Latest news with #PerryBennett
Yahoo
14-05-2025
- Politics
- Yahoo
West Virginia school board will pursue lawsuit after lawmakers get authority over education rules
The West Virginia Capitol in Charleston, (Perry Bennett | West Virginia Legislative Photography) The West Virginia Board of Education will pursue litigation over a recently-passed bill that gives lawmakers the ultimate authority over school board policies. The Republican-backed measure was designed to trigger litigation for a likely review by the state Supreme Court that will favor lawmakers' side. The Legislature signed off on the bill earlier this year despite a clear voter rejection of a similar proposal three years ago. It became law last month without the governor's signature. 'I move that the board pursue litigation to contest the constitutionality of House Bill 2755 regarding the board's independent policy making authority,' said State School Board President Nancy White, who announced the legal challenge Wednesday at the board's monthly meeting in Charleston. No other comments were made by board members about the litigation. Bill sponsor Del. Mike Hornby, a Republican from Berkeley County, said he expected a legal challenge to the bill. He believes lawmakers have constitutional authority to intervene in education and noted the state's near-bottom ranking in academic outcomes. 'I hope we will come out with the right decision here, and I look forward to the results,' he said. The bill requires that all legislative rules enacted by the state board must first be authorized by the Legislative Oversight Commission on Education Accountability, a lawmaker committee known as LOCEA. The proposed rules would then be submitted to the full Legislature for review. 'I think the point of the bill is to work with the Department of Education,' Hornby said. 'A lot of people keep saying we want control — it's not the intent.' In 2022, West Virginia voters rejected a constitutional amendment that would have given the Legislature authority to review and approve the state board of education's rules and policies. Fifty-eight percent of voters were against it. Opponents of this year's legislation consistently argued that it was ignoring West Virginians' decision on the matter and injecting politics into classrooms. Hornby also said he sponsored the bill because he wanted the West Virginia Supreme Court to revisit the issue. The state school board has independent authority to oversee schools. The state Supreme Court upheld this in 1988 in West Virginia Board of Education vs. Hechler, determining that the state Board of Education has the 'general supervision' of schools under the Constitution. Any statutory provision that interferes with authority and rule-making is unconstitutional, the opinion read. 'A lot of people think that decision was wrong,' Hornby said. 'That's why I figured we'd do this, and that's why we got a lot of sponsors.' Ten other House Republicans sponsored the measure, including House Education Committee Chairman Joe Ellington, R-Mercer. During bill debate, Democratic lawmakers predicted that the bill would likely result in a lawsuit. They argued — like the state school board — that the measure wasn't constitutional since the state Supreme Court had already ruled on the matter and the proposed amendment was defeated by voters three years ago. Hornby said money spent on the case would be 'well spent' if it fixes the education system. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
14-04-2025
- Politics
- Yahoo
Morrisey signs Republicans' ‘Parents' Bill of Rights' measure
The West Virginia Capitol in Charleston, (Perry Bennett | West Virginia Legislative Photography) Gov. Patrick Morrisey signed a bill on Monday codifying a 'Parents' Bill of Rights' for West Virginians. The Republican-backed measure says, 'The Legislature finds that it is a fundamental right of parents to direct the upbringing, education, care and medical care of their minor children.' More than 20 states — mostly red states — have similar legislation. 'We're just trying to make sure parents have the authority to raise their own kids here,' said bill sponsor Del. Jim Butler, R-Mason, when he presented the bill to House of Delegates members in February. Jordan Carpenter, legal counsel for the Alliance Defending Freedom, a conservative nonprofit, praised the governor for signing the bill. He said the legislation will ensure parents remain free to guide the upbringing of their children. 'Parents love and know their child best, and they have the right and duty to direct the upbringing and care of their children,' Carpenter said. 'In no world should the government intrude on parenting choices just because it disagrees with the parents.' House Bill 2129 includes language that a parent has a right to educate their child through homeschooling or in public and private school, and they can access and review all school records relating to his or her minor child. It also says parents have a right to make health care decisions for their child. It does not apply to a parental action or decision that would end life, like a minor accessing an abortion. West Virginia has a near-total abortion ban that includes a narrow exception for rape and incest, including for minors who are victims of rape and incest and can currently access an abortion up to 14 weeks. Del. Evan Hansen, D-Monongalia, opposed the measure when the House Judiciary Committee vetted it in February. 'What I object to is carving out abortion based on the religious beliefs of some people in this Legislature, even though there are religions and parents who strongly disagree with that viewpoint,' he said. 'If we're going to pass a bill that preserves parental rights, for parents to decide about medical care for their minor children, we shouldn't pick and choose.' It also excludes a parent seeking to access gender-affirming care for their child because the state Legislature nearly banned that type of care, including gender reassignment surgeries, for minors in 2023. The ban included a narrow exemption for children who are diagnosed with severe gender dysphoria who are at risk of self harm and suicide, and Morrisey could sign a bill — passed by lawmakers on the final day of the legislative session — that would eliminate that carve out. Medical professionals warned lawmakers that it will lead to increased child suicide risk or death. The bill does not authorize a parent to engage in child abuse or neglect, it says. While the legislation does not lay out any criminal penalties for entities that violate the law against parents, the measure can be used by parents in court as part of their defense in relevant cases. The bill will take effect in July. The House passed a similar bill in 2024, but it wasn't taken up by the Senate for consideration. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
