West Virginia lawmakers have considered sweeping, punitive school discipline measures over the last two years in response to an increase in disruptive student behaviors. This issue is not unique to West Virginia—87 percent of public schools nationwide report that the pandemic has negatively impacted student socioemotional development. While teachers and schools certainly need more support to address student behavioral issues, policymakers must recognize the harms in failing to address the root causes of these behavioral issues as well as the disproportionate rate at which punishment policies fall on students of color.
House Bill 2890, enacted in 2023, sought to give sixth through twelfth grade teachers more discretion in school disciplinary decisions, mandating that students be suspended from school if removed from a classroom for “disorderly conduct” three times in a month.
Earlier this year, state lawmakers considered two pieces of legislation, Senate Bill 614 and House Bill 4776, that sought to expand House Bill 2890 to elementary grades, though neither were enacted.
Current data in West Virginia and around the country show that students of color, low-income students, students receiving special education services, male students, and LGBTQ students are disproportionately impacted by existing school discipline policies. These differences in how discipline is deployed cannot be reasonably explained by “worse” behavior among these students.
Exclusionary discipline aims to correct behavioral issues among students but does not address the root causes of these issues. These may include individual factors like physical and mental health and environmental factors such as a student’s school, family, and community.
Research shows that punitive disciplinary approaches negatively impact academic performance and increase the chances of excluded students repeating a grade, dropping out of school, or interacting with law enforcement and the criminal legal system.
House Bill 2890 took effect during the 2023-24 school year, and there is not yet publicly available data on its impact on disciplinary incidents. This data is essential for understanding the impact of recent changes and is expected to be available later this summer. In the meantime, by reviewing data from previous years, we can understand past use of exclusionary discipline in West Virginia public schools and forecast the impact of enacted and proposed changes.
During the 2022-23 school year there were nearly 148,000 school discipline incidents in West Virginia public schools. Over half were for minimally disruptive behaviors and over one-quarter were for disruptive and potentially harmful behaviors.
During the 2022-23 school year the actions used by schools to address student behavior varied greatly. The five most used actions were detention, in-school suspension, out-of-school suspension, administrator/teacher and student conference, and loss of privileges. Holistic actions like supportive interventions and referral for other services were used less than two percent of the time.
In-school and out-of-school suspensions were each used over 20 percent of the time to address student behavioral issues, which led to significant learning opportunity losses. The average length of in-school suspensions was about 1.6 days and the average length of out-of-school suspensions was about 3.5 days.
To put this in perspective:
Exclusionary discipline is not equally applied across race and ethnicity. Black students only make up about four percent of the total student population but account for about nine percent of in-school and out-of-school suspensions. Black students also receive longer average lengths of suspensions.
Research shows that suspension contributes to negative academic performance such as lower grades and lower graduation rates. In West Virginia, this impact is made clear through racially disparate graduation rates, drop-out rates, and proficiency in study subjects.
By using exclusionary discipline like suspensions, West Virginia policymakers are only addressing the symptoms of a larger problem rather than the underlying need. To better address behavioral issues while prioritizing education and equity, we must aim to reduce the use of suspension, particularly among Black students.
West Virginia schools must also prioritize prevention over intervention. Prevention-based practices can reduce discipline issues among students while improving academic achievement and cultivating a safe and supportive school environment. Our schools can adopt a prevention-based approach by increasing the use of holistic and restorative practices like culturally competent education, diverse educators, referral to counseling or psychology services, and supportive interventions like social and emotional learning.
Once data for the 2023-24 school year is available, we will be able to assess the impact of House Bill 2890 on West Virginia students and determine its impact on addressing student behavioral issues and on disparate use of discipline.
This information clearly signals the need for a shift from punishment to support so that we may better serve Black students and empower them with the skills and knowledge necessary to succeed. All West Virginia students deserve opportunities to learn and grow in an affirming, safe, and supportive school environment. To achieve this goal and cultivate a better future for West Virginia, we will need to invest in our students and staff through supportive and equitable legislation, funding, and resource allocation.
Read Tamaya’s full fact sheet.
Much of the hype around personal income tax cuts has centered on West Virginia’s competitiveness to attract people and businesses to the state. Because most interstate migration happens among border states, it’s worth taking a look at West Virginia’s competitiveness compared to our neighboring states. The data shows that while West Virginia’s tax environment is equal to or better than our neighbors’ even prior to 2023’s personal income tax cuts, our spending on public investments that families and businesses prioritize is where we fall short in regional competitiveness.
Tax Competitiveness
Each of West Virginia’s neighboring states levy a tax on personal income, as do the vast majority of states nationwide. Virginia, Ohio, Maryland, and West Virginia all have a graduated, marginal personal income tax, meaning that the rate of tax increases as income increases. All taxpayers get the lower rates on earnings below each marginal threshold, which means that all taxpayers–even those above $200,000–pay an effective tax rate below the state’s top tax rate of 5.12 percent.
Examining effective tax rates instead of marginal tax rates offers the best cross-state comparison. Even prior to 2023’s personal income tax cuts, West Virginia had equal to or below the average effective income tax rate of its neighboring states.
