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House Journal


Day 01 (01-11-2012)
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hdj2012-03-05-55


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Monday, March 5, 2012

FIFTY-FIFTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, March 2, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates R. Phillips, Rodighiero, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 103 - "Requesting that bridge 23-73-2.31 at the intersection of Mt. Gay Road and Route 44 in Logan County, West Virginia, be named the 'Tennis "TK" Killen Memorial Bridge'."
     Whereas, Tennis "TK" Killen was a Logan County community leader, businessman, philanthropist and dedicated champion of Logan County until his death in 1997; and
     Whereas, Tennis "TK" Killen was a life-long resident of Logan County, during which time he operated National Cable Repair, Master Machine & Hydraulics, and TK's Auto Sales in Cherry Tree, Logan County, over a period of more than forty years, and employed hundreds of Logan County residents; and
     Whereas, Mr. Killen sponsored and offered financial support to many county youth organizations, schools, churches, veterans groups, community and charitable organizations, bowling teams and the National Cable men's fast-pitch softball team, which competed in world tournaments; and
     Whereas, Mr. Killen was known to be inclined to give assistance to anyone he encountered who was in need; and
     Whereas, Tennis "TK" Killen served as Logan County Republican Committee Chairman for more than twenty years and, through his unselfish efforts working closely with governors and other officials in federal, state and local government, was able to procure many improvements in Logan County; and
     Whereas, "TK" Killen worked tirelessly to help Logan County to have roads paved, bridges erected, libraries built, Vocational School and Logan General Hospital properly funded, Chief Logan State Park developed and federal and state funds secured for other Logan County projects; and
     Whereas, Citizens of Logan County wish to provide an enduring memorial to the memory of one of its sons who devoted his life to providing a better life for his family, his community, his beloved Logan County and his fellow man; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge 23-73-2.31 at the intersection of Mt. Gay Road and Rt. 44 in Logan County, West Virginia, the "Tennis 'TK' Killen Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Tennis 'TK' Killen Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, and to Mrs. Janis Killen Clark, Circle Drive, Logan, WV 25601.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead, on behalf of All Members of the House offered the following resolution, which was read by the Clerk as follows:
     H. R. 35 - "Celebrating the life and lamenting the death of Larry Willis Border, pharmacist, farmer, developer, beloved husband, father and grandfather, and member of the House of Delegates."
     Whereas, Larry Willis Border was born on June 3, 1951, in Parkersburg, West Virginia, the son of Willis and Helen Border; and
     Whereas, Larry graduated from Parkersburg High School in 1970, and then attended Parkersburg Community College and West Virginia University, graduating from the WVU School of Pharmacy in 1975; and
     Whereas, Larry worked as a pharmacist for over 35 years, during which time he trained many pharmacy students in his profession; and
      Whereas, Larry was married to his high school sweetheart, Anna Lois Adams, his love and confidant for 38 years, and with whom he shared the joy of having three children, Heather Border Mullens, D.O., of Cary, North Carolina, Rebecca Border Dimit, C.P.A., of Williamstown, West Virginia, and Christopher Border, PharmD., also of Williamstown, West Virginia. Above all else, Larry was a family man and while he was very proud of his children and their accomplishments, he was also proud of his seven grandchildren, Lacy Dimit, J. J. Dimit, Kylie Border, Bailey Border, Katie Mullens, Claire Mullens, and Mark Christopher Mullens; and
     Whereas, Music was an integral part of Larry's life. From playing in the Parkersburg High School band, to jamming on his electric guitar in his parent's basement with a band known as the Corduroy Lollipops, to singing in the "Friends" gospel quartet with his wife, Anna, Larry was always involved with music; and
     Whereas, Larry was first elected to the House of Delegates in 1990 and was subsequently reelected in each election through 2010. As a member of the Legislature, Larry was instrumental in getting legislation passed to provide hepatitis B immunizations to all West Virginia firemen, cosponsored legislation to protect the unborn and restrict gambling in the State of West Virginia, and other legislation to benefit all West Virginians. Most recently, Larry was the author of legislation that he believed would help decrease the number of meth labs in West Virginia; and
     Whereas, During his twenty-one years in the Legislature, Larry served on many committees including Finance, Rules and Agriculture. He was the Minority Chair of the Committee on Health and Human Resources, and served as the Minority Whip for several years. Larry also served as a preceptor for the WVU School of Pharmacy, and in this position he taught many pharmacy students the ins and outs of the legislative process and nurtured their interest in public service; and
     Whereas, Larry truly enjoyed mentoring newly elected Republican members and he became affectionately known as "Den Mother." As "Den Mother", Larry spent countless hours helping his fellow members balance the challenges of serving in the Legislature with their personal lives, always with the goal of helping them become the best public servants they could be; and
     Whereas, Larry was an active member of and donated time and enthusiasm to numerous organizations including the Wood County Farm Bureau, Wood County Planning Commission, and the Wood County Republican Executive Committee. He was also a charter member of the Eastwood Lions Club, where he was a Melvin Jones Fellow recipient, and he was a Board member of the National Legislative Association on Prescription Drug Prices. In addition, Larry was an active member and trustee of the Word of God Ministries Church; and
     Whereas, Larry Border was a man of deep faith and traditional values, all of which guided his position on issues in the Legislature. He cared deeply and genuinely about the people of his district, and he worked tirelessly for the Parkersburg and Davisville communities, Wood and Wirt counties, and the State of West Virginia in numerous ways over the years; and
     Whereas, Sadly, the Honorable Larry W. Border passed away on Wednesday, June 8, 2011, at Camden Clark Hospital, St. Joseph's Campus, leaving behind a life of dedication and commitment to his family, community and state; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby celebrates the life and laments the death of the Honorable Larry W. Border, pharmacist, farmer, developer, beloved husband, father and grandfather, and member of the House of Delegates; and, be it
     Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Larry W. Border; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Larry W. Border.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 225), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Doyle, Ferns, Hall, Manchin, J. Miller, Moore and Savilla.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 35) adopted.
Committee Reports

     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     Com. Sub. for S. B. 634, Authorizing certain municipalities impose limited special public safety assessment fee,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 634) was referred to the Committee on Finance.
     On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
     By Delegates Perry, Barill, Paxton, Pethtel, Shaver, Armstead, Duke and Savilla:
     
