Transcript School Personnel Law for New, Aspiring, or Curious

A Briefing for School Board
Members: New West Virginia
Legislation Affecting Public
Education
West Virginia School Board Association
June Workshop ’09
Stonewall Resort
Howard Seufer, Jr.
[email protected] 304-347-1776
The Education Law Group at Bowles
Rice McDavid Graff & Love
Primary Attorneys
Adjunct Attorneys
Greg Bailey - Morgantown
Rick Boothby - Parkersburg
Howard Seufer - Charleston
Rebecca Tinder - Charleston
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
Kim Croyle - Morgantown
Ashley Hardesty - Morgantown
Legal Assistants
Sarah Plantz - Charleston
Dianne Wolfe - Parkersburg
Some School Law Resources
To Help You Keep Up-toDate All Year Long
“School Laws of West Virginia”
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Beware! The latest edition and its CDROM are already out of date!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-Updates
E-Newsletter Mailing List
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E-Newsletter Mailing List
Send an email to Sarah Plantz:
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[email protected]
Tell Sarah:
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Who you are
Your position in public education
Your school board’s name
That you want to receive the E-Newsletter
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It’s a Difficult Job, But Somebody Has to Do
It: Realigning the Professional Employee
Workforce for School Year 2009-10
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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
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November 5, 2009 – Charleston
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The Construction Zone: Everything You
Wanted to Know About School Facility
Construction Law & Dispute Resolution
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December 2, 2009 – Charleston
December 9, 2009 - Morgantown
Signature Series E-Invitation List
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Signature Series E-Invitation List
Send an email to Sarah Plantz:
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
[email protected]
Tell Sarah:




Who you are
Your position in public education
Your school board’s name
That you want to receive Signature Series EInvitations
Caution!
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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!
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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
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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 Legislation
A.
B.
C.
D.
E.
F.
G.
Students
Safe Schools
Personnel
Finance
Business
Public Officials
Retirement
Students
Senate Bill 398
Restrictions on Graduated Driver’s
Licenses
(In Effect July 10, 2009)
Current Law
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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
New Law
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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
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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.
New Law
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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
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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 oneyear conviction-free driving
criteria for early eligibility for
a Level Three license
New Law
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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
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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 498
Early Childhood Education
(In Effect April 11, 2009)
Reporting
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Before July 1 of each school year after 2012-2013,
each county board must report to DHHR Secretary
and State Superintendent:
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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:
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documentation that the county equitably distributes funds
for all children regardless of setting
Quality Rating & Improvement
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Requires DHHR Secretary to
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establish a plan for phased implementation (starting July 1,
2011) of a statewide quality rating and improvement system
covering
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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 System
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4-star rating system that easily communicates to
consumers
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4-level program standards for registered homes and
licensed programs
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One star: meets minimum acceptable standards
Four stars: meets the highest standards
Only mandatory level: Level 1 (basic state registration and
licensing requirements)
Accountability measures to assess compliance
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Evaluations, observation/assessment tools, annual selfassessments, model program improvement planning to help
in improvement
Rules for the reduction, suspension, or disqualification of
programs from the system
Possible Pilot Programs
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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
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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 1001
Critical 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”
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For students in grades 3 and 8 who
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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
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during the instructional day, and
after the instructional day, and
during the summer
State Board of Education
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Enact rules to
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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
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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
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Summer program may be made a condition of
promotion for a third or eighth grader
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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 109
Innovation Zones
(In Effect July 1, 2009)
[Note: This bill was not yet signed by the Governor when this
presentation was prepared]
Purpose
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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
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Only within designated zones, and under
approved innovation zone plans
Exceptions cannot be granted to
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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
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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
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An innovation zone may consist of
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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
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State Board rules will govern
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Must describe innovations to be instituted
Must estimate affected employees
(Designating Innovation Zones)
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Step One: Secret ballot special election by affected
regular employees
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Special panel calls meeting, conducts election, certifies
vote
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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
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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
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Minimum plan contents
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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)
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Step One: 80% approval in special election
by affected employees
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Conducted exactly like the zone designation
election by affected employees
Step Two: Submission to county board and
superintendent
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Board and superintendent must report support
and/or concerns in 60 days
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Reports go to principal, faculty senate, LSIC
(Approving Innovation Plans)
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Step Three: Approval by both the State
Superintendent and State Board
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Approve or disapprove
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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)
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Step Four: If the plan requests exemption
from any West Virginia statute, the exemption
must be approved by Act of the Legislature
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First the plan must be submitted to LOCEA
LOCEA makes a recommendation to the
Legislature
Additional Provisions
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Employee Transfers
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“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
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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
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State Board may then revoke zone designation or plan
approval
Annually reports to LOCEA on all innovation zones
(Additional Provisions)
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Higher Education Institutions
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May establish innovation zone schools
State Board to establish process
Students attending the school
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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 3083
Blood Donations by 16-Year-Olds
with Parental Consent
(In Effect June 24, 2009)
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Current Law
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New Law
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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
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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
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Safe
Schools
House Bill 2952
Terroristic Threats
(In Effect July 7, 2009)
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Current Law
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New Law
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Any person who
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Any person who
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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
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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
Personnel
Senate Bill 1006
Hiring, 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
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Old Law
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Must give notice to the
county board on or
before February 1
No guidance on posting
position or retracting the
year-end retirement
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New Law
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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
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Old Law
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Must deliver written
resignation on or
before the first
Monday in April
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New Law
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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
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Old Law
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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
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New Law
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Must vote on or before
February 1
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
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Old Law
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On or before the first
Monday in April
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New Law
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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
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Old Law
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On or before the first
Monday in May
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New Law
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On or before March
15
Deadline: Board’s Acceptance of
Superintendent’s List of Probationary
Employees to Be Awarded Another
Contract
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Old Law
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On or before the first
Monday in May
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New Law
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On or before March
15
The New Deadlines
Early notice retirement
December 1
Year end resignation
February 1
Vote: RIF terminations
February 1
Advance Notice: Transfer
February 1
Vote: Transfer list
March 15
Vote: Probationary list
March 15
Additional Provisions
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Teaching certificates may be issued to noncitizens
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
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employable professional personnel, and
recent graduates of teacher education programs
who have not yet attained certification
House Bill 2566
Malicious Assault and Battery
(In Effect July 10, 2009)
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Makes it
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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
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Current Law
Protects:
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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
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New Law
Protects:
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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 3146
Seniority Rights for Service
Personnel
(In Effect July 10, 2009)
Current Law: Consider Applicants for
Posted Service Vacancies in This Order
1.
Regular service personnel
A.
B.
2.
3.
4.
5.
currently employed in the classification category of the
vacancy
currently employed in another classification category
Service personnel whose employment has been
discontinued in a RIF
Professionals who held temporary service jobs
before 7/29/72 & apply for such positions
Substitute service personnel
New service personnel
New Law: Consider “Qualified” Applicants in
This Order
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Regular personnel holding a title in the classification
Personnel whose employment has been RIFdiscontinued who have held a title in the classification
Regular personnel who do not hold a title in the
classification
Personnel whose employment has been RIFdiscontinued 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 Side
Regular service personnel
1.
A.
B.
2.
3.
4.
5.
currently employed in the
classification category of
the vacancy
currently employed in
another classification
category
Service personnel whose
employment has been
discontinued in a RIF
Professionals who held
temporary service jobs
before 7/29/72 & apply for
such positions
Substitute service
personnel
New service personnel
1.
2.
3.
4.
5.
6.
7.
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 “Seniority” Right: Aides
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“The assignment of an aide to a particular position
within a school is based on seniority within the aide
classification category if the aide is qualified for the
position”
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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: Custodians
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“Assignment of a custodian to work shifts in a school
or work site is based on seniority within the
custodian classification category”
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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 multiclassifications 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?
Finance
Senate Bill 243
General 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
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(Senate Bill 243)
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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
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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)
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The bond resolution
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need not set forth:
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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)
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Allows issuers to
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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 2530
Public 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

