provided, That nothing in this 47 subsection may require principals or faculty senates to assign any amount of weight to any factor 48 in making a recommendation. (g) With the exception of guidance counselors, the seniority of classroom teachers, as 50 defined in section one, article one of this chapter, shall be determined on the basis of the length 51 of time the employee has been employed as a regular full-time certified and/or licensed 52 professional educator by the county board of education and shall be granted in all areas that the 53 employee is certified, licensed or both. T 49 (h) Upon completion of 133 days of employment in any one school year, substitute 55 teachers, except retired teachers and other retired professional educators employed as 56 substitutes, shall accrue seniority exclusively for the purpose of applying for employment as a 57 permanent, full-time professional employee. One hundred thirty-three days or more of said 58 employment shall be prorated and shall vest as a fraction of the school year worked by the 59 permanent, full-time teacher. (i) Guidance counselors and all other professional employees, as defined in section one, R 60 AF 54 article one of this chapter, except classroom teachers, shall gain seniority in their nonteaching 62 area of professional employment on the basis of the length of time the employee has been 63 employed by the county board of education in that area: Provided, That if an employee is certified 64 as a classroom teacher, the employee accrues classroom teaching seniority for the time that 65 employee is employed in another professional area. For the purposes of accruing seniority under 66 this subsection, employment as principal, supervisor or central office administrator, as defined in 67 §18A-1-1 of this code, shall be considered one area of employment. D 61 68 (j) Employment for a full employment term equals one year of seniority, but an employee 69 may not accrue more than one year of seniority during any given fiscal year. Employment for less 70 than the full employment term shall be prorated. If two or more employees with the same 97 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE certification establish an identical seniority date as a result of initial employment as a regular 72 teacher on or after July 1, 2019, the priority between these employees shall be determined by a 73 random selection system established by the employees and approved by the the county board. A 74 board shall conduct the random selection within 30 days of the time the employees with the same 75 certification establish an identical seniority date. All employees with an identical date and the 76 same certification shall participate in the random selection. As long as the affected employees 77 hold the identical seniority date within a certification, the initial random selection conducted by the 78 board shall be permanent for the duration of the employment of the employees by the board. A 79 random selection system established by the employees and approved by the county board shall 80 be used to determine the priority if two or more employees accumulate identical seniority: 81 Provided, That when two or more principals have accumulated identical seniority. AF T 71 (k) All decisions on reductions in force shall be based on qualifications as set forth in a 83 county board policy. Furthermore, for the purposes of this subsection and subsections (l) through 84 (t), inclusive, of this section, the word “qualifications” means the qualifications set forth in county 85 board policy and only means qualifications set forth in subsection (b) of this section to the extent 86 those qualifications are set forth in county board policy: Provided, That in defining the word R 82 87 “qualifications” in its policy, the county board: (1) Shall consider including the criteria set forth in subsection (b) of this section; 89 (2) Shall consider other criteria set forth in subsection (b) of this section to the extent they 90 are included in the county board policy only after considering personnel whose last performance 91 evaluation conducted pursuant to §18A-2-12 or §18A-3C-2 of this code as applicable, is less than 92 satisfactory; and D 88 93 (3) May not include salary as one of the criteria in the definition. 94 (k) (l) Whenever a county board is required to reduce the number of professional personnel 95 in its employment, the employee with the least amount of seniority who is least qualified, as set 96 forth in county board policy, shall be properly notified and released from employment pursuant to 98 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 97 the provisions of §18A-2-2 of this code. The provisions of this This subsection are is subject to 98 the following: 99 (1) All persons employed in a certification area to be reduced who are employed under a 100 temporary permit shall be properly notified and released before a fully certified employee in such 101 a position is subject to release; (2) Notwithstanding any provision of this code to the contrary, for any vacancy in an 103 established, existing or newly created position that, on or before March 1, is known to exist for 104 the ensuing school year, upon recommendation of the superintendent, the board shall appoint the 105 successful applicant from among all qualified applicants. All employees subject to release shall 106 be considered applicants for the positions for which they are qualified and shall be considered 107 before posting such vacancies for application by nonemployees; AF T 102 (3) An employee subject to release shall be employed in any other professional position 109 where the employee is certified and was previously employed or to any lateral area for which the 110 employee is certified, licensed or both: if the employees seniority is greater than the seniority of 111 any other employee in that area of certification, licensure or both Provided, That the employee is 112 the most qualified person for that position; R 108 (4) If an employee subject to release holds certification, licensure or both in more than one 114 lateral area and if the employee’s seniority is qualifications are greater than the seniority 115 qualifications of any other employee in one or more of those areas of certification, licensure, or 116 both, the employee subject to release shall be employed in the professional position held by the 117 employee with the least seniority who is least qualified in any of those areas of certification, 118 licensure, or both; and D 113 119 (5) If, prior to August 1 of the year, a reduction in force is approved, the reason for any 120 particular reduction in force no longer exists as determined by the county board in its sole and 121 exclusive judgment, the board shall rescind the reduction in force or transfer and shall notify the 122 released employee in writing of his or her right to be restored to his or her position of employment. 99 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE Within five days of being so notified, the released employee shall notify the board, in writing, of 124 his or her intent to resume his or her position of employment or the right to be restored shall 125 terminate. Notwithstanding any other provision of this subdivision, if there is another employee on 126 the preferred recall list with proper certification and higher seniority has greater qualifications, that 127 person shall be placed in the position restored as a result of the reduction in force being rescinded. 128 (l) (m) For the purpose of this article, all positions which meet the definition of “classroom 129 teacher” as defined in section one, article one of this chapter shall be lateral positions. For all 130 other professional positions, the county board of education shall adopt a policy by October 31, 131 1993, and may modify the policy thereafter as necessary, which defines which positions shall be 132 lateral positions. In adopting the policy, the board shall may give consideration to the rank of each 133 position in terms of title; nature of responsibilities; salary level; and certification, licensure or both, 134 and along with the days in the period of employment. AF T 123 (n) (o) All professional personnel whose seniority lesser qualifications, as determined by 136 county board policy, with the county board is insufficient to allow their retention by the county 137 board during a reduction in workforce shall be placed upon a preferred recall list. As to any 138 professional position opening within the area where they had previously been employed or to any R 135 lateral area for which they have certification, licensure or both, the employee shall be recalled on 140 the basis of seniority qualifications if no regular, full-time professional personnel, or those 141 returning from leaves of absence with greater seniority are qualified qualifications, apply for and 142 accept the position. D 139 143 (o) (p) Before position openings that are known or expected to extend for twenty 144 consecutive employment days or longer for professional personnel may be filled by the board, the 145 board shall be required to notify all qualified professional personnel on the preferred list and give 146 them an opportunity to apply, but failure to apply shall not cause the employee to forfeit any right 147 to recall. The notice shall be sent by certified mail to the last known address of the employee and 148 it shall be the duty of each professional personnel to notify the board of continued availability 100 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE annually, of any change in address or of any change in certification, licensure or both The board 150 shall annually notify professional personnel on the preferred list of the job application procedures 151 and any websites used to advertise vacancies. The notice shall be sent by