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EDUCATION BILLS PASSED
BY THE 1999 LEGISLATURE
Passed Bills
H.B. 105 Salary of Superintendent
H.B. 202 Compensation State Superintendent
H.B. 2005 Open Meeting Laws
H.B. 2349 Payments for NBPTS Certification
H.B. 2364 Bomb False Information Offense
H.B. 2401 Radon Testing in Public Schools
H.B. 2402 Service Personnel Enrollment
H.B. 2475 Off-duty Education Employee
H.B. 2481 BOE Tax Audit
H.B. 2482 HEAPS Grant Program
H.B. 2612 Transfer of Personal Leave
H.B. 2695 WV Eng., Science and Tech. Scholarship
H.B. 2697 Tuition 65 Year Old in State Universities
H.B. 2793 Upshur County levy
H.B. 2855 Student Accreditation
H.B. 2919 Donation of Computers
H.B. 3009 Workforce Development Initiative Program
H.B. 3019 Eastern WV Community College
H.B. 3021 Commission for the Deaf and hard of Hearing
H.B. 3024 Math Achievement Through Help Program
H.B. 3025 Leave Banks for Employees
H.B. 3031 Tobacco Settlement Fund
H.B. 3032 PEIA Reserve Fund
H.B. 3033 Rewrite of W.Va.Code 18-9A-13b
S.B. 117 Roof Slope in New Buildings
S.B. 391 Department of Education Salary
S.B. 406 WV Contractor Board Work Sharing
S.B. 431 PROMISE Scholarship
S.B. 524 Military Selective Service Compliance
S.B. 588 Anti-hazing Rules
S.B. 589 Distribution of Appropriated Funds
S.B. 666 Design-Build Procurement Act
S.B. 703 Definition of a Passenger Van
S.B. 1002 Juvenile Delinquents Handling
Bills that did not Pass
H.B. 2993 FBI Search of New Employees
S.B. 65 Definition of Dangerous Student
SUMMARIES OF BILLS
H.B. 105
Increases the salary of the state superintendent of schools to $110,000 effective
H.B. 202
Sets rules of compensation, requirements, and other relevant information on hiring a state superintendent
Revises the open meetings law with much of the objectionable portions(e.g., taping of executive sessions) of previous such bills removed; provisions include
H.B. 2349
Subject to legislative appropriation, creates certain payments for teaching who seek and/or obtain certification by the National Board for Professional Teaching Standards (NBPTS):
H.B. 2364
Creates a misdemeanor offense for conveying false information related to either the presence of a bomb or an alleged attempt to place a bomb in or near any building; a second offense or personal injury resulting from the threat are both felony offenses
H.B. 2401
Requires the division of health to perform radon testing in
all public schools within the first year after occupancy and at least
every five years thereafter; requires the School Building Authority to promulgate rules by 7/1/99 to assure that any new school building is designed and constructed in
accordance with the current ASHRAE, NFPA and BOCA rules and rules that establish
standards for safe levels of radon for public school buildings; requires the State Board to promulgate rules by 7/1/99 minimizing the use of carpeting; requires the State Board in consultation with the division of health to promulgate rules for servicing of HVAC systems by either (1) technicians hired by the county boards of education, RESAs or the Department of Education as specified by the State Board rules or, if more cost effective, by (2) contracting such services; requires the State Board in consultation with
the division of health to promulgate rules by 9/1/99 for a system of investigation by
county boards of education of air quality complaints and a process that includes a plan
to correct problems including adding the corrections to the county board's
comprehensive educational facilities plan; provides an opportunity for LOCEA to
determine how to fund any needed corrections
H.B. 2402
Changes the service personnel net enrollment ratio from
43.5/1,000 to 43.6/1,000 for "high density" [population] counties and
to 44.5/1,000 for "low density" counties; provides reimbursement of 85% of
maintenance, operation and related costs, contracted transportation services and public
utility transportation for high density counties and 90% for low density counties; sets
funding for bus replacement the end of 12 years or 180,000 miles; increases
reimbursement for transportation to multi-county vocation centers from 90% to 95%;
