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House of Delegates Passes Omnibus Bill

CHARLESTON — The West Virginia House of Delegates, taking a page from the state Senate’s playbook, passed their own massive bill Wednesday aimed at multiple education reforms, including creating the state’s first public charter school system.

House Bill 206, coming in at 144 pages, passed the House 51-47 after being amended Wednesday. The bill is the House’s answer to Senate Bill 1039, the 142-page Student Success Act, which passed that Senate June 3.

HB 206 includes several of the items in the Student Success Act that have wide support. These include a 5 percent pay raise for teachers and school service personnel, $24 million for increased mental health services in schools, and provisions to increase more funding for county school systems and give them more flexibility from state rules and regulations.

Just like the previous Senate bill, HB 206 increases pay for math teachers and frees counties to pay more to fill high-need teaching positions. It expands the West Virginia National Guard Mountaineer ChalleNGe Academy, creates a project for digital literacy, allows for open enrollment between counties, calls for a study of class size and school overcrowding, tightens school attendance regulations, and scholarships for teachers in math and special needs as long as they work in the state for two years.

Provisions in the originals Senate bill to discourage work stoppages and strikes were removed in the House omnibus bill. It also incentivizes teachers to with a bonus for using less than four days of leave and gives them a $200 increase for teachers and librarians for classroom supplies.

Even with several pro-teacher provisions in the bill, educators remain united against the bill due to provisions changing reduction in force decisions currently based solely on seniority and the inclusion of a public charter school program. Charters would allow parents to team up with non-profit organizations to apply to start a school free from various education rules and regulations.

During the Wednesday floor session, delegates considered 22 amendments to HB 206 and adopted 15 of those amendments.

An amendment from House Majority Whip Paul Espinosa, R-Jefferson, changed the 10-school charter cap in the House bill to a limit of three charter schools by 2023 and three more every three years after that. Espinosa said the amendment was a compromise between the House, the state Senate, and Gov. Jim Justice.

“This proposed amendment was drafted in consultation with our Senate colleagues as well as the Governor’s Office,” Espinosa said. “(Justice) certainly made it very clear he wanted a more gradual, measured approach to the possible authorization of local school boards of charter schools. I think this proposal…does just that.”

House Democrats, generally opposed to any charter school provision, called the amendment a ruse that could allow potentially unlimited charter schools.

“I believe this amendment to be a smokescreen,” said Del. John Doyle, D-Jefferson. “If we were to allow charter schools, there probably wouldn’t be more than three or four in years. If we have a limit of 10, that sets a limit of 10. This sets, it sounds like to me, an unlimited number. An amendment that seeks to assuage the governor who has said he doesn’t want charter schools is actually giving his excellency more charter schools.”

“I just have a problem with unchecked growth of parasitic infestations,” said Del. Cody Thompson, D-Randolph.

Wednesday morning, the House held a public hearing on HB 206. The two-hour public hearing, mostly made up of teachers and activists opposed to charter schools and changes to teacher hiring and firing procedures in the bill, had a handful of people supportive of increased school choice options.

“I don’t care about posters and slogans and chants. I care about my son’s success in life” said Doug Douglas. “I think I’m part of the silent majority in this state that wants to see some initiatives taken and some progressive education reform. If you all think the status quo is fine, then just throw more money at the problem. … If you think a change is needed, then you need to make some changes here.”

Teachers have been adamant in their opposition to charter schools, including walking out of their schools for two days in February to make their feelings known on a bill that died during the 2019 regular session that would have created a public charter school pilot.

“Charter schools do not improve student outcomes,” said Jenny Craig, president of the Ohio County Education Association and a special education teacher. “The people of West Virginia have spoken. The halls of the People’s House is once again filled with teachers and services personnel with such a commitment for our students that we’re willing to give up a much-needed pay raise.”

The House also passed nine other bills all dealing with different aspects of education reform. These bills include House bills 161, 162 and 163, that would remove outdated, redundant, and expired education rules and regulations. House Bill 158 would provide for student accountability for the results of the statewide comprehensive assessment program. House Bill 174 would help expand innovation zones – public schools that are free from certain education rules and regulations. House Bill 192 would eliminate certain fees for teaching certifications.

The House also passed 11 supplemental appropriations Wednesday. All 21 bills will now go to the state Senate which will return to resume the special session at a later date.

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