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New Laws for the New School Year RESA VII County Administrators Clarksburg August 7, 2008.

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Presentation on theme: "New Laws for the New School Year RESA VII County Administrators Clarksburg August 7, 2008."— Presentation transcript:

1 New Laws for the New School Year RESA VII County Administrators Clarksburg August 7, 2008

2 Caution! Today we are necessarily speaking in generalities rather than specifics The information provided is not legal advice Information in this presentation may quickly become outdated Always research original sources of authority and update this information to ensure accuracy when dealing with a specific matter Do not act or rely upon the information contained in this presentation without seeking the advice of an attorney

3 Today’s plan of attack Preliminary matters: Resources to assist you Brand new school-related legislation Some recent court and Grievance Board decisions Recent State Superintendent’s interpretations Your good questions

4 Preliminary Matters: Resources to Assist You E-updates School Laws of WV book Handout Signature Series Workshops

5 The Education Practice Group’s School Law E-Updates Send an message to attorney Greg Bailey Tell him  Who you are  Where you work  Your job Ask to be added to the E-update list

6 “School Laws of West Virginia” Beware! The latest edition and its CD-ROM are already out of date! Current versions of the statutes are usually available at the West Virginia Legislature’s website

7 A Note About the Handout The handout contains summaries only. Always consult the full text of statutes before relying upon them! Available for you at:

8 The Lessons of Recent Experience: Strategies for Defending Grievances at All Levels of the New Grievance Procedure  September 24 - Charleston  October 1- Morgantown What Not to Say at an IEP Meeting: Practical Rules for Principals & Other Administrators to Avoid Legal Trouble in the IEP Process  December 3 – Charleston  December 10 - Martinsburg

9 Countdown to Personnel Season: Service Employee RIFs & Realignments  January 21 - Charleston Countdown to Personnel Season: Professional Employee RIFs & Realignments  January 22 – Charleston

10 Brand New School-Related Legislation From the 2008 regular and special sessions of the West Virginia Legislature

11 Legislation Directly Impacting the School

12 House Bill 4368 Reducing Acts of Student Violence and Disruptive Behavior and Increasing Penalties for Chronically Disruptive Students In Effect 90 Days from March 6, 2008 Handout, page 12

13 H.B Legislative finding: isolating chronically disruptive students may be best Duty to create more alternative learning centers or increase capacity, “subject to funding” Annual LSIC meeting for dialogue on effective discipline policies  Parents, students, employees, interested parties  Heed FERPA and similar laws

14 H.B Annual LSIC report to Countywide Council on Productive and Safe Schools  Guidelines Instruction & rehabilitation of excluded, suspended, expelled students In-school suspension programs Possible alternative settings, instructional schedules, and alternative education programs Implementation schedule for guidelines System for effective communication & coordination with emergency services Preventive discipline program Student involvement program

15 H.B  Findings Develop at LSIC meetings outside employee- members’ regular working hours Shared with superintendent Based upon examination of discipline at school Address fairness and consistency If discipline not fair and consistent:  Notice to county superintendent  Superintendent’s written reply (10 days)  Notice and reply kept for public inspection

16 H.B One of each LSIC’s two service employee members must be a bus operator at the school Bill of Rights and Responsibilities for Students and School Personnel  to attend a school and ride a bus that is safe, orderly and drug free  to learn and work in a school that has clear discipline codes with fair and consistently enforced consequences for misbehavior

17 H.B  to learn and work in a school that has alternative educational placements for violent or chronically disruptive students  to be treated with courtesy and respect  to attend a school and ride on a bus that is free from bullying  to support from school administrators when enforcing discipline policies

18 H.B  to support from parents, the community, public officials, and businesses in their efforts to uphold high standards of conduct  to adhere to the foregoing principles and behave in a manner that guarantees that other students and school personnel enjoy the same rights

19 House Bill 4023 Providing for the Denial or Suspension of a Driver’s License for Any Student Who Withdraws from School or Fails to Receive Passing Grades In Effect 90 Days from March 8, 2008 Handout, page 8

20 H.B “Driver’s Eligibility Certificate”  Students 15 through 17 years old  Properly enrolled in school  Making satisfactory academic progress Notification to DMV  DMV to student: Document compliance within 30 days Entitlement to hearing before county superintendent

21 H.B Withdrawal from school  Includes suspensions mandated by Safe Schools Act Satisfactory academic progress  Attaining/maintaining grades and coursework sufficient to graduate in 5 years or by age 19, whichever is earlier  State Board policy to elaborate, but no GPA threshold

22 H.B Exception: Circumstances outside student’s control  Medical, family responsibilities, supporting oneself or family  School district must document if applicable