increases the salary schedule for service personnel from 30 to 36 years; provides
service personnel with an additional $10 per month in pay for each 12 hours of college
credit up to a total of 48 hours
H.B. 2475
Includes an "off-duty" education employee in the definition of
employee for purposes of assault and battery criminal penalties if the
assault/battery was reasonably related to the employee's job
H.B. 2481
Allows county boards of education to have their annual audit done by
a certified public accounting firm or the tax department; provides
that at least every third audit must be completed by the tax
department
H.B. 2482
Creates the HEAPS (higher education adult part-time student grant program) as part of the higher education grant program. Eligible persons who have applied or accepted
student financial assistance under federal rules, demonstrates financial need, has not
been enrolled in a high school diploma program (other than a GED) for at least two
preceding years, is a state resident, is not incarcerated, is not in default on a student
loan, or has been accepted for enrollment on a part-time basis or is already a part-time
student taking not less than six nor more than 11 semester hours
H.B. 2612
Provides that a surviving spouse who is employed by the same county board of education may be credited with the personal leave of a deceased spouse if:
H.B. 2695
Creates the West Virginia Engineering, Science and Technology Scholarship Program;
preference given to West Virginia students; awards may be up to $3,000 per year for
four years for an undergraduate degree; limits the number of scholarships to 300 per
year and no more than 1,000 total; provides that academic ability is the primary criterion
for selection; students must have a high school or first two semesters in college GPA of
3.0 and be accepted or enrolled in an engineering, science or technology program
leading to a certificate. AS, or BS degree. The senior administrator of the higher
education central office administers the program; rules are required to be developed by
the higher education governing boards and filed by 12/1/99
H.B. 2697
Under rules established by the higher education governing boards, West Virginia
residents 65 years of age or older may attend classes at state-supported colleges and
universities on a space-available basis at a cost (other than laboratory fees and
parking) not to exceed $50 for non-credit courses and 50% of the normal tuition and
fees for a credit course.
H.B. 2793
Extends the time for the Upshur County Board of Education to meet
as a levying body to hold an excess levy election
H.B. 2855
(1) Eliminates the statutory requirement for students to be provided with an electronic portfolio upon graduation; (2) provides that a student who completes two semesters of agriculture courses under rules developed by the State Board of Education shall receive one of the required graduation credits in science; (3) requires the State Board to:
H.B. 2919
Provides that the state auditor propose legislative rules by
July 1, 1999 under which that office may donate used computers to
public schools, juvenile detention centers, and county and municipal
safety offices
H.B. 3009
Establishes a "workforce development initiative program" within the Council for
Community and Economic Development to administer and oversee competitive grants
to community and technical colleges to strengthen the quality of the state's workforce
by linking the existing post-secondary education capacity to the needs of business,
industry and other employers; creates an advisory committee including the assistant
state superintendent for technical and adult education; colleges receiving grants are to
develop customized training programs
that provide for the needs of business and are flexible; colleges must include
vocational schools as partners in developing plans for grant applications and their plans
must maximize use of existing facilities
H.B. 3019
Establishes the Eastern West Virginia Community and Technical College with an initial
service district of Grant, Hardy, Hampshire, Pendleton and Tucker counties.
