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Introduced Version House Bill 3149 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 3149


(By Delegate Trump)
[Introduced March 30, 2001; referred to the
Committee on Education then Finance.]




A BILL to repeal section twenty-six, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections five-b, twenty-three-a and thirty of said article; and to amend section two, article four, chapter eighteen-a of said code, all relating to the elimination of multicounty regional educational service agencies; and, using the cost savings to increase the salaries of teachers with at least twenty years of teaching experience.

Be it enacted by the Legislature of West Virginia:
That section twenty-six, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections five-b, twenty-three-a and thirty of said article be amended and reenacted; and that section two, article four, chapter eighteen-a of said code be amended and reenacted, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5b. Medicaid eligible children; school health services advisory committee.

(a) The state board shall become a medicaid provider and seek out medicaid eligible students for the purpose of providing medicaid and related services to students eligible under the medicaid program and to maximize federal reimbursement for all services available under the Omnibus Budget Reconciliation Act of one thousand nine hundred eighty-nine, as it relates to medicaid expansion and any future expansions in the medicaid program for medicaid and related services for which state dollars are or will be expended: Provided,
That the state board may delegate this provider status and subsequent reimbursement to regional educational service agencies (RESA) and/or county boards: Provided, however, That annually the state board shall report to the Legislature the number and age of children eligible for medicaid, the number and age of children with medicaid coverage, the types of medicaid eligible services provided, the frequency of services provided, the medicaid dollars reimbursed; and the problems encountered in the implementation of this system and that this report shall be on a county by county basis and made available no later than the first day of January, one thousand nine hundred ninety-two, and annually thereafter.
(b) The state board shall appoint and convene a school health services advisory committee to advise the secretary of health and human resources and the state superintendent on ways to improve the ability of regional education service agencies, local school boards, and department of health and human resources employees to provide medicaid eligible children with all the school-based medicaid services for which they are eligible and to ensure that the school-based medicaid service providers bill for and receive all the medicaid reimbursement to which they are entitled. The committee shall consist of at least the following individuals: The person within the department of education responsible for coordinating the provision of and billing for school-based medicaid services in schools throughout the state, who shall provide secretarial, administrative and technical support to the advisory committee; the person within the department of health and human resources responsible for coordinating the enrollment of medicaid eligible school children throughout the state; two representatives of regional education services agencies who are experienced with the process of billing medicaid for school-based health services; two department of health and human resources employees responsible for supervising employees, two persons jointly appointed by the secretary of health and human resources and the state superintendent; and one representative of the governor's task force on school health.
The school health services advisory committee shall meet in the first instance at the direction of the state superintendent, select a chairperson from among its members, and meet thereafter at the direction of the chairperson. The committee shall report its findings and recommendations to the state board and department of health and human resources, which findings shall then be included in the report to the Legislature by the state board and department of health and human resources provided for in subsection (a) of this section.
All actual and necessary travel expenses of the members of the committee shall be reimbursed by the member's employing agency, for those members not employed by a state agency, the member's actual and necessary travel expenses shall be paid by the state board. All such expenses shall be reimbursed in the same manner as the expenses of state employees are reimbursed.
§18-2-23a. Annual professional development goals established by state board; coordination of professional development programs; program development, approval and evaluation.

