Introduced Version
House Bill 2221 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2221
(By Delegates Craig, Reynolds and Andes)
[Introduced February 13, 2013; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-5-18a of the Code of West Virginia,
1931, as amended, relating to limiting the student to teacher
ratio in kindergarten through sixth grades.
Be it enacted by the Legislature of West Virginia:
That §18-5-18a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18a. Maximum teacher-pupil ratio.
County boards of education shall provide, by the school year
1983-84, and thereafter, sufficient personnel, equipment and
facilities as will ensure that each first and second grade
classroom, or classrooms having two or more grades that include
either the first or second grades shall not have more than twenty-
five seventeen pupils for each teacher of the grade or grades and shall not have more than twenty seventeen pupils for each
kindergarten teacher per session, unless the State Superintendent
has excepted a specific classroom upon application therefor by a
county board.
County boards shall provide by the school year 1984-85, and
continue thereafter, sufficient personnel, equipment and facilities
as will ensure that each third, fourth, fifth and sixth grade
classroom, or classrooms having two or more grades that include one
or more of the third, fourth, fifth and sixth grades, shall not
have more than twenty-five pupils for each teacher of the grade or
grades.
Beginning with the school year 1986-87, and thereafter, no
county shall maintain a greater number of classrooms having two or
more grades that include one or more of the grade levels referred
to in this section than were in existence in said county as of
January 1, 1983: Provided, That for the prior school years, and
only if there is insufficient classroom space available in the
school or county, a county may maintain one hundred ten percent of
such number of classrooms.
During the school year 1984-85, and thereafter, the State
Superintendent is authorized, consistent with sound educational
policy; (a) to permit on a statewide basis, in grades four through
six, more than twenty-five pupils per teacher in a classroom for
the purposes of instruction in physical education; and (b) to permit more than twenty seventeen pupils per teacher in a specific
kindergarten classroom and twenty-five seventeen pupils per teacher
in a specific first and second grade classroom and twenty-five
pupils per teacher in a specific classroom in grades one three
through six during a school year in the event of extraordinary
circumstances as determined by the State Superintendent after
application by a county board of education.
The state board shall establish guidelines for the exceptions
authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils
above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the
twenty seventeen pupils per kindergarten teacher per session limit,
seventeen pupils per first or second grade teacher per session
limit or the twenty-five pupils per teacher limit in grades one
three through six is waived in schools where the school wide pupil-
teacher ratio is twenty-five or less in grades one three through
six: Provided, That a teacher shall not have more than three
pupils above the teacher/pupil ratio as set forth in this section.
Any kindergarten teacher who has more than twenty seventeen pupils
per session and any classroom teacher of grades one through six who
has more than twenty-five twenty pupils shall be paid additional
compensation based on the affected classroom teacher's average
daily salary divided by twenty seventeen for kindergarten teachers or twenty-five twenty for teachers of grades one through six for
every day times the number of additional pupils enrolled up to the
maximum pupils permitted in the teacher's classroom. All such
additional compensation shall be paid from county funds
exclusively.
Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on July 1,
1994, a teacher in grades one, two or three or classrooms having
two or more such grade levels, shall not have more than two pupils
above the teacher/pupil ratio as set forth in this section:
Provided, That commencing with the school year beginning on July 1,
1995, such teacher shall not have more than one pupil above the
teacher/pupil ratio as set forth in this section: Provided,
however, That commencing with the school year beginning on July 1,
1996, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number
of pupils per teacher in a classroom for the purpose of instruction
in choral, band or orchestra music.
Each school principal shall assign students equitably among
the classroom teachers, taking into consideration reasonable
differences due to subject areas and/or grade levels.
The state board shall collect from each county board of
education information on class size and the number of pupils per teacher for all classes in grades seven through twelve. The state
board shall report such information to the Legislative Oversight
Commission on Education Accountability before January 1, of each
year.
NOTE: The purpose of this bill is to decrease the student-to-
teacher ratio in kindergarten through sixth grades.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.