Embed Size (px)
Citation preview
A Briefing for School Board A Briefing for School Board Members: New West Virginia Members: New West Virginia Legislation Affecting Public Legislation Affecting Public EducationEducation
West Virginia School Board AssociationWest Virginia School Board AssociationJune Workshop ’09June Workshop ’09Stonewall Resort Stonewall Resort
Howard Seufer, Jr. Howard Seufer, Jr. [email protected] 304-347-1776
The Education Law GroupThe Education Law Group at Bowles at Bowles Rice McDavid Graff & LoveRice McDavid Graff & LovePrimary Attorneys
Greg Bailey - Morgantown
Rick Boothby - Parkersburg
Howard Seufer - Charleston
Rebecca Tinder - Charleston
Kim Croyle - Morgantown
Ashley Hardesty - Morgantown
Legal Assistants
Sarah Plantz - Charleston
Dianne Wolfe - Parkersburg
Adjunct Attorneys
Bob Bays - Eminent Domain
Rick Brown - Employee Disability
Joe Caltrider – Personal Injury Defense
Pat Clark - Contracts
Mark D’Antoni - Real Estate
Mark Dellinger - Human Rights
Kit Francis - Creditors Rights
Jill Hall - Employee Benefits
Tom Heywood - Government Relations
Bob Kent - Personal Injury Defense
Jeff Matherly - Health Information
Ellen Maxwell-Hoffman - Ethics
Edd McDevitt – Bonds, QZABs & Levies
Marion Ray - Workers Compensation
Lesley Russo – Employee Benefits
Cam Siegrist - Finance
Beth Walker - Wage & Hour
Ken Webb - Construction Litigation
Some School Law Resources Some School Law Resources To Help You Keep Up-to- To Help You Keep Up-to- Date All Year LongDate All Year Long
““School Laws of West Virginia”School Laws of West Virginia”
Beware! The latest edition and its CD-ROM are already out of date!
Current versions of the new statutes are available at the West Virginia Legislature’s website
The Education Group at Bowles Rice will post our legislative summary on our website (www.bowlesrice.com), with active links to the full texts of House and Senate bills
E-UpdatesE-Updates
E-Newsletter Mailing ListE-Newsletter Mailing List E-Newsletter Mailing List Send an email to Sarah Plantz:
[email protected] Tell Sarah:
Who you are Your position in public education Your school board’s name That you want to receive the E-Newsletter
It’s a Difficult Job, But Somebody Has to Do It: Realigning the Professional Employee Workforce for School Year 2009-10 November 4, 2009 – Charleston
It’s a Difficult Job, But Somebody Has to Do It: Realigning the Service Employee Workforce for School Year 2009-10 November 5, 2009 – Charleston
The Construction Zone: Everything You Wanted to Know About School Facility Construction Law & Dispute Resolution December 2, 2009 – Charleston December 9, 2009 - Morgantown
Signature Series E-Invitation ListSignature Series E-Invitation List Signature Series E-Invitation List Send an email to Sarah Plantz:
[email protected] Tell Sarah:
Who you are Your position in public education Your school board’s name That you want to receive Signature Series E-
Invitations
Caution!Caution! These materials are presented with the
understanding that the information provided is not legal advice
Due to the rapidly changing nature of the law, information contained in this presentation may become outdated
Anyone using information contained in this presentation should always research original sources of authority and update this information to ensure accuracy when dealing with a specific matter
No person should act or rely upon the information contained in this presentation without seeking the advice of an attorney
Important Qualifier!Important Qualifier! When this presentation was prepared, the
Governor had not yet signed three education bills that were considered and passed by the Legislature at the first special session held late in May
Because the Governor included these bills in his call of the special session, and because the bills were introduced at the request of his office, it seems likely that the Governor will sign them, but it is theoretically possible that he will not
These Bills Did Not Pass and Are Not Law
School calendar “Jobs Cabinet Bill” altering the “seven factor”
measures of qualifications to be used in comparing candidates for professional vacancies
State agency donation of personal computers to Dept of Education
Relieving county boards of liability for unfunded PEIA benefits for retirees
School board member pay raise Removing budget cap on RESA foundation allowance
Seven Categories of LegislationSeven Categories of Legislation
A. Students
B. Safe Schools
C. Personnel
D. Finance
E. Business
F. Public Officials
G. Retirement
StudentsStudents
Senate Bill 398Restrictions on Graduated Driver’s
Licenses(In Effect July 10, 2009)
Current Law New Law Level One instruction permit
holders and Level Two intermediate license holders can be charged with violating the cell phone ban only when detained for another offense
Requires 30 hours of certified behind the wheel driving experience to get a Level Two intermediate license without completing drivers education
Level One instruction permit holders and Level Two intermediate license holders can be charged with violating the cell phone ban whether or not detained for another offense
Requires 50 (rather than 30) hours of certified driving experience, including a minimum of 10 hours of nighttime driving
Current Law New Law Level One instruction
permit holders may operate a motor vehicle from 5 a.m. until 11 p.m.