12-04-2025
- Politics
- Yahoo
House approves dismantling WV Office of Equal Opportunity, opt to keep its director
The House of Delegates voted to approve a bill dismantling the West Virginia Office of Equal Opportunity on Friday, April 11, 2025. (Perry Bennett | West Virginia Legislative Photography) Lawmakers have signed off on doing away with the West Virginia Office of Equal Opportunity, opting to keep the office's director role within a state agency that will be tasked with protecting state employees from discrimination. But questions remain about how the office seemingly dissolved before lawmakers signed off on any changes, which is required. The OEO no longer has any dedicated employees or a director, which is required in state code. A website for the office was taken down. A spokesperson for the Department of Administration, which now oversees the OEO's work, hasn't responded to questions from West Virginia Watch about what happened. Gov. Patrick Morrisey told reporters on Monday that he didn't know all the details, but was going to 'make sure everything is done the right way.' The OEO was tasked with complying with federal disability rights and investigated discrimination and harassment claims from public employees. 'All of the suites are still currently housed in the Department of Administration and are still being taken care of,' said Del. Chris Phillips, R-Barbour. The federally-required reports are still being filed, he said. While vetting a Senate bill meant to dismantle the OEO, members of the House Committee on Government Organization last week learned that the office was already likely disbanded, possibly violating state code by not having lawmakers' required approval. Following that meeting, the committee amended the Republican-sponsored bill to now continue the position of the OEO coordinator within the Department of Administration. The office would still be repealed, according to the legislation. The House approved the amended bill on Friday with a vote of 90-9. All House Democrats voted against the measure, citing concerns that it still wasn't clear what had happened to the office. 'During the committee process, we learned that the office was eliminated obviously without our authorization,' said Del. Hollis Lewis, D-Kanawha. Sheryl Webb, director of the state Division of Personnel, declined last week to tell House committee members who had directed the division to begin dismantling the office. She did say the change was partially spurred by Morrisey's executive order mandating that government agencies find efficiencies and eliminate waste. Eliminating the OEO would save $125,000 in salaries plus $41,250 in benefits, she said. Bill sponsor Sen. Patricia Rucker, R-Jefferson, also said the bill was in an effort to streamline state government since the work was already being done by the Division of Personnel. The Senate approved the bill March 29, and they'll have to concur with the House's vote on the measure before it goes to the governor's desk for consideration. During a press conference on April 7, Morrisey said, 'One of the things that we're charged with doing is protecting taxpayers and driving efficiencies.' 'I'll go back after this and make sure that we're taking the steps and figure out if there's areas where we need the authority to change, then certainly we'll go to the Legislature and ask for change,' he continued. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
11-04-2025
- Politics
- Yahoo
WV House passes bill exempting 14- and 15-year olds from work permit requirement
The West Virginia House of Delegates passed Senate Bill 427, which would allow 14- and 15-year-olds to work without getting permission from school superintendents, on Friday, April 11, 2025. (Perry Bennett | West Virginia Legislative Photography) West Virginia 14- and 15-year-olds seeking employment would no longer be required to have a work permit under a bill approved by the House of Delegates Friday morning. Delegates passed Senate Bill 427 with a 91 to 9 vote. The House's nine Democrats voted against the bill. There was no discussion on the bill prior to Friday's vote. The minimum legal age to work in West Virginia is 14. Current state law requires 14- and 15-year-olds who want to work to get a permit from their school superintendent. The permit includes age certification, a commitment by the employer to employ the child legally, a description of the work the child is applying to do, a signature by the child's principal saying that they're attending school and parental consent. Under Senate Bill 427, employers seeking to hire the teenagers would be required to obtain an age certificate verifying the child's age from the state Division of Labor and the written consent of the child's parent or guardian. The age certificate would include the child's age, name and date of birth, as well as information about the job they're seeking, among other things. Sen. Rollan Roberts, R-Raleigh, chairman of the Senate Workforce Committee said the legislation is meant to simplify kids' ability to work. 'We're going into vocational training more and more in our public schools, and this provides a way that we're not tasking the local county superintendents with having to approve the work permits instead going with the age permits,' Roberts said. 