MORGANTOWN – The House of Delegates made substantive changes to the Senate teacher strike and county health board bills Thursday, in preparation for passing both bills Friday and returning them to the Senate.
SB 11 is the strike bill. As it came from the Senate, it said county boards may not permit employees who participate in strikes or work stoppages to use accrued and equivalent instructional time to cancel days lost. Delivery of instruction through alternative methods does not apply and may not be used to cancel days lost.
The state Board of Education may not grant waivers to county boards for not meeting the 200-day minimum employment term or the 180-day instructional term if noncompliance results from a work stoppage or strike.
If an employee remains employed by a county board despite participating in an activity the state BOE determines to be grounds for termination, the county board must withhold that person’s pay for each day of participation. However, those days would be made up at the end of the year and the person would be paid for that time.
When work stoppages or strikes close schools, the schools may not hold extracurricular activities that day. On Thursday, Delegate Larry Rowe, D-Kanawha, proposed an amendment to strike this from the bill.
“It’s not fair and the effect is to punish the students,” he said of the provision. It punishes students for work stoppages caused by the adults and it punishes kids in other schools who may be participating in the canceled event, he said.
Education chair Joe Ellington, R-Mercer, rarely agrees with Rowe on the House floor but did this time and supported the amendment. “This is really about the kids.”
Delegate Marty Gearheart, R-Mercer, said he understood the intent of the amendment but said if illegal activity closes the school, the kids are being punished by not being in the classroom. The amendment indicates that extracurricular activities are more important than the school day and tells people that voiolating the law is OK because they can still run these events.
With the Republican majority, it’s also rare that a Rowe amendment to any bill succeeds, but this one was adopted in a 75-24 vote. All local delegates voted for it.
Health board bill
The health board bill — SB 12 — is opposed by county commissions and health boards across the state.
Health departments in West Virginia operate under the authority of counties or cities or some combination of both; the bill terms the counties and cities appointing authorities.
As it came from the Senate, the bill said when a health board adopts or amends a rule, the board must serve public notice and receive public comment. The language of the new or amended rule, along with the public comment, will be presented to the appointing authority for approval or disapproval of all or part of the new or amended rule.
If disapproved, the health board may revise and resubmit the rule. Existing rules are grandfathered unless they’re amended.
The Senate version also placed a member of the appointing authority on the health board as a non-voting member.
House Health Chair brought to the floor the Health Committee revision of the bill.
It removes the sentence placing an appointing authority member on the health board.
It removes the requirement for a public hearing on new or amended board rules. It reduces the time period for an appointing authority to approve, disapprove or amend a rule from 45 to 30 days. In cases of a combined board, if one county or city approves the rule and the other doesn’t, the rule only takes effect in the jurisdiction of the approving entity.
The House version also removes the option for a health board to revise and resubmit a disapproved or amended rule.
The House version adds that in the case of an imminent pubic health emergency, a new rule may take immediate effect but must be reviewed by the appointing authority within 30 days.
This amendment was adopted in a voice vote.
Both bills are up for third reading and passage Friday, along with SB 14, the alternative teacher certification bill, which was not amended Thursday.
TWEET David Beard@dbeardtdp
EMAIL dbeard@dominionpost.com
