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Education omnibus bill passes senate’s Committee of the Whole

CHARLESTON – The Committee of the Whole of the West Virginia Senate Thursday quickly passed a sweeping education reform package with no amendments offered from Senate Democrats, no discussion and with two Republicans breaking ranks.

Senate Bill 451, the education omnibus bill, passed the committee 18-16 with Sens. Kenny Mann, R-Monroe, and Bill Hamilton, R-Upshur, voting against it. Senators suspended the rules to move the bill on first reading. It will be up for second reading today and third and final reading on Monday.

Mann, the former chairman of the Senate Education Committee until being removed in December, said he was going to be a no vote in the Senate Finance Committee along with Hamilton, which would have been enough nay votes to kill the bill. Mann said he can’t vote for the bill in its current form, but is hopeful amendments could improve it.

“I think there is a lot of good in the bill, but I think there are things that need to be tweaked,” Mann said. “I’m going to listen to the amendments. Myself, I have no amendments at this time. I just want to see how this thing goes. It still has a long process. Maybe it gets better with time.”

SB 451 includes a 5 percent pay raise for teachers and school service personnel, additional pay for math teachers and greater flexibility for counties to increase pay for high-need teachers of certain subjects. It includes $25 million for hiring more counselors and psychologists and gives them greater flexibility.

The bill eliminates limits on school counselors’ time and states they are responsible for direct counseling to students for academic, social and emotional needs. It also modifies the definition of professional student support personnel to include social workers and psychologists.

The bill frees up $25 million to hire more support personnel.

“There are many salutary pieces in the components of this bill,” Sen. Charles Trump, R-Morgan said. “I’ll be supporting it. I think it provides a lot of opportunities for reform of public education in West Virginia.”

Trump was most excited about provisions in the bill that give counties more funding. It would fund counties as if they have a minimum student population of 1,400, including smaller counties with populations less than 1,400. It would cap the school aid formula at 2015-2016 levels and allow county boards of education to raise levy rates.

“We’re finally moving in the right direction,” Trump said. “For too long, the state has been pushing the financial burden and responsibility of public education out to the counties. This Legislature has done that consistently over the last 40 years. This bill will reverse that trend. We’re going to see enhanced investment in public education and I think it’s all going to be for the benefit of the students and children of West Virginia.”

The provisions of SB 451 getting the most push back are provisions creating a public charter school program, education savings accounts that would allow parents to use their state per-pupil expenditures for private or home schooling and a clause that would render the entire bill invalid if any portion of the bill is deemed invalid.

Senate Democrats, led by Senate Minority Leader Roman Prezioso, D-Marion, chose not to offer any discussion or amendments Thursday.

“The board is stuck on 18-16 no matter what we do,” Prezioso said. “Why go through the agony of doing it here, then going to the floor and doing it again?”

“We don’t want our DNA in any of this stuff,” Sen. Ron Stollings, D-Boone, said.

“I think during the discussion phase and the interaction that we’ve had with all the advocates, it’s clear what the outcome of this bill is going to be,” Prezioso said. “The vote is not going to be changed. They’re locked in. It’s a dictatorship. We have to use whatever means we have to rally our constituents and try to change (the Republican’s) minds. We need the time to do that.”

“I was surprised they didn’t offer amendments today in committee,” Trump said. “I don’t know if that is a strategic decision or maybe they want to wait when it comes to second reading on the floor. Either way, I welcome the amendments by all members of the Senate for ways the members might think this bill would be approved. I welcome the debate and discussion. I think that is a very important process.”

Other provisions of the bill include a $250 tax credit for the education expenses of teachers, gives teachers $500 for every 10 days of banked sick days, open enrollment and inter-county students transfers, at-will employments for county school office staff, docking of teacher pay, canceling extracurricular activities during a work stoppage, leaves student promotion decisions up to teachers, updates school attendance laws, and provides incentives for teachers to teach in rural counties.

“There are so many things in this bill that are good,” Trump said. “I think they’re all good for public education.”

“We just want democracy to work,” Prezioso said. “The way it is now, the leadership of this Senate has presented a bill and shoved it down our throats.”

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