H. C. R. 102 -"Requesting the Joint Committee on Government and Finance to conduct a study regarding the impact of truancy on students, schools and society, and strategies to address truancy and improve school attendance by truant students."
     Whereas, Education is a fundamental constitutional right in West Virginia; and
     Whereas, Research shows that the factors contributing to truancy stem from the realms of home, family and community; school; and personal psychological characteristics; and
     Whereas, Absenteeism is proven to be one of the highest predictors of school failure and that the student will eventually drop out of school; and
     Whereas, Each year nearly 7000 West Virginia students leave school prior to achieving a high school diploma; and
     Whereas, Truancy is a risk factor for serious juvenile delinquency and adult crime; and
     Whereas, Children who are truant are more likely to be involved with illegal drugs; and
     Whereas, The maximum number of unexcused absences allowed by West Virginia Code is five; and
     Whereas, Truancy negatively affects the entire learning process; and
     Whereas, The negative impact of truancy on society is extensive, and includes such outcomes as increased crime, low standards of living, low property values, lack of skilled workforce, and cyclical and generational devaluing of education attainment, to name only a few; and
     Whereas, At least 75% of high school dropouts are eventually incarcerated; and
     Whereas, At least 75% of all prison inmates in the state are high school dropouts; and
     Whereas, More than 80% of prison inmates are functionally illiterate; and
     Whereas, It is estimated that the 2008 class of high school dropouts will cost the state $1.7 billion in lost wages over their lifetimes; and
     Whereas, Each class of high school dropouts will costs the state $55 million in health care costs over the students' lifetimes; and
     Whereas, Being present at the workplace is an integral component of fulfilling the responsibilities of employment; and
     Whereas, Employers often have strict attendance policies and both reward employees who adhere to the policies and discipline those who do not; and
     Whereas, Schools should prepare students for the demands of the adult world, such as the expectation of employers that employees faithfully and reliably attend work; and
     Whereas, Magistrate and Circuit Courts in West Virginia have initiated various effective anti-truancy strategies and programs in recent years; and
     Whereas, Historically, interventions have begun in the middle grades, which ignores and destroys the foundation of a student's education; and
     Whereas, The most effective strategies begin at the elementary school level, involve efforts from both schools and families, include meaningful incentives for good attendance and consequences for poor attendance, and involve participation from community sources such as law enforcement, mental health workers, mentors, and social service providers; and
     Whereas, The Legislature should explore effective truancy interventions; and
     Whereas, Interventions to explore should include, but not be limited to, implementation of policies that promote school attendance through rewards for good attendance and consequences for poor attendance; promotion of attendance incentive programs; modification of available consequences and penalties for parents whose children are truant; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding the impact of truancy on students, schools and society, and strategies to address truancy and improve school attendance by truant students; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     The Speaker then referred the resolution to the Committee on Rules.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 204, Relating to removal of vehicles from highway in emergency situations,
     And,
     Com. Sub. for S. B. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures,
     And reports the same back with the recommendation that they each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 411, Making electronic cash register automated sales suppression devices unlawful,
     S. B. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act,
     And,
     S. B. 606, Relating to property forfeiture related to child pornography arrests and computer crimes,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 411, S. B. 497 and S. B. 606) were each referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service,
     S. B. 331, Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings,
     And,
     Com. Sub. for S. B. 418, Relating to qualifications of Parole Board members,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 487, Creating Coalbed Methane Gas Distribution Fund,
     And,
     Com. Sub. for S. B. 526, Relating to dedication of proceeds from county excise tax on transfer of real property,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 487 and Com. Sub. for S. B. 526) were each referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 484, Relating generally to child welfare,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 484) to the Committee on Finance was abrogated.
     Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 109, Permitting unlicensed personnel to administer medications or assist in certain circumstances,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 109) was referred to the Committee on the Judiciary.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 676, Extending grant funding application date for Chesapeake Bay watershed compliance projects,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 676) to the Committee on Finance was abrogated.
     On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, Guthrie, Iaquinta, Marshall, Perdue, D. Poling, Anderson, Ashley, Carmichael, C. Miller and Walters:
     
