2009 Legislative Agenda

AFT-WEST VIRGINIA 2009 LEGISLATIVE AGENDA

At the September, 2008 AFT-WV Legislative Retreat, AFT members from across the state gathered in Charleston to prioritize our legislative agenda.  By the end of the retreat, five issues had been identified as top priority for the union.  They are:

• HIGHER SALARIES FOR ALL EDUCATION PERSONNEL
• HIGHER QUALITY OF EDUCATION FOR ALL STUDENTS
• CONTAINMENT OF HEALTH CARE COSTS FOR ALL PUBLIC EMPLOYEES
• HIGHER EDUCATION OVERHAUL TO PROTECT EMPLOYEES AND STUDENTS
• PARITY FOR EARLY CHILDHOOD EDUCATORS

The details of the above priorities are highlighted in the appropriate categories below.

CHILDREN
The Department of Health and Human Resources (DHHR) plays an important role in the lives of children from dysfunctional homes.   Children who are troubled at home tend to be troubled at school.  Teachers, public school counselors and other school employees may be in a position to help with early intervention for these troubled children if linkages were in place between the DHHR and County Boards of Education.  AFT-West Virginia therefore proposes:
• that the Department of Health and Human Resources notify schools when a child has been removed from his/her home.
• that information regarding child abuse or neglect be released to public school counselors without a court order and investigations be conducted with extreme caution and care regarding the child.
• the creation of facilities with appropriate funding at each developmental level for children with severe emotional and psychological problems.
• continued funding for the Governor’s Cabinet on Children and Families.
• extending mandatory immunizations when age appropriate to include pre-kindergarten children.
• including hepatitis B as a mandatory immunization for children entering school.
• mandatory testing for HIV/AIDS, hepatitis, West Nile virus and other communicable diseases of students who have bitten other students and/or school employees, with the county BOE responsible for the cost of testing.
• funding to meet the national standards for school counselors, certified school nurses (1 per 750 students), school psychologists (1 per 1000 students). 

HIGH QUALITY EDUCATION
World class education can only be provided by high quality teachers and other education employees working in a high quality environment with adequate funding.  AFT-West Virginia therefore proposes:
• funds to provide a highly qualified teacher in all areas of critical need.
• employee driven professional development appropriate for professional growth.
• funding for additional alternative education settings.
• full start up funding and access for pre-kindergarten programs, and extending the provision of teachers/aides/paraprofessionals for pre-kindergarten that applies to kindergarten.
• increased planning time for educators.
• the elimination of contracting out of professional, service personnel, or higher education jobs. 
• extending elementary class size limits to secondary classes.
• students be given access to the technology tools and skills they need in today’s information age.
• providing teachers and students with the latest technology and training.
• that certified teachers have preference when competing against non-certified applicants. 
• non-certified substitute teachers be employed only if no certified substitutes are available.
• requiring WVEIS clerks to input student data in each county and provide funding for such.
• addition of days before school and between semesters for classroom preparation.
• providing on-site embedded, teacher driven, and research based professional development within counties providing opportunities for teachers to collaborate.
• establishing and providing optional career paths with appropriate financial incentives to encourage school counselors to seek advanced certifications.
• providing additional funds for mentoring programs within the instructional day.
• mentor teachers assisting those on improvement plans should be granted reduced class loads, release time to assist new teachers and be reimbursed for expenses.

HIGHER EDUCATION
AFT West Virginia will be pursuing a legislative agenda throughout the 2009 session that, if enacted, would provide for quality education, equitable funding, and employment conditions that honor the work of staff and faculty. The Legislative Agenda reflects the issues of our members and their concerns about improving services and instruction.
Higher Education in West Virginia is in jeopardy.  Policies to protect staff and faculty have been eroded, and state-level financial support has withered over the past few years as other demands compete for funds. 
Providing quality services and instruction begins with the staff and faculty who provide them.  AFT-West Virginia therefore proposes:
• a bifurcated salary proposal:  Staff and faculty will receive an annual cost-of-living increase.  Any additional dollars will be used to fund merit increases.
• Board of Governors Meetings:  Each Board of Governors meeting will include time for public input and comment as well as for “delegations”.
• Pensions and Retirement:  The state will increase its contribution from 6% to 7.5%.
• Mileage Reimbursement:  Each institution shall reimburse the IRS or State rate (whichever is higher) to employees when using their automobile to fulfill their professional responsibilities.
• Employee Representation:  Employees will be afforded the right to have a representative of their choice when the employee is required to attend a non-disciplinary meeting on any work-related matter.
AFT-WV will continue to press the legislature to solve the fiscal uncertainties for our campuses by:
• providing an increase in state-level appropriations for higher education.
• putting in place a permanent solution to institutions’ annual budgetary uncertainties.

Classified staff and faculty have kept their promise to past, present and future generations of students.  It is now time for West Virginia to honor her commitment and join AFT-WV in renewing the promise of high-quality, affordable and accessible higher education in West Virginia.   It is time to build a better future for higher education in West Virginia.

SPECIAL EDUCATION
As educators strive to meet the needs of students with special needs, great caution must be exercised to ensure that the rights of these students, regular students, educational personnel and parents are not violated.  AFT-West Virginia therefore proposes:
• that special education students included in a preK-12, regular-ed classroom (including elective classes) not exceed 30% of total students.
• that the number of special ed students included in a regular ed classroom shall not exceed, under any circumstances, the maximum caseload prescribed during any one instructional period of a self-contained special ed classroom.
• limiting the administration of medication and performing specialized medical procedures to school nurses or qualified health care professionals.
• the implementation of regulations regarding Medicaid billing and payment of stipends for Board of Education employees who complete the paperwork.