(a) The intent of this section is to provide for the coordination of professional development programs by the state board to promote high quality instructional delivery and management practices for a thorough and efficient system of schools. The state board annually shall establish goals for professional development in the public schools of the state. The state board shall submit the goals to the state department of education, the center for professional development, the regional educational service agencies, the state college and university systems and the legislative oversight commission on education accountability on or before the first day of October, each year. The goals shall include measures by which the effectiveness of professional development programs will be evaluated. The professional development goals may include separate goals for teachers, principals, service personnel and others in the public schools. In establishing the goals, the state board shall review reports that may indicate a need for staff development. At a minimum in establishing the goals for professional development, the state board shall consider the report of the staff development advisory council set forth in section four, article two-i, chapter eighteen of this code, student test scores on the statewide student assessment program, the measures of student and school performance for accreditation purposes, school and school district report cards, and its plans for the use of funds in the strategic staff development fund pursuant to section thirty-two, article two, chapter eighteen of this code.
(b) The center for professional development and the regional educational service agencies
shall each design a proposed professional development program plan to achieve the goals of the state board which are within their purview pursuant to provisions set forth in this code and rules of the state board: Provided, That the state board may establish as a goal for the center for professional development, the delivery of a localized professional development program to address school, county or regional problems. The center for professional development and the regional educational service agencies shall each submit their respective its proposed plans to the state board on or before the fifteenth day of November, each year. The proposed plans shall include a plan for evaluating the effectiveness of the professional development delivered through the program and a cost estimate. A copy of each proposed plan shall also be submitted by the respective agencies to the legislative oversight commission on education accountability. The state board shall review the proposed plans and shall return the proposed plans to the respective agencies on or before the first day of January, each year, noting whether the proposed plan is approved or is not approved, in whole or in part. If a proposed plan is not approved in whole, the state board shall note its objections to the proposed plan or to the parts of the proposed plan not approved and may suggest improvements or specific modifications, additions or deletions to more fully address the goals or eliminate duplication. An agency whose proposed plan is not wholly approved shall revise the plan to satisfy the objections of the state board or state the reasons why revisions cannot be made to satisfy any or all of the objections and resubmit the proposal to the state board as soon as possible. State board approval of the professional development plans of the center for professional development and the regional educational service agencies is required prior to implementation of the plans.
(c) The state board shall submit a proposed master plan for professional development to the legislative oversight commission on education accountability on the first day of February, each year. The proposed master plan shall include the state board approved plans of the state department of education and the center for professional development and the regional educational service agencies to meet the professional development goals of the state board. The proposed master plan also shall include a plan for evaluating the effectiveness of the professional development delivered through the programs, a cost estimate, a description of any proposals pending approval of the state board
and any reasons why a goal or goals of the state board will not be met.
(d) An approved master plan for professional development shall be established by the state board not later than the fifteenth day of March, each year. The approved master plan shall include the state board approved professional development plans of the state department of education and the center for professional development. and the regional educational service agencies The approved master plan shall serve as a guide for the delivery of coordinated professional development programs by the state department of education and the center for professional development and the regional educational service agencies beginning on the first day of June in the year in which the master plan was approved through the thirtieth day of May in the following year.
§18-2-30. Statewide curriculum technology resource center established; distribution of materials.

There shall be established a statewide curriculum technology resource center to facilitate access to, and expedite the acquisition of, audiovisual materials to assist in the continued enrichment of the school curriculum. The state board shall designate the statewide center. The legislative intent is that appropriations for the said resource center be designated primarily for supportive materials to be made available for use by teachers: Provided,
That no more than five percent of the moneys allocated for fiscal year one thousand nine hundred eighty-nine--ninety, be used for capital outlay and improvements on any structure used to house said resource center. The center shall develop a program of services for public school teachers in the fields of curricular development, instructional resources and technology. The center shall also undertake projects to describe systematically and evaluate curriculum materials and instruction resources, provide for dissemination of software and programs to teachers, provide leadership in the areas of instructional resources and provide training to increase skills in the use of technology and other instructional resources.
The center shall be a centralized purchasing agent for audiovisual materials requested for use in the public schools. The center shall utilize curriculum teams of classroom teachers and other professional educators representing all regional educational service agency regions to assist in the materials selection process. The center may obtain authorization to duplicate such the materials and may duplicate such the materials when duplication is justified by cost and need and when appropriate authorization has been obtained. The center shall maintain a central library of all original materials duplicated and shall compile no later than the first day of July, one thousand nine hundred ninety, a statewide catalog of all audiovisual materials available. The center shall make the statewide catalog accessible to teachers through electronic or other means.
Each regional educational service agency shall serve as a depository and distribution center for the audiovisual materials available to the public schools in its region. Each regional educational service agency shall survey audiovisual material currently held in the public schools in its region and submit the list to the statewide center for possible inclusion in the statewide catalog: Provided,
That nothing in this section shall be construed to change ownership by any county board of any materials which are included in the catalog. Whenever the regional educational service agency receives a request for material not listed in the statewide catalog, the agency shall submit a request to the statewide center for review by one of the curriculum teams and, if appropriate, purchase and distribute the material.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in the "state minimum salary schedule I" as set forth in this section, specific additional amounts prescribed in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
STATE MINIMUM SALARY SCHEDULE I

