Legislation to Limit Time the State Can Intervene in County Schools Advances

Periodically, inspectors from the state’s Office of Education Performance Audits (OEPA) arrive in a county and a school district to perform an audit. Typically, they have been informed of serious problems which exist in the county ranging from failing infrastructure, poor student test scores and/or financial issues.

Once it is determined that the problems are too great for the county to handle on their own, the state steps in and takes control of the school district. A takeover is composed of the commandeering of day-to-day control of district operations and decision-making in an unsuccessful or failing school district. This includes the school finances, personnel, school calendars and curriculum.

Last May, following over a decade of oversight and control by the West Virginia Board of Education, control of the McDowell County school system was returned to county school administrators. Lawmakers in the House of Delegates believe there can be a more efficient way of doing this to include the local school authorities in the planning and implementation of the corrective measures to improve school performance.

House Bill 4336 would state that once the state school board intervenes in the operation of a county school system or directly in the operation of a school, they could not intervene for more than five consecutive years. At the end of the five year period, the state board would relinquish control of the school system or school back to the county board.

The bill also states that during any period where the state school board intervenes in the operation of a county school system or school, it would be required that the county board be actively involved in the intervention and improvement process to assure sustained success of any deficient school system or school.

At a minimum, the county board would be required to work in tandem with the county superintendent to gather, analyze and interpret data, write time-specific goals to correct deficiencies, prepare and implement action plans and allocate or request from the state board of education the resources, including board development training and coaching, necessary to achieve and sustain the required improvement and sustained levels of achievement expected of the county education systems.

Another important aspect of this proposed legislation would state that once control of the county school system or school has been returned to the county board from the state board of education, the state board could not intervene again for a minimum of three years unless a public hearing is held in the affected county and the concerns of the citizens in that county are heard

The lead sponsor of the bill, Delegate Justin Marcum, represents another county affected by a state takeover of their county school system.

“Residents of Mingo County are extremely frustrated at the state Board of Education’s insistence on maintaining control of the county school system despite still not producing the desired improvements,” Marcum said. “This bill will correct that.”

Delegate Marcum has noted the bill is generating much interest at the Capitol because so many counties have experienced the same problem.

“We can’t even buy a pencil without state approval, and that is simply unfair and unjust,” Marcum said.

The bill passed the House of Delegates by a 95-1 vote and now is under consideration in the Senate.

Initiative Hopes to Reduce Obesity Related Illnesses

With the 2013 passage of the Feed to Achieve Act, the Senate has followed up by introducing the West Virginia Move to Improve Act, or Senate Bill 455, in an effort to battle childhood obesity. According to a 2009 study, adult obesity costs West Virginia $8.9 million per year, while childhood obesity equates to $198.1 million in Medicaid costs. These obesity rates result in West Virginia having some of the highest rates in type 2 diabetes, coronary heart disease, stroke, hypertension, arthritis, and obesity-related cancers. The Move to Improve Act would strengthen physical activity requirements, train instructors to provide encouragement for a healthier lifestyle, and providing healthy meals for students.

Current West Virginia law requires elementary school students to have 30 minutes of physical education at least three days a week. Moderate to vigorous exercise is recommended for 50 percent of class time, but the West Virginia Medical Journal found that these classes provide this for less than 27 percent of time. This bill would increase the requirement to a minimum of 30 minutes per day spent on physical activity, with a required 50 percent of that being moderate to vigorous exercise time.

To ensure the increase in physical activity does not reduce time spent on other subjects, lead sponsor Senator John Unger (D-Berkeley) said this would be integrated into the classroom for an innovative learning experience. Teachers and staff would receive proper training on different ways to integrate physical activity into lessons and how to encourage this healthy lifestyle to become a lifelong habit. The bill would also require all physical education class be taught by a certified physical education teacher.

Along with physical activity, legislators are hoping nutritious meals and snacks will help West Virginia’s obesity rates. The Feed to Achieve Act from the previous session makes free, nutritious breakfasts and lunches available to all students through nonprofit donators. The money raised may be used in a variety of programs approved by the Office of Child Nutrition.

Legislators hope these initiatives will have a positive effect on education, physical and mental health and the economy. By being physically active and eating nutritious foods, a child’s mind is said to be more focused. Senator Ron Stollings (D-Boone) said the bill would take the proper steps to reverse obesity-related illnesses and create a healthier, less expensive lifestyle for the state of West Virginia. A study by the Institute of Medicine found a connection between physical activity and muscle strength, lower body fat, stronger bones, and improved cardiovascular and metabolic health. The study also found it resulted in reduced anxiety and depression, as well as an increased self-esteem.

According to Stollings, taking the proper measures now will help these children in the long run.

“The studies show that if you’re an obese as a child, you’re going to be obese as an adult,” Stollings said. “This goes a long way to help our childhood obesity and would help prevent type 2 diabetes, hypertension, arthritis—all those other things that come about when a child is obese.”

The Move to Improve Act has been passed by the Senate Committee on Health and Human Resources and is being considered by the Committee on Education.