From the Well | April 20, 2023

It is the informal gathering place for lobbyists, reporters, constituents and lawmakers.

Centrally situated between the chambers of the House of Delegates and Senate,

The Well is where information is often shared, alliances are formed, and deals are made.

86th West Virginia Legislature

April Interim Meetings

April 20, 2023

The West Virginia Press Association reported that House Bill 3153, which died during the most recent legislative session, was a primary topic of discussion during the April 18 meeting of the Legislature’s Joint Committee on Volunteer Fire Departments and Emergency Medical Services.

Several committee members expressed support for the legislation.

Committee Counsel Phillip Childs explained the bill.

“The main purpose of this bill is to clear up some code conflicts,” Mr. Childs said. “The other part is it increases a surcharge that is currently on all casualty insurance policies of 0.55%, to 1%. That 0.45% increase, half of it would go to the Fire Protection Fund, and half would go to the EMS Fund.”

Click here to read more about the Committee meeting.

Dr. Jeffrey Coben, acting director of the Department of Health and Human Resources (DHHR), said this week he could not yet go into detail with lawmakers about initial plans to divide the agency because that meeting with the governor is next week.

“I have not yet had the requisite meetings with the Governor’s Office to discuss that plan in depth and to really provide their input to help craft the plan,” Dr. Coben told members of the Oversight Commission on Health and Human Resources Accountability

“Those meetings will be in depth,” Dr. Coben said. “They will be our initial meetings. Some decisions, I hope, will be made during that time. We may need to have subsequent meetings following those meetings next week to really finalize the plans as to the governor’s thoughts moving forward.”

The three agencies under the new structure would be the Department of Health, Department of Human Services, and Department of Health Facilities.

Click here to read more from WVMetroNews.

That number has increased by 111 since January, but the state Department of Health and Human Resorces hired 29 CPS workers in the same period through targeted recruitment, job fairs, and hiring incentives.

Governor Jim Justice acknowledged the gap during a recent administrative briefing but called the hiring initiative a significant improvement.

“We welcome the new hires, and we’d tell you just this: If you want a life of great honor, and great feelings of accomplishment, and a feeling of really doing something wonderful and getting paid, you know at a good wage and everything, please contact the folks at DHHR,” Governor Justice said.

According to the Dashboard, the department is now 71% staffed.

Click here to read more from West Virginia Public Broadcasting.

Presentations centered around employee recruitment efforts, retention, and vacancy rates in the Division of Corrections and Rehabilitation.

Commissioner William Marshall said there are 1,022 vacancies division-wide, or 27%, with 729 of those, or 32%, being correction officer positions. He added that the facilities continue to have maintenance needs, and the agency would welcome a special session of the Legislature to discuss funding for pay increases and other needs.

Commissioner Marshall discussed initiatives the Division is working on, including working with the Division of Personnel because it has found an online test has been a roadblock for applicants. Commissioner Marshall described the work to improve the website, recruitment, and social media presence.

The Commissioner also said the agency has changed the training academy to allow shadowing at facilities, online courses, and less training time away from home at the academy.

Commissioner Marshall stated there are currently over 10,000 prisoners in prisons and jails, which is about 300 over capacity.

For juveniles, the agency just added the 20th youth reporting center. The centers provide alternative schooling and currently serve 406 juveniles. There are 76 juveniles in after-care, which is similar to adult probation.

Senator Jack David Woodrum of Summers County had several questions about juvenile facilities, including the difference in policies for juveniles. Commissioner Marshall responded that the juvenile facilities have very different programs, and those have been enhanced.

Senator Charles Clements of Wetzel County said he drives by a jail often that has a sign outside about careers in corrections. Commissioner Marshall assured him that if someone saw that sign and went into that facility to ask about a job, the staff would provide help with the application process. He added that eight facilities are at least 40% understaffed.

Upon hearing from Commissioner Marshall that there are currently 334 National Guard members helping out in facilities, Delegate Joey Garcia of Marion County asked whether more money was being spent on the National Guard than a pay increase would cost. Marshall answered, “Yes.”

Committee Chair David Kelly of Tyler County said he believes two things were unsustainable: the presence of the National Guard and corrections officers working 60 to 80 hours a week. Commissioner Marshall agreed.

“I’m hoping we can see a special session,” said Delegate Kelly.