Level Two intermediate license holders may drive unsupervised between 5 am. and 11 p.m., and supervised between 11 p.m. and 5 a.m.
Level One instruction permit holders may operate a motor vehicle from 5 a.m. until 10 p.m.
Level Two intermediate license holders may drive unsupervised between 5 am. and 10 p.m., and supervised between 10 p.m. and 5 a.m.
Current Law New Law Level Two intermediate
license holders may drive with no more than 3 passengers under 19, unless the passengers are family members
Completion by a Level Two intermediate licensee of an approved driver improvement program may negate one minor traffic violation against the one-year conviction-free driving criteria for early eligibility for a Level Three license
For first 6 months, no passengers under 20, unless family members. For second 6 months, only 1 passenger under 20, unless family members
Completion of an approved driver improvement program may also negate one minor traffic violation for purposes of avoiding a second conviction that revokes or suspends a Level Two intermediate license
New law: Violating the terms and conditions of a Level One instruction permit or Level Two intermediate drivers license is a misdemeanor punishable by fine
Senate Bill 498Early Childhood Education
(In Effect April 11, 2009)
ReportingReporting Before July 1 of each school year after 2012-2013,
each county board must report to DHHR Secretary and State Superintendent: documentation showing the extent to which it is maximizing
resources by using existing community-based programs, including Head Start and child care
Any county that includes in its net enrollment for state aid children in contracted community-based programs must also report: documentation that the county equitably distributes funds
for all children regardless of setting
Quality Rating & ImprovementQuality Rating & Improvement Requires DHHR Secretary to
establish a plan for phased implementation (starting July 1, 2011) of a statewide quality rating and improvement system covering licensed child care centers and facilities registered family child care homes other types of child care settings licensed after the system is
implemented include a financial plan providing for staffing, public
awareness, an internet-based information system, financial assistance for programs, and assistance for consumers at or under 200% of the federal poverty level
create a Quality Rating and Improvement System Advisory Council to advise concerning the plan and ongoing review
Recognizes that stimulus funds may fund some expenditures
Mandatory Elements of New SystemMandatory Elements of New System 4-star rating system that easily communicates to
consumers One star: meets minimum acceptable standards Four stars: meets the highest standards
4-level program standards for registered homes and licensed programs Only mandatory level: Level 1 (basic state registration and
licensing requirements) Accountability measures to assess compliance
Evaluations, observation/assessment tools, annual self-assessments, model program improvement planning to help in improvement
Rules for the reduction, suspension, or disqualification of programs from the system
Possible Pilot ProgramsPossible Pilot Programs Authorizes DHHR Secretary to implement a
quality rating and improvement system as a pilot project in up to five counties beginning July 1, 2009 to help test the rating system assess the quality of existing providers estimate financial requirements of the future
statewide system Inform future policy decision
Ratings of pilot project participants may not be individually disclosed
Senate Bill 1001Critical Skills Instruction Support
Programs for Third and Eighth Grade(In Effect July 1, 2009)
[Note: This bill was not yet signed by the Governor when this presentation was prepared]
“Critical Skills Instructional Support Programs”
For students in grades 3 and 8 who are not mastering language arts and math
adequately for success at next grade level, and are recommended by Student Assistance Team
or classroom teacher To occur
during the instructional day, and after the instructional day, and during the summer
State Board of Education Enact rules to
Maximize parental involvement in supporting critical skills development
Ensure employment of qualified personnel under the existing summer employment laws
Create formula or grant-based distribution of funds Providing for transportation, healthy foods, and
supervision of participating students Annually report to LOCEA, Joint Committee on
