West Virginia 2025 Regular Session Status: In Committee 7 R cosponsors

HB 3452 — Transferring administration of Advanced Career Education (ACE) classes and programs from county boards of education to community and technical colleges.

Last action — On 1st reading, House Calendar

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

132 added · 109 removed

Plain-language change summary

The updated version of HB 3452 clarifies the process for transferring the management of Advanced Career Education (ACE) classes from county boards of education to community and technical colleges. It now includes specific guidelines for collaboration between these entities, which will help ensure a smoother transition and clearly outline responsibilities related to facilities, equipment, and staffing. This change aims to enhance educational opportunities by streamlining administration and setting clear expectations for all parties involved.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced House Bill 3452 By Delegates Ellington, Statler, D.
CS for HB 3452 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for House Bill 3452 By Delegates Ellington, Statler, D.
Smith, Crouse, Pritt, Hornby, and Willis [Introduced March 17, 2025;
Smith, Crouse, Pritt, Hornby, and Willis [Reported on March 24, 2025 in the Committee on Education] CS for HB 3452 A BILL to amend and reenact §18-2-6, §18-2-10, and §18-9A-2 of the Code of West Virginia, 1931, as amended, to amend the code by adding one new section, designated §18B-2B-10, and to repeal §18-5-19b of the code, relating to transferring administration of Advanced Career Education classes and programs from county boards of education to community and technical colleges;
referred to the Committee on Education] Intr HB 2025R3852 A BILL to amend and reenact §18-2-6, §18-2-10, and §18-9A-2 of the Code of West Virginia, 1931, as amended, to amend the code by adding one new section, designated §18B-2B-10, and to repeal §18-5-19b, relating to transferring administration of Advanced Career Education (ACE) classes and programs from county boards of education to community and technical colleges.
removing and repealing conflicting statutory language related to county board administration of Advanced Career Education classes and programs;
adding a new section regarding the transfer of administration of Advanced Career Education classes and programs;
establishing timeline for mutual agreement between county boards of education and the community and technical college’s board of governors and effective date;
establishing guidelines for transfer or termination of programs;
requiring memorandum of understanding that establishes terms and conditions for use of facilities, transfer of us of equipment and supplies, personnel transfer and compensation, transfer provisions and retirement provisions;
requiring Chancellor of Community and Technical College Education to develop guidelines and provide technical assistance for smooth and efficient transfer;
and providing for dispute resolution by State Superintendent of Schools and Chancellor of Community and Technical College Education.
(1) The certificates of proficiency shall include specific information regarding the graduate’s skills, competence, and readiness for employment, or honors and advanced education and shall be granted, along with the diploma, to every eligible high school graduate.
(1) The certificates of proficiency shall include specific information regarding the 1 CS for HB 3452 graduate’s skills, competence, and readiness for employment, or honors and advanced education and shall be granted, along with the diploma, to every eligible high school graduate.
Provided, That the The State Superintendent of Schools, the Chancellor for the Council for Community and Technical College Intr HB 2025R3852 Education, the Chancellor of the Higher Education Policy Commission, and the Secretary of the Department of Commerce may designate additional programs that provide valuable workplace credentials and students enrolled in such programs shall also be considered adults enrolled in regular secondary programs in accordance with §18-9A-2(i) of this code.
Provided, That the The State Superintendent of Schools, the Chancellor for the Council for Community and Technical College Education, the Chancellor of the Higher Education Policy Commission, and the Secretary of the Department of Commerce may designate additional programs that provide valuable workplace credentials and students enrolled in such programs shall also be considered adults enrolled in regular secondary programs in accordance with §18-9A-2(i) of this code.
(1) This rule may provide for the waiver of other policies of the state board, the establishment and delivery of a nontraditional curriculum, the establishment of licensure requirements for alternative education program teachers, and the establishment of performance measures for school accreditation.
2 CS for HB 3452 (1) This rule may provide for the waiver of other policies of the state board, the establishment and delivery of a nontraditional curriculum, the establishment of licensure requirements for alternative education program teachers, and the establishment of performance measures for school accreditation.
(e) The state board shall establish up to five pilot projects at the elementary or middle school levels, or both, that employ alternative schools or other placements for disruptive students to learn appropriate behaviors so they can return to the regular classroom without further Intr HB 2025R3852 disrupting the learning environment.
(e) The state board shall establish up to five pilot projects at the elementary or middle school levels, or both, that employ alternative schools or other placements for disruptive students to learn appropriate behaviors so they can return to the regular classroom without further disrupting the learning environment.