Senate Counsel Carl Fletcher explained HB 3552, relating to per-diem jail costs. It passed during the session. Mr. Fletcher said the bill initially was intended to provide that municipalities were to share some of the costs of incarceration.

The final bill that passed limits a municipality’s reimbursement to one day if the county and municipality have an agreement or memorandum of understanding. That applies only to Class 1 or Class 2 municipalities and Class 3 municipalities with a population of more than 4,000. Agreements that pre-date the bill would not be affected.

Mr. Fletcher said the overall intent of the per-diem formula in the bill is to reduce incarcerations and reduce the fiscal burden on counties. Essentially, it provides a 20% discount if a county stays below 80% of its pro-rata share of inmate population. The per diem would then be $43.58 per inmate.

He described the legislation as two partial solutions, one to reduce the cost burden and one to reduce overcrowding.

“It’s not a total solution,” Mr. Fletcher said.

If a county is above 100% of its pro-rata share, there would be a 20% penalty, resulting in a per-diem rate of $65.38 per inmate. Counsel stated, “We have counties below 80% and some who will pay the 20% penalty.”

Senator Mike Azinger of Wood County asked, “Does this bill incentivize putting people out on the street? Will more people be released that need to be in jail.”

Counsel Fletcher responded that a working group formed last year found that counties are doing innovative programs, such as day report centers, drug treatment programs, and active monitoring by prosecutors.

“These types of things are the intent,” he said.

“I’m going to stand rock solid with what I’ve told you before,” Governor Justice said during a briefing, going on to describe previous appeals by the administration to address Corrections staffing.

Of those earlier instances, Governor Justice said, “We got shot down. I’ve said over and over and over, I can’t call a special session and create just a food fight for the sake of calling a special session. I’ve got to have assurance that we’re not going to waste the taxpayers’ dollars, that we’re going to bring the folks back in and get something done. And I’m still waiting. I’m still waiting on my end.”

Click here to read more from WVMetroNews.

She said other laws and state Board of Education policies address Local School Improvement Councils (LSICs), school bus operators, advanced placement and training, and professional development for some special-needs students.

Committee members expressed concerns that mandated training detracts from student learning time. Ms. Blatt said some county boards try “front-ending” training prior to the start of the school year for students, adding that trainings could be streamlined or presented in other formats, including virtual-delivery platforms or by eliminating annual trainings on the same subjects.

Ms. Blatt said state Department of Education officials are reviewing professional development requirements to examine “what is truly needed and varying modes of delivery,” although she said some trainings are critical, such as those dealing with suicide prevention.

Delegate D. Rolland Jennings of Preston County seemed to sum up the thinking of some legislators, saying, “If you try to do everything, nothing is accomplished.”

Delegate Dana Ferrell of Kanawha County estimated professional development amounts to 45 hours each school year, prompting another legislator to conclude some professional development is designed to “cover our butts.”

Delegate Heather Tully of Nicholas County said CPR training could be incorporated into other curricular offerings, while Delegate Laura Kimble of Harrison County wondered whether more could be done to train LSICs, which she said would bolster the effectiveness of para-school groups of parents and educators.

Ms. Blatt said WVDE staff would review current LSIC training opportunities.

Committee receives CTE overview

Adam Canter, West Virginia Department of Education Director of Career Technical Education (CTE), provided a review of the state’s CTE programs.

According to Mr. Canter, 50,000 students are enrolled in some CTE programming that is offered at 121 high schools, 22 career/technical centers, seven multicounty technical centers, and the Schools for the Deaf and Blind.

He said programming includes pathways to careers, such as nursing, arranged in coordination with the state’s higher education system, pre-engineering classes, and more traditional vocational offerings.

The success of West Virginia CTE efforts, according to Mr. Canter, is an emphasis on immersion in business and on-the-job settings, which are often undergirded through business participation and support with emphasis on a “classroom-to-career” approach.

Mr. Canter said the WVDE is seeking to engage middle-school students.

The final two presentations dealt with technology applications for educating students.

Hunter Moore, Chief Executive Officer of Plasma Games, provided an overview of his company’s efforts to use games — not “gamification” — to aid students learning in sciences, especially chemistry, honed through principles of online game platforms.

He said the company’s approach is a means to engage students who ask the age-old question, “Why do I have to learn this?”