(1)(2)
(3)(4)(5)(6)(7) (8) (9)(10)(11)

Years 4th3rd2ndA.B.
M.A.M.A.M.A. Doc-

Exp.Class ClassClass
A.B.+15M.A.+15 +30+45 trate

0 18,572 19,209 19,464 20,674 21,409 23,117 23,852 24,587 25,322 26,322
1 18,853 19,490 19,745 21,139 21,874 23,582 24,317 25,052 25,787 26,787
2 19,134 19,772 20,027 21,604 22,339 24,047 24,782 25,517 26,252 27,252
3 19,416 20,053 20,308 22,069 22,804 24,512 25,247 25,982 26,717 27,717
4 19,933 20,570 20,826 22,770 23,505 25,213 25,948 26,683 27,418 28,418
5 20,214 20,852 21,107 23,235 23,970 25,678 26,413 27,148 27,883 28,883
6 20,496 21,133 21,388 23,700 24,435 26,143 26,878 27,613 28,348 29,348
7 20,496 21,414 21,670 24,165 24,900 26,608 27,343 28,078 28,813 29,813
8 20,496 21,696 21,951 24,630 25,365 27,073 27,808 28,543 29,278 30,278
9 20,496   22,232 25,095 25,830 27,538 28,273 29,008 29,743 30,743
10 20,496   22,513 25,561 26,296 28,004 28,739 29,474 30,209 31,209
11 20,496     26,026 26,761 28,469 29,204 29,939 30,674 31,674
12 20,496     26,491 27,226 28,934 29,669 30,404 31,139 32,139
13 20,496     26,956 27,691 29,399 30,134 30,869 31,604 32,604
14 20,496         29,864 30,599 31,334 32,069 33,069
15 20,496         30,329 31,064 31,799 32,534 33,534
16 20,496         30,794 31,529 32,264 32,999 33,999
17 20,496             32,729 33,464 34,464
18 20,496             33,194 33,929 34,929
19 20,496             33,659 34,394 35,394
Subject to a recommendation by the governor for a pay raise through the delivery of an executive message to the Legislature and an appropriation by the Legislature for a pay raise, each teacher shall receive, effective the first day of July, one thousand nine hundred ninety-nine, and thereafter, the amount prescribed in "state minimum salary schedule II" as set forth in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
STATE MINIMUM SALARY SCHEDULE II

(1)(2)
(3)(4)(5)(6)(7) (8) (9)(10)(11)

