County Boards

County Boards

County boards would be required to report assaults, batteries and other such incidents occurring on school property during school hours; other provisions

House Bill 2031. The purpose of this proposed legislation is to require reportage concerning assaults, batteries and other incidents on school property, during school hours or during school activities.

According to the Bill Note, the purpose is to “improve security at state schools” by allowing the “county schools and juvenile probation officers to track and curb incidents of disruptive behavior of students.”

Reportage would be made to the “appropriate local juvenile authority.”

The proposed legislation includes an extensive definitions section.

These are among definitions:

1. Incident" means any act of physical violence, with or without a weapon, assault, act of intimidation or battery:
   1. On school property;
   2. During school activities, on or off school property; or
   3. At any other times when such incident can be reasonably related to school functions…”
2. Report would be defined as “a written narrative report of an incident, the number and names and addresses of persons involved, and the names, addresses and phone numbers of their parents, in the incident, the type of any weapon involved and a description of any injury or damage resulting from the incident. The report shall also contain the names and addresses of all persons known to be present at the time of said incident and the action, if any, taken by the school.”

According a central bill section, the legislation is intended to “require principals, teachers and other school employees of public middle, junior and senior high schools to make reports of disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to the school or school functions.”

Principals would be required to file a report within 48 hours of any “incident of which they have knowledge.” This report would be filed with the county superintendent and “juvenile probation authority.”

The measure would require “teachers and other school employees (to) immediately report to the principal any incident of which they have knowledge. The teacher and employee shall assist the principal in the preparation of the report (as referenced above).

There are three House sponsors, including lead sponsor Del. John R. Frazier, D-Mercer. Introduced Jan. 12. Referred to House Education then House Judiciary.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2031 intr.htm&yr=2011&sesstype=RS&i=2031

Legislation would increase board member compensation to $396 per meeting

House Bill 2078. Proposed revisions to §18-5-4 would set county board member pay at $396 per meeting. (The current amount is $160 per meeting).

Sponsored by Del. Daniel J. Hall, D-Wyoming. Introduced Jan. 12. Referred to House Education then House Finance.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2078 intr.htm&yr=2011&sesstype=RS&i=2078

County boards would be able to study feasibility of transporting students through agreements with local public or regional transit authorities

House Bill 2211. Proposed revisions to §18-5-13 would authorize county boards to “study and determine the appropriateness and cost- effectiveness to enter into a cooperative agreement with a local public or regional transit authority to transport school-age children to and from school.

“Prior to entering into a cooperative agreement, the county board must submit the proposed cooperative agreement to the Department of Transportation for review and approval.

“The Department of Transportation may not approve any proposal for a cooperative agreement that does not comply with minimum federal safety standards for transportation of school-age children. In the event of approval and implementation of a cooperative agreement as described herein, the county board shall submit an annual written report to the West Virginia Legislature's Joint Committee on Government and Finance detailing the costs and benefits of the agreement.

“The Secretary of the Department of Transportation shall propose legislative rules…to be used in assessing whether cooperative agreements proposed by a county board should be approved.”

Sponsored by Del. Ron Walters, R-Kanawha. Introduced Jan. 12. Referred to House Education then House Finance.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2211 intr.htm&yr=2011&sesstype=RS&i=2211

County boards classified as “low density” counties could operate on four-day work week

House Bill 2217. The purpose of this legislation, which would amend §18-5-45, would allow county boards “located in low density counties (as defined in statute to) operate their schools on the basis of a four-day school week so long as the four-day school week meets the hourly equivalent of the minimum instructional day requirements (established in law).”

Sponsored by Del. Walters. Introduced Jan. 12. Referred to House Education.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2217 intr.htm&yr=2011&sesstype=RS&i=2217

County board members could not act in an “individual capacity”

House Bill 2118. Under terms of this legislation, which would amend §18-5-4 and §18-5-5, county board members “(having) a direct personal or pecuniary interest (in a matter coming before the board)…shall announce this fact and request to be excused from voting. The member may be excused from voting if in the opinion of the presiding chair the disqualifying interest affects the member directly and not as one of a class.”

Additionally, the measure would prohibit “…a member of a county board of education acting in an individual capacity separate from the setting of a county board of education convened for the transaction of business may not make obligations on behalf of the board, commit the board's funds, utilize the board's property, employees or services without prior knowledge and consent of the board, administer the school system, hire board employees, supervise or evaluate the board's employees or students, disregard the policies of the board or rules of its schools or attempt to exercise any other authority relating to the county schools or school board outside the scope of authority expressly provided by statute.”

County board members who would be convicted of violating these provisions of law could be removed from office for “malfeasance.”

Sponsored by Del. David Perry, D-Fayette. Introduced Jan. 12. Referred to House Education then House Finance.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2011&sessiontype=RS

Bill seeks to consolidate county board purchasing

House Bill 2220. This proposed legislation, which would amend §18-5-13, allow county boards to make all “purchases” through Regional Education Service Agencies (RESAs) in order to “(provide) economies of scale and (reduce) costs…”

Sponsored by Del. Walters. Introduced Jan. 12. Referred to House Education then House Finance. Fiscal Note.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2220 intr.htm&yr=2011&sesstype=RS&i=2220

County boards would be required to employ certified media specialists

House Bill 2356. Proposed revisions to §18-5-20 would require county boards to employ a certified library media specialist in “each school.”

The certified library media specialists would be required to meet “professional standards” and salary “standards” developed by the state Board of Education.