Government & Finance, Governor
County Boards Provide suitable facilities, equipment,
services to support the programs May provide summer programs at central
locations Cannot charge tuition Must ensure that SATs are established and
performing needs assessments If funds are inadequate for full
implementation, may implement in phases, prioritizing programs for third graders
Students Summer program may be made a condition of
promotion for a third or eighth grader who was provided help in the in-school and after-school
programs, and is recommended by SAT or classroom teacher for
additional help in language arts and/or math to succeed at next grade level
In spite of program, classroom teacher may recommend grade level retention
Program is not to affect IEPs Program does preclude summer programs under
existing laws
House Bill 109Innovation Zones
(In Effect July 1, 2009)
[Note: This bill was not yet signed by the Governor when this presentation was prepared]
Purpose
Create testing grounds for innovative education reform programs at the school level that document educational strategies that enhance student success and increase the accountability of the state’s public schools
Do so by providing principals and teachers with flexibility from the constraints of certain statutes, policies, rules, and interpretations
Allows Exceptions from County and State Rules, Policies, and Interpretations, and
from State Statutes Only within designated zones, and under
approved innovation zone plans Exceptions cannot be granted to
Any federal law, including NCLB WV laws on the filling of personnel vacancies and
the assignment, transfer, and reduction in force of professional and service employees But if a majority of all the county’s teachers vote to
approve, heightened qualifications may be posted for teaching vacancies in an innovation zone
Designating Innovation Zones An innovation zone may consist of
a school a group of schools a subdivision or department of a school a subdivision or department of a group of
schools Application for designation
State Board rules will govern Must describe innovations to be instituted Must estimate affected employees
(Designating Innovation Zones) Step One: Secret ballot special election by affected
regular employees Special panel calls meeting, conducts election, certifies
vote School’s elected faculty senate officers, a service personnel
representative, three parent members of LSIC Requires approval by 80% of eligible voters
Step Two: State Board decides whether to designate, considering at least Level of commitment by staff, parents, students, county
board, LSIC, and business partners Potential for applicant to succeed as an innovation zone
Approving Innovation Plans
Minimum plan contents Description of programs, policies, or initiatives that
the zone intends to implement as an innovative strategy to improve student learning
An explanation of the needed exceptions to identified rules, policies, interpretations, and statutes
Other information required by the State Board of Education
(Approving Innovation Plans)
Step One: 80% approval in special election by affected employees Conducted exactly like the zone designation
election by affected employees Step Two: Submission to county board and
superintendent Board and superintendent must report support
and/or concerns in 60 days Reports go to principal, faculty senate, LSIC
(Approving Innovation Plans)
Step Three: Approval by both the State Superintendent and State Board Approve or disapprove
If both approve, requested exemptions from county and state rules, policies, and interpretations take effect (but not exemptions from state statutes)
Any disapproval requires statement of reasons. Plan may be revised and resubmitted, but only after another 80% election by affected employees and another submission to, and report by, the county superintendent and board
(Approving Innovation Plans)
Step Four: If the plan requests exemption from any West Virginia statute, the exemption must be approved by Act of the Legislature First the plan must be submitted to LOCEA LOCEA makes a recommendation to the
Legislature
Additional Provisions Employee Transfers
“Every reasonable effort” must be made to grant a transfer request by a regular employee at a school that is proposed or approved as an innovation zone and whose duties “may be affected” by a proposed or approved innovation plan
State Board reports Annually review progress of the development or