23 Senate Bill 9 Permitting Hunter Safety Program in Public Schools In Effect 90 Days from March 8, 2008 Handout, page 1

24 S.B. 9 State Board to develop “Hunter Safety Orientation Program”  Covering protection of life and property, proper use of firearms in hunting and sports, and firearm care and safety in the home  Two weeks long  Offered as part of physical education, or as part of general curriculum, or at end of school day  Voluntary to students

25 S.B. 9 County superintendent decides whether to offer in each school with any of grades 6-12  Student interest  Availability of certified instructor Instructor qualifications  Certified by DNR, or  Other training as specified by State Board Materials may be from organizations that train in marksmanship and firearm safety Students receive DNR certificate If taught in p.e., students who opt out must participate in another education activity

26 House Bill 2967 Creating the “West Virginia Remembers Program” In Effect 90 Days from March 8, 2008 Handout, page 8

27 H.B “West Virginia Remembers Program” Volunteer veterans: share experiences with students Students: learn about military service, patriotism, courage in defense of country State Board to enact policy on soliciting and identifying speakers  Program cannot be part of required curriculum  Classroom teacher can disallow in classroom

28 House Bill 4124 Adding CPR and First Aid Training to the Health Education Curriculum in Secondary Schools In Effect 90 Days from March 5, 2008 Handout, page 11

29 H.B State Board must require teaching CPR and First Aid in health education County boards may decide in which of grades 6-12 to teach them

30 Senate Bill 573 Increasing Public School Teachers’ and Service Personnel Annual Salaries In Effect July 1, 2008 Handout, page 4

31 S.B. 573 State minimum salaries for teachers  Across-the-board $1600 per year  Still add $600 for classroom teachers with 20 or more years of experience State minimum increments for principals  Add one percent to each category  Assistant principals: 1/2 calculated on new principals’ increments  Subject to exceptions, “local funds allocated for salary increments for principals and assistant principals and used in supplementing the state minimum salaries” cannot recede below level of January 1, 2008 (was January 1, 2002) Service personnel  Across-the-board $70 per month

32 House Bill 4117 Expanding Eligibility for State Minimum Salary Supplements for Classroom Teachers Achieving Certain National Certification In Effect July 1, 2008 Handout, page 10

33 H.B School psychologists & nurses join speech- language pathologists, audiologists, and counselors in receiving an annual state salary supplement of $2500 for the lesser of 10 years or life of certification Required certification:  National Association of School Psychologists  National Board for Certification of School Nurses Cap on number of people in all five categories to receive supplement:  For : 115 more than in  Thereafter: An increase of 115 per year

34 H.B Additionally, eligible for reimbursement:  ½ of application fee for enrolling for national certification  Upon certification, balance of application fee, plus up to $600 in expenses incurred  Reimbursement cap: No more than a total of 115 people in all five categories in any fiscal year All supplements and reimbursements are conditioned upon legislative appropriations State Board to establish in policy the criteria for selecting people for both, with factors to prioritize candidates based upon, at least, length of time certified and years of experience.

35 House Bill 4478 Limiting the Mid-Year Transfer of Certain School Employees Working With Students With Exceptionalities In Effect 90 Days from March 8, 2008 Handout, page 14

36 H.B The “stay put” rule  Prevents certain employees from moving to another position between the 5 th day before the instructional year, and the end of the instructional year  May successfully apply; just cannot move  Already applied to teachers, aide/autism mentors, and aides providing services to children diagnosed as autistic or with autism spectrum disorder  Now also covers any of these providing 1:1 services under an IEP for an exceptional student: paraprofessionals, interpreters, and aides

37 H.B Same as exception as for other employees  may move to new position immediately if county superintendent recommends and county board approves County superintendent must notify State Superintendent of all exceptions  But isn’t required to get State Superintendent’s permission

38 House Bill 4150 Requiring the Purchasing of American Made Flags With State Funds In Effect 90 Days from March 7, 2008 Handout, page 11

39 H.B All U.S. or W. Va. flags bought with state funds or county board building funds must be made in the USA Each school must still display a 4x6 U.S. flag with “regulation bunting” while school is in session (except in inclement weather) Eliminates 50 cents per day fine for not displaying flag

40 Legislation Less Directly Impacting the School

41 Senate Bill 595 Establishing Education Goals and Objectives for 2020 In Effect March 8, 2008 Handout, page 5

42 S.B. 595 “Vision 2020: An Education Blueprint for 2020”: A plan to guide policymakers State Board to draft the plan for consideration by the Process for Improving Education Council Plan must include  Five goals specified by the Legislature, and no others  Policy-oriented objectives, including some specified by the Legislature, with strategies and time lines  Performance-oriented objectives, including some specified by the Legislature, with strategies and time lines  Indicators established by the State Board for measuring progress

43 S.B. 595 The five goals:  academic achievement according to national and international measures will exceed national and international averages  the public education system will prepare fully all students for post-secondary education or gainful employment;  all working-age adults will be functionally literate;  the public education system will maintain and promote the health and safety of all students and will develop and promote responsibility, citizenship, and strong character in all students; and  the public education system will provide equitable education opportunity to all students.