certified mail via the 152 U.S. Postal Service to the last known address of the employee, and it shall be the duty of each 153 professional person to notify the board of continued availability annually of any change in address, 154 or of any change in certification, licensure or both. 155 156 T 149 (o) (p) Openings in established, existing, or newly created positions shall be processed as follows: (1) Boards shall be required to post and date notices of each opening at least once. At 158 their discretion, boards may post an opening for a position other than classroom teacher more 159 than once in order to attract more qualified applicants. At their discretion, boards may post repost 160 an opening for a classroom teacher one additional time after the first posting in order to attract 161 more qualified applicants only if fewer than three individuals apply during the first posting subject 162 to the following: AF 157 (A) Each notice shall be posted in conspicuous working places for all professional 164 personnel to observe for at least five working days which may include any website maintained by R 163 165 166 167 (B) At least one notice shall be posted within 20 working days of the position openings and shall include the job description; (C) Any special criteria or skills that are required by the position shall be specifically stated D 168 the county board; 169 170 171 172 173 174 in the job description and directly related to the performance of the job; (D) Postings for vacancies made pursuant to this section shall be written so as to ensure that the largest possible pool of qualified applicants may apply; and (E) Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant; (2) No vacancy may be filled until after the five-day minimum posting period of the most 101 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 175 recent posted notice of the vacancy; 176 (3) If one or more applicants under all the postings for a vacancy meets the qualifications 177 listed in the job posting, the successful applicant to fill the vacancy shall be selected by the board 178 within 30 working days of the end of the first posting period; (4) A position held by a teacher who is certified, licensed, or both, who has been issued a 180 permit for full-time employment and is working toward certification in the permit area shall not be 181 subject to posting if the certificate is awarded within five years; and 182 183 T 179 (5) Nothing provided herein may prevent the county board of education from eliminating a position due to lack of need. (p) (q) Notwithstanding any other provision of the code to the contrary, where the total 185 number of classroom teaching positions in an elementary school does not increase from one 186 school year to the next, but there exists in that school a need to realign the number of teachers 187 in one or more grade levels, kindergarten through six, teachers at the school may be reassigned 188 to grade levels for which they are certified without that position being posted: Provided, That the 189 employee and the county board mutually agree to the reassignment. (q) (r) Reductions in classroom teaching positions in elementary schools shall be R 190 AF 184 191 determined pursuant to the considerations set forth in county board policy and processed as 192 follows: (1) When the total number of classroom teaching positions in an elementary school needs 194 to be reduced, the reduction shall be made on the basis of seniority qualifications with the least 195 senior qualified classroom teacher being recommended for transfer; and D 193 196 (2) When a specified grade level needs to be reduced and the least senior qualified 197 employee in the school is not in that grade level, the senior least qualified classroom teacher in 198 the grade level that needs to be reduced shall be reassigned to the position made vacant by the 199 transfer of the senior least qualified classroom teacher in the school without that position being 200 posted: Provided, That the employee is certified, licensed or both and agrees to the reassignment. 102 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE (r) (s) Any board failing to comply with the provisions of this article may be compelled to 202 do so by mandamus and shall be liable to any party prevailing against the board for court costs 203 and reasonable attorney fees as determined and established by the court. Further, employees 204 denied promotion or employment in violation of this section shall be awarded the job, pay and any 205 applicable benefits retroactive to the date of the violation and payable entirely from local funds. 206 Further, the board shall be liable to any party prevailing against the board for any court reporter 207 costs including copies of transcripts. T 201 (s) The county board shall compile, update annually on July 1 and make available by 209 electronic or other means to all employees a list of all professional personnel employed by the 210 county, their areas of certification and their seniority. AF 208 211 (t) Notwithstanding any other provision of this code to the contrary, upon recommendation 212 of the principal and approval by the classroom teacher and county board, a classroom teacher 213 assigned to the school may at any time be assigned to a new or existing classroom teacher 214 position at the school without the position being posted. (u) The amendments to this section during the 2019 regular session of the Legislature 216 shall be effective for school years beginning on or after July 1, 2019, and the provisions of this R 215 217 section existing immediately prior to the 2019 regular session of the Legislature remain in effect 218 for school years beginning prior to July 1, 2019. §18A-4-8a. Service personnel minimum monthly salaries. (a) The minimum monthly pay for each service employee shall be as follows: 2 (1) For school year 2018–2019, and continuing thereafter, the minimum monthly pay for 3 each service employee whose employment is for a period of more than three and one-half hours 4 a day shall be at least the amounts indicated in the State Minimum Pay Scale Pay Grade Schedule 5 I and the minimum monthly pay for each service employee whose employment is for a period of 6 three and one-half hours or less a day shall be at least one-half the amount indicated in the State 7 Minimum Pay Scale Pay Grade set forth in this subdivision: Provided, That for school year 2019- D 1 103 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 2020, and continuing thereafter, the minimum monthly pay for each service employee whose 9 employment is for a period of more than three and one-half hours a day shall be at least the 10 amounts indicated in the State Minimum Pay Scale Pay Grade Schedule II and the minimum 11 monthly pay for each service employee whose employment is for a period of three and one-half 12 hours or less a day shall be at least one-half the amount indicated in the State Minimum Pay 13 Scale Pay Grade set forth in this subdivision. 14 T 8 STATE MINIMUM PAY SCALE PAY GRADE SCHEDULE I Years Exp. 0 1 2 3 4 5 6 C D PAY GRADE E F G H 1,770 1,791 1,833 1,886 1,939 2,002 2,034 2,107 1,802 1,824 1,865 1,918 1,972 2,035 2,066 2,140 1,835 1,856 1,898 1,951 2,004 2,067 2,099 2,172 1,867 1,889 1,931 1,984 2,037 2,100 2,132 2,205 1,900 1,922 1,963 2,016 2,069 2,133 2,164 2,239 1,933 1,954 1,996 2,049 2,102 2,165 2,197 2,271 1,965 1,987 2,030 2,082 2,135 2,198 2,230 2,304 1,999 2,019 2,062 2,114 2,167 2,231 2,262 2,337 R 7 B AF A 2,032 2,052 2,095 2,147 2,200 2,263 2,295 2,369 9 2,064 2,085 2,128 2,181 2,233 2,296 2,327 2,402 10 2,097 2,118 2,160 2,213 2,265 2,330 2,361 2,435 11 2,130 2,151 2,193 2,246 2,298 2,362 2,394 2,467 12 2,162 2,184 2,225 2,279 2,332 2,395 2,426 2,500 13 2,195 2,216 2,258 2,311 2,364 2,427 2,459 2,533 14 2,228 2,249 2,291 2,344 2,397 2,460 2,492 2,565 15 2,260 2,282 2,323 2,376 2,429 2,493 2,524 2,598 16 2,293 2,314 2,356 2,409 2,462 2,525 2,557 2,631 17 2,325 2,347 2,390 2,442 2,495 2,558 2,590 2,664 18 2,358 2,380 2,422 2,474 2,527 2,591 2,622 2,697 D 8 104 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 2,392 2,412 2,455 2,507 2,560 2,623 2,655 2,729 20 2,424 2,445 2,488 2,541 2,593 2,656 2,688 2,763 21 2,457 2,477 2,520 2,573 2,625 2,689 2,720 2,797 22 2,490 2,511 2,553 2,606 2,658 2,722 2,754 2,829 23 2,522 2,544 2,586 2,639 2,692 2,756 2,788 2,863 24 2,555 2,576 2,618 2,671 2,724 2,790 2,821 2,897 25 2,588 2,609 2,651 2,704 2,758 2,822 2,855 2,929 26 2,620 2,642 2,683 2,738 2,792 2,856 2,887 2,963 27 2,653 2,674 2,716 2,770 2,824 2,888 2,921 2,996 28 2,686 2,707 2,750 2,804 2,858 2,922 2,955 3,030 29 2,718 2,741 2,783 2,836 2,891 2,956 2,987 3,064 30 2,752 2,773 2,817 2,870 2,924 2,988 3,021 3,097 2,785 2,807 2,851 2,904 2,958 3,022 3,055 3,130 2,819 2,840 2,883 2,937 2,990 3,056 3,087 3,164 2,853 2,873 2,917 2,971 3,024 3,088 3,121 3,197 2,885 2,907 2,951 3,005 3,058 3,122 3,155 3,230 2,919 2,941 2,983 3,037 3,090 3,156 3,188 3,264 2,953 2,974 3,017 3,071 3,125 3,189 3,222 3,296 2,985 3,008 3,051 3,105 3,159 3,223 3,255 3,330 3,019 3,040 3,083 3,137 3,191 3,256 3,288 3,364 39 3,053 3,074 3,117 3,171 3,225 3,289 3,322 3,396 40 3,085 3,108 3,150 3,204 3,259 3,323 3,355 3,430 32 33 34 35 36 37 R 38 AF 31 T 19 15 STATE MINIMUM PAY SCALE PAY GRADE SCHEDULE II D 16 Years Exp. A B C D 0 1,885 1,906 1,948 2,001 1 1,917 1,939 1,980 2 1,950 1,971 3 1,982 4 5 PAY GRADE E F G H 2,054 2,117 2,149 2,222 2,033 2,087 2,150 2,181 2,255 2,013 2,066 2,119 2,182 2,214 2,287 2,004 2,046 2,099 2,152 2,215 2,247 2,320 2,015 2,037 2,078 2,131 2,184 2,248 2,279 2,354 2,048 2,069 2,111 2,164 2,217 2,280 2,312 2,386 105 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 2,080 2,102 2,145 2,197 2,250 2,313 2,345 2,419 7 2,114 2,134 2,177 2,229 2,282 2,346 2,377 2,452 8 2,147 2,167 2,210 2,262 2,315 2,378 2,410 2,484 9 2,179 2,200 2,243 2,296 2,348 2,411 