implementation of each plan A zone that hasn’t made adequate progress in developing
or implementing its plan is reviewed again in six months State Board may then revoke zone designation or plan
approval Annually reports to LOCEA on all innovation zones
(Additional Provisions)
Higher Education Institutions May establish innovation zone schools State Board to establish process Students attending the school
will be enrolled in a public school in county of residence May participate at the public school in extracurricular
and co-curricular activities Higher Education institution’s school may not be
funded with state or county moneys resulting from state aid formula
House Bill 3083Blood Donations by 16-Year-Olds
with Parental Consent(In Effect June 24, 2009)
Current Law Any person 17 and
older may donate blood without parent or guardian authorization
A minor aged 17 or older is not permitted to accept compensation
New Law 16-year olds may
donate, but until age 17 must have parent or guardian authorization
A minor aged 16 or older is not permitted to accept compensation
Safe Safe SchoolsSchools
House Bill 2952Terroristic Threats
(In Effect July 7, 2009)
Current Law Any person who
knowingly and willfully threatens to commit a terrorist act,
without the intent to commit the act,
is guilty of a felony punishable by fine and/or imprisonment
New Law Any person who
knowingly and willfully threatens to commit a terrorist act,
with or without the intent to commit the act,
is guilty of a felony punishable by fine and/or imprisonment
PersonnelPersonnel
Senate Bill 1006Hiring, Terminating, Transferring, and
Reassigning Teachers and School Personnel
(In Effect July 1, 2009)
[Note: This bill was not yet signed by the Governor when this presentation was prepared]
Deadline: Classroom Teachers’ Early Notice of Year-End Retirement,
Qualifying for $500 Bonus Old Law
Must give notice to the county board on or before February 1
No guidance on posting position or retracting the year-end retirement
New Law Must give notice to the
county board on or before December 1
Board may post vacancy for next year once notice is given
For unforeseen financial hardship, may keep job if forfeit $500 bonus
Deadline: For Any Employee to Exercise Right to Retire at Year’s
End, Regardless of Board’s Wishes Old Law
Must deliver written resignation on or before the first Monday in April
New Law Must deliver written
resignation on or before February 1
Deadline: Board’s Vote to Terminate Employee’s Continuing Contract at
Year-End for Lack of Need Old Law
Must vote on or before the first Monday in April
Note: Prior to the vote, employee’s must be given advance written notice and the opportunity for a hearing
New Law Must vote on or before
February 1 to end professional contracts, and before February 1 to end service employee contracts
Note: Prior to the vote, employee’s must be given advance written notice and the opportunity for a hearing
Deadline: Superintendent’s Notification of Employees Who Are Being Considered
for Transfer for the Next Year
Old Law On or before the first
Monday in April
New Law On or before
February 1
Deadline: Board’s Receipt and Approval of Superintendent’s List of Employees to
Be Considered for Transfer for the Ensuing Year
Old Law On or before the first
Monday in May
New Law On or before March
15
Deadline: Board’s Acceptance of Superintendent’s List of Probationary Employees to Be Awarded Another
Contract
Old Law On or before the first
Monday in May
New Law On or before March
15
The New Deadlines
Early notice retirement
Year end resignation
Vote: RIF terminations
Advance Notice: Transfer
Vote: Transfer list
Vote: Probationary list
December 1
February 1
January 31/February 1
February 1
March 15
March 15
Additional Provisions
Teaching certificates may be issued to non-citizens
Teacher contracts may be signed conditioned upon the issuance of a teaching certificate prior to the start of the employment term, if necessary to facilitate employment of employable professional personnel, and recent graduates of teacher education programs
who have not yet attained certification
House Bill 2566Malicious Assault and Battery
(In Effect July 10, 2009)
Makes it a felony to maliciously or unlawfully assault, a misdemeanor or felony (second offense)
to batter, and a misdemeanor to assault,
certain persons known by the perpetrator to be acting in an official capacity
Current Law Protects:
police officers probation officers conservation officers humane officers EMS personnel health care workers protective service workers firefighters State Fire Marshall or
