6/3/2019 SENATE BILL 1039 Student Success Act 1 THIS PRESENTATION WILL: •Provide an overview of the Student Success Act •Provide detail in a section by section breakdown •Provide the Fiscal Implications (Fiscal Notes) 2 PUBLIC CHARTER SCHOOLS PEIA COVERAGE ELIGIBILITY Proposed Law • §5-16-2 and §5-16-22 • Grants Charter School Employees eligibility for PEIA coverage • Does not require participation in PEIA 3 1 6/3/2019 TEACHER TAX CREDIT Proposed Law • §11-21-25 • Beginning January 1, 2019, education professionals are granted a $250 tax credit for the purchase of curricular, cocurricular and extra-curricular educational materials including: • Computer equipment and software; • Textbooks; and • Workbooks • An unused credit is forfeited and a carryback to a prior taxable year is not allowed 4 MOUNTAINEER CHALLENGE ACADEMY Proposed Law • §15-1B-24 • Expands current Preston County academy to 600 cadets per year • Allows a second location in Fayette County • Encourages the Governor to seek an amendment to the current agreement to allow these changes 5 MOUNTAIN STATE DIGITAL LITERACY PROJECT Proposed Law • §18-2E-12 Creates a pilot program for the 2020-2021 school year • Participating schools will receive materials & support related to digital literacy and internet safety • Allows third-party contracting and sets out qualifications • Requires reporting to the Governor and LOCEA 6 2 6/3/2019 PROFESSIONAL DEVELOPMENT Proposed Law • §18-2I-4 • Requires BOE to promulgate rules by 12/1/19 to provide for individualized classroom teacher professional development and prior to 7/1/20 every teacher shall receive professional development on social, emotional and behavioral needs of students 7 Proposed Law (cont.) PROFESSIONAL DEVELOPMENT • §18-2I-4 • State BOE shall promulgate rules by 12/1/19 to create a Principal’s Academy • Sets out development guidelines 8 STUDENT TRANSFERS Proposed Law •§18-5-16 •Requires the establishment of attendance zones 9 3 6/3/2019 STUDENT TRANSFERS Proposed Law (cont.) • Allows county boards of educations to establish intercounty student transfers effective for the 2020 school year • Sets enrollment preferences • Comply with requirements for children in foster care • Provides transportation requirements • Consideration for free or reduced price lunches for transfer students • Establishes a parent appeal process to the state board of education 10 STUDENT TRANSFERS Proposed Law (cont.) • Requires a full-time transferred student to be counted in the net enrollment of the county where the student transferred • Provides for pro rata reimbursement upon a transfer back to the county of residence after the second month of school • Continues eligibility requirements for extracurricular activities as established by Secondary Schools Commission • §18-5-16a Expires July 1, 2020 11 TEACHER/PUPIL RATIO Proposed Law • §18-5-18a • Requires reporting to the Legislature on overcrowding by 7/1/20 with a plan to reduce overcrowding. 12 4 6/3/2019 SCHOOL COUNSELORS IN PUBLIC SCHOOLS Proposed Law • §18-5-18b • Changes current requirement of direct counseling time with students from 75% to 80% • Reduces administrative activities time from 25% to 20% per work day 13 SCHOOL CALENDAR Proposed Law • §18-5-45 • Modifies definition of instructional day to an average of 5 hours per day of instruction to students • Modifies the findings to provide for school system flexibility to design a school day and to provide for collaborative time for educators • Provides for alternative teaching methods when schools are closed due to inclement weather or other unforeseen circumstances for up to 5 days • Requires notice of public meetings on the county boards website 14 LEGISLATIVE INTENT – SCHOOL CALENDAR Proposed Law (cont.) • §18-5-45a • Declares concerted work stoppage to be unlawful. • Extracurricular events may not take place if an originally scheduled instructional day is cancelled due to a work stoppage • Prohibits county superintendent from closing schools to facilitate a work stoppage 15 5 6/3/2019 STUDENT PROMOTION Proposed Law •§18-5-46 •A teachers recommendation regarding the promotion of a student shall be the primary consideration when making such a determination 16 EXCEPTIONAL NEEDS FUND Proposed Law: • §18-5-48 • Allows each county board to establish by policy an exceptional needs fund from surpluses for students likely to perform