Looking at the personal income tax alone does not tell us much about the full impact of taxes on families. In addition to the personal income tax, households contribute via property taxes and sales taxes. States without personal income taxes tend to have much higher rates on both of those taxes–and by extension, much higher taxes on low- and middle-income households. West Virginia has among the lowest property taxes of any state, including those with personal income taxes.
Public Services Competitiveness
Where West Virginia stands out negatively in terms of border state competitiveness is our spending on public services. While policymakers have spent much time discussing the importance of investments in child care and public education in recent years, few new investments have actually been made.
West Virginia spends far less on child care per capita than our neighboring states (with the exception of Kentucky). In fact, our per capita state spending on child care is less than half that of Maryland, Ohio, Pennsylvania, and Virginia.
Research shows that access to high-quality child care boosts employment and earnings, reduces absenteeism and turnover, and increases productivity, all of which would positively impact our state’s economy. As such, underinvestment in child care in West Virginia is holding back our economic growth.
Similarly, West Virginia spends less per pupil on public education than our neighboring states (again, with the exception of Kentucky). The next closest state, Virginia, spends $1,200 more per student in state and local education spending.
Research also shows that increased per-pupil spending on public education increases graduation rates, boosts income in adulthood, and lowers the likelihood of future poverty. Failing to adequately invest in our public education system–which serves more than 90 percent of our state’s children–limits their future economic prospects and, by extension, that of the state.
Takeaways
With the exception of Alaska, which struck oil and was uniquely able to do so, no state with a personal income tax has been able to eliminate it entirely. Kansas came the closest in recent years, but had to quickly roll back efforts after tax cuts failed to boost business formation or job creation and resulted in deep cuts to state spending.
While anti-government organizations and advocates repeatedly point to tax cuts as a way to grow the state’s economy and population, that has not borne out historically, particularly in states where deep tax cuts led to the erosion of public services like in Kansas. That’s why West Virginia must focus on the quality of investments in public services that do attract people and businesses. If the state fails to invest adequately in schools, early childhood education, first responders, and infrastructure, we will be a less desirable place for businesses and families to locate, thus undermining the premise and goals of tax cuts as a magnet. Unfortunately, that is essentially what we are currently seeing in West Virginia, where the prioritization of tax cuts is keeping lawmakers from enacting broadly popular investments in public services that could make us more competitive with our neighboring states and more attractive to families and businesses.
Read Kelly’s full blog post.
West Virginia’s Department of Human Services (DoHS) is under scrutiny due to its handling of the Kyneddi Miller case. Last month, DoHS leadership announced that the department would be revising their child abuse and neglect screening process. A recent article, including insights from the WVCBP, provides further details. Excerpt below:
The West Virginia Department of Human Services will change how it screens referrals and manages cases involving child abuse and neglect. Child welfare leaders hope to better support families who may need assistance but not an investigation.
DoHS leaders last month told reporters that they were editing their abuse and neglect screening process amid questions of how DoHS handled the high profile case involving 14-year-old Kyneddi Miller.
The girl was found emaciated in her Boone County home in April.
West Virginia State Police shared a document and audio saying that they made a referral to a local Child Protective Services office about the girl in March 2023. The referral cited concerns for her mental health.
While state leaders maintained that DoHS did not have a recent referral for Miller, they also explained that a mental health concern would have triggered a response from Child Protective Services.
DoHS announced in a news release that the department partnered with nonprofit organization Evident Change to design and implement the new Structured Decision Making tool for its Centralized Intake for Abuse and Neglect system.
“This system will enable the department to better serve families in West Virginia, particularly in cases that do not meet the standards for abuse and neglect investigation but still require our attention and support,” said DoHS Cabinet Secretary Cynthia Persily. “This department’s goal is to provide a more tailored and effective response to the unique needs of each family in West Virginia, ultimately strengthening the community as a whole.”
The change will enable DoHS staff in making consistent, accurate and equitable decisions throughout their work with families, according to the release. It will also connect families with the greatest needs to resources.
West Virginia families are 2.3 times more likely than families nationally to be referred to child welfare, and a West Virginia Center on Budget and Policy report found poverty can be a driving factor more than abuse and neglect.
More than 3,500 calls were made to the CPS intake system in June, according to department data.
“We are excited to collaborate with Evident Change as this initiative represents a significant advancement in our efforts to ensure the safety and well-being of children and adults across West Virginia,” said Jeff Pack, DoHS Bureau for Social Services Commissioner. “By using the Structured Decision Making tool, we can make more informed decisions that will positively impact the lives of families in our communities.”
Read the full article.
Read the WVCBP’s 2023 report on improving child welfare in the Mountain State.
Governor Jim Justice recently encouraged West Virginia lawmakers to attempt to further reduce personal income tax rates, despite the income tax having already been cut dramatically in 2023. To further reduce income tax revenue would exacerbate fiscal strain on an already underfunded state budget. A recent article, featuring comment from WVCBP executive director Kelly Allen, offers further details. Excerpt below:
Governor Jim Justice wants to double down on tax cuts.