'Fourteen and 15-year-olds can already work, but this will now allow the parents to make that decision.' Opponents of the legislation say that eliminating work permits may lead to children being exploited. Kelly Allen, executive director of the West Virginia Center on Budget and Policy, said in a statement that work permits are vital protection for children and families to help ensure compliance with child labor laws. Research shows that child labor violations are lower in states that require them, she said. 'While Senate and House committees certainly improved the legislation via amendments from the extremely dangerous introduced version, the final product is unnecessary at best and harmful at worst,' Allen said. 'We will closely follow the implementation and impacts of this legislation to ensure youth workers are protected.' Roberts disagreed with concerns, saying that federal child labor laws still have to be followed. 'So no, they won't be working in coal mines and with heavy machinery and all these kinds of things,' Roberts said. 'Basically, what I envision is that we're helping the kids at entry level to get into the workforce.' He added that the 18 to 24 age group is the lowest performing age group for workforce participation. The bill will next go back to the Senate to approve any changes in the bill the House made. After that, it will go to Gov. Patrick Morrisey's desk for approval. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
08-04-2025
- Politics
- Yahoo
WV House Finance cuts $1.2M in school safety funding, says counties can afford to pay for it
Members of the House Finance Committee discuss the budget bill on March 31, 2025, at the State Capitol in Charleston, (Perry Bennett | West Virginia Legislative Photography) The House Finance Committee stripped $1.25 million in school safety funding, saying that counties have millions of dollars in excess funds to pay for things like weapon detection systems and secure front entries. School leaders have told lawmakers that they don't have $258 million needed for school safety upgrades. While there's been an uptick in school threats in West Virginia, a state education department report last year showed 272 schools still don't have safe school entries — also known as mantraps — that include two interlocking doors and a control system. 'We've been blessed that we haven't had an incident, but that doesn't mean necessarily there won't be,' said Mickey Blackwell, executive director of the Association of Elementary and Middle School Principals. 'It's very disappointing to think that at any time we would say we need less money for children's safety.' The House of Delegates and Senate have proposed millions of dollars in school safety funding in their respective budgets for fiscal year 2026, and the budget bills are currently in negotiations as the Legislature winds down in its final week. The House Committee on Finance Monday morning removed an appropriation of $1.25 million in House Bill 3369 that was for school safety measures and to be used by the end of the current fiscal year, according to the original measure. The funding was requested by Gov. Patrick Morrisey. Del. Clay Riley, vice chairman of the committee, said lawmakers heard testimony that the county school board have unencumbered assets of $784 million. 'Now, they need to keep some of that back for reserve, but I don't think this modification … will impact the ability to provide safe schools. There's money in the county, and therefore I'm going to support it,' said Riley, R-Harrison. Del. Joe Statler, R-Monongalia, said counties keep asking lawmakers for additional funds instead of taking care of their safety upgrades. 'I wanted it to be noted that if you look, they've got some pretty healthy war chests in some of these counties that could be addressing some of these safety concerns,' he said. 'I just want that to be known out there that this is something that needs to be addressed.' School finances are in trouble due to the state's declining population and students exiting public schools to use the state's education voucher program, the Hope Scholarship. Counties' financial contributions to schools — levies, taxes and more — haven't been able to cover the bulk of safety needs. The state school board declined to comment. A spokesperson for Morrisey told West Virginia Watch, 'Budget negotiations are ongoing and Gov. Morrisey is ready to work with the House and Senate to pass a balanced budget that funds his priorities and supports the needs of West Virginians.' Dale Lee, president of the West Virginia Education Association, said the number of school Reduction in Force notifications across the state show that counties don't have excess funds. 'Many of our counties face financial difficulties,' he said. 'There may be a few counties that have some money for that, but I would venture to say a large majority of our counties don't have the funds to sustain … You can't put a price on our student safety.' Blackwell added, 'I've never heard anyone say that, 'We have extra money to waste on school safety.' Most of our counties are working very hard to break even.' The bill now only appropriates nearly $600,000 in a surplus fund that counties or charter schools could access should student enrollment exceed estimates. Lawmakers are advancing other measures aimed at school safety, like House Bill 2164, sponsored by Statler, that would allow public and charter schools, along with private and religious schools, to employ school safety officers. The SSOs must be former law enforcement officers and may carry firearms; they could detain but not arrest a suspect, according to the legislation. Some researchers have said that an investment in student support services, including counselors and social workers, is what will ultimately increase school safety. A measure, House Bill 3209, also sponsored by Statler, would require counties to employ at least one school counselor for every 250-300 students in elementary school and 400-450 students in high schools. House Bill 2187, which would have allowed public school teachers to carry concealed firearms, remains parked in the House Judiciary Committee. The legislation was meant to bolster school safety. SUPPORT: YOU MAKE OUR WORK POSSIBLE