44 House Bill 4477 Relating to Payment of GED Exam Fees In Effect July 1, 2008 Handout, page 14

45 H.B State Board must develop program to pay GED exam fees for eligible persons Eligibility requirements must include:  Successful completion of GED prep program  Successful completion of GED practice test  Standards for measuring successful completion  Registration for GED exam at approved center State Board will pay exam fee directly to testing centers

46 Senate Bill 780 Relating to Public Employees Grievance Procedure In Effect 90 Days from March 8, 2008 Handout, page 7

47 S.B. 780 Clarifies Level One procedure  Distinctions  Deadlines Level Two Alternative Dispute Resolution  Mediation-arbitration out  Private arbitration in Scheduling grievance proceedings in general Restores definitions Clarifies back pay liability Right against self-incrimination

48 House Bill 4406 Relating to State Board Standards for the Recommended Duration of School Bus Transportation Times for Students to and from School In Effect July 1, 2008 Handout, page 13

49 H.B Recommended one-way normal weather transportation times for State Board’s high quality standards:  Elementary school students: 30 minutes  Middle, intermediate, junior high students: 45  High school students: 60 State Board technical assistance to counties County facilities plans: infrastructure to avoid excessive times within budgetary restraints

50 H.B After July 1, 2008:  New bus routes for pre-K through 5 th grade students to and from schools included in a closure, consolidation, or new construction project approved after July 1 may not exceed 45 minutes one way in normal weather unless State Board, at county’s request, allows 60 minutes  SBA must insist that such projects it approves after July 1 meet this standard

51 H.B SBA will require updated estimated transportation times for any project under consideration that includes closure, consolidation, or construction of a school

52 House Bill 4059 Relating to Medical Qualifications for School Bus Operators In Effect 90 Days from March 8, 2008 Handout, page 9

53 H.B Bus operators with diabetes mellitus requiring insulin are no longer automatically disqualified DMV’s intrastate waiver program May drive if:  CDL passenger endorsement through program  BOE gets copy of application & proof of passenger endorsement under waiver program  Bus operator remains in compliance with waiver conditions Protection for licensed health care providers as to reporting requirements

54 House Bill 4472 Requiring a Board of Education to Wait 10 Days Before Posting a New Job Opening Following the Death of An Employee In Effect 90 Days from March 8, 2008 Handout, page 14

55 H.B A bill whose title is almost as long as its text! A professional or service position vacant due to death must not be posted, or even “declared vacant,” until 10 calendar days following the death

56 Senate Bill 340 Requiring Consumers’ Notification of Information Security Breach In Effect 90 Days from March 8, 2008 Handout, page 3

57 S.B. 340 Breach of security - computerized data Personal information Notice by data owner or licensee  Content  Means Alerting consumer reporting agencies Duty of non-owner, non-licensee Exceptions Violations

58 House Bill 4524 Relating Generally to the Ethical Standards of Public Officers, Employees and Lobbyists In Effect March 8, 2008 Handout, page 15

59 H.B Employment of Related Vendors  If a full-time public official or employee, or his or her subordinate, exercises authority or control over a public contract with a vendor then the official or employee cannot seek employment with or be employed by the vendor, or have an agreement about future employment seek to purchase, sell, or lease real or personal property to or from the vendor  The Ethics Commission may relax the restriction on personal property transactions by guideline, advisory opinion, or rule

60 H.B Frequent Flyer Points  Public officials and employees may use points earned by them on official travel, but only if there is no additional cost to the government, e.g., a county board

61 House Bill 4588 Relating to Public School Support In Effect July 1, 2008 Handout, page 17

62 H.B Total state basic foundation program Net enrollment County densities Allowances  for professional educators  for service personnel  for transportation cost  for professional student support services  for other current expense and substitute employees  to improve instructional programs Funding for alternative education programs Exceptional children

63 House Bill 4637 Relating to the Deployment of Broadband to the Remaining Unserved Areas of the State In Effect 90 Days from March 8, 2008 Handout, page 22

64 H.B Goal by 2010 Idea: Government stimulus Broadband Deployment Council  Categorizes all areas  Evaluates requests for help  Competitive processes  Invests with Broadband Development Funds State Superintendent annually reports

65 Other Legislation

66 Senate Bill 297 Authorizing School Building Authority to Issue Revenue Bonds from State Excess Lottery Fund In Effect March 7, 2008 Handout, page 3