H. B. 4658 - "A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways, fund 9017, fiscal year 2012, organization 0803, for the fiscal year ending June 30, 2012."
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
     H. C. R. 20, The "SP5 Lynn Waitman Peters Memorial Bridge",
     H.C. R.62, Requesting that the sacrifice and service of the crew members of the U.S.S. West Virginia be recognized and rewarded for their actions during the Battle of Suriago Strait,
     Com. Sub. for H. C. R. 68, Declaring the City of Beckley's Exhibition Coal Mine as the official Exhibition Coal Mine of West Virginia,
     H. C. R. 70, The "Jones Brothers Memorial Bridge",
     H. C. R. 73, Honoring the members of the 78th Infantry Division and Proclaiming April 4, 2012 as 78th Lightning Division Day,
     H. C. R. 76, The "Cory Matthew Price Memorial Road",
     And,
     H. C. R. 81, The "Joe 'Bug' Marcum Memorial Bridge".
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
     H. B. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel. 
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need; released time; failure of teacher to perform contract or violation thereof; written notice bonus for teachers and professional personnel.
     (a) Before entering upon their duties, all teachers shall execute a contract with their county boards, which shall state the salary to be paid and shall be in the form prescribed by the state superintendent. Each contract shall be signed by the teacher and by the president and secretary of the county board and shall be filed, together with the certificate of the teacher, by the secretary of the office of the county board: Provided, That when necessary to facilitate the employment of employable professional personnel and prospective and recent graduates of teacher education programs who have not yet attained certification, the contract may be signed upon the condition that the certificate is issued to the employee prior to the beginning of the employment term in which the employee enters upon his or her duties.
     (b) Each teacher's contract, under this section, shall be designated as a probationary or continuing contract. A probationary teacher's contract shall be for a term of not less than one nor more than three years, one of which shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter, if applicable. If, after three years of such employment, the teacher who holds a professional certificate, based on at least a bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into a new contract of employment, it shall be a continuing contract, subject to the following:
     (1) Any teacher holding a valid certificate with less than a bachelor's degree who is employed in a county beyond the three-year probationary period shall upon qualifying for the professional certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and
     (2) A teacher holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if the employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year.
     (c) The continuing contract of any teacher shall remain in full force and effect except as modified by mutual consent of the school board and the teacher, unless and until terminated, subject to the following:
     (1) A continuing contract may not be terminated except:
     (A) By a majority vote of the full membership of the county board on or before February 1 March 1 of the then current year, after written notice, served upon the teacher, return receipt requested, stating cause or causes and an opportunity to be heard at a meeting of the board prior to the board's action on the termination issue; or
     (B) By written resignation of the teacher on or before February 1 March 1 to initiate termination of a continuing contract;
     (2) The termination shall take effect at the close of the school year in which the contract is terminated;
     (3) The contract may be terminated at any time by mutual consent of the school board and the teacher;
     (4) This section does not affect the powers of the school board to suspend or dismiss a principal or teacher pursuant to section eight of this article;
     (5) A continuing contract for any teacher holding a certificate valid for more than one year and in full force and effect during the school year 1984-1985 shall remain in full force and effect;
     (6) A continuing contract does not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal for lack of need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to this subsection may not be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed upon a preferred list in the order of their length of service with that board. No teacher may be employed by the board until each qualified teacher upon the preferred list, in order, has been offered the opportunity for reemployment in a position for which he or she is qualified, not including a teacher who has accepted a teaching position elsewhere. The reemployment shall be upon a teacher's preexisting continuing contract and has the same effect as though the contract had been suspended during the time the teacher was not employed.
     (d) In the assignment of position or duties of a teacher under a continuing contract, the board may provide for released time of a teacher for any special professional or governmental assignment without jeopardizing the contractual rights of the teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any professional educator while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law.
     (e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from doing so by personal illness or other just cause or unless released from his or her contract by the board, or who violates any lawful provision of the contract, is disqualified to teach in any other public school in the state for a period of the next ensuing school year and the State Department of Education or board may hold all papers and credentials of the teacher on file for a period of one year for the violation: Provided, That marriage of a teacher is not considered a failure to fulfill, or violation of, the contract.
     (f) Any classroom teacher, as defined in section one, article one of this chapter, who desires to resign employment with a county board or request a leave of absence, the resignation or leave of absence to become effective on or before July 15 of the same year and after completion of the employment term, may do so at any time during the school year by written notification of the resignation or leave of absence and any notification received by a county board shall automatically extend the teacher's public employee insurance coverage until August 31 of the same year.
     (g) (1) A classroom teacher who gives written notice to the county board on or before December 1 January 15 of the school year of his or her retirement from employment with the board at the conclusion of the school year shall be paid $500 from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to appropriation by the Legislature. If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest. This payment shall not be counted as part of the final average salary for the purpose of calculating retirement.
     (2) The position of a classroom teacher providing written notice of retirement pursuant to this subsection may be considered vacant and the county board may immediately post the position as an opening to be filled at the conclusion of the school year. If a teacher has been hired to fill the position of a retiring classroom teacher prior to the start of the next school year, the retiring classroom teacher is disqualified from continuing his or her employment in that position. However, the retiring classroom teacher may be permitted to continue his or her employment in that position and forfeit the early retirement notification payment if, after giving notice of retirement in accordance with this subsection, he or she becomes subject to a significant unforeseen financial hardship, including a hardship caused by the death or illness of an immediate family member or loss of employment of a spouse. Other significant unforeseen financial hardships shall be determined by the county superintendent on a case-by-case basis. This subsection does not prohibit a county school board from eliminating the position of a retiring classroom teacher.
§18A-2-6. Continuing contract status for service personnel; termination.
     After three years of acceptable employment, each service personnel employee who enters into a new contract of employment with the board shall be granted continuing contract status: Provided, That a service personnel employee holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if such employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year. The continuing contract of any such employee shall remain in full force and effect except as modified by mutual consent of the school board and the employee, unless and until terminated with written notice, stating cause or causes, to the employee, by a majority vote of the full membership of the board before February 1 March 1 of the then current year, or by written resignation of the employee on or before that date. The affected employee has the right of a hearing before the board, if requested, before final action is taken by the board upon the termination of such employment.
 Those employees who have completed three years of acceptable employment as of the effective date of this legislation shall be granted continuing contract status.
§18A-2-7. Assignment, transfer, promotion, demotion, suspension and recommendation of dismissal of school personnel by superintendent; preliminary notice of transfer; hearing on the transfer; proof required.
     (a) The superintendent, subject only to approval of the board, may assign, transfer, promote, demote or suspend school personnel and recommend their dismissal pursuant to provisions of this chapter. However, an employee shall be notified in writing by the superintendent on or before February 1 March 1 if he or she is being considered for transfer or to be transferred. Only those employees whose consideration for transfer or intended transfer is based upon known or expected circumstances which will require the transfer of employees shall be considered for transfer or intended for transfer and the notification shall be limited to only those employees. Any teacher or employee who desires to protest the proposed transfer may request in writing a statement of the reasons for the proposed transfer. The statement of reasons shall be delivered to the teacher or employee within ten days of the receipt of the request. Within ten days of the receipt of the statement of the reasons, the teacher or employee may make written demand upon the superintendent for a hearing on the proposed transfer before the county board of education. The hearing on the proposed transfer shall be held on or before March 15 April 15. At the hearing, the reasons for the proposed transfer must be shown.
     (b) The superintendent at a meeting of the board on or before March 15 April 15 shall furnish in writing to the board a list of teachers and other employees to be considered for transfer and subsequent assignment for the next ensuing school year. An employee who was not provided notice and an opportunity for a hearing pursuant to subsection (a) of this section may not be included on the list. All other teachers and employees not so listed shall be considered as reassigned to the positions or jobs held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record of the meeting and all those so listed shall be notified in writing, which notice shall be delivered in writing, by certified mail, return receipt requested, to the persons' last known addresses within ten days following the board meeting, of their having been so recommended for transfer and subsequent assignment and the reasons therefor.
     (c) The superintendent's authority to suspend school personnel shall be temporary only pending a hearing upon charges filed by the superintendent with the board of education and the period of suspension may not exceed thirty days unless extended by order of the board.
     (d) The provisions of this section respecting hearing upon notice of transfer is not applicable in emergency situations where the school building becomes damaged or destroyed through an unforeseeable act and which act necessitates a transfer of the school personnel because of the aforementioned condition of the building.
§18A-2-8a. Notice to probationary personnel of rehiring or nonrehiring; hearing.
     The superintendent at a meeting of the board on or before March 15 April 15 of each year shall provide in writing to the board a list of all probationary teachers that he or she recommends to be rehired for the next ensuing school year. The board shall act upon the superintendent's recommendations at that meeting in accordance with section one of this article. The board at this same meeting shall also act upon the retention of other probationary employees as provided in sections two and five of this article. Any such probationary teacher or other probationary employee who is not rehired by the board at that meeting shall be notified in writing, by certified mail, return receipt requested, to such persons' last known addresses within ten days following said board meeting, of their not having been rehired or not having been recommended for rehiring.
     Any probationary teacher who receives notice that he or she has not been recommended for rehiring or other probationary employee who has not been reemployed may within ten days after receiving the written notice request a statement of the reasons for not having been rehired and may request a hearing before the board. The hearing shall be held at the next regularly scheduled board of education meeting or a special meeting of the board called within thirty days of the request for hearing. At the hearing, the reasons for the nonrehiring must be shown.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-7a. Employment, promotion and transfer of professional personnel; seniority.

