West Virginia 2025 Regular Session

West Virginia House Bill HB3438

Introduced
3/17/25  
Refer
3/17/25  

Caption

To allow retired teachers in long-term substitute positions with specialties in maths, sciences, English, and foreign languages to remain in the substitute teaching positions for the entire school year without interruption to their retirement pay in order to allow students to have a quality, uninterrupted education.

Summary

HB3438 would create the “Connor Drennan Substitute Teachers’ Act” and amend the state Teachers Retirement System rules to let certain retired teachers work as long-term substitute teachers without losing monthly retirement benefits. The bill is aimed at retirees with specializations in math, science, STEM fields, English, or foreign languages who are filling long-term substitute roles in their area of expertise. It also adds legislative findings explaining that retired educators can help address teacher shortages and reduce disruption to students when a long-term substitute must leave because of retirement limits. The bill changes the current limit on how long a retired teacher may work in substitute employment before retirement benefits are reduced, raising the cap to 180 days per academic year. It also changes how days are counted by requiring hours worked to be converted into days using the standard full-time teacher workday. In addition, the bill allows the retiree, if they choose, to contribute to the retirement system from this substitute employment, while making clear that the employer is not required to make additional retirement contributions for that work.

Impact

HB3438 would amend West Virginia Code §18-7A-38 and add a new article, §18-7E-1 through §18-7E-3, creating a special retirement/employment exception for certain retired teachers in long-term substitute positions. It would affect the Teachers Retirement System, participating school employers, county boards, and retired educators by permitting continued employment in designated shortage areas without an immediate pension penalty, while also setting a uniform method for calculating service days. The bill would not broadly eliminate post-retirement work limits for all retirees; instead, it creates a targeted exception tied to subject specialization and long-term substitute assignments.

Sentiment

The overall sentiment reflected in the bill text and caption is supportive of the measure, with a strong emphasis on solving teacher shortages and preserving continuity in classrooms. The bill frames the policy as beneficial to students, especially in STEM and language courses, by keeping experienced retired teachers in place for longer periods. No committee transcript or vote record is provided, so there is no additional evidence of opposition or amendment debate in the available materials.

Contention

The main policy tension is between protecting retirement system rules and allowing experienced retirees to keep teaching without losing benefits. The bill acknowledges existing limits on post-retirement substitute work and county-level inconsistencies in counting days, suggesting concern about how the current system is administered. Another possible point of contention is that the bill creates a special carve-out for certain subject areas and long-term substitute roles, which could raise fairness questions for other retired teachers or other shortage areas not included in the exception. However, no recorded committee debate or votes are available to show specific objections or supporters.

Companion Bills

No companion bills found.

Previously Filed As

WV HB109

Supplementing and amending appropriations to the Department of Education, State Board of Education – State Aid to Schools

WV SB1009

Supplementing and amending appropriations to BOE, State Aid to Schools

WV HR101

Amending House Rule 56, relating to Motions Not in Order

WV SCR101

Urging US Department of Education to accelerate processing of Free Application for Federal Student Aid

WV HB105

Supplementing and amending appropriations to the Department of Education, State Board of Education – State Department of Education

WV HB106

Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education

WV HB115

Relating to the amount of surplus deposited into the Revenue Shortfall Reserve Fund and providing for an effective date

WV SB1005

Supplementing and amending appropriations to Department of Education, BOE

WV HB116

Relating to authorizing the Public Employee Insurance Agency to provide insurance coverage for certain prescribed weight loss medications

WV HB107

Supplementing and amending appropriations to the Higher Education Policy Commission, Higher Education Policy Commission – Administration – Control Account

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