CHARLESTON — The West Virginia Senate returned Sunday to amend the Student Success Act, moving the bill to third reading and passage this morning.

There were seven amendments to Senate Bill 1039 awaiting senators for the 2 p.m. floor session Sunday. All but one were adopted.

One amendment by state Sen. Charles Trump, R-Morgan, added additional penalties in the event of a work stoppage like what occurred in 2018 and for two days in February. The amendment was adopted 17-14.

The Trump amendment would prevent schools from using excess time to make up days lost due to a strike, it would dock the pay of teachers and staff who go on strike, and it would require schools to stay open during a strike. Trump also argued that a strike violates the state constitution by disrupting the state’s ability to provide a thorough and efficient school system.

“I have concerns about the language … as it is in the bill now,” Trump said. “The idea of saying there can’t be extracurricular activities during a period of work stoppage makes sense as far as it goes, but my concern is if this is the legislature’s only expression of policy of law on the subject of strikes and work stoppages as written, it could be read or interpreted by a court to mean that strikes and work stoppages are permitted. It would be my position that they should not be.”

Trump cited a court case that stated that public employees have no right to strike as long as state law does not allow for collective bargaining for public employees.

“That’s been the law of this state since 1990,” Trump, the chairman of the Senate Judiciary Committee, said. “What we need is a clear expression in the law by the legislature that says there can be no strikes or work stoppages.”

Senate Minority Leader Roman Prezioso, D-Marion, rose to oppose Trump’s amendment, raising concerns about the ability of teachers to express themselves during the regular legislative session that occurs between January and March.

“They have no ability to get down here on a daily basis,” Prezioso said. “I know they have teacher representation, but what more effective way for a teacher to come down and get something done than when they can come down and talk to their lawmakers.”

State Sen. Mike Romano, D-Harrison, called the amendment retribution for two years of strikes, causing schools to be shut down and bringing pressure on lawmakers.

“It’s funny how we use the constitution as a weapon and as a shield,” Romano said. “It’s a fear of people collectively petitioning their government for what is right. Our educators would have had a 1 percent raise two years ago had they not made their voices heard.”

An amendment by state Sen. Eric Tarr, R-Putnam, would establish an exceptional needs fund. The fund would be used for students who perform better outside the public-school setting by using county budget surplus monies and donated funds for services and materials. The amendment was adopted.

Several amendments dealt with a provision in the Student Success Act that would create West Virginia’s first public charter school system. It gives county boards of education the power to authorize a non-profit to set up a charter school. The bill gives the state Board of Education the power to renew a charter after five years, revoke a charter, and hear appeals.

State Sen. Ryan Weld, R-Brooke, introduced an amendment that would pull out language allowing four-year colleges and universities from being able to authorize charter schools. The Student Success Act allows up to four charter schools to be authorized by state colleges and universities. The amendment was adopted by voice vote.

One of two Republican senators who voted with senate Democrats to block the Student Success Act from being passed Saturday offered his own amendment to the bill. State Sen. Bill Hamilton, R-Upshur, and state Sen. Kenny Mann, R-Monroe, crossed the aisle to vote against suspending the rules requiring a bill be read on three separate days. The motion to suspend the rules failed 18-15.

Hamilton made an unsuccessful attempt to amend the Student Success Act to require a county-wide election before a charter school could be authorized. Hamilton said a vote would show who really does support charter schools.

Weld, rising to oppose Hamilton’s amendment, said the charter school decisions should be up to the elected members of the county boards of education who already decide whether to open or close a school.

“The people elected people to make decisions on their behalf,” Weld said. “Folks trust their county boards of education and they elect them to make decisions on their behalf. The decisions of the board aren’t put forward in a referendum because the people elected those people to make decisions for their county school system.”

Senate Education Committee Chairman Patricia Rucker, R-Jefferson, praised the sentiment of Hamilton’s amendment, but explained there are already provisions for public comment in the charter school section of the bill.

“I am in favor of folks voicing their position, which was one of the reasons we mandated in this bill that there be a public open meeting when considering whether to authorize charter schools,” Rucker said.

The Student Success Act is up for passage today in the senate. If passed, the bill will be taken up by the House of Delegates when that body resumes the special session June 17.