better outside the public school setting 17 INNOVATION IN EDUCATION Proposed Law • §18-5E-1 et seq. • Shifts the responsibility in designating innovation in education schools from the state board to county boards of education • Broadens innovation priorities in education. • Modifies required content for the innovation in education plan • Provides for a remedial action plan for underperforming schools • Provides for an appeal to the state BOE of any determination made by a county board 18 6 6/3/2019 PUBLIC CHARTER SCHOOLS Proposed Law • §18-5G-1 • Sets out Legislative purpose and intent • §18-5G-2 • Defines terms 19 PUBLIC CHARTER SCHOOLS §18-5G-3 • Authorizes Public Charter Schools (Requirements) • Exempt from statutes and administrative regulations applicable to state board, county board or public school • Requires them to meet the same immunization, civil rights and disability rights as public school. • Precludes entrance requirements or tuition • Forbids the power to levy taxes • Elected officials prohibited from receiving monetary consideration from a public charter school • Requires a governing board • Equal instruction time as public schools 20 PUBLIC CHARTER SCHOOLS §18-5G-3 (cont.) • Requires Criminal Background Checks for staff and volunteers • Prohibits Contractors and Service Providers contact with students • Ensures student participation in statewide assessment • Adherence to general accounting practices • Identical system for reporting student information data • Comply with FOIA requests 21 7 6/3/2019 PUBLIC CHARTER SCHOOLS §18-5G-3 (cont.) • Use the West Virginia Education Information system • Operate with oversight from the authorizing entity and pursuant to their contract • Require monthly budgets from contract service providers • Operate grades pre K through 12 • Provide services to students with disabilities 22 PUBLIC CHARTER SCHOOLS §18-5G-3 (cont.) • May Contract - at a cost - with the authorizer or third party for the use of building, grounds, liability insurance and any service • May sue or be sued • May own, rent or lease space • Can participate in cocurricular activities • Can participate in extra-curricular activities which are offered at a nonpublic charter schools 23 PUBLIC CHARTER SCHOOLS §18-5G-3 (cont.) • Provide for a Governing Body: • Membership: • No fewer than 5 members • Be comprised of 2 parents of students attending the school • One member of the county school board in which public charter school is located • Not be an employee of the specific public charter school, or an education service provider that serves the school • Disclose any conflict of interest 24 8 6/3/2019 PUBLIC CHARTER SCHOOLS §18-5G-3 (cont.) • Possess expertise in leadership, curriculum and instruction, law and finance • Be considered an officer of a school district • Comply with open meetings law 25 PUBLIC CHARTER SCHOOLS • §18-5G-4 • State Board set rules for student application & lottery procedures • Sets enrollment preferences • Requires a recruitment & retention plan annually which specifically lists strategies to attract, enroll and retain students... 26 PUBLIC CHARTER SCHOOLS • §18-5G-5 • Sets minimum application requirements • Requires detailed information regarding contract educational service providers • §18-5G-6 • Sets out authorizers powers and duties including: • Approve, decline or negotiate applications • Performance monitoring • Oversight and evaluation • Interviews • Receive public input • Requires filling of application with WV Department of Education • Allows the state board to establish an authorizer oversight fee based on per student operational funding 27 9 6/3/2019 PUBLIC CHARTER SCHOOLS • §18-5G-7 • Requires a contract within 90 days of an approval of an application for a public charter school • Sets out required contract terms • Shall provide operational performance indicators, measures and metrics • Requires the authorizers to collect and report success and achievement data • Sets out required signatures • Requires a contract prior to operation 28 PUBLIC CHARTER SCHOOLS §18-5G-8 • Establishes criteria for renewal or nonrenewal of public charter school contracts • Requires rulemaking to establish a renewal process and revocation process • Sets out conditions that would result in nonrenewal or revocation • Requires closure protocols and transition protocols from public charter schools to non