Mr. Moore said Plasma’s “3-D game-based approach” centers on interactivity with curricular subjects, allowing students to progress to varying knowledge levels about chemistry while also reinforcing lucrative employment opportunities.

Mr. Moore stressed the approach helps train and develop state workforce capacity.

Sheila C. Boyington, President/CEO of Learning Blade, made a second presentation focusing on science, technology, engineering, and mathematics (STEM), saying many adults didn’t pursue STEM courses in public schools because of a lack of awareness of curricular content.

According to Ms. Boyington, Learning Blade includes a comprehensive selection of online interactive lessons, group projects, 3D printing resources, design thinking challenges, parent-engagement handouts, and other materials, all coordinated to each of the missions and based on an approach that respects state curricular standards.

The approach, she said, secures students’ attention while introducing them to the careers, tools, and technologies found throughout STEM fields in the context of solving people and community-centered problems, building students’ interest in STEM, developing awareness of STEM career opportunities, and reinforcing academic standards and skills.

Deanna Sheets, Assistant Deputy Tax Commissioner, told LOCEA members that her main presentation point is that “assessors are doing their jobs” in meeting the constitutional requirement that properties be assessed at the required 60% of market value and, secondarily, no rollbacks in taxes is required based on the statutory formula, which determines rollbacks.

Ms. Sheets said McDowell County is an outlier because of the sales of Hatfield and McCoy properties. Boone and Pleasant counites have adjusted modifiers to move based on market value. Ohio, Ritchie, and Tyler counties are outliers with higher values because of timing issues with oil and gas data.

In response to committee members’ questions, Ms. Sheets said training is helping attain more accurate property tax assessments.

Deputy State Superintendent Michele L. Blatt provided the other two reports.

Ms. Blatt said no county boards had requested information about “extended learning opportunities” and that many such opportunities for extended learning already exist or are permitted by the state career-technical programs offerings.

Extended learning opportunities allow students to earn up to six “elective course credits” for participating in “learning opportunities that take place outside of the traditional classroom setting.”

Programs may be taught by nonprofit organizations, businesses, and trade associations, among other entities. In terms of the final report, Ms. Blatt told legislators that county boards worked with the state Department of Education’s Career Technical Division to secure assistance in setting up agriculture programs where lack of funding might prohibit the programs from being developed.

3 state Board policies discussed

LOCEA heard about three West Virginia Board of Education policies, which are currently up for public comment.

§ WVBE 2502. WV College and Career Readiness Standards for Mathematics is being amended to align high-quality content standards for mathematics to address requirements passed in House Bill 3055, which was adopted during the 2023 regular session. Revisions align grade-level and course-specific standards to reflect coherent progression of developmentally appropriate mathematics learning for ease in students’ transition into employment, enlistment, and higher education. Refer to http://wvde.state.wv.us/policies/onlinecomment.html?id=2520.2B

§ WVBE 5202. Minimum Requirements for Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications is being repealed primarily to align with current legislation. The policy outlines the minimum requirements for education licenses. The policy is revised to allow for Temporary Teaching Certificates, which are renewable. The bill changes the language for Early Childhood Classroom Assistant Teachers (ECCATs) to include first through third grades in addition to pre-kindergarten and kindergarten. The policy adds eligibility and criteria for candidates who hold multi-subject K-8 endorsements to teach English, science, social studies, and math to teach seventh and eighth grades. Refer to http://wvde.state.wv.us/policies/onlinecomment.html?id=5202

§ WVBE 5901. Regulations for Alternative Certification Programs for the Education of Teachers is being revised to align with changes proposed in policy 5202 http://wvde.state.wv.us/policies/onlinecomment.html?id=5901

Robert Hagerman, West Virginia Department of Education Certification Director, said Policy 5202 will provide greater flexibility to counties without sacrificing standards.

Delegate Chris Toney of Raleigh County said a policy provision might make it more difficult to show the number of school personnel who have lost jobs due to reductions in force.

Mr. Hagerman noted that most employees who are placed on transfer or reduction in force are “reabsorbed by the system” and that by comparing a county board’s official list of personnel positions from the current to previous fiscal year could yield information about staff who actually lose positions — a point emphasized by Senate Education Chair Amy Grady of Mason County.