employees Division of Forestry
employees county correctional
employees urban mass transportation
system employees court security personnel, or PSC motor carrier inspectors
or enforcement officers
New Law Protects:
any officer or employee of the state or a political subdivision
a person under contract with a state agency or political subdivision
health care workers employed by or under contract to a hospital, county or district health department, long-term care facility, physician’s office, clinic, or outpatient treatment facility
House Bill 3146Seniority Rights for Service
Personnel(In Effect July 10, 2009)
Current Law:Current Law: Consider Applicants for Consider Applicants for Posted Service Vacancies in This OrderPosted Service Vacancies in This Order
1. Regular service personnel A. currently employed in the classification category of the
vacancy
B. currently employed in another classification category
2. Service personnel whose employment has been discontinued in a RIF
3. Professionals who held temporary service jobs before 7/29/72 & apply for such positions
4. Substitute service personnel
5. New service personnel
New LawNew Law:: Consider “Qualified” Applicants in Consider “Qualified” Applicants in This OrderThis Order
Regular personnel holding a title in the classification Personnel whose employment has been RIF-
discontinued who have held a title in the classification Regular personnel who do not hold a title in the
classification Personnel whose employment has been RIF-
discontinued who have not held a title in the classification
Substitutes who hold a title in the classification Substitutes who do not hold a title in the classification New service personnel
New Law, Old Law, Side by Side1. Regular service personnel
A. currently employed in the classification category of the vacancy
B. currently employed in another classification category
2. Service personnel whose employment has been discontinued in a RIF
3. Professionals who held temporary service jobs before 7/29/72 & apply for such positions
4. Substitute service personnel
5. New service personnel
1.1. Regular personnel holding a Regular personnel holding a title in the classificationtitle in the classification
2.2. Personnel whose employment Personnel whose employment has been RIF-discontinued has been RIF-discontinued who have held a title in the who have held a title in the classificationclassification
3.3. Regular personnel who do not Regular personnel who do not hold a title in the classificationhold a title in the classification
4.4. Personnel whose employment Personnel whose employment has been RIF-discontinued has been RIF-discontinued who have not held a title in the who have not held a title in the classificationclassification
5.5. Substitutes who hold a title in Substitutes who hold a title in the classificationthe classification
6.6. Substitutes who do not hold a Substitutes who do not hold a title in the classificationtitle in the classification
7.7. New service personnelNew service personnel
New “Seniority” Right: AidesNew “Seniority” Right: Aides ““The assignment of an aide to a particular position The assignment of an aide to a particular position
within a school is based on seniority within the aide within a school is based on seniority within the aide classification category if the aide is qualified for the classification category if the aide is qualified for the position”position” Does the aide have a choice? Does this refer to the initial assignment? Might the
assignments change from year to year, or during a year, as different aides enter and leave the school?
Does the new right affect the aide “stay put” rules? Does it affect itinerant or countywide aides when assigned
to particular schools? Is a “transportation aide” assigned “within a school”? When a substitute is assigned for an absent aide, do the
assignments change based upon the substitute’s seniority?
New “Seniority” Right: CustodiansNew “Seniority” Right: Custodians ““Assignment of a custodian to work shifts in a school Assignment of a custodian to work shifts in a school
or work site is based on seniority within the or work site is based on seniority within the custodian classification category”custodian classification category” Does the custodian have a choice? Does this refer to the initial assignment? Might the
assignments change from year to year, or during a year, as different custodians enter and leave the school?