          (a) A county board of education shall make decisions affecting the hiring of professional personnel other than classroom teachers on the basis of the applicant with the highest qualifications.
          (b) The county board shall make decisions affecting the hiring of new classroom teachers on the basis of the applicant with the highest qualifications.
          (c) In judging qualifications for hiring employees pursuant to subsections (a) and (b) of this section, consideration shall be given to each of the following:
          (1) Appropriate certification, licensure or both;
          (2) Amount of experience relevant to the position; or, in the case of a classroom teaching position, the amount of teaching experience in the subject area;
          (3) The amount of course work, degree level or both in the relevant field and degree level generally;
          (4) Academic achievement;
          (5) Relevant specialized training;
          (6) Past performance evaluations conducted pursuant to section twelve, article two of this chapter; and
          (7) Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged.
          (d) If one or more permanently employed instructional personnel apply for a classroom teaching position and meet the standards set forth in the job posting, the county board of education shall make a decision affecting the filling of the position on the basis of the following criteria:
          (1) Appropriate certification, licensure or both;
          (2) Total amount of teaching experience;
          (3) The existence of teaching experience in the required certification area;
          (4) Degree level in the required certification area;
          (5) Specialized training directly related to the performance of the job as stated in the job description;
          (6) Receiving an overall rating of satisfactory in the previous two evaluations conducted pursuant to section twelve, article two of this chapter; and
          (7) Seniority.
          (e) In filling positions pursuant to subsection (d) of this section, consideration shall be given to each criterion with each criterion being given equal weight. If the applicant with the most seniority is not selected for the position, upon the request of the applicant a written statement of reasons shall be given to the applicant with suggestions for improving the applicant's qualifications.
          (f) With the exception of guidance counselors, the seniority of classroom teachers, as defined in section one, article one of this chapter shall be determined on the basis of the length of time the employee has been employed as a regular full-time certified and/or licensed professional educator by the county board of education and shall be granted in all areas that the employee is certified, licensed or both.
          (g) Upon completion of one hundred thirty-three days of employment in any one school year, substitute teachers, except retired teachers and other retired professional educators employed as substitutes, shall accrue seniority exclusively for the purpose of applying for employment as a permanent, full-time professional employee. One hundred thirty-three days or more of said employment shall be prorated and shall vest as a fraction of the school year worked by the permanent, full-time teacher.
          (h) Guidance counselors and all other professional employees, as defined in section one, article one of this chapter, except classroom teachers, shall gain seniority in their nonteaching area of professional employment on the basis of the length of time the employee has been employed by the county board of education in that area: Provided, That if an employee is certified as a classroom teacher, the employee accrues classroom teaching seniority for the time that employee is employed in another professional area. For the purposes of accruing seniority under this paragraph, employment as principal, supervisor or central office administrator, as defined in section one, article one of this chapter, shall be considered one area of employment.
          (I) Employment for a full employment term shall equal one year of seniority, but no employee may accrue more than one year of seniority during any given fiscal year. Employment for less than the full employment term shall be prorated. A random selection system established by the employees and approved by the board shall be used to determine the priority if two or more employees accumulate identical seniority: Provided, That when two or more principals have accumulated identical seniority, decisions on reductions in force shall be based on qualifications.
          (j) Whenever a county board is required to reduce the number of professional personnel in its employment, the employee with the least amount of seniority shall be properly notified and released from employment pursuant to the provisions of section two, article two of this chapter. The provisions of this subsection are subject to the following:
          (1) All persons employed in a certification area to be reduced who are employed under a temporary permit shall be properly notified and released before a fully certified employee in such a position is subject to release;
          (2) An employee subject to release shall be employed in any other professional position where the employee is certified and was previously employed or to any lateral area for which the employee is certified, licensed or both, if the employee's seniority is greater than the seniority of any other employee in that area of certification, licensure or both;
          (3) If an employee subject to release holds certification, licensure or both in more than one lateral area and if the employee's seniority is greater than the seniority of any other employee in one or more of those areas of certification, licensure or both, the employee subject to release shall be employed in the professional position held by the employee with the least seniority in any of those areas of certification, licensure or both; and
          (4) If, prior to August 1, of the year a reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force or transfer and shall notify the released employee in writing of his or her right to be restored to his or her position of employment. Within five days of being so notified, the released employee shall notify the board, in writing, of his or her intent to resume his or her position of employment or the right to be restored shall terminate. Notwithstanding any other provision of this subdivision, if there is another employee on the preferred recall list with proper certification and higher seniority, that person shall be placed in the position restored as a result of the reduction in force being rescinded.
          (k) For the purpose of this article, all positions which meet the definition of 'classroom teacher' as defined in section one, article one of this chapter shall be lateral positions. For all other professional positions, the county board of education shall adopt a policy by October 31, 1993, and may modify the policy thereafter as necessary, which defines which positions shall be lateral positions. The board shall submit a copy of its policy to the state board within thirty days of adoption or any modification, and the state board shall compile a report and submit the report to the Legislative Oversight Commission on Education Accountability by December 31, 1993, and by that date in any succeeding year in which any county board submits a modification of its policy relating to lateral positions. In adopting the policy, the board shall give consideration to the rank of each position in terms of title; nature of responsibilities; salary level; certification, licensure or both; and days in the period of employment.
          (l) After the fifth twentieth day prior to the beginning of the instructional term, no person employed and assigned to a professional position may transfer to another professional position in the county during that instructional term unless the person holding that position does not have valid certification. The provisions of this subsection are subject to the following:
          (1) The person may apply for any posted, vacant positions with the successful applicant assuming the position at the beginning of the next instructional term;
          (2) Professional personnel who have been on an approved leave of absence may fill these vacancies upon their return from the approved leave of absence; and
          (3) The county board, upon recommendation of the superintendent may fill a position before the next instructional term when it is determined to be in the best interest of the students. Provided, That The county superintendent shall notify the state board of each transfer of a person employed in a professional position to another professional position after the fifth twentieth day prior to the beginning of the instructional term;
__________(4) The provisions of this subsection do not apply to the filling of a position vacated because of resignation or retirement that became effective on or before the twentieth day prior to the beginning of the instructional term, but not posted until after that date; and
__________
(5) The Legislature finds that it is not in the best interest of the students particularly in the elementary grades to have multiple teachers for any one grade level or course during the instructional term. It is the intent of the Legislature that the filling of positions through transfers of personnel from one professional position to another after the fifth twentieth day prior to the beginning of the instructional term should be kept to a minimum.
          (m) All professional personnel whose seniority with the county board is insufficient to allow their retention by the county board during a reduction in work force shall be placed upon a preferred recall list. As to any professional position opening within the area where they had previously been employed or to any lateral area for which they have certification, licensure or both, the employee shall be recalled on the basis of seniority if no regular, full-time professional personnel, or those returning from leaves of absence with greater seniority, are qualified, apply for and accept the position.
          (n) Before position openings that are known or expected to extend for twenty consecutive employment days or longer for professional personnel may be filled by the board, the board shall be required to notify all qualified professional personnel on the preferred list and give them an opportunity to apply, but failure to apply shall not cause the employee to forfeit any right to recall. The notice shall be sent by certified mail to the last known address of the employee, and it shall be the duty of each professional personnel to notify the board of continued availability annually, of any change in address or of any change in certification, licensure or both.
          (o) Openings in established, existing or newly created positions shall be processed as follows:
          (1) Boards shall be required to post and date notices which shall be subject to the following:
          (A) The notices shall be posted in conspicuous working places for all professional personnel to observe for at least five working days;
          (B) The notice shall be posted within twenty working days of the position openings and shall include the job description;
          (C) Any special criteria or skills that are required by the position shall be specifically stated in the job description and directly related to the performance of the job;
          (D) Postings for vacancies made pursuant to this section shall be written so as to ensure that the largest possible pool of qualified applicants may apply; and
          (E) Job postings may not require criteria which are not necessary for the successful performance of the job and may not be written with the intent to favor a specific applicant;
          (2) No vacancy shall be filled until after the five-day minimum posting period;
          (3) If one or more applicants meets the qualifications listed in the job posting, the successful applicant to fill the vacancy shall be selected by the board within thirty working days of the end of the posting period;
          (4) A position held by a teacher who is certified, licensed or both, who has been issued a permit for full-time employment and is working toward certification in the permit area shall not be subject to posting if the certificate is awarded within five years; and
          (5) Nothing provided herein shall prevent the county board of education from eliminating a position due to lack of need.
          (p) Notwithstanding any other provision of the code to the contrary, where the total number of classroom teaching positions in an elementary school does not increase from one school year to the next, but there exists in that school a need to realign the number of teachers in one or more grade levels, kindergarten through six, teachers at the school may be reassigned to grade levels for which they are certified without that position being posted: Provided, That the employee and the county board of education mutually agree to the reassignment.
          (q) Reductions in classroom teaching positions in elementary schools shall be processed as follows:
          (1) When the total number of classroom teaching positions in an elementary school needs to be reduced, the reduction shall be made on the basis of seniority with the least senior classroom teacher being recommended for transfer; and
          (2) When a specified grade level needs to be reduced and the least senior employee in the school is not in that grade level, the least senior classroom teacher in the grade level that needs to be reduced shall be reassigned to the position made vacant by the transfer of the least senior classroom teacher in the school without that position being posted: Provided, That the employee is certified, licensed or both and agrees to the reassignment.
          (r) Any board failing to comply with the provisions of this article may be compelled to do so by mandamus and shall be liable to any party prevailing against the board for court costs and reasonable attorney fees as determined and established by the court. Further, employees denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactive to the date of the violation and payable entirely from local funds. Further, the board shall be liable to any party prevailing against the board for any court reporter costs including copies of transcripts.
          (s) The county board shall compile, update annually on July 1 and make available by electronic or other means to all employees a list of all professional personnel employed by the county, their areas of certification and their seniority."
          And,
          By amending the title of the bill to read as follows:
          H. B. 4583 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-7a of said code, all relating to school personnel; changing certain deadlines pertaining to termination of a continuing contract, resignation, retirement, transfer and rehiring of probationary employees; changing the number of days prior to the beginning of the instructional term for limiting the transfer of certain employees; and restricting application of certain provisions pertaining to limiting the transfer of certain employees."
          On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
          The bill, as amended by the Senate, was then put upon its passage.
          On the passage of the bill, the yeas and nays were taken (Roll No. 226), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
         So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4583) passed.
          Delegate Boggs moved that the bill take effect from passage.
          On this question, the yeas and nays were taken (Roll No. 227), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
          So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4583) takes effect from passage.
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Unfinished Business

