
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amended, be repealed; that sections five-b, twenty-three-a and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 4th



3rd
2nd

A.B.
M.A.
M.A.
M.A. Doc-
Exp.
Class Class


Class A.B.
+15
M.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 4th



3rd
2nd

A.B.
M.A.
M.A.
M.A. Doc-
Exp.
Class Class


Class A.B.
+15
M.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 4th



3rd
2nd

A.B.
M.A.
M.A.
M.A. Doc-
Exp.
Class Class


Class A.B.
+15
M.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.