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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,
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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
Business
Senate Bill 464
PEIA 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 492
PEIA 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 481
Providing 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 3313
Depositories 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 537
Workers’ 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
Officials
Senate Bill 258
Local 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 2869
Post-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 3208
Appointing County Superintendents;
County Board Member Training
(In Effect July 9, 2009)
Appointing Superintendents

Current Law

New Law

Appointment of the
county superintendent
must be made on or
before June 1 for a
term beginning on the
ensuing July 1

Appointment must be
made between January
1 and June 1 for a term
beginning on the
ensuing July 1

No provision as to how
early the appointment
could be made
Superintendent’s Compensation

Current Law

New 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

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 Superintendents

Current Law

New Law

May appoint interim in
the event of a vacancy
in the superintendency
that results in an
incomplete term

May appoint interim in
the event of a vacancy
in the superintendent
resulting in an
incomplete terms

Limitation: An interim
may serve for no more
than 120 days from
occurrence of vacancy


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 Superintendents

Current Law

New Law

No provision for appointing
an acting superintendent if
superintendent is
incapacitated

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 Appointments

Current Law

New Law

Immediately upon
appointment of
superintendent or
interim superintendent,
Board president must
certify appointment to
State Superintendent

Same, plus Board
president must now
also immediately certify
to State
Superintendent:

appointment,
reappointment, or
appointment termination
of the acting
superintendent
School District Report Cards

Current Law

New Law

The report cards include
indicators data for each
school and in the
aggregate, and also:

All the same information as
before, plus




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

The number of hours of
training meeting State
Board standards that board
members received during
the school term reported
Board 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-Elect

Under the new law, they must:


Be citizens and residents in the county
Hold a high school or GED diploma



Not be employed by the Board as teacher or service persons
Not engage in the following political activities:




unless they took office before May 5, 1992
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
Members-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 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
Retirement
House Bill 2703
State 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 2734
Minimum 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 2870
Extending 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
today!
And thank you for all you do to
education our children and keep them
safe