67 Senate Bill 715 Defining Certain Public Employees Insurance Agency Eligibility In Effect July 1, 2008 Handout, page 7

68 House Bill 212 Testing Schedule for School Bus Operators Handout, page 26

69 House Bill 217 Summer School Employment Preference for Professional Educators Handout, page 26

70 House Bill 4500 Providing Qualified Entities Access to the West Virginia Central Abuse Registry In Effect 90 Days from March 5, 2008 Handout, page 15

71 Coming Attractions?

72 Senate & House Resolutions Handout, pp SCR 3: School health SCR 32: Daily physical education; sleep HCR 34: Four day work week HCR 72: Autism services HCR 81: English as a Second Language HCR 87: Green buildings HCR 99: Pay increases

73 Significant Court and Grievance Board Decisions The W. Va. Supreme Court of Appeals The Public Employees Grievance Board

74 Supreme Court of Appeals Powell v. Paine License Revocation and Suspension: Rational nexus Handout, page 27

75 Grievance Board 1. Parrish (temporary suspensions) 2. Watterson (willful neglect of duty) 4. Carpenter (correctable conduct) 6. Zirkle (evaluations/imprvmnt plans) 7. Murphy (mitigation of punishment)

76 Grievance Board 9. Risk (letters of reprimand) 11. Wright (coach postings) 12. Rogers (elementary teacher RIFs) 14. Nester (national certification) 17. Haught (shift specific jobs)

77 Grievance Board 18. Powroznik-Hess (x-curricular subs) 19. Spencer (sloughing off duties) 21. Strickland (evaluations ≠ discipline) 27. Wine (travel to & from work) 28. Fleming (reclassification v. posting)

78 Grievance Board 29. Crawford (uniformity claims) 31. Showalter (free speech)

79 State Superintendent’s Interpretations of School Law Including memoranda

80 August 13, 2007 Dr. Paine/President Cook Memo: School Supplies Items that are “integral and fundamental part of a public education must be provided free of charge to students  Textbooks  Basic paper  Basic writing utensils  Other items students must have to participate in a curricular offering

81 Items that are not integral and fundamental to a public education need not be provided free, but children may not be penalized for not having them  Backpacks  Tissues  Baggies  Hand sanitizer  Specialized binders and folders

82 Supply lists  Okay in order to inform parents of developmentally correct supplies to buy, e.g., wide ruled paper as opposed to college ruled  But parents cannot be obligated to purchase the lists or items on the lists  No student can be denied participation in school or disciplined if parents don’t purchase items on the list

83 Donations  Teachers may lawfully develop lists of items that parents may wish to purchase and donate for use by the school or classroom as a whole Tissues Hand sanitizer Extra pencils and paper Art supplies Musical instruments  But cannot be mandatory, and students may not be denied participate or punished if parents don’t donate

84 March 25, 2008 Dr. Paine Memo: Allowable Pre-K Caseloads State Board policy conflict Policy 2525: 30 students (15/15) in classrooms with no IEP children Policy 2419: 40 students (20/20) in classrooms, with no more than 10 IEP students per session Conflict resolved for : 40 students (20/20), with no more than 10 IEP students per session

85 March 28, 2008 Dr. Paine Memo: Inter-County Student Transfers Parents should seek both counties’ consent at the same time If either denies permission, parents should be informed of 30-day appeal right The receiving county’s consent may be treated as permanent absent a clarifying county policy Transfers approved by the SSS continue until parents seek and receive both counties’ consent to revoke prior to January 1 for the ensuing school year However, a receiving county may, on the basis of unusual circumstances, seek SSS permission to end the transfer

86 A county board may not simply deny all transfers Consider individual circumstances:  Length of home county bus ride travel time  Legitimate connection to receiving school, e.g., a sibling attends  Serious health issue better handled by receiving school, e.g., proximity of student’s doctor to the school  Sending county’s aggregate loss of funding due to transfers  Sending county’s difficulty in passing excess levy when parents aren’t invested  NOTE: Convenience to child care or work usually do not weigh in favor of the transfer request

87 April 29, 2008 Jan Barth Memo: “Currently Employed Educators” Administering WV-MAP Assessments Substitutes on the approved list who possess valid teaching licenses may administer the WV-MAP assessments So may staff members with an alternative certification or temporary certificate However, student teachers may not

88 June 24, 2008 Dr. Paine Memo: Sign Language Specialists & Educational Interpreters Distinctions Whether one is needed is an IEP decision and not based on the categorical exceptionality alone Guidelines

89 Your Good Questions

90 Thanks for your input today! And thanks for your valued contributions to excellence in our public schools!


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