2,442 2,517 10 2,212 2,233 2,275 2,328 2,380 2,445 2,476 2,550 11 2,245 2,266 2,308 2,361 2,413 2,477 2,509 2,582 12 2,277 2,299 2,340 2,394 2,447 2,510 2,541 2,615 13 2,310 2,331 2,373 2,426 2,479 2,542 2,574 2,648 14 2,343 2,364 2,406 2,459 2,512 2,575 2,607 2,680 15 2,375 2,397 2,438 2,491 2,544 2,608 2,639 2,713 16 2,408 2,429 2,471 2,524 2,577 2,640 2,672 2,746 17 2,440 2,462 2,505 2,557 2,610 2,673 2,705 2,779 18 2,473 2,495 2,537 2,589 2,642 2,706 2,737 2,812 19 2,507 2,527 2,570 2,622 2,675 2,738 2,770 2,844 20 30 AF T 6 2,539 2,560 2,603 2,656 2,708 2,771 2,803 2,878 2,572 2,592 2,635 2,688 2,740 2,804 2,835 2,912 2,605 2,626 2,668 2,721 2,773 2,837 2,869 2,944 2,637 2,659 2,701 2,754 2,807 2,871 2,903 2,978 2,670 2,691 2,733 2,786 2,839 2,905 2,936 3,012 2,703 2,724 2,766 2,819 2,873 2,937 2,970 3,044 2,735 2,757 2,798 2,853 2,907 2,971 3,002 3,078 2,768 2,789 2,831 2,885 2,939 3,003 3,036 3,111 2,801 2,822 2,865 2,919 2,973 3,037 3,070 3,145 2,833 2,856 2,898 2,951 3,006 3,071 3,102 3,179 2,867 2,888 2,932 2,985 3,039 3,103 3,136 3,212 31 2,900 2,922 2,966 3,019 3,073 3,137 3,170 3,245 32 2,934 2,955 2,998 3,052 3,105 3,171 3,202 3,279 33 2,968 2,988 3,032 3,086 3,139 3,203 3,236 3,312 34 3,000 3,022 3,066 3,120 3,173 3,237 3,270 3,345 35 3,034 3,056 3,098 3,152 3,205 3,271 3,303 3,379 36 3,068 3,089 3,132 3,186 3,240 3,304 3,337 3,411 37 3,100 3,123 3,166 3,220 3,274 3,338 3,370 3,445 38 3,134 3,155 3,198 3,252 3,306 3,371 3,403 3,479 39 3,168 3,189 3,232 3,286 3,340 3,404 3,437 3,511 40 3,200 3,223 3,265 3,319 3,374 3,438 3,470 3,545 21 22 23 24 25 26 27 28 D R 29 17 18 (2) Each service employee shall receive the amount prescribed in the State Minimum Pay 19 Scale Pay Grade in accordance with the provisions of this subsection according to their class title 20 and pay grade as set forth in this subdivision: 106 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE CLASS TITLE PAY GRADE 22 Accountant I .......................................................................................................D 23 Accountant II ...................................................................................................... E 24 Accountant III ..................................................................................................... F 25 Accounts Payable Supervisor ............................................................................ G 26 Aide I .................................................................................................................. A 27 Aide II ................................................................................................................. B 28 Aide III ................................................................................................................C 29 Aide IV ................................................................................................................D 30 Audiovisual Technician .......................................................................................C 31 Auditor ............................................................................................................... G 32 Autism Mentor .................................................................................................... F 33 Braille Specialist ................................................................................................. E 34 Bus Operator ......................................................................................................D 35 Buyer .................................................................................................................. F 36 Cabinetmaker .................................................................................................... G R AF T 21 Cafeteria Manager ..............................................................................................D 38 Carpenter I ......................................................................................................... E 39 Carpenter II ........................................................................................................ F 40 Chief Mechanic .................................................................................................. G 41 Clerk I ................................................................................................................. B 42 Clerk II ................................................................................................................C 43 Computer Operator ............................................................................................. E 44 Cook I ................................................................................................................. A 45 Cook II ................................................................................................................ B 46 Cook III ...............................................................................................................C D 37 107 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE Crew Leader ....................................................................................................... F 48 Custodian I ......................................................................................................... A 49 Custodian II ........................................................................................................ B 50 Custodian III .......................................................................................................C 51 Custodian IV .......................................................................................................D 52 Director or Coordinator of Services .....................................................................H 53 Draftsman ...........................................................................................................D 54 Early Childhood Classroom Assistant Teacher I ................................................. E 55 Early Childhood Classroom Assistant Teacher II ................................................ E 56 Early Childhood Classroom Assistant Teacher III ............................................... F 57 Educational Sign Language Interpreter I ............................................................. F 58 Educational Sign Language Interpreter II ........................................................... G 59 Electrician I ......................................................................................................... F 60 Electrician II ....................................................................................................... G 61 Electronic Technician I ....................................................................................... F 62 Electronic Technician II ..................................................................................... G R AF T 47 Executive Secretary ........................................................................................... G 64 Food Services Supervisor .................................................................................. G 65 Foreman ............................................................................................................ G 66 General Maintenance .........................................................................................C 67 Glazier ................................................................................................................D 68 Graphic Artist ......................................................................................................D 69 Groundsman ....................................................................................................... B 70 Handyman .......................................................................................................... B 71 Heating and Air Conditioning Mechanic I ............................................................ E 72 Heating and Air Conditioning Mechanic II .......................................................... G D 63 108 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE Heavy Equipment Operator ................................................................................ E 74 Inventory Supervisor ...........................................................................................D 75 Key Punch Operator ........................................................................................... B 76 Licensed Practical Nurse .................................................................................... F 77 Locksmith .......................................................................................................... G 78 Lubrication Man ..................................................................................................C 79 Machinist ............................................................................................................ F 80 Mail Clerk ...........................................................................................................D 81 Maintenance Clerk ..............................................................................................C 82 Mason ............................................................................................................... G 83 Mechanic ............................................................................................................ F 84 Mechanic Assistant ............................................................................................. E 85 Office Equipment Repairman I ............................................................................ F 86 Office Equipment Repairman II .......................................................................... G 87 Painter ................................................................................................................ E 88 Paraprofessional ................................................................................................ F R AF T 73 Payroll Supervisor ............................................................................................. G 90 Plumber I ............................................................................................................ E 91 Plumber II .......................................................................................................... G 92 Printing Operator ................................................................................................ B 93 Printing Supervisor .............................................................................................D 94 Programmer .......................................................................................................H 95 Roofing/Sheet Metal Mechanic ........................................................................... F 96 Sanitation Plant Operator .................................................................................. G 97 School Bus Supervisor ....................................................................................... E 98 Secretary I ..........................................................................................................D D 89 109 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE Secretary II ......................................................................................................... E 100 Secretary III ........................................................................................................ F 101 Sign Support Specialist ...................................................................................... E 102 Supervisor of Maintenance .................................................................................H 103 Supervisor of Transportation ..............................................................................H 104 Switchboard Operator-Receptionist ....................................................................D 105 Truck Driver ........................................................................................................D 106 Warehouse Clerk ................................................................................................C 107 Watchman .......................................................................................................... B 108 Welder ................................................................................................................ F 109 WVEIS Data Entry and Administrative Clerk ....................................................... B 110 (b) An additional $12 per month is added to the minimum monthly pay of each service 112 113 person who holds a high school diploma or its equivalent. (c) An additional $11 per month also is added to the minimum monthly pay of each service person for each of the following: (1) A service person who holds 12 college hours or comparable credit obtained in a trade R 114 AF 111 T 99 115 116 117 (2) A service person who holds 24 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (3) A service person who holds 36 college hours or comparable credit obtained in a trade D 118 or vocational school as approved by the state board; 119 120 121 122 123 or vocational school as approved by the state board; (4) A service person who holds 48 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (5) A service employee who holds 60 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; 110 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 126 127 128 129 130 131 132 133 134 135 or vocational school as approved by the state board; (7) A service person who holds 84 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (8) A service person who holds 96 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; T 125 (6) A service person who holds 72 college hours or comparable credit obtained in a trade (9) A service person who holds 108 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (10) A service person who holds 120 college hours or comparable credit obtained in a trade or vocational school as approved by the state board. AF 124 (d) An additional $40 per month also is added to the minimum monthly pay of each service person for each of the following: (1) A service person who holds an associate’s degree; 137 (2) A service person who holds a bachelor’s degree; 138 (3) A service person who holds a master’s degree; 139 (4) A service person who holds a doctorate degree. R 136 140 141 (e) An additional $11 per month is added to the minimum monthly pay of each service person for each of the following: (1) A service person who holds a bachelor’s degree plus 15 college hours; 143 (2) A service person who holds a master’s degree plus 15 college hours; 144 (3) A service person who holds a master’s degree plus 30 college hours; 145 (4) A service person who holds a master’s degree plus 45 college hours; and 146 (5) A service person who holds a master’s degree plus 60 college hours. 147 (f) To meet the objective of salary equity among the counties, each Each service person 148 is paid an equity a supplement, as set forth in §18A-4-5 of this code, of $164 per month, subject 149 to the provisions of that section. These payments: (i) Are in addition to any amounts prescribed D 142 111 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 150 in the applicable State Minimum Pay Scale Pay Grade, any specific additional amounts prescribed 151 in this section and article, and any county supplement in effect in a county pursuant to §18A-4-5b 152 of this code; (ii) are paid in equal monthly installments; and (iii) are considered a part of the state 153 minimum salaries for service personnel. (g) When any part of a school service person’s daily shift of work is performed between 155 the hours of 6:00 p.m. and 5:00 a.m. the following day, the employee is paid no less than an 156 additional $10 per month and one half of the pay is paid with local funds. 157 158 T 154 (h) Any service person required to work on any legal school holiday is paid at a rate one and one-half times the person’s usual hourly rate. (i) Any full-time service personnel required to work in excess of their normal working day 160 during any week which contains a school holiday for which they are paid is paid for the additional 161 hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate 162 and paid entirely from county board funds. AF 159 (j) A service person may not have his or her daily work schedule changed during the school 164 year without the employee’s written consent and the person’s required daily work hours may not 165 be changed to prevent the payment of time and one-half wages or the employment of another R 163 166 employee. (k) The minimum hourly rate of pay for extra duty assignments as defined in §18A-4-8b of 168 this code is no less than one-seventh of the person’s daily total salary for each hour the person 169 is involved in performing the assignment and paid entirely from local funds: Provided, That an 170 alternative minimum hourly rate of pay for performing extra duty assignments within a particular 171 category of employment may be used if the alternate hourly rate of pay is approved both by the 172 county board and by the affirmative vote of a two-thirds majority of the regular full-time persons 173 within that classification category of employment within that county: Provided, however, That the 174 vote is by secret ballot if requested by a service person within that classification category within 175 that county. The salary for any fraction of an hour the employee is involved in performing the D 167 112 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 176 assignment is prorated accordingly. When performing extra duty assignments, persons who are 177 regularly employed on a one-half day salary basis shall receive the same hourly extra duty 178 assignment pay computed as though the person were employed on a full-day salary basis. (l) The minimum pay for any service personnel engaged in the removal of asbestos 180 material or related duties required for asbestos removal is their regular total daily rate of pay and 181 no less than an additional $3 per hour or no less than $5 per hour for service personnel 182 supervising asbestos removal responsibilities for each hour these employees are involved in 183 asbestos-related duties. Related duties required for asbestos removal include, but are not limited 184 to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, 185 placing and removal of equipment, and removal of structures from the site. If any member of an 186 asbestos crew is engaged in asbestos-related duties outside of the employee’s regular 187 employment county, the daily rate of pay is no less than the minimum amount as established in 188 the employee’s regular employment county for asbestos removal and an additional $30 per each 189 day the employee is engaged in asbestos removal and related duties. The additional pay for 190 asbestos removal and related duties shall be payable entirely from county funds. Before service 191 personnel may be used in the removal of asbestos material or related duties, they shall have R AF T 179 192 completed a federal Environmental Protection Act-approved training program and be licensed. 193 The employer shall provide all necessary protective equipment and maintain all records required 194 by the Environmental Protection Act. (m) For the purpose of qualifying for additional pay as provided in §18A-5-8 of this code, 196 an aide is considered to be exercising the authority of a supervisory aide and control over pupils 197 if the aide is required to supervise, control, direct, monitor, escort, or render service to a child or 198 children when not under the direct supervision of a certified professional person within the 199 classroom, library, hallway, lunchroom, gymnasium, school building, school grounds, or wherever 200 supervision is required. For purposes of this section, “under the direct supervision of a certified D 195 113 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 201 professional person” means that certified professional person is present, with and accompanying 202 the aide. §18A-4-10. Personal leave for illness and other causes; leave banks; substitutes. (a) Personal Leave. 