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Hot Potato: Delegates to take up bill

CHARLESTON — As members of the West Virginia Senate met into the early evening Friday, voting amendments up and down for their sweeping education reform package, the speaker of the House of Delegates was watching and listening from the back of the Senate chambers.

If Senate Bill 451, the education omnibus bill, passes Monday, it is Speaker Roger Hanshaw and members of the House of Delegates who are going to inherit the bill, the drama and the controversies.

“We, too, have been following developments in the state Senate and will deliberately review any legislation they send our way,” the Clay County Republican said in a statement released in anticipation of passage of SB 451. “Meanwhile, we continue to have discussions with our members and other interested parties about how best to improve our state’s education system. We have and will continue to accept input from all sides, including teachers, parents, administrators and teacher and service employee unions.”

SB 451 is the Senate Republicans attempt to reform the educational system in West Virginia. It gives raises, more flexibility in hiring and paying teachers of certain disciplines, greater access to additional funding for counties and more educational options outside of public schools including allowing charter schools.

Senate Democrats on Friday moved to remove several key parts of SB 451, including charter schools, education savings accounts and the nonseverability clause which would render the entire bill invalid if any part is successfully challenged in court.

The bill is opposed by the teachers and service personnel unions, which are taking strike-authorization votes this coming week, and Gov. Jim Justice said he would veto the legislation if passed as is.

Nearly a year after teachers and school service personnel walked out, delegates never thought they would never again see another strike. But as the Senate prepares to send over the controversial legislation, school employees are preparing to vote to give their state unions the authority to call for a new walkout.

“I never foresaw this coming down the road,” said House Finance Committee Chairman Vernon Criss, R-Wood, whose daughter is a school teacher. His committee could be one of at least two house committees to look at the education omnibus bill.

Criss said Republican House members have been trying to keep up with the 137-page bill since its debut on Jan. 24, but with so many provisions, it’s been a hard task. It’s especially difficult as the House and its committees are working their own bills, he said.

“We’re not sure what’s in it,” Criss said. “We’re having a difficult time trying to follow it. There are too many moving parts. There are too many opinions out there on what is actually there or not there. We just have to wait and see. The concept seems to be pretty broad.”

House Education Committee Chairman Danny Hamrick, R-Harrison, said it’s far too soon to predict what House Republicans will do with SB 451.

“Mostly we’ve been waiting to see what final version of the bill comes from the Senate before we start working on it,” Hamrick said. “There’s probably some small changes that will be needed to clarify the bill. Then we have to get a feel from House members, what’s likely to pass out of the House, and what has the support to pass and make whatever necessary amendments there are.”

Members of the House Democratic caucus are clearer about their thoughts on SB 451.

Some want to see the legislation broken into smaller bills. Some don’t want to see the legislation at all.

“It’s my hope that it goes nowhere here in the House,” Joe Canestraro, D-Marshall, said. “I don’t see either caucus leaving it as is. I think what you’re going to see is cooler heads prevail over here in the House. If it does run over here, changes will be made.”

Delegate Shawn Fluharty, D-Ohio, the minority vice chairman of the House Judiciary Committee, questions the bills constitutionality.

“I don’t believe it’s constitutional,” Fluharty said. “The bill should be voted on by the individual merits within the bill and not just this monstrosity we currently have. (The Senate) is doing this on purpose and it’s a political game. It’s not done for good policy, it’s done for politics.”

“We’re not big fans of this bill regardless,” said Delegate Sammi Brown, D-Jefferson. “We’re not even sure you can amend out how regressive this particular bill is and was.”

Brown, who is among the newly-elected delegates and a member of the new Democratic Women’s Caucus, had an opportunity to speak to teachers, administrators and students at a rally in front of the Senate Chamber on Thursday.

Speaking the next day, Brown said several of the provisions of SB 451, including additional penalties for work stoppages, are punitive measures to dissuade teachers from striking again.

“We had beautiful demonstrations during the walk-out last year,” Brown said. “As far as I’m concerned, that kind of language in there was a personal attack. You shouldn’t be fiscally penalized for that sort of thing.”

House Majority Whip Paul Espinosa, R-Jefferson, was the previous chairman of the House Education Committee during last year’s strike. He said all the House can do is do a thorough review of the bill, but there is no way of determining what the House might do with it.

“We’ve been looking very closely at the various provisions of the legislation to better understand what they represent to give our members an opportunity to fully understand the provisions,” Espinosa said. “I think it’s clear there are some provisions that are less popular than others, but we’re trying to look very carefully at the legislation, allow the Senate to make its case for the various provisions, and work through that.”

Until the Senate passes the education omnibus and the House receives it, all delegates can do is wait for the bill to be put in their laps.

“Again, I think everyone needs to be patient before anyone does anything they regret,” Criss said. “Let’s see what we can mold together.”

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