COLLECTIVE BARGAINING
Education reform will not become a reality until educators become full partners in the process. Therefore, AFT-West Virginia supports the right of education employees and other public employees to bargain collectively. We believe that education employees have the right to choose the bargaining agent in their county through free and open representation elections.

TEACHERS’ SALARIES
Even with recent success, WV Teachers’ salaries are still not competitive with contiguous states and remain well below the national mean.  AFT-West Virginia therefore proposes:
• adequate funding for a 3-year salary package for teachers with across the board implementation:  Year 1-$5,000;  Year 2-$2,500;  Year 3-$2,500.
• binding legislation that SB 541 monies be used to increase salaries or benefits for education personnel.
• creation of BA+30 hours, MA+60 hours, multiple MAs, multiple certifications, and EDS/MFA salary increments.
• automatic cost of living increases.
• compensation for additional work load as a result of providing alternative assessments to special education children.
• year 20 supplement of $600 for all professional school employees.
• information and discussion of statewide levy.
• parity for nationally board certified professional employees receiving supplements.
• that the early retirement notice incentive be extended to all professional employees.  

PUBLIC EMPLOYEES INSURANCE
Rising health care costs and changes to the PEIA program continue to gnaw away at public employees’ paychecks.   AFT-West Virginia therefore proposes:
• a return to the coordination of benefits for Medicare eligible retirees.
• re-define the 80/20 law to include all out of pocket expenses borne by employee in the calculation.
• stronger health care cost containment legislation.
• elimination of employee premiums and co-payments through adequate legislative appropriations.
• more legislative oversight of PEIA finance board.
• increased education/access for flexible spending accounts.
• a dedicated, permanent revenue source for the “retiree subsidy”.

TEACHERS RETIREMENT
Although the Teachers Retirement System continues to carry a large unfunded liability, recent strides by the Governor and the Legislature have provided enough breathing room to provide increases in retirement benefits for actives and retirees.  AFT-West Virginia therefore proposes:
• automatic cost of living increases for retirees.
• Rule of 80 and/or other early retirement incentives (i.e. voluntary drop plan, Social Security Bridge or income leveling).
• retirement credit granted to post 1972 veterans.
• retirement credit based on number of hours worked rather than on number of days worked in a week for employees who work less than full time.
• a state tax exemption for retired educators up to $20,000.

EDUCATIONAL FUNDING
With a declining student population and a shrinking tax base, measures must be taken to ensure that limited resources are spent wisely.  AFT-West Virginia therefore proposes:
• the creation of a needs based funding formula which would allocate education dollars based on student need rather than the number of students.

SERVICE PERSONNEL
The proper use of school service personnel enhances the educational process.  AFT-West Virginia therefore proposes:
• salary step for paraprofessionals in a Title I position with associate degree.
• state-funded career opportunities for service personnel to meet the No Child Left Behind requirements.
• career ladder for paraprofessionals.
• paraprofessionals be provided for all first grade classrooms which exceed 20 children.
• paraprofessionals be provided for all pre-K, kindergarten, split grade and ungraded classrooms.
• adequate funding for the multi-year salary package for service personnel.
• funding for executive secretary positions at county board of education offices.
• overage pay similar to professional educator provision.

PROFESSIONALISM
Faculty Senate statute should be clarified and expanded to enhance teachers’ empowerment. 
AFT-West Virginia therefore proposes:
• Faculty Senates be empowered with real decision making abilities (policy, lesson plan requirements, teacher duty rosters, money for supplies, etc.).
• school administrators shall be ex officio members of faculty senates.
• Faculty Senates be returned to monthly meetings.
• county and school administrators be prohibited from assigning any duties to teachers during Faculty Senate meetings for continuing education or staff meetings.
• county and school administrators be prohibited from using Faculty Senate meetings for continuing education.
• a provision providing for local board of education to meet annually with faculty senates.
• bi-monthly countywide meeting of faculty senate chairs during the instructional day.

EMPLOYEE RIGHTS
The effectiveness of employees is greatly enhanced by high morale and when they are afforded dignity, respect and security.  AFT-West Virginia therefore proposes:
• public disclosure of hiring criteria.
• that pro-rated employee benefits be made available to substitute professional employees.
• that laid-off employees be given priority in filling substitute positions.
• strengthening penalties for parents who exhibit violence against school employees.
• that teachers be compensated at 1/7 of their regular daily rate of pay for each hour or portion thereof for assignments above and beyond the instructional day.
• that teachers be compensated for forfeiting their planning period when voluntarily providing coverage for another teacher’s class.
• adequate and appropriate aides/monitors for mixed physical education classes.

NO CHILD LEFT BEHIND
The American Federation of Teachers has long been a leader in promoting high standards of learning and teaching and is working actively to close the achievement gap.  When the No Child Left Behind Act (NCLB) became law in 2002, the AFT hoped that the resources earmarked for NCLB would be provided and that the law would be implemented in a way that would strengthen public education while raising the academic achievement of all students.  Unfortunately, flaws in the law are undercutting its original promise.  AFT and AFT-West Virginia therefore proposes:
• changes in the calculation of Adequate Yearly Progress (AYP) so that it actually measures progress.
• fair implementation of high quality staff provisions to ensure that all students are taught by teachers that know their subject matter.
• adequate funding.

Legislative Updates :2008

Update #7: Feb. 22, 2008

Update #6: Feb. 15, 2008

Update #5:  Feb. 8, 2008

Update #4 : Feb. 1, 2008

Update #3: Jan 24, 2008

Update #2 :Jan. 18, 2008

Update #1: Jan. 10, 2008

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