204 (1) At the beginning of the employment term, any Any full-time employee of a county board 205 is entitled annually to accrue to at least one and one-half days personal leave for each 206 employment month or major fraction thereof in the employee's employment term. Personal leave 207 is accrued at the end of each pay period based on a ten month pay calendar or on the last workday 208 for separating employees. 209 transferable within the state. A change in job assignment during the school year does not affect 210 the employee's rights or benefits. T 203 AF Unused leave shall be accumulative without limitation and is (2) A regular full-time employee who is absent from assigned duties due to accident, 212 sickness, death in the immediate family, or life threatening illness of the employee's spouse, 213 parents or child, or other cause authorized or approved by the board, shall be paid the full salary 214 from his or her regular budgeted salary appropriation during the period which the employee is 215 absent, but not to exceed the total amount of leave to which the employee is entitled has accrued. R 211 (3) Each employee is permitted to use three days of leave annually without regard to the 217 cause for the absence. Personal leave without cause may not be used on consecutive work days 218 unless authorized or approved by the employee's principal or immediate supervisor, as 219 appropriate. The employee shall give notice of leave without cause to the principal or immediate 220 supervisor at least 24 hours in advance, except that in the case of sudden and unexpected 221 circumstances, notice shall be given as soon as reasonably practicable. The principal or 222 immediate supervisor may deny use of the day if, at the time notice is given, either 15 percent of 223 the employees or three employees, whichever is greater, under the supervision of the principal or 224 immediate supervisor, have previously given notice of their intention to use that day for leave. 225 Personal leave may not be used in connection with a concerted work stoppage or strike. Where D 216 114 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 226 the cause for leave originated prior to the beginning of the employment term, the employee shall 227 be paid for time lost after the start of the employment term, but not to exceed the total amount of 228 leave the employee has accrued. If an employee uses personal leave which the employee has 229 not yet accumulated on a monthly basis and subsequently leaves the employment, the employee 230 is required to reimburse the board for the salary or wages paid for the unaccumulated leave. (4) The State Board shall maintain a rule to restrict the payment of personal leave benefits 232 and the charging of personal leave time used to an employee receiving a workers' compensation 233 benefit from a claim filed against and billed to the county board by which the person is employed. 234 If an employee is awarded this benefit, the employee shall receive personal leave compensation 235 only to the extent the compensation is required, when added to the workers' compensation 236 benefit, to equal the amount of compensation regularly paid the employee. If personal leave 237 compensation equal to the employee's regular pay is paid prior to the award of the workers' 238 compensation benefit, the amount which, when added to the benefit, is in excess of the 239 employee's regular pay shall be deducted from the employee's subsequent pay. The employee's 240 accrued personal leave days shall be charged only for such days as equal the amount of personal 241 leave compensation required to compensate the employee at the employee's regular rate of pay. R AF T 231 242 (5) The county board may establish reasonable rules for reporting and verification of 243 absences for cause. If any error in reporting absences occurs, the county board may make 244 necessary salary adjustments: (A) In the next pay after the employee has returned to duty; or 246 (B) In the final pay if the absence occurs during the last month of the employment term. 247 (b) Leave Banks. 248 (1) Each county board shall establish a personal leave bank that is available to all school 249 personnel. The board may establish joint or separate banks for professional personnel and school 250 service personnel. Each employee may contribute up to two days of personal leave per school 251 year. An employee may not be coerced or compelled to contribute to a personal leave bank. D 245 115 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 252 253 (2) The personal leave bank shall be established and operated pursuant to a rule adopted by the county board. The rule: (A) May limit the maximum number of days used by an employee; 255 (B) Shall limit the use of leave bank days to an active employee with fewer than five days 256 accumulated personal leave who is absent from work due to accident or illness of the employee; 257 and T 254 (C) Shall prohibit the use of days to: 259 (i) Qualify for or add to service for any retirement system administered by the state; or 260 (ii) Extend insurance coverage pursuant to §5-16-13 of this code. 261 (D) Shall require that each personal leave day contributed: 262 (i) Is deducted from the number of personal leave days to which the donor employee is 263 AF 258 entitled by this section; 264 (ii) Is not deducted from the personal leave days without cause to which a donor employee 265 is entitled if sufficient general personal leave days are otherwise available to the donor employee; (iii) Is credited to the receiving employee as one full personal leave day; 267 (iv) May not be credited for more or less than a full day by calculating the value of the R 266 268 leave according to the hourly wage of each employee; and (v) May be used only for an absence due to the purpose for which the leave was 270 transferred. Any transferred days remaining when the catastrophic medical emergency ends 271 revert back to the leave bank. D 269 272 273 (3) The administration, subject to county board approval, may use its discretion as to the need for a substitute where limited absence may prevail, when an allowable absence does not: 274 (i) Directly affect the instruction of the students; or 275 (ii) Require a substitute employee because of the nature of the work and the duration of 276 277 the cause for the absence. (4) If funds in any fiscal year, including transfers, are insufficient to pay the full cost of 116 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 278 substitutes for meeting the provisions of this section, the remainder shall be paid on or before 279 August 31 from the budget of the next fiscal year. 280 (5) A county board may supplement the leave provisions in any manner it considers 281 advisable in accordance with applicable rules of the state Board and the provisions of this chapter 282 and chapter eighteen of this code. (c) (1) Any full-time employee of a county board who has not utilized more than four 284 personal leave days during the 200-day employment term shall receive a bonus of $500 at the 285 end of the school year. T 283 (2) If the appropriations to the Department of Education for this purpose are insufficient to 287 compensate all applicable full-time employees, the Department of Education shall request a 288 supplemental appropriation in an amount sufficient to compensate all applicable employees. This 289 payment may not be counted as part of the final average salary for the purpose of calculating 290 retirement. AF 286 (d) The amendments to this section during the 2019 regular session of the Legislature 292 shall be effective for school years beginning on or after July 1, 2019, and the provisions of this 293 section existing immediately prior to the 2019 regular session of the Legislature remain in effect R 291 294 for school years beginning prior to July 1, 2019. CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID. 4. UNDERWOOD-SMITH TEACHER TEACHING SCHOLARSHIP D ARTICLE SCHOLARS PROGRAM. §18C-4-1. Scholarship and loan assistance fund Underwood-Smith Teaching Scholars Program Fund created; purposes; funding. 