and (3) If the waiver is granted, notwithstanding the provisions of §18-2-6(f)(1) of this code, the student graduating or passing the high school equivalency tests within five years shall be considered graduated.
and 3 CS for HB 3452 (3) If the waiver is granted, notwithstanding the provisions of §18-2-6(f)(1) of this code, the student graduating or passing the high school equivalency tests within five years shall be considered graduated.
(2) Precedence of the policies and procedures designated by the National Guard Bureau Intr HB 2025R3852 for the operation of the Mountaineer Challenge Academy special alternative education program;
(2) Precedence of the policies and procedures designated by the National Guard Bureau for the operation of the Mountaineer Challenge Academy special alternative education program;
For any other purpose, a student participating in the academy is considered withdrawn from the public school system;
For any other purpose, 4 CS for HB 3452 a student participating in the academy is considered withdrawn from the public school system;
For purposes of this subdivision, "tuition" means an amount equal to 75 Intr HB 2025R3852 percent of the amount allotted per pupil under the school aid formula.
For purposes of this subdivision, "tuition" means an amount equal to 75 percent of the amount allotted per pupil under the school aid formula.
(D) By the middle grades, students with growing skill deficits usually know they are behind other students and have good reason to feel discouraged.
(D) By the middle grades, students with growing skill deficits usually know they are behind 5 CS for HB 3452 other students and have good reason to feel discouraged.
Intr HB 2025R3852 (2) The Legislature further finds that the public schools should not be deterred from seeking and assisting with enrollment of students in an alternative program that helps remedy the discouragement, lessens skill deficits, and facilitates a successful return to public school.
(2) The Legislature further finds that the public schools should not be deterred from seeking and assisting with enrollment of students in an alternative program that helps remedy the discouragement, lessens skill deficits, and facilitates a successful return to public school.
(5) The alternative program includes an on-site boarding option for students;
6 CS for HB 3452 (5) The alternative program includes an on-site boarding option for students;
Intr HB 2025R3852 The State Board shall provide a program of adult basic education at each state community and technical college campus where developmental education services are provided in cooperation with the West Virginia Council for Community and Technical College Education and the institutional board of governors of each college.
The State Board shall provide a program of adult basic education at each state community and technical college campus where developmental education services are provided in cooperation with the West Virginia Council for Community and Technical College Education and the institutional board of governors of each college.
(b) "County board" or "board" means a county board of education.
7 CS for HB 3452 (b) "County board" or "board" means a county board of education.
(d) "Professional educator" shall be synonymous with and shall have the same meaning as "teacher" as defined in §18-1-1 of this code, and includes technology integration specialists.
(d) "Professional educator" shall be synonymous with and shall have the same meaning as "teacher" as defined in §18-1-1 of this code and includes technology integration specialists.
Intr HB 2025R3852 (f) "Professional student support personnel" means a "teacher" as defined in §18-1-1 of this code who is assigned and serves on a regular full-time basis as a counselor or as a school nurse with a bachelor’s degree and who is licensed by the West Virginia Board of Examiners for Registered Professional Nurses.
(f) "Professional student support personnel" means a "teacher" as defined in §18-1-1 of this code who is assigned and serves on a regular full-time basis as a counselor or as a school nurse with a bachelor’s degree and who is licensed by the West Virginia Board of Examiners for Registered Professional Nurses.
For the purpose of computations under this article of ratios of service personnel to net enrollment, a service employee shall be counted as that number found by dividing his or her number of employment days in a fiscal year by 200: Provided, That the computation for any service person employed for three and one-half hours or fewer per day as provided in §18A-4-8a of this code shall be calculated as one-half an employment day.
For the purpose of computations under this article of ratios of service personnel to net enrollment, a service employee shall be counted as that number found by dividing his or her number of employment days in a fiscal year by 200: Provided, That the computation for any service person employed for three and one-half hours or fewer per day as provided in §18A-4-8a of this code shall 8 CS for HB 3452 be calculated as one-half an employment day.
Intr HB 2025R3852 (2) (1) Students enrolled in early childhood education programs as provided in §18-5-44 of this code, counted on the basis of full-time equivalency;
[Repealed] (2) Students enrolled in early childhood education programs as provided in §18-5-44 of this code, counted on the basis of full-time equivalency;
(3) (2) A pupil may not be counted more than once by reason of transfer within the county or from another county within the state, and a pupil may not be counted who attends school in this state from another state;
(3) A pupil may not be counted more than once by reason of transfer within the county or from another county within the state, and a pupil may not be counted who attends school in this state from another state;
(4) (3) The enrollment shall be modified to the equivalent of the instructional term and in accordance with the eligibility requirements and rules established by the state board;
