By David A. Haney, WVEA Executive Director
As a member of the West Virginia Investment Management Board (IMB), the organization that is responsible for investing and managing your pension funds, I wanted to provide you an update on recent legal issues. This is important to you because it is one of the ways the IMB is looking out for your best interests and protecting your hard earned pension funds for your future retirement security.
The article below is authored by Craig Slaughter the Executive Director of the IMB.
Investment Management Board (IMB) Gains in Litigation Set Stage for Future Success
The IMB recently received favorable decisions in two lawsuits it brought to protect the funds it manages. These decisions are important because they allow the IMB to sue over injustice and keep the case in its “home court”. This helps reduce the expense of litigation, but also assures adjudication by courts familiar with West Virginia law.
Generally, in order for a lawsuit to proceed in Federal court, the suit must involve a dispute about federal law (a “federal question”), or a dispute between citizens of different states (a “diversity” suit). For these purposes, a State does not qualify as a citizen of a State, and suits brought by a State must remain in State court unless they involve federal questions. Two United States District courts recently ruled that the IMB is an “arm” or “alter ego” of the State for purposes of these requirements, and that like a State, suits brought by the IMB must remain in State court (unless federal questions are raised). In both cases, the courts agreed with the IMB that it has significant operational independence from the State, allowing it to make unbiased investment decisions in the best interests of the beneficiaries of the funds it manages in a professional and apolitical manner. However, the decisions also agreed that the IMB ultimately acts as an extension of the State in managing public funds benefitting public employees, employers and agencies. The staff of the IMB is dedicated to protecting the funds it manages. These decisions will help ensure that in the future, courts and other parties understand that for purposes of Federal court jurisdiction, the IMB should be treated as the State, and that it can bring claims under State law in the local West Virginia courts rather than Federal Court.
One of the two suits is against VALIC, the company that provided the variable life annuity option under the Teachers defined contribution plan. When former participants moved into the reopened defined benefit plan (the “old” plan) all assets were transferred. Most were converted to cash before transfer and the IMB simply invested the cash along with the other assets in the plan. VALIC placed restrictions on the transfer forcing the IMB to hold the assets in a form it did not desire, a variable life annuity product, for an extended period. The IMB filed an injunction to demand that the annuity be liquidated so the assets could be invested along with the other assets in the plan. VALIC removed the case to federal court. The decision referred to above returned the case to State Court where it was filed originally.
The second lawsuit is against Residential Accredited Loans, Inc., and other entities concerning losses resulting from fraud related to mortgage loans. The IMB filed this case in State Court, also, only to have the defendants remove it to federal court. Again, the decision referred to above returned the case to State Court.
Tuesday, October 26, 2010
Friday, October 22, 2010
Dr. Linda Darling-Hammond Speaks to Evaluation Task Force
By Anita Maxwell, WVEA Communication and Instructional Issues
WVEA members of the Evaluation Task Force, WVBE members, WVDE staff and others attended a meeting this week to hear Linda Darling-Hammond, who is currently the Charles E. Ducommun Professor of Education at Stanford University, provide her expertise regarding what she called, "smarter balanced assessments." Her research and policy work have focused on issues of school reform, teaching quality and educational equity at the federal, state, and local levels. She led the development of licensing standards for beginning teachers that reflect current knowledge about what teachers need to know to teach challenging content to diverse learners. These were ultimately incorporated into the licensing standards of more than 40 states.
Her presentation, "Launching an Extreme Makeover for Teacher Evaluation -- Developing and Assessing Teacher Effectiveness," gave the attendees ten items to consider in their work to craft a new evaluation system for West Virginia. She stressed education was indeed a "team sport" and it was important to know how teachers work collaboratively in a group to ge the job done for all the children. Other considerations included building on WV professional teaching standards which were aligned to student standards; the use of performance assessments to guide teacher preparation and licensing; building annual evaluation tools based on standards that combine evidence of practice, performance and outcomes in an integrated evaluation system; use multiple data sources to reflect practice and learning; create policies that support the development of expertise; deepen professional learning and expand high quality pathways to teaching.
The ideas, guidance and research presented provided the members of the Evaluation Task Force additional resources to guide their ongoing work to craft a new evaluation system.
WVEA members of the Evaluation Task Force, WVBE members, WVDE staff and others attended a meeting this week to hear Linda Darling-Hammond, who is currently the Charles E. Ducommun Professor of Education at Stanford University, provide her expertise regarding what she called, "smarter balanced assessments." Her research and policy work have focused on issues of school reform, teaching quality and educational equity at the federal, state, and local levels. She led the development of licensing standards for beginning teachers that reflect current knowledge about what teachers need to know to teach challenging content to diverse learners. These were ultimately incorporated into the licensing standards of more than 40 states.
Her presentation, "Launching an Extreme Makeover for Teacher Evaluation -- Developing and Assessing Teacher Effectiveness," gave the attendees ten items to consider in their work to craft a new evaluation system for West Virginia. She stressed education was indeed a "team sport" and it was important to know how teachers work collaboratively in a group to ge the job done for all the children. Other considerations included building on WV professional teaching standards which were aligned to student standards; the use of performance assessments to guide teacher preparation and licensing; building annual evaluation tools based on standards that combine evidence of practice, performance and outcomes in an integrated evaluation system; use multiple data sources to reflect practice and learning; create policies that support the development of expertise; deepen professional learning and expand high quality pathways to teaching.