1 (a) It is the purpose of this article and article four-a of this chapter to improve the quality 2 of education in the public schools of West Virginia by encouraging and enabling individuals who 3 have demonstrated outstanding academic abilities to pursue teaching careers in the public 117 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE schools in this state in mathematics, science, or special education at the preschool elementary, 5 middle, or secondary levels. in the public schools of this state. In addition, of those individuals 6 who have demonstrated outstanding academic abilities to pursue teaching careers, for 7 scholarships initially awarded for the fall semester, 2014, and thereafter Particular efforts shall be 8 made in the scholarship selection criteria and procedures to reflect the state's present and 9 projected subject and geographic areas of critical need. T 4 (b) In consultation with the State Board of Education and the State Superintendent of 11 Schools the commission shall propose legislative rules in accordance with the provisions of article 12 three-a, chapter twenty-nine-a of this code §29A-3A-1, et seq. The rules shall provide for the 13 administration of the Underwood-Smith Teacher Scholarship and Loan Assistance programs 14 Teaching Scholars Program by the vice chancellor for administration in furtherance of the 15 purposes of this article, and article four-a of this chapter including, but not limited to, the following: AF 10 16 (1) Establishing scholarship selection criteria and procedures; 17 (2) Establishing criteria and procedures for identifying subject areas public schools or 18 (3) Requiring scholarship recipients to teach in a public school in this state in mathematics, R 19 geographic areas in critical need of teachers; 20 science, or special education at the elementary, middle, or secondary level in a geographic area 21 of critical need pursuant to the provisions of §18C-4-3 of this code; 22 may be granted for less than a full year of teaching in an area of critical need; D 23 Awarding loan assistance, including establishing conditions under which partial awards 24 (4) Determining eligibility for loan assistance renewal; 25 (5) Establishing procedures ensuring that loan assistance funds are paid directly to the 26 proper lending entity; and 27 (6) (4) Establishing criteria for determining participant compliance or noncompliance with 28 terms of the agreement and establishing procedures to address noncompliance including, but not 29 limited to, repayment, deferral and excusal; and 118 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 30 (7) (5) Developing model agreements. 31 (c) The commission and State Board of Education jointly shall ensure that Underwood- 32 Smith Teaching Scholars recipients receive additional academic support and training from 33 mathematics, science, or special education mentors beginning with the freshman year and 34 continuing through degree completion and the teaching obligation. (d) There is created in the State Treasury a special revolving fund in the State Treasury 36 to be known as The Underwood-Smith Teacher Scholarship and Loan Assistance Fund is 37 continued in the State Treasury as a special revolving fund and is hereafter to be known as the 38 Underwood-Smith Teaching Scholars Program Fund. The fund shall to be administered by the 39 vice chancellor for administration solely for granting scholarships and loan assistance to teachers 40 and prospective teachers in accordance with this article. and article four-a of this chapter. Any 41 moneys which may be appropriated by the Legislature, or received by the vice chancellor for 42 administration from other sources, for the purposes of this article and article four-a of this chapter 43 shall be deposited in the fund. Any moneys remaining in the fund at the close of a fiscal year shall 44 be carried forward for use in the next fiscal year. Any moneys repaid to the vice chancellor for 45 administration by reason of default of a scholarship or loan assistance agreement under this R AF T 35 article or article four-a of this chapter also shall be deposited in the fund. Fund balances shall be 47 invested with the state's consolidated investment fund, and any and all interest earnings on these 48 investments shall be used solely for the purposes for which moneys invested were appropriated 49 or otherwise received. D 46 50 (d) (e) The vice chancellor for administration may accept and expend any gift, grant, 51 contribution, bequest, endowment, or other money for the purposes of this article and article four- 52 a of this chapter and shall make a reasonable effort to encourage external support for the 53 scholarship and loan assistance programs program. 54 (e) (f) For the purpose of encouraging support for the scholarship and loan assistance 55 programs program from private sources, the vice chancellor for administration may set aside no 119 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 56 more than half of the funds appropriated by the Legislature for Underwood-Smith Teacher 57 Scholarships and Loan Assistance Teaching Scholar awards to be used to match two state dollars 58 to each private dollar from a nonstate source contributed on behalf of a specific institution of 59 higher education in this state. (g) In recognition of the high academic achievement necessary to receive an award under 61 this article, each recipient shall be distinguished as an “Underwood-Smith Teaching Scholar” in a 62 manner befitting the distinction as determined by the commission. T 60 §18C-4-2. Selection criteria and procedures for awarding scholarships. (a) The Governor shall designate the Higher Education Student Financial Aid Advisory 2 Board created by section five, article one of this chapter §18C-1-5 of this code to shall select the 3 recipients of Underwood-Smith teacher scholarships Teaching Scholars who meet the eligibility 4 criteria set forth in subsection (b) of this section. 5 6 AF 1 (b) Eligibility for an Underwood-Smith Teacher Scholarship Teaching Scholars award shall be limited to students who meet the following criteria: (1) Have graduated or are graduating from high school and rank in the top ten percent of 8 their graduating class or the top ten percent statewide of those West Virginia students taking the R 7 9 ACT test with a cumulative grade point average of at least 3.25 on a 4.0 scale, and: (A) For mathematics and science majors, met the college algebra ready assessment 11 standards and college readiness English, reading, and writing standards as established by the 12 commission; or D 10 13 14 (B) For special education majors, met the college statistics readiness standards and college readiness English, reading, and writing standards as established by the commission; 15 (2) Agree to teach in the subject area of mathematics, science or special education in a 16 public school in the state in a geographic area of critical need pursuant to the provisions of §18C- 17 4-3 of this code; and 18 (3) In the case of a student pursuing a certificate in special education, have a cumulative 120 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE grade point average of at least 3.25 on a 4.0 scale possible scale of four after successfully 20 completing two years of course work at an approved institution of higher education in West 21 Virginia; are public school aides or paraprofessionals as defined in section eight, article four, 22 chapter eighteen-a of this code and who have a cumulative grade point average of at least 3.25 23 on a possible scale of four after successfully completing two years of course work at an approved 24 institution of higher education in West Virginia; or 25 26 T 19 (4) Are graduate students at the master's degree level; who have graduated or are graduating in the top ten percent of their college graduating class. (c) To be eligible for an award, a non-citizen of the United States shall hold a valid 28 Employment Authorization Document (EAD), or work permit, issued by the United States 29 Citizenship and Immigration Services (USCIS). AF 27 (d) In accordance with the rules of the commission, the vice chancellor for administration 31 shall develop criteria and procedures for the selection of scholarship recipients. The selection 32 criteria shall reflect the purposes of this article and shall specify the areas in which particular 33 efforts will be made in the selection of scholars as set forth in section one of this article §18C-4-1 34 of this code. Selection procedures and criteria also may include, but are not limited to, the grade R 30 point average of the applicant, involvement in extracurricular activities, financial need, current 36 academic standing and an expression of interest in teaching as demonstrated by an essay written 37 by the applicant. These criteria and procedures further may require the applicant to furnish letters 38 of recommendation from teachers and others. It is the intent of the Legislature that academic 39 abilities be the primary criteria for selecting scholarship recipients. However, the qualified 40 applicants with the highest academic abilities who intend to pursue teaching careers in areas of 41 critical need and shortage pursuant to section one of this article shall be given priority. D 35 42 (d) (e) In developing the selection criteria and procedures to be used by the Higher 43 Education Student Financial Aid Advisory Board, the vice chancellor for administration shall solicit 44 the views of public and private education agencies and institutions and other interested parties. 121 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 45 Input from interested parties shall be solicited by means of written and published selection criteria 46 and procedures in final form for implementation and may be solicited by means of public hearings 47 on the present and projected teacher needs of the state or any other methods the vice chancellor 48 for administration may determine to be appropriate to gather the information. (e) (f) The vice chancellor for administration shall make application forms for Underwood- 50 Smith Teacher Scholarships Teaching Scholars available to public and private high schools in the 51 state and in other locations convenient to applicants, parents and others, and shall make an effort 52 to attract students from low-income backgrounds, ethnic or racial minority students, students with 53 disabilities, and women or minority students who show interest in pursuing teaching careers in 54 mathematics, and science and special education and who are under-represented in those fields. AF T 49 §18C-4-3. Scholarship agreement. 