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Delegates Wade Through Amendments on Reform

House spends almost 12 hours on education omnibus bill

Photo by Steven Allen Adams

CHARLESTON — The West Virginia House of Delegates spent all day and into the night Wednesday debating amendments to the state Senate’s proposal for education reform.

The house considered 31 amendments to the House Education Committee’s strike-and-insert amendment to Senate Bill 451, the education omnibus bill. Debate started shortly after noon Wednesday and ended after around 10:30 p.m. Out of the 31 amendments, the house adopted 12.

The bill was on its second reading after being changed from the Senate version Friday by the House Education Committee and after a failed attempt Monday by the House Finance Committee to put back into the bill items removed by education committee members.

“We spent quite a lot of time on this amendment,” said House Education Committee Chairman Danny Hamrick, R-Harrison. “We spent three long days of questions in the education committee, a couple of days in the finance committee, and almost 12 hours here on the floor today discussing the strike-and-insert amendment. At this point, I think we have the definition of letting something go through the process.”

The strike-and-insert amendment made several changes to SB 451 since leaving the bill left Senate last week. It removed provisions creating education savings accounts and limited public charter schools to a two-school pilot for existing low-performing elementary schools.

Several amendments Wednesday attempted to expand the charter school pilot project from two converted elementary schools to a statewide expansion. An amendment from House Majority Whip Paul Espinosa, R-Jefferson, expanded the pilot project back to five schools, as well as the West Virginia Schools for the Deaf and the Blind, if they chose to participate. as was in the failed finance committee strike-and insert.

“Rather than make it very restrictive as it came out of the House Education Committee…everything in this empowers our school districts,” Espinosa said. “Why should West Virginia’s parents, students, and communities not have the same options that 44 other states and the District of Columbia have to offer their students?”

Espinosa’s charter school amendment failed 40-59 with 18 Republicans voting against the amendment.

Espinosa’s amendment differed slightly from the finance committee’s proposal. It would have allowed non-profits made up of mostly parents and community members to apply to a county school board to start a public charter school, which would have final say to approve or reject a charter application.

It would also allow the conversion of an existing public school into a charter school if of a majority of parents, teachers, and school staff sign a petition. Counties could also choose to allow the West Virginia Charter School Commission to review applications for charters if the county needs help with fielding applications.

“The results are better for every student,” said Del. Jim Butler, R-Mason. “Let’s do something to improve education. That’s what this is about.”

House Democrats spoke out against the attempt to expand charter schools, raising concerns that the schools would leave behind low-income and low-performing students and favor cities over rural areas.

“In my mind, a pilot program would really be one,” said Del. John Doyle, D-Jefferson. “I think it’s OK that the education committee upon which I sit stretched that definition to two. … I think any more than that, it’s not a pilot.”

“I’m really concerned that in this West Virginia that has underfunded and underperformed for a lot of reasons – including our systemic poverty and our lack of education in this state – that these schools would take precious funds away from public schools that we already have in our state,” said Del. Lisa Zukoff, D-Marshall.

Another amendment brought by several delegates would restore education savings accounts to the bill. Parents with special needs students or students who suffer from bullying would be able to apply for one of 2,500 first-come-first-serve ESAs.

An equivalent amount of 75 percent of the per-pupil state expenditure for a parent’s child would deposit annually on a debit card for purchases from approved vendors. Parents could use the funds for educational expenses, such as private school, home school, tutoring, text books or even computer equipment.

“This is a freedom bill for families,” said Del. Tom Bibby, R-Berkeley, one of the co-sponsors of the amendment. “What are our priorities here, people? We’re giving more West Virginia families an opportunity to take control of their student’s education.”

“What are we saying if we deny people another option if their child is not succeeding in school,” asked Del. Terry Waxman, R-Harrison. “Nobody is forcing anybody to take these. This is a freedom option for people who need another option for their children.”

Democrats spoke out against the ESA amendment, which failed 37-62 with 21 Republicans voting against education savings accounts.

“This does not treat these students equally at all,” said Del. Larry Rowe, D-Kanawha. “I don’t think we’re doing any favors for a student who would be getting this account. … I think this is a really bad amendment.”

Other amendments approved to the House Education Committee strike-and-insert amendment Wednesday include returning more local share monies back to the counties and require votes to raise regular levy rates be held during general elections. Another amendment increased the end-of-year bonus for teachers and staff who are absent less than four days from $500 to $1,000.

One amendment would put a law enforcement officer in every school, with county school systems being able to draw down federal grants before spending any state money, which could cost approximately $40 million. Another adds music education to the list of degrees a teaching student could pursue under the Underwood-Smith Teacher Scholarship program.

The full bill will be on third reading and up for passage this morning before being sent back to the Senate for them to concur, amend, or reject the house’s changes to SB 451. If the Senate rejects the changes, the two bodies will appoint members to a conference committee to hammer out differences.

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