          The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted.
          H. C. R. 83, The "Vernon Craddock Memorial Bridge",
          And,
          H. C. R. 85, The "Cox Joe Gollie Memorial Bridge".
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

          Com. Sub. for S. B. 191, Relating to personal safety orders; on third reading, coming up in regular order, with restricted right to amend, was, on motion of Delegate Boggs, laid over.
          S. B. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice; on third reading, coming up in regular order, was read a third time.
          The question being on the passage of the bill, the yeas and nays were taken (Roll No. 228), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
          Nays: Howell, C. Miller, Savilla, Sobonya and Sumner.
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
          So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 214) passed.
          Delegate Boggs moved that the bill take effect from passage.
          On this question, the yeas and nays were taken (Roll No. 229), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
          Nays: Gearheart, Howell, C. Miller, Savilla, Snuffer, Sobonya and Sumner.
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
          So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 214) takes effect from passage.
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
          Com. Sub. for S. B. 382, Relating to sex offender registration; on third reading, coming up in regular order, was read a third time.
          The question being on the passage of the bill, the yeas and nays were taken (Roll No. 230), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
          So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 382) passed.
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
          Com. Sub. for S. B. 536, Authorizing Auditor's land department accept credit, debit or charge card payments; on third reading, coming up in regular order, was read a third time.

          The question being on the passage of the bill, the yeas and nays were taken (Roll No. 231), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
          Absent and Not Voting: Brown, Manchin, J. Miller and Moore.
          So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 536) passed.
          Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

          S. B. 365, Increasing membership of PEIA Finance Board; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading

          The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
          Com. Sub. for S. B. 185, Relating to Employee Suggestion Award Program,
          Com. Sub. for S. B. 186, Providing salary equity supplement payments to teachers and service personnel,
          Com. Sub. for S. B. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements,
          Com. Sub. for S. B. 371, Providing school system under declared state of emergency participate as innovation zone pilot project,
          Com. Sub. for S. B. 387, Requiring training of floodplain managers,
          S. B. 410, Requiring backup withholding for certain gambling prizes,
          S. B. 424, Exempting certain barbers from continuing education requirement,
          S. B. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement ,
          Com. Sub. for S. B. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation,
          Com. Sub. for S. B. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access,
          S. B. 655, Allowing licensure of certain veterinarians by endorsement,
          H. B. 4656, Making a supplementary appropriation to the Division of Human Services - Temporary Assistance for Needy Families,
          And,
          H. B. 4657, Making a supplementary appropriation to the Department of Administration - Office of the Secretary - Employee Pension and Health Care Benefit Fund, Division of Purchasing, Department of Environmental Protection, etc.
Miscellaneous Business

          Delegate Hall noted to the Clerk that he was absent when the vote was taken on the adoption of H. R. 35, and that had he been present, he would have voted "Yea" thereon.
          Delegate Longstreth announced that she was absent when the votes were taken on S. B. 205, S. B. 385, Com. Sub. for S. B. 429 and Com. Sub. for S. B. 434 on Friday, March 2, 2012, and that had she been present, she would have voted "Yea" thereon.
          At 11:38 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

          At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

          Chairman White, from the Committee on Finance, submitted the following report, which was received:
          Your Committee on Finance has had under consideration:
          S. B. 166, Making disarming or attempting to disarm correctional officer felony,
          S. B. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund,
          S. B. 337, Relating to powers and duties of Commissioner of Banking,
          And,
          S. B. 386, Clarifying entities included in water's-edge group for income tax purposes,
          And reports the same back with the recommendation that they each do pass.
          Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
          Your Committee on Health and Human Resources has had under consideration:
          Com. Sub. for S. B. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse,
          And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
          In the absence of objection, reference of the bill (Com. Sub. for S. B. 572) to the Committee on the Judiciary was abrogated.
          Chairman White, from the Committee on Finance, submitted the following report, which was received:
          Your Committee on Finance has had under consideration:
          Com. Sub. for S. B. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization,
          S. B. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System,
          S. B. 650, Making supplementary appropriation from General Revenue to DHHR-Division of Human Services,
          And,
          S. B. 673, Expiring funds from MAPS -- Office of the Secretary and making supplementary appropriation to MAPS -- Division of Corrections -- Correctional Units,
          And reports the same back with the recommendation that they each do pass.
          Chairman Skaff, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
          Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
          Com. Sub. for S. B. 552, Creating WV Land Stewardship Corporation Act,
          And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
          In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 552) was referred to the Committee on the Judiciary.
          On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
          By Delegates M. Poling and Paxton:
          