The ideas, guidance and research presented provided the members of the Evaluation Task Force additional resources to guide their ongoing work to craft a new evaluation system.
Wednesday, October 20, 2010
WVEA Professional Issues Conference
by Kym Randolph, WVEA Communication Director
Thanks to everyone who attend the Professional Issues Conference at the Charleston Marriott on October 15-16. Feedback from the participants was very positive and it appears everyone enjoyed the conference. A few photos from the event are now posted on the WVEA web site (http://www.wvea.org/).
Friday, October 8, 2010
WV Senate Debate Scheduled
All four of West Virginia's US Senate candidates (Democratic Governor Joe Manchin , Republican John Raese, The Mountain Party's Jesse Johnson, and Constitution Party's Jeff Becker) have agreed to a debate on Monday, October 18 at 8:00 p.m. in Morgantown, WV. Recent poling places John Raese with an advantage over Governor Joe Manchin. The debate is sponsored by The Associated Press and West Virginia University's School of Journalism. It's produced by West Virginia Public Broadcasting with assistance from The League of Women Voters.
Watch the debate live on West Virginia Public Broadcasting. You can locate your local television affiliate by clicking here.
You may also view the debate after the broadcast on WVPB's website, http://www.wvpubcast.org
Watch the debate live on West Virginia Public Broadcasting. You can locate your local television affiliate by clicking here.
You may also view the debate after the broadcast on WVPB's website, http://www.wvpubcast.org
Thursday, October 7, 2010
Tired of teacher bashing
By David A. Haney, Executive Director
If you believe the rhetoric you hear from some political candidates and the local and national news media, West Virginia schools are failures, wasteful and ineffective. Teachers are lazy, uncaring, not doing their job and can’t be fired for anything. Our schools are either behind, falling behind, or should be scrapped entirely and replaced by charter schools.
Public education and teacher bashing appears to have become a staple and West Virginia educators have just about had their fill. Let’s look at what many teachers tell us:
• “We have had smart boards in my school since August but they have not been installed and teachers have not received training.”
• “There are six computers in my room but only two work and I’m told there is no one to repair them.”
• “There are so many assessments that I do not have time to teach.”
• “Many parents do not value education so how do they expect their children to value school.”
• “I have four students out of 25 that have missed 14 instructional days so far this year.”
• “I have a class of 23 students and four of them are special needs students with learning disabilities.”
• “I sent a disruptive child to the principal’s office three times this year and the principal just sends him back to my classroom telling me to ‘deal with it’. It’s unfair to my students who want to learn.”
• “My principal and superintendent never collaborate with teachers in the best interest of our school they just pass down edicts on what be followed.”
What we need is for the teachers and public education bashing to stop. To step back and look at the problems our schools face and begin to develop solutions with teachers, the practitioners, and not the politicians and business leaders who haven’t been in a school twenty years. We need to find a way to counsel teachers who are not suited to education out of the classroom. We need to find a way to get parents who do not value education to understand public education is the path to a productive life. We need to find a way to get children not suited for regular classroom into programs designed to assist them to be productive citizens. Where computers and smart boards are not working we need to find a way to get them repaired. We need to find a way to get truant children back in the classroom where a teacher can made a difference in their lives.
Bashing teachers and public education does not solve a problem it is only fodder for politicians. Real solutions mean rolling up your sleeves and making a difference. WVEA is “teachers dedicated to great schools” – we are ready for the challenge – are the bashers ready to work or just further their political rhetoric?
If you believe the rhetoric you hear from some political candidates and the local and national news media, West Virginia schools are failures, wasteful and ineffective. Teachers are lazy, uncaring, not doing their job and can’t be fired for anything. Our schools are either behind, falling behind, or should be scrapped entirely and replaced by charter schools.
Public education and teacher bashing appears to have become a staple and West Virginia educators have just about had their fill. Let’s look at what many teachers tell us:
• “We have had smart boards in my school since August but they have not been installed and teachers have not received training.”
• “There are six computers in my room but only two work and I’m told there is no one to repair them.”
• “There are so many assessments that I do not have time to teach.”
• “Many parents do not value education so how do they expect their children to value school.”
• “I have four students out of 25 that have missed 14 instructional days so far this year.”
• “I have a class of 23 students and four of them are special needs students with learning disabilities.”
• “I sent a disruptive child to the principal’s office three times this year and the principal just sends him back to my classroom telling me to ‘deal with it’. It’s unfair to my students who want to learn.”
• “My principal and superintendent never collaborate with teachers in the best interest of our school they just pass down edicts on what be followed.”
What we need is for the teachers and public education bashing to stop. To step back and look at the problems our schools face and begin to develop solutions with teachers, the practitioners, and not the politicians and business leaders who haven’t been in a school twenty years. We need to find a way to counsel teachers who are not suited to education out of the classroom. We need to find a way to get parents who do not value education to understand public education is the path to a productive life. We need to find a way to get children not suited for regular classroom into programs designed to assist them to be productive citizens. Where computers and smart boards are not working we need to find a way to get them repaired. We need to find a way to get truant children back in the classroom where a teacher can made a difference in their lives.
Bashing teachers and public education does not solve a problem it is only fodder for politicians. Real solutions mean rolling up your sleeves and making a difference. WVEA is “teachers dedicated to great schools” – we are ready for the challenge – are the bashers ready to work or just further their political rhetoric?
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