Justice recently held a ceremony to announce that general revenue collections for the just-completed fiscal year would reach a level to trigger another three to four percent reduction in the state’s marginal income tax rates.
Then the Governor surprised everyone when he said he wanted a special session of the Legislature to tack on an additional five percent reduction.
Legislative leaders were caught by surprise, and Senator Eric Tarr, the Senate Finance Committee Chairman and a budget hawk, was not pleased.
“The Governor dropped the bomb on us there on stage because we didn’t get a heads up, which tends to be his m.o.,” Tarr said during an appearance on Talkline last week. Tarr would have preferred a discussion ahead of time with Justice to hear his reasoning.
Tarr is worried that adding another $100 million in tax cuts on top of $90 million of scheduled tax reductions and $10 million in the phase out of the remainder of the state income tax on Social Security benefits, could put the state in a financial bind.
He predicted future state spending cuts that will be damaging and unpopular. “Either you’re going to have to go in and reduce spending that is so bloody that you can afford that… by bloody I mean it is going to be politically challenging and it will be a citizen uproar on some of those services,” he said.
Kelly Allen, Executive Director of the progressive West Virginia Center on Budget and Policy, is at the opposite end of the political spectrum from Tarr, but she is also worried about the impact of additional tax cuts.
“For the Governor to propose additional tax cuts when childcare centers are closing, public schools are losing support staff, and we face the worst child welfare crisis in the country is unthinkable,” Allen said.
Read the full article.
Many working families in the Mountain State suffer from being unable to either access or afford child care. A recent commentary details the current child care landscape in West Virginia and urges the state to ensure that existing child care providers receive the support needed to remain in operation. Excerpt below:
Gov Jim Justice announced recently that the state’s revenue collections for fiscal year 2024 were about $826 million above estimates.
The governor often brags about state surpluses and more money coming in than estimated — meanwhile, West Virginians are suffering because state agencies are underfunded.
There are many examples of this, but because Justice wants to tackle child care during a future special session, I’ll focus on that.
One big issue with child care in West Virginia is there aren’t enough providers. There are about 26,000 children under 6 years old who need but don’t have access to child care. Some counties don’t even have child care providers.
And let’s not forget that many parents struggle to afford child care, which can cost more than in-state college tuition in West Virginia.
There were some promising bills during this year’s legislative session — House Bill 5293 would have established a pilot child care program for low-income employees. Employees would only have to pay one-third of the total cost of child care, while the state and participating employers would pay the other two-thirds. It died in the House Finance committee.
Justice proposed a state tax credit equal to 50% of the allowed federal child tax credit. House Speaker Roger Hanshaw was the lead sponsor on HB 4879. It died in House Finance.
There was also HB 5051, which would have provided a tax credit for corporations for costs related to operating existing child care facilities, and HB 5052, which would have increased the tax credit for employers that provided child care for employees. They both — you guessed it — died in House Finance.
Only 26% of eligible West Virginia children in 2020 received federal child care subsidies under the Child Care and Development Block Grant, according to an analysis from the Center for Law and Social Policy. The analysis found that 73% more children could have been eligible in 2020 if West Virginia had raised its income limit, which is $31,992, to the federal limit of $51,724.
During the COVID-19 pandemic, the federal government had a program that helped provide child care subsidies, but it expired in September 2023. The former Department of Health and Human Resources decided to continue the program to offer subsidies to child care providers based on enrollment — this will expire in August.
Delegates tried to address that funding during the May special session. They were unsuccessful.
At least half a dozen states have programs that use federal funds to pay for child care for kids of early education workers. Supporters say it benefits the workers, the child care providers that have employee shortages and also the states’ economies — for many, a lack of affordable child care prevents them from working.
In neighboring Kentucky, all child care employees are eligible for free child care. It’s a perk that aids in recruiting much needed teachers.
A year after the program started, the number of children receiving state subsidies for child care went from around 17,000 to 40,000. About 3,600 of those are children of child care employees.
In West Virginia, 100% of child care providers received the American Rescue Plan funding, and 645 of those most commonly used the money to pay employees to keep programs staffed.
If that money runs out in August, the state can’t afford to lose the child care centers that depend on the funding to keep their doors open. The state’s $800+ million of extra revenue makes it possible to do something.
The Legislature failed to do anything during the 60 day regular session, and again during the May special session. For the sake of parents — and the children — let’s hope the third time’s a charm.
Read the full article.
The current system of reimbursing child care providers in West Virginia is based on the attendance of the child, not their enrollment. This approach often leaves providers at a financial disadvantage when children are absent due to illness or other reasons.
We urge Governor Jim Justice to call a special session that would focus on changing this reimbursement model.
According to the National Association for the Education of Young Children, stable funding based on enrollment rather than attendance can provide more predictable income for providers and support higher quality care. By adopting this approach, we can ensure that our child care providers continue offering their invaluable services without worrying about inconsistent finances.
Please join us in signing this petition and helping us advocate for a fairer reimbursement system for our West Virginia child care providers.