H. C. R. 104 - "Recognizing the Deaf or Hard of Hearing Student's Bill of Rights."
          Whereas, Several states and state agencies in the nation have adopted a Deaf or Hard of Hearing Student's Bill of Rights in some form; and
          Whereas, Hearing loss impacts one of the most basic of human needs: the ability to communicate with other human beings; and
          Whereas, Many individuals who are deaf or hard of hearing use sign systems as their communication mode, and often American Sign Language (ASL) is their primary language; and
          Whereas, "Communication Mode or Language" means one or more of the following systems or methods of communication applicable to the deaf and hard of hearing: American Sign Language; English-based manual or sign systems; oral, aural, or speech-based training; or any other communication mode or language which a student or his or her parents or guardians choose to utilize; and
          Whereas, Other individuals who are deaf or hard of hearing express and receive language orally and aurally, with or without visual signs or cues; and
          Whereas, Typically, young children who are deaf or hard of hearing lack significant English language skills; and
          Whereas, It is essential for the well-being and growth of students who are deaf or hard of hearing that educational programs recognize the unique nature of hearing loss and ensure that all students who are deaf or hard of hearing have appropriate, ongoing and fully accessible educational opportunities in all settings; and
          Whereas, There are more than 450 students who are deaf or hard of hearing in the State of West Virginia in grades kindergarten through twelfth; and
          Whereas, A very small percentage of these students matriculate to post-secondary education after graduating from high school; and
          Whereas, Many individuals who are deaf or hard of hearing remain unemployed after completing school due to communication barriers; and
          Whereas, Students who are deaf or hard of hearing require specialized instruction, services, equipment, and materials; and
          Whereas, Significant barriers to education and employment exist for individuals who are deaf or hard of hearing in our current education system and must be addressed; and
          Whereas, Each student's unique communication mode must be respected, utilized, and developed to an appropriate level of proficiency; and
          Whereas, A student who is deaf or hard of hearing must have an education in which teachers of the deaf and hard of hearing and the interpreter are proficient in the primary language mode of the student; and
          Whereas, Each teacher of the deaf and hard of hearing must be appropriately trained in this area of exceptionality and be sensitive to the cultural and linguistic needs of students who are deaf or hard of hearing; and
          Whereas, A student who is deaf or hard of hearing must receive an education in which teachers of the deaf and hard of hearing, psychologists, speech therapists, evaluators, administrators and other special education personnel understand the unique nature of hearing loss and are specifically trained to understand the student's needs; and
          Whereas, A student who is deaf or hard of hearing must be assessed using tools which accurately evaluate aptitude, achievement level or such other factors as the tool is intended to measure. Any assessment must be delivered and administered in the student's native language, must not be discriminatory, and must provide a qualified interpreter for its duration; and
          Whereas, The Individual Education Plan (IEP) Team for a student who is deaf or hard of hearing must consider opportunities for direct communication with peers who are approximately the same age and ability level and in the student's language and communication modes; and
          Whereas, The IEP Team must consider providing related services and program options that give the deaf or hard of hearing student an appropriate and equal opportunity for communication access; and
          Whereas, In considering a student's specific communication needs, and especially the importance of clear communication, the IEP team must emphasize the acquisition of the language or communication mode chosen for or by the student, including sign, speech or another mode; and
          Whereas, Language acquisition must be prioritized through: Using the student's individual communication mode or language; providing the opportunity to interact with peers who have similar cognitive and language abilities; providing the opportunity for interaction with deaf or hard of hearing adult models who use the same or similar communication mode or language as the student; providing direct language access by teachers of the deaf and hard of hearing, interpreters and other specialists who are proficient in the student's primary communication mode or language; and providing accessible academic instruction, school services and extracurricular activities in the student's communication mode or language; and

                    Whereas, A student who is deaf or hard of hearing must have access to professional personnel with whom he or she can communicate directly in his or her language and communication modes; and
                    Whereas, A student who is deaf or hard of hearing and his or her parents or guardians must be given the opportunity to participate fully in the educational planning, which includes having access to all relevant information; and
                    Whereas, A student who is deaf or hard of hearing must have programs in which he or she has direct and appropriate access to a full spectrum of educational and vocational training programs, including, but not limited to, recess, lunch and extracurricular social and athletic activities; and
                    Whereas, A student who is deaf or hard of hearing must be provided appropriate assistive technology, and students, teachers and other school personnel must be trained in its use; and
                    Whereas, A student who is deaf or hard of hearing must be educated in classrooms where sound levels meet the Acoustical Society of America (ASA) guidelines for reducing room noise and the signal-to-noise ratio through the use of materials such as acoustical tiles; and
                    Whereas, A student who is deaf or hard of hearing and uses hearing aids or cochlear implants must have daily monitoring of external components conducted by trained staff; and
                    Whereas, A student who is deaf or hard of hearing must have opportunities for interaction with deaf and hard of hearing role models and exposure to deaf culture; and
                    Whereas, To ensure a free and appropriate public education for a student who is deaf or hard of hearing, as required by the Individuals with Disabilities Education Act (IDEA), the IEP team must ensure that: All the educational options available to the student at the time his or her IEP is prepared are fully explained to the parents or guardians and the student in the student's communication mode or language; and the student is not denied the opportunity for instruction or extra curricular activities in a particular communication mode or language solely because the child has some hearing, his or her parents or guardians are not fluent in his or her communication mode, or the student has previous experience with some other communication mode or language; and
                    Whereas, All teachers, interpreters and other school personnel who work with students who are deaf or hard of hearing must be provided opportunities to receive professional development in their specialized fields, which must include educational strategies, interpreting skills and technology; and
                    Whereas, Due to the unique communication needs of students who are deaf or hard of hearing, consideration must be given to the provision of services, programs or shared resources across county lines; and therefore, be it
                    Resolved by the Legislature of West Virginia:
                    That the Deaf or Hard of Hearing Student's Bill of Rights is hereby recognized; and, be it
                    Further Resolved, That a copy of this resolution be sent to the West Virginia Commission for the Deaf and Hard of Hearing, and all other appropriate organizations.
                    The Speaker then referred the resolution to the Committee on Rules.
                    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
                    Your Committee on Education has had under consideration:
                    Com. Sub. for S. B. 340, Relating to interscholastic athletics concussions and head injuries,
                    And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
                    In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 340) was referred to the Committee on the Judiciary.
                    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
                    Your Committee on Education has had under consideration:
                    S. B. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula,
                    And,
                    S. B. 646, Requiring State Board of Education study GED issues,
                    And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
                    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
                    Your Committee on the Judiciary has had under consideration:
                    Com. Sub. for S. B. 342, Relating generally to criminal justice system,
                    And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
                    In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. 342) was referred to the Committee on Finance.
                    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
                    Your Committee on the Judiciary has had under consideration:
                    Com. Sub. for S. B. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,
                    And reports the same back, with amendment, with the recommendation that it do pass, as amended.
                    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
                    Your Committee on the Judiciary has had under consideration:
                    Com. Sub. for S. B. 253, Authorizing DEP promulgate legislative rules,
                    And reports the same back with the recommendation that it do pass.
                    Chairman White, from the Committee on Finance, submitted the following report, which was received:
                    Your Committee on Finance has had under consideration:
                    S. B. 156, Allowing Corrections Commissioner use excess funds to offset operational costs,
                    Com. Sub. for S. B. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce,
                    Com. Sub. for S. B. 373, Providing State Police collect fee for advanced training,
                    And,
                    S. B. 579, Increasing special reclamation tax on clean coal mined,
                    And reports the same back, with amendments, with the recommendation that they each do pass, as amended.
                    Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
                    Your Committee on Health and Human Resources has had under consideration:
                    Com. Sub. for S. B. 437, Relating generally to substance abuse,
                    And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
                    In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 437) was referred to the Committee on the Judiciary.
Messages from the Senate

                    A message from the Senate, by
                    The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
                    Com. Sub. for H. B. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes.
                    On motion of Delegate Boggs, the bill was taken up for immediate consideration.
                    The following Senate amendments were reported by the Clerk:
                    On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
                    "That §18A-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §18A-3C-1, §18A-3C-2 and §18A-3C-3, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.