Can a more senior Custodian I, II, or III take the Head Custodian’s shift, relegating the Head Custodian to a shift where he or she is ineffective as Head Custodian?
What about multiclassified bus operator/custodians? Could the new seniority right complicate those multi-classifications or make the holders into “split shift” workers?
When a substitute is assigned for an absent custodian, do the assignments change based upon the substitute’s seniority?
FinanceFinance
Senate Bill 243 Senate Bill 243 General Obligation BondsGeneral Obligation Bonds
(In Effect July 9, 2009)
SB 243 updates the W. Va. Code for consistency with current practices and procedures
required for issuing general obligation bonds through competitive sale, and
the West Virginia Constitution
(Senate Bill 243)
Expressly states that county boards may issue bonds upon approval of a majority of votes cast at the bond election
The bond election order must still designate the maximum term of the bonds, but it need not designate the maximum term of a series of bonds name the commissioners for any special election state the time, place, and way to register to vote
(Senate Bill 243) The bond resolution
need not set forth: denominations of bonds medium in which bonds are payable terms of redemption
may establish a maximum rate of interest (within the maximum stated to the voters) that the bonds will bear
must acknowledge that the bonds are payable at the office of the Municipal Bond Commission (rather than the State Treasurer), as well as at such other places as the issuer designates
(Senate Bill 243) Allows issuers to
make semiannual payments on principal and interest
begin making debt service payments up to 3 (rather than 2) years from date of issuance
use an electronic bidding procedure for bonds publish abbreviated sale of notice when
advertising the sale of bonds Requires issuers to register bonds Eliminates reference to coupon bonds
House Bill 2530Public School Support
(In Effect July 1, 2009)
“Professional student support personnel” is now defined to mean a “teacher” (rather than “a professional person”) who is assigned and serves on a regular full-time basis as
a counselor or school nurse with a bachelor’s degree and who is
licensed by the W. Va. Board of Examiners for Registered Professional Nurses
Professional student support personnel are considered professional educators except in determining the allowance for professional educators. Now included in the allowances for current expense, substitute employees, and faculty senates.
(House Bill 2530)
Modifies the computation of the artificial increase in net enrollment for counties whose net enrollment would otherwise be less than 1,400 After dividing the state’s lowest county student
population density by the county’s actual student population density, multiply the result by the difference between 1,400 and the county’s actual net enrollment (instead of by 300, as under current law)
(House Bill 2530)
For fiscal years 2010-2013, each county’s allowances for professional educators and service personnel computed under the 2008 provisions of the statute shall be based on the number of personnel that would be eligible based on the county’s net enrollment, regardless of the number employed for the
second month of the prior school term, and notwithstanding the pro rata reduction for failure to
establish and maintain the minimum professional instructional personnel ratios of the statute
BusinessBusiness
Senate Bill 464PEIA Fee for Paper Transactions
(In Effect July 9, 2009)
The PEIA director is permitted to enact a rule charging employers a fee of up to $5 per transaction for performing business with the agency by paper when the transactions could be performed electronically
Senate Bill 492PEIA Retirement Requirements
(In Effect July 10, 2009)
Any employee hired on or after July 1, 2009, who elects to participate in the plan, and later retires,
will not be allowed to apply accrued years of teaching service toward the cost of premiums for extended insurance coverage
Senate Bill 481Providing Documentation to PEIA
(In Effect July 10, 2009)
Employers participating in any PEIA plans must provide to the Director, upon request, all documentation reasonably required by the Director in performing the Director’s duties, including employment records to verify actual full-time employment of the employer’s employees who participate in the plan
Failure to do so is misdemeanor punishable by fine and/or imprisonment
House Bill 3313Depositories May Provide Letters of
Credit(In Effect July 9, 2009)
Expands the kinds of securities a board may accept from depositories and banks in which the board opens an account
The securities now include a letter of credit from a federal home loan bank
Senate Bill 537Workers’ Compensation
(In Effect July 10, 2009)
Among the changes is the date when state and local governmental bodies may purchase workers’ compensation insurance from a private carrier other than BrickStreet, or may self-insure
