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

2007 Final Legislative Update

The Legislative Session:  A Work in Progress
The legislative session ended on a mixed note.  AFT-WV is very disappointed that the governor and legislature were unable to increase salaries above 3.5% and address pension reform.  The pay raise will do little to keep our salaries competitive with the contiguous states and many parts of West Virginia will continue to have difficulty attracting and retaining qualified and certified teachers.    Our work is not done even though the legislative session has ended.  AFT-WV has mailed a letter, with a ballot on the bottom, and a salary scale to each of our 7300 members.   Members have been instructed to use the scale to determine what their pay increase will be, then make an educated decision on a possible job action.  AFT-WV believes that any concerted action must have grassroots support and clear and achievable goals.  Further, AFT-WV strongly believes that there are optimum times in the school calendar for a potential work stoppage.  AFT-WV will be back in contact once we have heard from our members.
The legislative session concluded without definitive action on pension reform.  However, AFT-WV will be working with legislators and the governor over the next six months on this issue.  Our goal is to allow employees in the new retirement plan (TDC) the option to transfer to the old system (TRS).
Despite the lack of significant progress on those two issues, the legislative session was notable for many achievements in other areas, including AFT-WV’s goal of ensuring accessible and affordable health care for our Medicare eligible retirees, grievance reform and modifications to the school aid formula.  Here is a summary of many of the education-related bills that passed during the 60 day session.

-Salary
HB 2777 contains a 3.5% salary increase for teachers and school service personnel.  When the increments are included, the average increase ranges from 5.6% to 6.7% depending on your level of education.  Please refer to the salary schedule to find your place on the schedule.  In addition, if you have not already done so, please send back your strike ballot to the AFT-WV office.

-Health Care
SB 129 was passed and contains many important provisions including AFT-WV’s “hold harmless” language for Medicare eligible retirees.  Specifically:

• Ensures that PEIA will maintain medical and prescription coverage for Medicare eligible retired employees.
• Provides that if a Medicare/Advantage Prescription Drug Plan (MAPD) should fail, then PEIA will take all Medicare eligible retired employees back into the existing PEIA plan or provide another plan of equal or better coverage.
• Maintains the 80-20 premium split for the state and the employee and clarifies that the future liability will not be included in the employee’s share of the 80/20 split.  This provision should help stop cost-shifting from the employer to the employee.
In addition, the bill contains the following provisions:
• County board of education employees who are expected to serve as long-term substitutes for more than 90 consecutive days will qualify for PEIA coverage.  The posting must specify that the position is for 90 days or more.
• Long-term substitutes who work continuously for 133 days and continue through the end of the instructional term will qualify for PEIA over the summer months.
In a separate bill, House Bill 2189 requires each county to establish a personal leave bank for employees and provides conditions for the donation and use of leave.  In addition, the bill allows for the transfer of accrued personal leave between employees in cases of catastrophic medical illnesses.  

-Pension Reform
Legislation to allow members to switch from the new to the old plan did not pass due to the lack of a fiscal note (cost analysis).   House Concurrent Resolution passed which requires a joint study by the House and Senate to study the effects and financial impact of allowing a merger of those in the TDC (new plan) to the TRS (old plan).  A cost analysis will be provided by the consolidated public retirement board later this year.   We remain hopeful that the Governor will call a special session in the late fall to finally allow teachers to move from the new to the TRS. 

-Grievance Reform
SB 442 makes major reforms to the grievance procedure.  The changes include:
• Creating a new WV Public Employees Grievance Board  with five members, two of whom shall represent employee organizations);
• Giving the new grievance board expanded authority and power;
• Reducing the number of steps from four to three (replaces the informal meeting, removes the Board level hearing);
• Providing for mandatory dispute resolution at step two;
• Making the grievance procedure more fair, efficient and cost effective; and
• Disallowing supervisors who evaluate from being representatives.

-School Aid Formula Revision
SB 541 increases the amount of funds to the county boards of education by dropping the local share from 98% to 90% over a two-year period. In another words, the county boards of education will be receiving more money. Working with our locals, we will be developing salary campaigns to grab a share of the increased funds as we believe a majority of these funds should be used to address salaries. In addition, the bill addresses the problems of our growth counties. Under the bill, those counties with a three year average growth of 2% or more will receive, through a formula, an increase in funds. 
This will help our growth counties where they are struggling maintain pace with the rapid school
enrollment growth.  Such counties, such as Berkeley and Jefferson, could receive almost $500,000 and $200,000 respectively in additional funding under the provisions of this bill.  AFT-WV hopes that this bill will be the key to our efforts to increase salaries at the county level. 

Other issues:
-Mileage Reimbursement – SB 100 requires that local school boards reimburse mileage to school employees using their own vehicle for work related travel.  The reimbursement rate can be no less than the state rate, currently at 44.5 cents per mile.  This legislation was an outgrowth of AFT-WV efforts over the last two years.

-Early Notification of Retirement – SB 599 codifies the practice whereby county boards of education can pay $500.00 to any school employee who gives notification of retirement, not a resignation prior to February 1 of a given year.  This codifies what was already in practice in many counties.  The legislation allows counties to offer this benefit to service personnel.

-Employment of Retirees – HB 2105 extends the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.

-Teaching Certification - HB 2585 mandates that the state board, in consultation with the teacher preparation programs within the institutions of higher education in this state, shall develop a proposal for the application of equivalent state approved professional development toward the renewal of a professional teaching certificate. The state board will then submit the proposal to the legislative oversight commission on education accountability on or by January 1, 2008.
                -HB 2588 specifies that reimbursement for courses completed toward certification renewal is limited to fifteen semester hours of courses for any teacher and that funds will be applied first to those teachers seeking an endorsement or certification renewal in a shortage area.

-Technology – SB 603 establishes a 21st Century Tools for 21st Century Schools Technology Initiative. Under the bill, a West Virginia 21st Century Strategic Technology Learning Plan is required with required areas to be addressed.

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