There are six House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Jan. 12. Referred to House Education then House Finance. Fiscal Note.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2356 intr.htm&yr=2011&sesstype=RS&i=2356

County boards would be “authorized and encouraged” to share central office administrative services

House Bill 2257. Proposed revisions to §18A-4-8d would authorize and encourage county boards to share services of central office administrative personnel and to obtain these services from Regional Education Service Agencies (RESAs).

The bill states that “before posting notice of an opening in any regular full- time or regular part-time central office administrator position of employment other than county superintendent, the county board shall determine the feasibility of obtaining the needed administrative services from the county board's regional education service agency and of sharing the services of administrators with the county boards of contiguous counties.

“The determination shall be in writing and contain supporting reasons.”

Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Jan. 12. Referred to House Education.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2257 intr.htm&yr=2011&sesstype=RS&i=2257

Proposed Ethics Commission revisions would affect county board members and county superintendents

House Bill 2464. This bill would make several proposed revisions in the state’s Ethics Act as relating to public officials covered by the statute(s).

The italicized language contains proposed statutory revisions:

1. The Ethics Commission would be required to “publish on the internet all financial disclosure statements filed by any other person required to file such financial disclosure statements, as resources are available to permit the ethics commission to make such publication on the internet.”
2. The name, residential and business addresses of the person filing the statement, his or her spouse of the person filing the statement, and all names under which the person or the person's spouse, or both, do business. For purposes of this section, the word "spouse" means any individual who is legally married to and cohabits with the person filing the statement.
   1. For each position of employment held by the person filing the statements and the person's spouse:
      1. The name of the employer;
      2. The address of the employer;
      3. The job title; and
      4. A general description of job duties.
   2. The name and address of each business in which the person filing the statement or that person's spouse has or had in the last year an interest of at least $10,000 at fair market value.
      1. For the purposes of this subsection, business interests include, but are not limited to, an interest in:
         1. Nonpublicly owned businesses;
         2. Publicly or privately traded stocks, bonds or securities, including those held in self-directed retirement accounts; and
         3. Commercial real estate.
      2. For the purposes of this subsection, business interests do not include mutual funds, specific holdings in mutual funds or retirement accounts.
   3. The name, address, and brief description of a nonprofit organization in which the individual or spouse is a director or officer.
   4. The identification, by category, of every source of income over $1,000, including distributions from retirement accounts received during the preceding calendar year, in his or her own name or by any other person for his or her use or benefit, by the person filing the statement, or that person's spouse, and a brief description of the nature of the income producing activities for which the income was received. This subdivision does not require a person filing the statement who derives income from a business, profession or occupation, or who's spouse derives income from a business, profession or occupation, to disclose the individual sources and items of income that constitute the gross income of that business, profession or occupation.
3. (11) The name of each for-profit business of which the person filing the statement, or that person's spouse, serves as a member of the board of directors or an officer, as well as a general description of the type of business.
   (12) The name, primary residential and business address of any dependent who is (18) years or older.

There are other proposed revisions including sections that prohibit any “member of the legislature, constitutional officer, secretary of a department, commissioner, deputy commissioner, assistant commissioner, director, deputy director, assistant director, department head, or assistant department head may, during or up to one year after the termination of his or her public employment or service, be allowed to register as a lobbyist.

“No will and pleasure professional employee of a constitutional officer who personally and substantially participates in a decision-making, advisory or staff support capacity under the direct supervision of the constitutional officer may be allowed to register as a lobbyist for one year after the termination of his or her public employment.”

There are 11 House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Jan. 13. Referred to House Judiciary.

Note: The House Judiciary Committee Substitute is on House First Reading Jan. 17, 2011.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

The Subcommittee Reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2464 SUB.htm&yr=2011&sesstype=RS&i=2464

Legislation relates to public library funding; Special Acts pertaining to 11 county boards’ library support would remain in effect

House Bill 2491. Proposed revisions to §10-1-2 would require county commissions, county boards and municipalities in county seats in which a public library is situated to levy taxes in order to “provide for the support, maintenance and operation of a public library hereby created, and any and all branches thereof, located in the county seat of the county in which it is established or created, or to support any county seat public library already established.”

The tax-levying would have to be initiated upon “written request by the board of directors of the public library…”

The legislation would establish the tax levying rates for each such governmental entity with proceeds from these dollars to be allocated for the “exclusive use of the public libraries, any branches thereof, and any other public libraries within the county that the county seat public library makes a legal agreement with concerning distribution and disbursement of these funds, and shall be disbursed only upon order of the respective board of trustees.”

Another bill provisions states that “in addition to the aforesaid amounts which, upon written request by said board, the governing authorities may support the public library with any other general or special revenues or excess levies. All income realized by the operation of the public library from any sources other than the above levies shall be used by the board of directors for support of the public library.”

Under terms of the legislation, it would appear county boards would be required to continue to support public libraries under terms of Special Acts of the Legislature.

Those Special Acts affect the Berkeley, Cabell, Hardy, Harrison, Kanawha, Lincoln, Ohio, Raleigh, Tyler, Upshur, and Wood County Boards of Education.

There are four House sponsors, including lead sponsor Del. Iaquinta. Introduced Jan. 14. Referred to House Political Subdivisions then House Finance. Fiscal Note.

Note: Similar proposals have been introduced or considered in previous legislative sessions or session.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2491 intr.htm&yr=2011&sesstype=RS&i=2491