Week 4 Legislative Updates (Jan. 27-Feb 2)

Week four of the legislative session saw an increased focus on education with a sea of blue and gold for “West Virginia University Day” on Tuesday, and a green wave for “Marshall University Day” on Thursday. The Education Alliance is tracking 200 education-related bills. Several bills received substantial media attention and we’ve included links to those stories.

House Education

• HB 4776 - Adding elementary schools into school disciplinary measures (as amended during the 2023 Regular Session). The bill provides guidance on when a teacher may remove a student in grades pre-k through 5 under certain circumstances. Exceptions may be made when a student's behavior is characteristic of his or her diagnosis and is addressed in that student's IEP plan or 504 plan. It passed the House and moved to the Senate. However, Senate leaders have expressed concern and are working on a Senate version of the bill. To read more, click here.
• HB 4814 - Extending the reporting and sunset dates of the State Advisory Council on Postsecondary Attainment Goals. The House Education Chair, Delegate Joe Ellington, is the lead sponsor. This college and career pathways bill aligns with the Education Alliance's priority to sustain a focus on workforce needs. The bill would extend the sunset date of the State Advisory Council on Postsecondary Attainment Goals to December 31, 2027. It passed the House and heads to the Senate.
• HB 4838 - Employment of substitute teachers; and employment of retired teachers as substitutes in areas of critical need and shortage. The purpose of this bill is to require county boards of education to inform persons, who are employed as a long-term substitute teachers, about completing IEP and 504 plans. The bill passed the House and was communicated to the Senate and resides in Senate Education. To read more, click here.
• HB 4305 - Granting in-state resident status to economic development participants. This allows for the children of company employees relocating in WV to receive in-state tuition at our colleges and universities. The motion to report HB 4305 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.
• HB 4882 - Extending in-state tuition rates to all members and veterans of the National Guard, reserves, and armed forces as well as their spouses and dependents. The motion to report HB 4882 to the floor with the recommendation it do pass but first be referred to the committee on Finance was adopted.
• HB 4945 - Specific changes in the Hope Scholarship Program. This bill including changes that the annual Hope Scholarship Program appropriation calculation will be based on the estimated number of participating students instead of the number of participating students in the prior year; and clarifying that providers may not assess increased or additional fees against Hope Scholarship students based on participation in the program. This bill was introduced in the House, with due pass sent to House Finance.
• HB 5262 - Creation of a Teachers Bill of Rights. The bill defines the duties of counselors. The bill defines data to be provided. The bill defines the special education student to instructor ratio, a waiver process, and compensation given to a teacher when the ratio is exceeded. The bill provides for supplemental duty calendar provisions. The bill prohibits sanctions in certain instances. The bill provides resources, including liability insurance, for classroom teachers. The bill provides for teacher quality assistance. Finally, the bill clarifies the process for the removal of students. This bill was introduced in House Education.
• HB 5289 - Implementation of Plasma Games in West Virginia public schools. The purpose of this bill is to establish a partnership between Workforce West Virginia through its Division of Workforce Development and the West Virginia Board of Education for the implementation of the Plasma Games teaching program in high schools and technical schools in the state, establishing an implementation plan and reporting. The bill was filed for introduction in House Education then Finance. It currently resides in Education.

Senate Education

• SB 466 - Development of safety while accessing technology education programs. During the Senate’s floor session, the Committee Substitute for SB 466, requiring state board of education develop SB 466Safety While Accessing Technology (SWAT) education program was on first reading and advances to second reading. This bill will require the WVDE to work with other agencies to development safety programs and instruction for elementary and secondary students regarding all forms of technology.
• SB 507 - Repeal of WV EDGE. The dual enrollment bill from last year (HB 2005) did away with the need for the program. The motion to report SB 507 to the floor with the recommendation it do pass was adopted.
• SB 546 - Updating STEM scholarship program. The bill cleans up outdated language and makes the scholarships available to students attending charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature. The motion to report SB 546 to the floor with the recommendation it do pass was adopted.

Senate School Choice Committee

• SB 598 - Relating generally to Hope Scholarship Program. The bill authorizes microschools and learning pods to issue secondary school diplomas. It provides that the Hope Scholarship appropriation calculation will be based on the estimated number of Hope Scholarship applications for the fiscal year rather than the actual number of applications from the prior year. It also allows charter schools to charge Hope Scholarship students for classes that students enroll in at the charter school. Read more here.