1 (a) Each recipient of an Underwood-Smith teacher scholarship Teaching Scholars award 2 shall enter into an agreement with the vice chancellor for administration under which the recipient 3 shall meet the following conditions: 4 of this article; R 5 (1) Provide the commission with evidence of compliance with subsection (a), section four (2) Beginning within a ten-year period one year after completing the teacher education 7 program for which the scholarship was awarded, (A) teach full-time in the subject area of 8 mathematics, science, or special education at the elementary, middle, or secondary level, or 9 special education at the elementary, middle or secondary level, in a geographic area of critical 10 need, under contract with a county board of education in a public education program in the state, 11 for a period of not fewer than two five consecutive years for each year the four academic years 12 for which a scholarship was received. or D 6 13 (B) Teach full-time under contract for not less than one year for each year for which a 14 scholarship was received with a county board of education in this state in a teacher shortage area 15 pursuant to section one of this article, in an exceptional children program in this state, in a school 122 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 16 having less than average academic results or in a school in an economically disadvantaged area 17 of this state; or 18 (C) Within the ten-year period, while seeking and unable to secure a full-time teaching 19 position under contract with a county board of education which satisfies the conditions of 20 paragraph (A) of this subdivision: (i) Teach full-time in a private school, parochial or other school approved for the instruction 22 of students of compulsory school age pursuant to section one, article eight, chapter eighteen of 23 this code; or T 21 (ii) Teach in an institution of higher education in this state as defined in section two, article 25 one, chapter eighteen-b of this code or in a post-secondary vocational education program in this 26 state for a period of not fewer than two years for each year for which a scholarship was received; 27 or AF 24 (iii) Perform alternative service or employment in this state pursuant to rules promulgated 29 by the commission, in federal, state, county or local supported programs with an educational 30 component, including mental or physical health care, or with bona fide tax exempt charitable 31 organizations dedicated to the above, for a period of not fewer than two years for each year for R 28 which a scholarship was received. Any teaching time accrued during the required five-year period 33 as a substitute teacher for a county board of education under paragraph (A) or (B) of this 34 subdivision in the subject area of mathematics, science, or special education at the elementary, 35 middle, or secondary level, or special education at the elementary, middle or secondary level, 36 shall be credited pro rata in accordance with rules promulgated by the commission; or D 32 37 (3) Repay all or part of an Underwood-Smith teacher scholarship Teaching Scholars 38 award received under this article plus interest and, if applicable, reasonable collection fees in 39 accordance with subsection (c), section four of this article, except as provided in subsection (d) 40 of section four of this article §18C-4-4 of this code. 41 (b) Scholarship agreements shall disclose fully the terms and conditions under which 123 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 42 assistance under this article is provided and under which repayment may be required. The 43 agreements shall include the following: 44 45 (1) A description of the conditions and procedures to be established under section four of this article §18C-4-4 of this code; and 46 of this article §18C-4-4 of this code. T 47 (2) A description of the appeals procedure required to be established under section four (c) Individuals who were The scholarship terms, conditions, requirements, and 49 agreements applicable to awarded an Underwood-Smith teacher scholarship recipient prior to the 50 effective date of this section may apply the provisions of paragraph (A), (B) or (C), subdivision 51 (2), subsection (a) of this section to teaching or other service performed by them after July 1, 1997 52 shall continue in effect and are not altered by the reenactment of this section during the 2019 53 regular session of the Legislature. AF 48 §18C-4-4. Renewal conditions; noncompliance; deferral; excusal. (a) The recipient of an Underwood-Smith Teacher Scholarship Teaching Scholars award 2 is eligible for scholarship renewal only during those periods when the recipient meets the following 3 conditions: R 1 4 5 (1) Is enrolled as a full-time student in an accredited institution of higher education in this state; (2) Is pursuing a course program of study leading to teacher certification in mathematics, 7 science, or special education at the preschool elementary, middle or secondary level; in this state 8 (3) Is maintaining satisfactory progress as determined by the institution of higher education D 6 9 the recipient is attending; and 10 (4) Is maintaining a cumulative grade point average of at least 3.25 on a 4.0 scale; and 11 (5) Is complying with such other standards as the commission may establish by rule. 12 (b) Recipients found to be in noncompliance with the agreement entered into under section 13 three of this article §18C-4-3 of this code shall be required to repay the amount of the scholarship 124 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 14 awards received, plus interest, and, where applicable, reasonable collection fees, on a schedule 15 and at a rate of interest prescribed in the program guidelines. Guidelines also shall provide for 16 proration of the amount to be repaid by a recipient who teaches for part of the period required 17 under subsection (a), section three of this article §18C-4-3 of this code and for appeal procedures 18 under which a recipient may appeal any determination of noncompliance. (c) A recipient is not in violation of the agreement entered into under section three of this 20 article §18C-4-3 of this code during any period in which the recipient is meeting any of the 21 following conditions: T 19 (1) Pursuing a full-time course of study at an accredited institution of higher education; 23 (2) Serving, not in excess of four years, as a member of the armed services of the United 24 States; AF 22 25 (3) Seeking and unable to find full-time employment in accordance with paragraph (A), 26 subdivision (2), subsection (a), section three of this article and is fulfilling any of the alternatives 27 specified in paragraph (B) or (C) of that subdivision; 28 prescribed by the commission by rule; or R 29 (4) Satisfying the provisions of additional any repayment exemptions that may be 30 31 (5) (4) Failing to comply with the terms of the agreement due to death or permanent or temporary disability as established by sworn affidavit of a qualified physician. (d) The rules adopted by the commission may provide guidelines under which the vice 33 chancellor for administration may extend the time period for beginning or fulfilling the teaching 34 obligation to fifteen years if extenuating circumstances exist. D 32 §18C-4-5. Amount and duration of scholarship; relation to other assistance. 1 (a) Subject to subsection (b) of this section, each recipient of An Underwood-Smith 2 teacher scholarship is eligible to receive assistance of up to $5,000 for each academic year of 3 higher education Teaching Scholars award shall be used in preparation for becoming a preschool 4 an elementary, middle or secondary mathematics, science, or special education teacher in the 125 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 5 public schools of this state. The annual award is equal to the lesser of the cost of tuition or $7,800 6 and an institution may not charge a scholar any tuition and mandatory fees above that covered 7 by this award and other federal, state, and institutional scholarships and grants. No individual may 8 receive scholarship assistance for more than (b) An Underwood-Smith Teaching Scholars award is available for a maximum of four 10 academic years for the completion of a bachelor's degree and two additional academic years for 11 completion of a master's degree certification in special education that meets the requirements set 12 by the State Board of Education. T 9 (b) No individual shall 14 (c) An individual may not receive a scholarship award under this article which exceeds the 15 cost of attendance at the institution the individual is attending. The cost of attendance shall be 16 based upon the actual cost of tuition and fees, and reasonable allowances for books, educational 17 supplies, room and board and other expenses necessitated by individual circumstances, in 18 accordance with the program guidelines. For the purposes of establishing an award amount, the 19 senior administrator vice chancellor for administration shall take into account the amount of 20 financial aid assistance the recipient has or will receive from all other sources. If the amount of R AF 13 the Underwood-Smith teacher scholarship assistance Teaching Scholars award and the amount 22 of assistance awards which the recipient has received from all other sources exceed the cost of 23 attendance, the institution's financial aid officer, in consultation with the scholar, will determine 24 what aid is to be reduced and shall do so in a manner to the best advantage of the scholar. D 21 25 (d) The amendments to this article during the 2019 regular session of the Legislature shall 26 be effective for school years beginning on or after July 1, 2019, and the provisions of this article 27 existing immediately prior to the 2019 regular session of the Legislature remain in effect for school 28 years beginning prior to July 1, 2019. ARTICLE 4A. UNDERWOOD-SMITH TEACHER LOAN ASSISTANCE PROGRAM. §18C-4A-1. Selection criteria and procedures for loan assistance. 