Public Public OfficialsOfficials
Senate Bill 258Local Fiscal Bodies Not Liable for
Certain Deficits(In Effect April 11, 2009)
Protects county boards and their officials from penalties for deficits attributable to the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Fund and annual required employer contributions
House Bill 2869Post-Election Financial Statements
(In Effect July 10, 2009)
Final post-election campaign financial statements are to be filed within 20 business days (rather than 4 business days) following the 13th day after each primary or other election
Notice of failure to file, or of grossly incomplete or inaccurate reports, goes to prosecutor 60 days (rather than 40 days) after the election
House Bill 3208Appointing County Superintendents;
County Board Member Training(In Effect July 9, 2009)
Appointing SuperintendentsAppointing Superintendents Current Law Appointment of the
county superintendent must be made on or before June 1 for a term beginning on the ensuing July 1 No provision as to how
early the appointment could be made
New Law Appointment must be
made between January 1 and June 1 for a term beginning on the ensuing July 1
Superintendent’s CompensationSuperintendent’s Compensation
Current Law On or before May 1 of
the year in which the superintendent is appointed, the board must fix the annual salary for the period of appointment beginning on the following July 1
New Law The deadline for fixing
the salary is “on or before June 1” of the year in which the superintendent is appointed for a term beginning the following July 1
Interim SuperintendentsInterim Superintendents Current Law May appoint interim in
the event of a vacancy in the superintendency that results in an incomplete term Limitation: An interim
may serve for no more than 120 days from occurrence of vacancy
New Law May appoint interim in
the event of a vacancy in the superintendent resulting in an incomplete terms May serve until the
following July 1 if the vacancy occurs before March 1
May serve until “July 1 of the next following year” if the vacancy occurs on or after March 1, unless a superintendent is sooner appointed
Acting SuperintendentsActing Superintendents Current Law No provision for appointing
an acting superintendent if superintendent is incapacitated
New Law May appoint if
superintendent is incapacitated by accident or illness that may lead to prolonged absence, and
board votes unanimously to declare such incapacity
Acting superintendent serves until a majority determines that the incapacity no longer exists Limit: Earlier of 1 year or
end of superintendent’s term, unless reappointed by board
Reporting AppointmentsReporting Appointments
Current Law Immediately upon
appointment of superintendent or interim superintendent, Board president must certify appointment to State Superintendent
New Law Same, plus Board
president must now also immediately certify to State Superintendent: appointment,
reappointment, or appointment termination of the acting superintendent
School District Report CardsSchool District Report Cards Current Law The report cards include
indicators data for each school and in the aggregate, and also: board members’ names when their terms expire if they attended the required
new member orientation program
names of superintendent, plus assistants and associates, with training attended related to their area of administration
New Law All the same information as
before, plus The number of hours of
training meeting State Board standards that board members received during the school term reported
Board MembersBoard Members Current Law A sitting Board member
must be a U.S. citizen and county resident
A sitting Board member must not accept a position in the
school district as teacher or service personnel, or
be an elected or appointed political party executive committee member, or
become a candidate for any other public office except to succeed him/herself
New Law All the same requirements,
plus a sitting Board member may not become a candidate for
election to a political party executive committee
become a candidate for or serve as a delegate, alternate, or proxy to a national political convention
solicit or receive political contributions to support the election of, or retire the campaign debt of, a candidate for partisan office
Candidates and Members-ElectCandidates and Members-Elect Under the new law, they must:
Be citizens and residents in the county Hold a high school or GED diploma
unless they took office before May 5, 1992 Not be employed by the Board as teacher or service persons Not engage in the following political activities:
become a candidate for any other public office except to succeed themselves as board members
become a candidate for or serve as an elected member of a political party executive committee, or as a delegate, alternate, or proxy to a national political convention