(4) The enrollment shall be modified to the equivalent of the instructional term and in accordance with the eligibility requirements and rules established by the state board;
and (5) (4) For the purposes of determining the county’s basic foundation program only, for any county whose net enrollment as determined under all other provisions of this definition is less than 1,400, the net enrollment of the county shall be increased by an amount to be determined in accordance with the following:
and (5) For the purposes of determining the county’s basic foundation program only, for any county whose net enrollment as determined under all other provisions of this definition is less than 1,400, the net enrollment of the county shall be increased by an amount to be determined in accordance with the following:
(B) Multiply the amount derived from the calculation in §18-9A-2(i)(5)(A) §18-9A-2(i)(4)(A) of this code by the difference between 1,400 and the county’s actual net enrollment;
(B) Multiply the amount derived from the calculation in §18-9A-2(i)(5)(A) of this code by the 9 CS for HB 3452 difference between 1,400 and the county’s actual net enrollment;
(j) "Sparse-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) §18-9A-2(i)(4) of this code, of the definition of "net enrollment", to the square miles of the county is less than five.
(j) "Sparse-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of "net enrollment", to the square miles of the county is less than five.
Intr HB 2025R3852 (k) "Low-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) §18-9A-2(i)(4) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than five but less than 10.
(k) "Low-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than five but less than 10.
(l) "Medium-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) §18-9A-2(i)(4) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than 10 but less than 20.
(l) "Medium-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than 10 but less than 20.
(m) "High-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) §18-9A-2(i)(4) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than 20.
(m) "High-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of "net enrollment", to the square miles of the county is equal to or greater than 20.
 (o) "Technology integration specialist" means a professional educator who has expertise in the technology field and is assigned as a resource teacher to provide information and guidance to classroom teachers on the integration of technology into the curriculum.
 (o) "Technology integration specialist" means a professional educator who has expertise in the technology field and is assigned as a resource teacher to provide information and guidance 10 CS for HB 3452 to classroom teachers on the integration of technology into the curriculum.
Intr HB 2025R3852 ARTICLE 2B.
ARTICLE 2B.
(1) The community and technical colleges and county boards of education shall make every reasonable effort to continue offering the programs transferred under the provisions of this section at their current locations to ensure continuity of services for students and the community.
(1) The community and technical colleges and county boards of education shall make 11 CS for HB 3452 every reasonable effort to continue offering the programs transferred under the provisions of this section at their current locations to ensure continuity of services for students and the community.
Any decision to terminate or relocate a program must take into account the best interests of students, taxpayers, the community, and the local career and technical education center.
Any decision to terminate or relocate a program shall take into account the best interests of students, taxpayers, the community, and the local career and technical education center.
These agreements shall establish Intr HB 2025R3852 the terms and conditions under which the transfer of programs, equipment, supplies, and personnel shall be conducted, and shall include, at a minimum, the following provisions:
These agreements shall establish the terms and conditions under which the transfer of programs, equipment, supplies, and personnel shall be conducted, and shall include, at a minimum, the following provisions:
(A) Any equipment and supplies utilized by the county career and technical education center for the delivery of programs or courses for high school students that were in effect prior to the effective date of this legislation may be retained by the county board of education.
(A) Any equipment and supplies utilized by the county career and technical education 12 CS for HB 3452 center for the delivery of programs or courses for high school students that were in effect prior to the effective date of this legislation may be retained by the county board of education.
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(A) The date of transfer for all employees of county boards of education whose primary duties involve the provision of classes and programs transferred under the provisions of this section shall be defined in the memorandum of understanding between the community and Intr HB 2025R3852 technical college within the consortium service district and the county board of education but shall occur no later than July 1, 2026.
(A) The date of transfer for all employees of county boards of education whose primary duties involve the provision of classes and programs transferred under the provisions of this section shall be defined in the memorandum of understanding between the community and technical college within the consortium service district and the county board of education but shall occur no later than July 1, 2026.
The following terms shall apply to the personnel transfer:
(B) The following terms shall apply to the personnel transfer at the time of transfer:
(B) Employees shall be transferred at rate of pay no less than their existing hourly rate, with all transferable accrued benefits, and shall become at-will employees of the community and technical college.
(i) All employees shall be transferred at a rate of pay that is no less than their existing hourly rate and to comparable equivalent categories of positions at the respective community and technical college.  (ii) For non-teachers, employee accumulated sick and annual leave hours may be transferred as agreed upon in the memorandum of understanding:
(4) Each county board of education shall provide the community and technical college with a list of employees subject to transfer, along with any other information necessary to facilitate the transfer, as defined in the memorandum of understanding.
Provided, That the maximum number of annual leave hours transferred may not exceed 112.50 hours The value of any excess annual leave that does not transfer shall be paid to the employee by the county board of education.
The county board of education must also provide each identified employee with written notice of the transfer at least six months prior to the effective date of the transfer.
The county board of education shall also pay the respective community and technical college the value of the accumulated sick and annual leave transferred with each employee.
(5) All full-time, permanent employees transferred pursuant to this subsection shall be eligible, beginning on the effective date of the transfer, to participate in the Higher Education Retirement Plan provided to employees of the community and technical college, pursuant to §18B-7-5 of this Code.
(iii) For teachers that are transferred to a community and technical college as faculty, the county board of education shall pay the value of the employee’s accumulated sick and annual leave to the employee at the time of their transfer and no sick or annual leave may transfer with the employee.
(A) Any employee who was a member of the Teachers Retirement System (TRS) as of June 30, 2025, may elect to remain a member of TRS while employed by the community and technical college.
13 CS for HB 3452 (4) Each county board of education shall provide the community and technical college with a list of employees subject to transfer, along with any other information necessary to facilitate the transfer, as defined in the memorandum of understanding.
The employee must make this election in writing no later than August 1, 2026.
The county board of education shall also provide each identified employee with written notice of the transfer at least six months prior to the effective date of the transfer.
(5) All full-time, permanent employees transferred pursuant to this section shall be eligible, beginning on the effective date of the transfer, to participate in the Higher Education Retirement Plan provided to employees of the community and technical college, pursuant to §18B-7-5 of this Code.
(A) Any employee who was a member of the Teachers Retirement System (TRS) as of June 30, 2025, may elect to remain a member of TRS while employed by the community and technical college:
Provided That, the employee shall make this election in writing no later than August 1, 2026.
(C) Employees who elect to remain in TRS shall be ineligible to participate in any retirement plan offered by the community and technical college.
(C) The decision to remain in TRS is permanent.  Employees may not switch to the West Virginia Higher Education Retirement Plan after their transfer is complete.  However, they may participate in the voluntary supplemental plans offered by higher education.
(e) The Chancellor for community and technical college education shall develop guidelines Intr HB 2025R3852 and provide technical assistance to facilitate a smooth and efficient transfer of programs, equipment, and personnel, ensuring minimal disruption to services and continuity of educational programming.
(e) The Chancellor for Community and Technical College Education shall develop guidelines and provide technical assistance to facilitate a smooth and efficient transfer of programs, equipment, and personnel, ensuring minimal disruption to services and continuity of educational programming.
(f) Any disputes arising from the transfer of programs, personnel, equipment, supplies, or facilities that cannot be resolved between the county board of education and the community and technical college shall be settled by mutual agreement between the State Superintendent of Schools and the Chancellor for community and technical college education.
14 CS for HB 3452 (f) Any disputes arising from the transfer of programs, personnel, equipment, supplies, or facilities that cannot be resolved between the county board of education and the community and technical college shall be settled by mutual agreement between the State Superintendent of Schools and the Chancellor for Community and Technical College Education.
NOTE:
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The purpose of this bill is to transfer administration of the Advanced Career Education (ACE) programs from county boards of education to community and technical colleges.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. On 1st reading, House Calendar

  2. Placed on House Calendar

  3. On 1st reading, Special Calendar

  4. By substitute, do pass

  5. Markup DiscussionRules

  6. To House Education

  7. Introduced in House

  8. To Education

  9. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 145 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 3452?
HB 3452 is sponsored by Joe Ellington (Republican), Joe Statler (Republican), Doug Smith (Republican), Vacant1 (Republican), Michael Hornby (Republican), Kathie Hess Crouse (Republican), and Jimmy Willis (Republican).
What is the current status of HB 3452?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3452?
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