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Committee Substitute House Bill 2801 History

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HOUSE COM SUB (2 LINES)
COMMITTEE SUBSTITUTE

FOR

H. B. 2801

((By Delegates Tabb, Paxton, Wysong, Williams,

Doyle, Campbell and Michael)


(Originating in the Committee on Finance)

[March 24, 2005]


A BILL to amend and reenact §18-9A-15 and §18-9A-22 of the Code of West Virginia, 1931, as amended, relating to allowances of public school support; authorizing certain advanced scheduled payments of allowance for increased enrollment for certain counties that have experienced certain recent increases in enrollment; and authorizing grant allowances for certain counties with low student net enrollment under certain circumstances.

Be it enacted by the Legislature of West Virginia:
That §18-9A-15 and §18-9A-22 the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-15. Allowance for increased enrollment.
(a) To provide for the support of increased net enrollments in the counties in a school year over the net enrollments used in the computation of total state aid for that year, there shall be appropriated for that purpose from the general revenue fund an amount equal to the average total state aid per net pupil multiplied by the total of all of the increases in the net enrollments of the counties made by comparing the most recent reports of net enrollment for the second school month to the immediately previous year's reports for the same school month.
(b) Any county wherein the net enrollment in the most recent reports of net enrollment for the second school month compared to the immediately previous year's reports for the same school month has increased by fifty or more students may add to their request schedule filed with the state board pursuant to section nineteen of this article a schedule of payments to the county from the appropriation made pursuant to subsection (a) of this section. The total amount of the payments requested in the added request schedule may not exceed sixty-five percent of the portion of the appropriation which is attributable to the county's increased enrollment payable over the first six months of the fiscal year.
(c)
Upon determination of the several increases in the respective counties' net enrollments, as of the close of the second school month, each county showing such increase shall be allocated an amount equal to that county's average per net pupil total state aid multiplied by the increase in that county's net enrollment determined as provided heretofore, less any amounts paid and payable to the county pursuant to subsection (b) of this section. If the amounts paid and payable pursuant to subsection (b) of this section exceed the allocation due to the county under this subsection, the county's schedule of payments of total state aid for the remainder of the fiscal year shall be reduced by the amount of the overage and this amount shall be available for allocation pursuant to this section. Such The allocations shall be distributed not later than the thirty-first day of December of each year to the counties having increases in net enrollment as heretofore provided. If the amount appropriated for this purpose shall not be sufficient to provide payment in full for the total of these several allocations, each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations, and the allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the governor shall request a supplemental appropriation at the next legislative session for the reduced amount.
(d) No provision of this section shall be construed to in any way affect the allocation of moneys for educational purposes to a county under other provisions of law.
(e) Except for those students who are enrolled in special education programs, students who have not attained the age of five prior to the first day of September shall may not be included for any purpose of this section.
Nothing in this section shall be construed to require any specific level of funding by the Legislature.

§18-9A-22. Allowance to improve economies of scale of low student enrollment counties.

(a) The Legislature finds that counties whose net enrollment falls below a certain level may not have the economies of scale to support the proper operation of the school system and the education of their students. The Legislature further finds that to make a determination of whether additional assistance is needed by such a county, and if it is, then in what form and amount, it is necessary to examine the local circumstances and ensure the efficient use of available resources. Therefore, the purpose of this section is to provide a process for examining the economies of scale of counties with low student net enrollment and providing additional assistance to them if necessary including, but not limited to, the grant of funds.
(b) Upon the written request of a county with a student net enrollment of less than one thousand four hundred students, the state superintendent shall examine whether all of the resources available to the county are being efficiently utilized and whether additional assistance is needed within the county to improve its economies of scale. The state superintendent may take any of the following actions:
(1) If the state superintendent finds that all of the resources of the county are not being used efficiently, the state superintendent shall recommend areas of improvement to the county and, if requested by the county, may provide technical assistance to make the improvements;
(2) If the state superintendent finds that additional assistance is needed to improve the economies of scale of the county, the state superintendent shall determine whether the economies of scale may be increased with additional resources through the regional education service agency, through cooperative agreements with adjoining counties, and by technical assistance and other programs available to the state superintendent. The state superintendent shall take the actions that are within his or her authority to increase the economies of scale of the county through these means; and
(3) If the state superintendent finds that additional assistance is needed to improve the economies of scale of the county after the actions provided in subdivisions (1) and (2) of this subsection are exhausted, the state superintendent may, subject to appropriations made by the Legislature therefore, make a grant of funds to the county to assist in improving its economies of scale. The grant of funds may include any restrictions, conditions and purposes that the state superintendent determines necessary to improve the economies of scale of the county.



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