     (a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.
     (b) The system adopted by the state board for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.
     (c) For purposes of this section, 'professional personnel', 'professional' or 'professionals', means professional personnel as defined in section one, article one of this chapter but does not include professional personnel subject to the evaluation processes established pursuant to the provisions of section two, article three-c of this chapter.
     (d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such those standards.
     (e) The performance evaluation system shall contain, but shall not be limited to, the following information:
     (1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;
     (2) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. Provided, That For school personnel with five or more years of experience who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently. Provided, however, That For classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be conducted or professional growth and development plan required only when the principal determines it to be is necessary for a particular classroom teacher or when a classroom teacher exercises the option of being evaluated at more frequent intervals;
     (3) The evaluation shall serve the following purposes:
     (A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;
     (B) Provide an indicator of satisfactory performance for individual professionals;
     (C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and
     (D) Serve as a basis for programs to increase the professional growth and development of professional personnel;
     (4) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such those standards and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003 and thereafter, Professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and
     (5) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.
     (f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.
     (g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After July 1, 1994, no person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development or equivalent education and training approved by the state board.
     (h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.
     (i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the Internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:
     (1) Teach and reteach strategies;
     (2) Write to learn activities;
     (3) Cultural diversity;
     (4) Color coding; or
     (5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction; and
     (j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.
     (k) Nothing in this section may be construed to prohibit classroom teachers from voluntarily posting material on the Internet.
ARTICLE 3C. IMPROVING TEACHING AND LEARNING.
§18A-3C-1. Findings; purposes and definition.