solicit or receive political contributions for the election of, or to retire the debt of, a candidate for partisan office
A candidate who is not on the board may hold another public office while a candidate if he/she resigns from it before taking the oath of office
Board Members, Candidates, and Board Members, Candidates, and Members-ElectMembers-Elect
The new law clarifies that a board member, candidate, or member-elect may: make campaign contributions to partisan or
bipartisan candidates attend political fundraisers for partisan or bipartisan
candidates serve as an unpaid volunteer on a partisan campaign politically endorse any candidate in a partisan or
bipartisan election attend a county, state, or national political party
convention
Board Member TrainingBoard Member Training The new law
makes clear that the neglect of duty that occurs upon failure, without good cause, to attend and complete the required orientation and annual training is neglect of duty for purposes of the statute governing removal from office
eliminates the requirement that the State Board petition the Circuit Court to remove such board members from office
requires the State Board to appoint the “County Board Member Training Standards Review Committee” to determine which trainings and training organizations are approved for credit
purposes and whether county board members have satisfied the annual
training requirements
RetirementRetirement
House Bill 2703State Teachers Retirement System
(In Effect July 6, 2009)
Makes technical changes to retirement laws Modifying some definitions
“Member” - A member of the TRS is one with accumulated contributions to his/her credit. A member remains a member until the benefits to which he/she is entitled are paid or forfeited, or until cessation of membership
Specifying cessation of membership upon withdrawal of accumulated contributions after
cessation of service upon the effective retirement date at death when, after cessation of service, the outstanding balance of
any loan by the member, plus accrued interest, equals or exceed his/her accumulated contribution
Procedures for correcting errors When an error in records results in a member receiving
more, or less, than he/she would have been entitled to, the Retirement Board must adjust the payment of the benefit
An error resulting in underpayment to the Retirement System may be corrected by the member and employer remitting the required contribution, with interest under existing regulations.
Any accumulating interest owed on the employee or employer contributions resulting from employer error shall be the responsibility of the employer
The employer may remit total payment. The employee may reimburse the employer through payroll deduction over a period equal to the time during which the employer error occurred
Loans A member
with an unpaid loan from his/her individual account who want to retire or is eligible to receive benefits may repay the loan in full by accepting smaller
retirement income or disability payments reduced by deducting from the actuarial reserve the amount of the unpaid loan balance plus accrued interest
Upon withdrawing from service except due to death, disability, or retirement, a contributor shall be paid his/her accumulated
contributions up to the end of the preceding fiscal year but only after offset of any outstanding loan balance,
plus accrued interest
House Bill 2734Minimum Guarantees to Transferees
from Defined Contribution System(In Effect July 7, 2009)
Clarifies that a member of the Teachers Defined Contribution Retirement System who works one hour or more and has made contributions to the State Teachers Retirement
System after his/her assets are transferred to that system may, upon eligibility for a distribution, elect to
withdraw from both plans and receive, not an annuity under from the TRS, but rather from the State TRS : member accumulated contributions,
plus refund interest, and from the Teachers Defined Contribution Retirement
System: member contributions, plus the vested portion of employer contributions, plus earnings as of the date his/her assets are transferred to the State TRS
House Bill 2870Extending Buyback Deadline to the State Teachers Retirement System
(In Effect April 11, 2009)
Gives members of the Teachers Defined Contribution Retirement System who by April 11, 2009, elected to transfer to the State Teachers Retirement System, an extension until the later of June 30, 2009, or no later than 90 days after the postmarked date of a final and definitive contribution calculation from the Consolidated Public Retirement Board, to pay their 1.5% contribution and take advantage of the loan provisions of the conversion statute
Resolutions
House Resolution No. 9“Take a Veteran to School Initiative”
Thanks for your input Thanks for your input today!today!
And thank you for all you do to And thank you for all you do to education our children and keep them education our children and keep them safesafe