public charter schools 29 PUBLIC CHARTER SCHOOLS §18-5G-9 • Provides an appeal process for denial, nonrenewal or revocation of a charter application or contract to the state BOE • Appeal must occur within 30 days of decision • Requires BOE to promulgate rules 30 10 6/3/2019 PUBLIC CHARTER SCHOOLS §18-5G-10 • Establishes prohibitions for public charter schools: • May not be home based; or • May not discriminate on any basis that a public school may not discriminate • An exception is provided for the creation of a public charter school focused on at risk students, students with disabilities and students with severe disciplinary problems 31 PUBLIC CHARTER SCHOOLS §18-5G-11 • Allows the state board to promulgate rules: • Providing funding for public charter schools • Setting the funding minimum that 90% of the per public total follows the student • Allowing modification for student transportation costs • Providing for the designation of which county shall pay for a pupil attending a public charter school • Requiring adherence to Federal requirements regarding funding 32 PUBLIC CHARTER SCHOOLS §18-5G-11 (cont.) • Accounting for unforeseen issues • Prohibiting discrimination against a district employee involved in the public charter school application • Ensuring the accountability of the public charter school to meet standards for student performance required of other public school students • Providing for a provision to allow the schools for the deaf and blind to apply • Facilitating two geographically diverse youth programs similar to the Mountaineer Challenge Academy 33 11 6/3/2019 PUBLIC CHARTER SCHOOLS §18-5G-12 • Allows public charter schools to lease public facilities for a local county board not used in whole or part for classroom instruction • Must be leased at or under current market value • The public charter school is responsible for direct expenses of the leased facility 34 PUBLIC CHARTER SCHOOLS §18-5G-13 • Requires an annual report from each authorizer to the State Superintendent for presentation to the state BOE within 60 days of the end of the school year • Requires the state superintendent to publish an annual report assessing the programs success and challenges of the public charter school program 35 PUBLIC CHARTER SCHOOLS TEACHER’S RETIREMENT Proposed Law • §18-7A-3 and §18-7B-2 • Allows the inclusion of public charter school teachers in the State Teachers Retirement System 36 12 6/3/2019 COMPULSORY SCHOOL ATTENDANCE Proposed Law • §18-8-4 • Modifies the duties of the county Attendance Director or Assistant Principle to require “meaningful” contact with parent, guardian or custodian after three unexcused absences and again after five unexcused absences 37 STUDENT SUPPORT SERVICES Proposed Law • §18-9A-2, §18-9A-8 and §18-9A-9 • Modifies definition of professional student support personnel to include social workers and psychologists • Clean up language made necessary by passage of SB1 • Increases by 10% the net enrollment for the purpose of calculating state funding to all counties whose enrollment is below 1400 students 38 STUDENT SUPPORT SERVICES • Increases the basic foundation allowance for paying professional student support personnel, which may result in additional professional student support personnel-Step 5 • Increases the county allowance for current expenses from 70.25% to 71.25%-Step 6a 39 13 6/3/2019 STATE AID BLOCK GRANT FUNDING Proposed Law • §18-9A-19 • Creates flexibility for county boards for funding by allowing for block granting of the allocated state aid • Exempts county block grant funding from expenditure requirements 40 SEARCHABLE BUDGET DATABASE AND WEBSITE Proposed Law • §18-9B-22 • Requires the state superintendent to provide the State Auditor information in a searchable budget data website • Sets out required data • Requires updating within 30 days of the end of the fiscal year • Data is to be retained for the three previous fiscal years • Effective 7/1/20 41 EDUCATION OF EXCEPTIONAL CHILDREN Proposed Law •§18-20-5 •Allows public charter schools to receive appropriations for serving exceptional children similar to current appropriations for county boards 42 14 6/3/2019 SALARY ENHANCEMENT (TEACHERS) Proposed Law • §18A-4-2 • Creates a second salary schedule which provides a 5% across the board pay increase • Allows a classroom teacher providing math instruction in his/her certified