     (a) The Legislature makes the following findings:
     (1) Processes set forth in this article for evaluation, teacher induction and professional growth is not intended to make up for substandard initial preparation of teachers, but instead is intended to build on a solid foundation created by the teacher preparation programs. Therefore, the Legislature expects the teacher preparation programs to graduate teachers that can perform at a level that increases student achievement. The Legislature expects that the processes set forth in this article will allow a teacher to excel beyond that level in the classroom;
     (2) The comprehensive system of support provided for in this article should be implemented in a way that, as compared with the beginning teacher internship system, much more effectively provides for the professional growth of teachers;
     (3) In order for the comprehensive system of support to much more effectively provide for professional growth for teachers, funding should be greatly increased over and above what has been provided for the beginning teacher internship system; and
     (4) Although the quality of the teacher in the classroom is extremely important to the academic achievement of students, students cannot learn if they are not in the classroom. Therefore, attending school on a regular basis is of utmost importance to the academic success of students.
     (b) The purpose of this article is to create a comprehensive infrastructure that routinely supports a continuous process for improving teaching and learning. Its focus is on developing strong teaching and school leadership, without which effective learning does not occur. The general components of this infrastructure include the following:
     (1) High-quality teacher preparation, induction and evaluation;
     (2) Universal support for emerging teachers including comprehensive new teacher induction and support for student teachers, teachers teaching in assignments for which they have less than a full professional credential and teacher candidates pursuing certification through an alternative route;
     (3) Evaluation of the performance of teachers and leaders in demonstrating high quality professional practice, leadership and collaboration and the resulting growth in student learning;
     (4) Focused improvement in teaching and learning through the use of evaluation data to inform the delivery of professional development and additional supports to improve teaching based on the evaluation results and to inform the need for improvements in teacher preparation programs; and
     (5) The creation of a leadership culture that seeks and builds powerful alliances among all stakeholders focused on continuous growth in student learning.
     (c) For purposes of this article 'professional personnel' includes, but is not limited to, classroom teachers, assistant principals and principals as defined in section one, article one chapter eighteen-a of this code.
§18A-3C-2. Performance evaluations of professional personnel.
     (a) The intent of the Legislature is to allow for a multi-step statewide implementation of performance evaluations for professional personnel pursuant to this section consistent with sound educational practices and resources available resulting in full state-wide implementation by no later than the school year 2013-2014. Beginning with the schools included in the evaluation processes for professional personnel piloted by the Department of Education during the 2011-2012 school year, additional schools or school systems shall be subject to the provisions of this article in accordance with a plan established by the state board to achieve full statewide implementation by no later than the school year 2013-2014. For schools and school systems subject to the provisions of this article, the provisions of this article shall govern when they are in conflict with other provisions of this chapter and chapter eighteen of this code. Specifically, the provisions of this article govern for the performance evaluation of classroom teachers, principals and assistant principals employed in these schools and school systems. To the extent that this article conflicts with the provisions of section twelve, article two of this chapter relating to professional personnel performance evaluations, this article shall govern. The state board shall submit a report on its plan for the phased implementation of this article to the Legislative Oversight Commission on Education Accountability at the Commission's July interim meeting in each year of the phased implementation. The report shall include an update on the implementation of this article including, but not limited to, the positions to be evaluated, the evaluation process and a list of the schools and school systems subject to the provisions of this article.
     (b) Before July 1, 2013, the state board shall adopt a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, for evaluating the performance of each professional person each year. The rule shall provide for performance evaluations of professional personnel to be conducted in accordance with this section in each school and school system beginning with the 2013-14 school year.
     (c) The process adopted by the state board for evaluating the performance of classroom teachers shall incorporate at least the following:
     (1) Alignment with the West Virginia professional teaching standards adopted by the state board that establish the foundation for educator preparation, teacher assessment and professional development throughout the state;
     (2) Employment of the professional teaching standards to provide explicit and extensive measures of the work of teaching and what teachers must know and be able to do and provide evaluative measures of educator performance;
     (3) The use of two pieces of evidence at two points in time over the instructional term to demonstrate student learning as an indicator of educator performance; and
     (4) The use of school's school-wide student learning growth as measured by the state-wide summative assessment as an evaluative measure of all educators employed in the school.
     Eighty percent of the evaluation shall be based on an appraisal of the educator's ability to perform the critical standard elements of the professional teaching standards. The appraisal shall include conferences with the evaluator reinforced through observation. Twenty percent of the evaluation shall be based on the evidence of the student learning, of which fifteen percent shall be evidence of the student learning of students assigned to the educator and five percent shall be student learning growth measured by the school-wide score on the state summative assessment.
     (d) The process adopted by the state board for evaluating the performance of principals and assistant principals shall include, but not be limited to, the following:
     (1) Alignment with the West Virginia professional leadership standards adopted by the state board establishing the responsibility of principals for the collective success of their school including the learning, growth and achievement of students, staff and self;
     (2) Employment of the professional leadership standards to provide explicit and extensive measures of the work of school leadership focused on the continuous improvement of teaching and learning;
     (3) The use of data, evidence and artifacts to confirm the principal's performance on achieving the goals established by the principal and superintendent based on the identified needs of the principal and the school including, but not limited to, the school's score on the state summative assessment; and
     (4) The use of stakeholder surveys of students, parents and teachers regarding the overall effectiveness of the principal on elements of the school leader standards.
     (e) Evaluations of the performance of professional personnel shall serve the following purposes:
     (1) Serve as a basis for the improvement of the performance of the professional personnel in their assigned duties;
     (2) Serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school-site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
     (3) Serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county's schools indicates an area or areas of needed improvement;
     (4) Serve as a basis for informing the teacher preparation programs in this state of an area or areas of needed improvement in the programs, or informing a specific program of needed improvement, when state-level aggregate evaluation data indicates that beginning teachers who have graduated from the program have specific weaknesses;
     (5) Provide an indicator of level of performance of the professional personnel;
     (6) Serve as a basis for programs to increase the professional growth and development of professional personnel; and
     (7) Serve as documentation for a dismissal on the grounds of unsatisfactory performance.
     (f) The rule adopted by the state board shall include standards for performance of professional personnel and the criteria to be used to determine whether their performance meets the standards. The rule also shall include guidance on best practices for providing time within the school day for teachers subject to performance evaluations under this section to participate in the collaborative mentoring or coaching and planning processes necessary for execution of the performance evaluation process and achieving advanced levels of performance.
     (g) The rule adopted by the state board shall include provisions for written improvement plans when necessary to improve the performance of the professional personnel. The written improvement plan shall be specific as to what improvements are needed in the performance of the professional personnel and shall clearly set forth recommendations for improvements including recommendations for additional education and training of professionals subject to recertification. Professional personnel whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan.
     (h) A professional person whose performance is considered to be unsatisfactory shall be given written notice of his of her deficiencies. A written improvement plan to correct these deficiencies shall be developed by the employing county board and the employee. The professional person shall be given a reasonable period of time, not exceeding twelve months, to accomplish the requirements of the improvement plan and shall receive a written statement of the resources and assistance available for the purposes of correcting the deficiencies. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional written recommendations for improvement or may recommend the dismissal of the professional personnel in accordance with the provisions of section eight, article two of this chapter.
     (i) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating.
§18A-3C-3. Comprehensive system for teacher induction and professional growth.
     (a) The intent of the Legislature is to allow for a multistep statewide implementation of a comprehensive system of support for building professional practice of beginning teachers, specifically those on the initial and intermediate progressions, consistent with sound educational practices and resources available. In this regard, it is the intent of the Legislature that the transition of schools and school systems to a comprehensive system of support that includes support for improved professional performance targeted on deficiencies identified through the evaluation process will be implemented concurrent with the first year that a school or system receives final evaluation results from the performance evaluation process pursuant to section two of this article. For schools and school systems subject to the provisions of this article, the provisions of this article govern when they are in conflict with section two-b, article three of this chapter relating to beginning teacher internships, or in conflict with other provisions of this chapter and chapter eighteen of this code. Further, because of significant variability among the counties, not only in the size of their teaching force, distribution of facilities and available resources, but also because of their varying needs, the Legislature intends for the implementation of this section to be accomplished in a manner that provides adequate flexibility to the counties to design and implement a comprehensive system of support for improving professional performance that best achieves the goals of this section within the county. Finally, because of the critical importance of ensuring that all teachers perform at the accomplished level or higher in the delivery of instruction that at least meets the West Virginia professional teaching standards and because achieving this objective at a minimum entails providing assistance to address the needs as indicated by the data informed results of annual performance evaluations, including the self-assessed needs of the teachers themselves, the Legislature expects the highest priority for county, regional and state professional development will be on meeting these needs and that the transition to a comprehensive system of support for improving professional practice will reflect substantial redirection of existing professional development resources toward this highest priority.
     (b) On or before July 1, 2012, the state board shall publish guidelines on the design and implementation of a comprehensive system of support for improving professional practice. The purpose of the guidelines is to assist the county board with the design and implementation of a system that best achieves the goals of this section within the county. The guidelines may include examples of best practices and resources available to county boards to assist them with the design and implementation of a comprehensive system.
     (c) Effective for the school year beginning July 1, 2013, and thereafter, a county board is not eligible to receive state funding appropriated for the purposes of this section or any other provision of law related to beginning teacher internships and mentor teachers unless it has adopted a plan for implementation of a comprehensive system of support for improving professional practice, the plan has been verified by the state board as meeting the requirements of this section and the county is implementing the plan. The plan shall address the following:
     (1) The manner in which the county will provide the strong school-based support and supervision that will assist beginning teachers in developing instructional and management strategies, procedural and policy expertise, and other professional practices they need to be successful in the classroom and perform at the accomplished level. Nothing in this subdivision prohibits a school or school system that was granted an exception or waiver from section two-c, article three of this chapter prior to the effective date of this section from continuing implementation of the program in accordance with the exception or waiver;
     (2) The manner in which the county in cooperation with the teacher preparation programs in this state will provide strong school-based support and assistance necessary to make student teaching a productive learning experience;
     (3) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school-site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
     (4) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county's schools indicates an area or areas of needed improvement;
     (5) If a county uses master teachers, mentors, academic coaches or any other approaches using individual employees to provide support, supervision or other professional development or training to other employees for the purpose of improving their professional practice, the manner in which the county will select each of these individual employees based on demonstrated superior performance and competence as well as the manner in which the county will coordinate support for these employees;
     (6) The manner in which the county will use local resources available including, but not limited to, funds for professional development and academic coaches, to focus on the priority professional development goals of this section;
     (7) The manner in which the county will adjust its scheduling, use of substitutes, collaborative planning time, calendar or other measures as may be necessary to provide sufficient time for professional personnel to accomplish the goals of this section as set forth in the county's plan; and
     (8) The manner in which the county will monitor and evaluate the effectiveness of implementation and outcomes of the county system of support for improving professional practice.
     (d) Effective the school year beginning July 1, 2013, and thereafter, appropriations for beginning teacher mentors and any new appropriation which may be made for the purposes of this section shall be expended by county boards only to accomplish the activities as set forth in their county plan pursuant to this section. Effective the school year beginning July 1, 2013, and thereafter, no specific level of compensation is guaranteed for any employee service or employment as a mentor and such service or employment is not subject to the provisions of this code governing extra duty contracts.
     (e) The Legislative Oversight Commission on Education Accountability shall review the progress of the implementation of this article and may make any recommendations it considers necessary to the Legislature during the 2013 Regular Legislative Session."        
     On motion of Delegate Boggs, the House refused to concur and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
     Com. Sub. for S. B. 100, Relating to fees collected by circuit court clerks.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 56 - "Requesting the Division of Highways to name the new bridge on County Route 65/5, going out of Delbarton, in Mingo County, that will replace the existing bridge, bridge number 30-65/5-0.24, that crosses Rockhouse Creek, the 'James A. Bowers, Sr., Memorial Bridge'."
     Whereas, James A. Bowers, Sr. lived in Mingo County; and
     Whereas, James A. Bowers, Sr. was in the United States Army and was stationed at Pearl Harbor on December 7, 1941 and was honorably discharged; and
     Whereas, James A. Bowers, Sr. was a boy scout leader and a member of the United Mine Workers of America; and
     Whereas, James A. Bowers, Sr.'s service to his community, state and nation should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the new bridge on County Route 65/5, going out of Delbarton, in Mingo County, that will replace the existing bridge, bridge number 30-65/5-0.24, that crosses Rockhouse Creek, the "James A. Bowers, Sr., Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed two signs, one on either end of the new bridge, that identify the bridge, in bold and prominent lettering, as the "James A. Bowers, Sr., Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and James A. Bowers' daughter, Connie Bowers Chambers, and her husband, Jack Chambers.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
     H. C. R. 88 The "1st Lt. Therrel Shane Childers Memorial Bridge".
     H.C. R. 89, The "PFC Rodney Kent Ranson Memorial Bridge",
     And,
     H. C. R. 94, The "Hunnicutt Family Highway".
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Manchin and Moore.
     At 6:43 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 6, 2012.

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