Years 4th3rd2ndA.B.
M.A.M.A.M.A. Doc-

Exp.Class ClassClass
A.B.+15M.A.+15 +30+45 trate

0 19,328 19,965 20,220 21,430 22,165 23,873 24,608 25,343 26,078 27,078
1 19,609 20,246 20,501 21,895 22,630 24,338 25,073 25,808 26,543 27,543
2 19,890 20,528 20,783 22,360 23,095 24,803 25,538 26,273 27,008 28,008
3 20,172 20,809 21,064 22,825 23,560 25,268 26,003 26,738 27,473 28,473
4 20,689 21,326 21,582 23,526 24,261 25,969 26,704 27,439 28,174 29,174
5 20,970 21,608 21,863 23,991 24,726 26,434 27,169 27,904 28,639 29,639
6 21,252 21,889 22,144 24,456 25,191 26,899 27,634 28,369 29,104 30,104
7 21,252 22,170 22,426 24,921 25,656 27,364 28,099 28,834 29,569 30,569
8 21,252 22,452 22,707 25,386 26,121 27,829 28,564 29,299 30,034 31,034
9 21,252   22,988 25,851 26,586 28,294 29,029 29,764 30,499 31,499
10 21,252   23,269 26,317 27,052 28,760 29,495 30,230 30,965 31,965
11 21,252     26,782 27,517 29,225 29,960 30,695 31,430 32,430
12 21,252     27,247 27,982 29,690 30,425 31,160 31,895 32,895
13 21,252     27,712 28,447 30,155 30,890 31,625 32,360 33,360
14 21,252         30,620 31,355 32,090 32,825 33,825
15 21,252         31,085 31,820 32,555 33,290 34,290
16 21,252         31,550 32,285 33,020 33,755 34,755
17 21,252             33,485 34,220 35,220
18 21,252             33,950 34,685 35,685
19 21,252             34,415 35,150 36,150
If "state minimum salary schedule II" becomes effective on the first day of July, one thousand nine hundred ninety-nine, and the governor recommends a pay raise through the delivery of an executive message to the Legislature and the Legislature appropriates money for a pay raise, each teacher shall receive, effective the first day of July, two thousand, and thereafter, the amount prescribed in "state minimum salary schedule III" as set forth in this section or article, and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
STATE MINIMUM SALARY SCHEDULE III

(1)(2)
(3)(4)(5)(6)(7) (8) (9)(10)(11)

Years 4th3rd2ndA.B.
M.A.M.A.M.A. Doc-

Exp.Class ClassClass
A.B.+15M.A.+15 +30+45 trate

0 20,084 20,721 20,976 22,186 22,921 24,629 25,364 26,099 26,834 27,834
1 20,365 21,002 21,257 22,651 23,386 25,094 25,829 26,564 27,299 28,299
2 20,646 21,284 21,539 23,116 23,851 25,559 26,294 27,029 27,764 28,764
3 20,928 21,565 21,820 23,581 24,316 26,024 26,759 27,494 28,229 29,229
4 21,445 22,082 22,338 24,282 25,017 26,725 27,460 28,195 28,930 29,930
5 21,726 22,364 22,619 24,747 25,482 27,190 27,925 28,660 29,395 30,395
6 22,008 22,645 22,900 25,212 25,947 27,655 28,390 29,125 29,860 30,860
7 22,008 22,926 23,182 25,677 26,412 28,120 28,855 29,590 30,325 31,325
8 22,008 23,208 23,463 26,142 26,877 28,585 29,320 30,055 30,790 31,790
9 22,008   23,744 26,607 27,342 29,050 29,785 30,520 31,255 32,255
10 22,008   24,025 27,073 27,808 29,516 30,251 30,986 31,721 32,721
11 22,008     27,538 28,273 29,981 30,716 31,451 32,186 33,186
12 22,008     28,003 28,738 30,446 31,181 31,916 32,651 33,651
13 22,008     28,468 29,203 30,911 31,646 32,381 33,116 34,116
14 22,008         31,376 32,111 32,846 33,581 34,581
15 22,008         31,841 32,576 33,311 34,046 35,046
16 22,008         32,306 33,041 33,776 34,511 35,511
17 22,008             34,241 34,976 35,976
18 22,008             34,706 35,441 36,441
19 22,008             35,171 35,906 36,906
(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.
(c) Effective the first day of July, two thousand two, the total amount of annual cost-savings realized from elimination of the multicounty regional educational service agencies shall be used to increase, in equal proportions, the salary of each classroom teacher with at least twenty years of teaching experience.
NOTE: The purpose of this bill is to eliminate multicounty regional educational service agencies and to dedicate the cost savings realized therefrom to teachers with at least twenty years of experience.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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