area of study at least 60% of the time to have three additional years of experience for purposes of the salary schedule • Allows a classroom teacher certified in special education and employed full time as a special education teacher to have three additional years of experience for purposes of the salary schedule 43 SALARY ENHANCEMENT (TEACHERS)) • §18A-4-5 • Removes equity language • Grants counties flexibility to use local funds for educational purposes including salary supplements • §18A-4-5a • Allows counties flexibility to provide additional compensation to teachers who: • Teach a subject area of critical need where there is a shortage of certified teachers; • Teach in remote geographic locations or locations with high turn over rates; or • Teachers who are assigned as master teachers, mentors or academic coaches 44 SALARY ENHANCEMENT (TEACHERS) • §18A-4-7a • Permits a county board to base employment decisions regarding transfer, reassignment or a reduction in the workforce on individual qualifications as set forth in board policy • Sets out considerations for defining “qualifications” • Required notice to professional personnel on the preferred list of job applications annually 45 15 6/3/2019 SALARY ENHANCEMENT (SERVICE PERSONNEL) Proposed Law • §18A-4-8a •Increase salary for school service personnel by $115 per month 46 SALARY ENHANCEMENTS §18A-4-10 • Currently employees receive 3 days of annual leave without regard to the cause of the absence. This updates the policy to grant employees 4 days of annual leave without regard to the cause of the absence • Grants a teacher a bonus of $500 if they do not use more than 4 days of leave during the 200 day employment term (teachers only) 47 INCENTIVES FOR TEACHING IN SHORTAGE AREAS Proposed Law • §18C-4-1 et seq. • Modifies the Underwood-Smith Teaching Scholars Program to place an emphasis on educators in areas of critical shortage • Expands the use of the program funds for loan repayment assistance and teacher scholarships • Ensures additional support and mentoring of recipients • §18C-4-2 • Transfers the selection process from Higher Education Student Financial Aid Advisory Board to the Vice Chancellor of Administration who appoints a selection panel 48 16 6/3/2019 INCENTIVES FOR TEACHING IN SHORTAGE AREAS • Modifies eligibility requirements from requiring a student to be in the top 10% statewide on the ACT to requiring a GPA of at least 3.25 on 4.0 scale and meeting specified college readiness standards • Requires scholarship recipients to teach in a critical teacher shortage field in the state for 5 consecutive years • §18C-4-5 Modifies the award amount from up to $5,000 to $10,000 annually • 18C-4A-2&3 Sets conditions for Loan Repayment Program 49 LIABILITY INSURANCE Proposed Law • §29-12-5a • Requires county boards to provide written notice of liability coverage to teachers, service personnel, administrators, school board members and other county school employees • Extends liability coverage to public charter schools • Increases liability coverage for all county boards of education from $1MM to $1.25MM 50 FISCAL SUMMARY Enhancements for Teachers and School Personnel: Mathematics Incentive Program 2.3 million Special Education Incentive Program 5.5 million $250 Tax credit* 5.9 million $500 Bonus for unused leave 2.0 million Liability Insurance/BRIM 750,000 Underwood-Smith Teaching Scholars* 612,000 Other Compounding impacts to PSSP 700,000 TOTAL: 17.76 million * This item will be effective for FY 2021 51 17 6/3/2019 FISCAL SUMMARY Improvements for all counties: Mountain State Digital Literacy Program 200,000 Additional Student Support Staff 24 million CBRP Contribution for newly hired staff 17.1 million Local Share Determination to 85% 17.7 million Funding Increase for counties with less than 1400 5.3 million Changes in Foundation allowance for Current Expenses 1.7 million TOTAL: 66.0 million * This item will be effective for FY 2021 52 FISCAL SUMMARY Student and Parent Choice: Mountaineer Challenge Academy* 22.0 million TOTAL: 22.0 million * This item will be effective for FY 2021 53 FISCAL SUMMARY Total Cost (new money for FY 2020 ): Enhancements for Teachers and Service Personnel 11.25 million Improvement for all Counties 66.00 million Student and Parent Choice 0.00 million TOTAL: Total Overall Cost (new & appropriated money) 77.25 million 171.61 million 54 18