126 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 1 (a) The Governor shall designate the Higher Education Student Financial Aid Advisory 2 Board created by section five, article one of this chapter to select recipients to receive Underwood- 3 Smith Teacher Loan Assistance Awards. (b) To be eligible for a loan award, a teacher shall agree to teach, or shall currently be 5 teaching, a subject area of critical need or in a school or geographic area of the state identified 6 as an area of critical need. The advisory board shall make decisions regarding loan assistance 7 pursuant to section one, article four of this chapter. T 4 (c) In accordance with the rule promulgated pursuant to section one, article four of this 9 chapter, the Vice Chancellor for Administration shall develop additional eligibility criteria and 10 AF 8 procedures for the administration of the loan program. 11 (d) The Vice Chancellor for Administration shall make available program application forms 12 to public and private schools in the state via the website of the commission and the State 13 Department of Education and in other locations convenient to potential applicants. 14 (e) The provisions of this section expire effective July 1, 2019. §18C-4A-2. Loan assistance agreement. (a) Before receiving an award, each eligible teacher shall enter into an agreement with the R 1 2 3 (1) Provide the commission with evidence of compliance with subsection (b), section four, article four of this chapter; D 4 Vice Chancellor for Administration and shall meet the following criteria: 5 (2) Teach in a subject area of critical need or in a school or geographic area of critical 6 need full time under contract with a county board for a period of two school years for each year 7 for which loan assistance is received pursuant to this article. The Vice Chancellor for 8 Administration may grant a partial award to an eligible recipient whose contract term is for less 9 than a full school year pursuant to criteria established by commission rule. 127 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 10 (3) Acknowledge that an award is to be paid to the recipient's student loan institution, not 11 directly to the recipient, and only after the commission determines that the recipient has complied 12 with all terms of the agreement; and (4) Repay all or part of an award received pursuant to this article if the award is not paid 14 to the student loan institution or if the recipient does not comply with the other terms of the 15 agreement. T 13 (b) Each loan agreement shall disclose fully the terms and conditions under which an 17 award may be granted pursuant to this article and under which repayment may be required. The 18 agreement also is subject to and shall include the terms and conditions established by section 19 five, article four of this chapter. 20 AF 16 (c) The provisions of this section expire effective July 1, 2019. §18C-4A-3. Amount and duration of loan assistance; limits. 1 2 3 subject to limits set forth in subsection (b) of this section: (1) If the recipient has taught for a full school year under contract with a county board in a subject area of critical need or in a school or geographic area of critical need; and R 4 (a) Each award recipient is eligible to receive loan assistance of up to $3,000 annually, 5 (2) If the recipient otherwise has complied with the terms of the agreement and with 6 applicable provisions of this article and article four of this chapter, and any rules promulgated 7 pursuant thereto. (b) The recipient is eligible for renewal of loan assistance only during periods when the 9 recipient is under contract with a county board to teach in a subject area of critical need or in a 10 school or geographic area of critical need and complies with other criteria and conditions 11 established by rule, except that a teacher who is teaching under a contract in a position that no 12 longer meets the definition of critical need under rules established in accordance with section one, 13 article four of this chapter is eligible for renewal of loan assistance until the teacher leaves his or 14 her current position. D 8 128 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 15 16 17 (c) A recipient may not receive loan assistance pursuant to this article which accumulates in excess of $15,000. (d) The provisions of this section expire effective July 1, 2019. CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS. ARTICLE 12. STATE INSURANCE. T §29-12-5a. Liability insurance for county boards of education, their employees and members, the county superintendent of schools, public charter schools electing to obtain coverage, and for employees and officers of the state Department of AF Corrections. written notice of coverage to insureds. (a) In accordance with the provisions of this article, the state Board of Risk and Insurance 2 Management shall provide appropriate professional or other liability insurance for all county 3 boards of education, teachers, supervisory and administrative staff members, service personnel, 4 county superintendents of schools, and school board members and for all employees and officers 5 of the state Department of Corrections Division of Corrections and Rehabilitation: Provided, That 6 the Board of Risk and Insurance Management is not required to provide insurance for every 7 property, activity, or responsibility of county boards of education, teachers, supervisory and 8 administrative staff members, service personnel, county superintendents of schools, and school 9 board members, and for all employees and officers of the state Department of Corrections R 1 Division of Corrections and Rehabilitation. D 10 11 (b) Insurance provided by the Board of Risk and Insurance Management pursuant to the 12 provisions of §29-12-5a(a) of this code shall cover claims, demands, actions, suits, or judgments 13 by reason of alleged negligence or other acts resulting in bodily injury or property damage to any 14 person within or without any school building or correctional institution if, at the time of the alleged 15 injury, the teacher, supervisor, administrator, service personnel employee, county superintendent, 16 school board member, or employee or officer of the Department of Corrections Division of 129 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 17 Corrections and Rehabilitation was acting in the discharge of his or her duties, within the scope 18 of his or her office, position or employment, under the direction of the county board of education, 19 or Commissioner of the Division of Corrections and Rehabilitation, or in an official capacity as a 20 county superintendent or as a school board member or as Commissioner of the Division of 21 Corrections and Rehabilitation. (c) Insurance coverage provided by the Board of Risk and Insurance Management 23 pursuant to §29-12-5a(a) of this code shall be in an amount to be determined by the state Board 24 of Risk and Insurance Management, but in no event less than $1 million for each occurrence. In 25 addition, each county board of education shall purchase, through the Board of Risk and Insurance 26 Management, excess coverage of at least $5 million for each occurrence. The cost of this excess 27 coverage will be paid by the respective county boards of education. Any insurance purchased 28 under this section shall be obtained from a company licensed to do business in this state. AF T 22 (d) The insurance policy provided by the Board of Risk and Insurance Management 30 pursuant to §29-12-5a(a) of this code shall include comprehensive coverage, personal injury 31 coverage, malpractice coverage, corporal punishment coverage, legal liability coverage, as well 32 as a provision for the payment of the cost of attorney's fees in connection with any claim, demand, R 29 33 action, suit, or judgment arising from such alleged negligence or other act resulting in bodily injury 34 under the conditions specified in this section. (e) The county superintendent and other school personnel shall be defended by the county 36 board or an insurer in the case of suit, unless the act or omission shall not have been within the 37 course or scope of employment or official responsibility or was motivated by malicious or criminal 38 intent. D 35 39 (f) At least annually, beginning with the 2019-2020 school year, the county board shall 40 provide written notice of insurance coverage to each of its insureds, including teachers, 41 supervisors, administrators, service personnel employees, county superintendent, and school 42 board members. The notice shall identify the coverages, monetary limits of insurance, and duty 130 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE 43 to defend for each occurrence as provided to insureds by the Board of Risk and Insurance 44 Management under this section. The written notice may be sent via email, or via first-class mail 45 to the insured’s last mailing address known to the county board. The written notice shall also 46 include contact information for the Board of Risk and Insurance Management. (g) The provisions of this section apply to public charter schools that have been authorized 48 pursuant to §18-5G-1 et seq. of this code and have included in their approved charter application 49 a determination to obtain insurance coverage from the Board of Risk and Insurance Management 50 pursuant to this section. If a public charter school elects to obtain coverage pursuant to this 51 section: 53 54 55 (1) Any provision in this section applicable to a county board also applies to a charter AF 52 T 47 school governing board; (2) Any provision in this section applicable to a school board member also applies to a member of a charter school governing board; and (3) Any provision of this section applicable to teachers, supervisory and administrative 57 staff members, and service personnel employed by a county board also applies to teachers, 58 supervisory and administrative staff members, and service personnel employed by a public R 56 charter school. D 59 131 DRAFT COPY OF HFIN AMENDMENT TO HOUSE ED S&I -- PRESENTED 2 p.m., 2/11/19 -- SUBJECT TO CHANGE