H.B. 3021
Continues the Commission for the Deaf and Hard of Hearing under the department of
health and human resources
H.B. 3024
Establishes in mathematics a program entitled "Mathematic Achievement Through
Help" (MATH) similar to the W.Va. Reads program established last year; MATH
features competitive grants for counties to establish summer school programs and
intensive instruction during the school year for students in grades K-4 who are not at
grade level in math
H.B. 3025
Allows county boards of education to establish leave banks for
employees who are a spouse, child or parent of another employee of
the same county board of education; this leave bank is separate from
any other personal leave bank established under the law; provides that
the salary of county board of education members is to be $100 per
meeting for a maximum of 60 meetings per year
H.B. 3031
Creates the Tobacco Settlement Fund; places 50% of the funds
to be received into a "Medical Trust Fund", of which only the interest
may be spent and only then as appropriated by the Legislature; places
the other 50% into a "Tobacco Settlement Fund", for expenditure by
the Legislature for continued support of PEIA, medicaid, public health
programs and services, state owned or operated health facilities;
requires that the first $5 million received in the Tobacco Settlement
Fund in FY 2000 be transferred to the PEIA reserve fund established
by H.B. 3032
H.B. 3032
Creates a PEIA reserve fund whose funds can only be spent by the Legislature for the
support of programs provided by PEIA;
requires each state agency (except higher education) to
transfer one percent (1%) of its annual expenditures from
state funds for filled full time equivalents as of April 1 to the
PEIA reserve fund; the transfer is to take place on May 31 of each year beginning with
the year 2000
H.B. 3033
Rewrites W. Va. Code §18-9A-13b to provide that funds which accrue from allocations
due to decreases in net and adjusted enrollment from the preceding school year be
deposited in a special revenue fund ("the legislative reserve fund") to be appropriated
by the Legislature
S.B. 117
Requires that any new building constructed with state funds shall have a roof of
sufficient slope so that water will not accumulate into a pool on any area of the roof
S.B. 391
Provides that service personnel employed by the Department of Education are to be
paid a salary at least equal to that they would receive if employed by the county board
of education of the location in which they work; the Department must establish a salary
schedule that phases in the necessary salary increases before
S.B. 406
Provides that the West Virginia Contractor Licensing Board may enter
into work-sharing arrangements with vocational and technical training
schools to provide classroom training to students who desire to obtain
a West Virginia contractor license; the terms of the work-sharing
agreements are to be determined by the contractor licensing board
and county boards of education
S.B. 431
Establishes the PROMISE scholarship program to encourage students in West Virginia
to attend higher education in the state by providing scholarships to students who meet
the established criteria that include maintaining a "B" average in high school or the first
15 semester hours in college; creates a 13 member board to establish rules for
operation of the program, including criteria for residency, other terms for receiving
scholarships, and possible repayment of the scholarship if the student leaves the state;
provides that students must apply within two years of leaving high school (seven years
if the student entered military service, but only one year after exiting military service)
S.B. 524
Provides that a person who is not in compliance with the Military Selective Service Act
may not enroll in a state-supported institution of higher education, may not receive a
loan, grant or scholarship or other financial assistance for post-secondary higher
education or be eligible for employment by the state or a political subdivision of the
state unless the person has already served in the armed forces or has a condition that
would preclude acceptability in the armed forces
S.B. 588
Requires the State Board of Education to establish anti-hazing rules
for public schools
S.B. 589
Provides that all funds appropriated to the Department for
alternative education for the fiscal year 00-01 be distributed on the basis of net
enrollment (no competitive grants); defines employees subject to workers'
compensation to include students while participating in a work-based learning
experience with an employer approved as part of the curriculum by the county board;
specifies that the county board is the employer of record; notes that students in unpaid
work-based learning experiences are to be treated as if they were paid so as to be
eligible for the minimum weekly benefits; requires the workers' compensation division to
create a classification and calculate a base premium tax rate for students participating
in unpaid work-based learning experiences off school premises and report the rate to
the department of education; requires the department to communicate the premium
amount to the governor and Legislature by December 1 of each year; allows funds to be appropriated by the Legislature to the department of education to
distribute to county boards; provides that if the funds are not
adequate to pay the premiums county boards may either pay the
balance of the premiums or reduce the number of students
participating in off-school-premises work-based learning experiences
S.B. 666
Establishes the "Design-Build Procurement Act" which sets forth rules for allowing state
agencies and county boards of education, among others, to use the "design-build"
process to construct buildings ("design-build" provides responsibility within a single
contract for design and construction of a building)
S.B. 703
Defines a "passenger van" as any vehicle other than a school bus operated for the
purpose of transporting children under 18 (other than for private use); requires that
passenger vans have certain signs and warning lights/devices
S.B. 1002
Revises the process for handling juvenile delinquents; requires the division of juvenile
services of the department of military affairs and public safety to develop a
comprehensive plan for a system of pre-dispositional juvenile detention centers based
on recommendations from a number of agencies including the state board of education;
provides that the plan must include "educational regulations" developed and approved
by the state board of education
EDUCATION BILLS THAT DID NOT PASS
H.B. 2993
Requiring county boards to conduct an FBI search on new employees
S.B. 65
Defining "dangerous" students who would not receive an education after having been expelled from school