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Introduced Version Senate Bill 166 History

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SB166 INTR


Senate Bill No. 166

(By Senator Prezioso and Unger)

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[Introduced January 11, 2002; referred to the Committee

on Education; and then to the Committee on Finance.]

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A BILL to repeal section five-a, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article eight, chapter eleven of said code by adding thereto a new section, designated section six-h; and to amend and reenact sections two, four, five and nine, article nine-a, chapter eighteen of said code, all relating to total state basic foundation programs for public education; reducing automatic payments from county boards of education to public libraries; increasing the caps on gifted and honors and advanced placement programs; changing the definition of professional educators to professional personnel; increasing the number of professional personnel and increasing the number of substitutes for professional educators; providing a $1.5 million grant program for service personnel and increasing the number of substitutes for service personnel; repealing the net enrollment cap for professional and service personnel; increasing the allocation for faculty senates; and establishing an allocation for staff development councils.

Be it enacted by the Legislature of West Virginia:

That section five-a, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that article eight, chapter eleven of said code be amended by adding thereto a new section, designated section six-h; and that sections two, four, five and nine, article nine-a, chapter eighteen of said code be amended and reenacted, all to read as follows:

CHAPTER 11. TAXATION.

ARTICLE 8. LEVIES.

§11-8-6h. Effect on levy contributions to local libraries or park boards where levy rates are fixed by a special act of the Legislature.

Notwithstanding any other provision of the law or special act of the Legislature to the contrary, where the provisions of section six-e or six-f of this article cause any contributing municipality, county commission or county board of education to reduce its levy rates to less than the rates allowed under provisions of section six-b, six-c or six-d, the local levy rates set by special act for the support of a local library or park board shall likewise be reduced. The previous maximum rate for Class I property shall be divided into the Class I levy rate adopted by the levying body for the fiscal year beginning the subsequent first day of July, and the resulting percentage shall be applied to each rate in the special act. The resulting adjusted levy rates, when applied to the assessed value of taxable property in each class of property as contained on the levying body's official levy estimate document will be the levying body's contribution amount for the fiscal year.
CHAPTER 18. EDUCATION.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-2. Definitions.
For the purpose of this article:
"State board" means the West Virginia board of education.
"County board" or "board" means a county board of education.
"Professional salaries" means the state legally mandated salaries of the professional educators as provided in article four, chapter eighteen-a of this code.
"Professional educator personnel" shall be synonymous with and shall have has the same meaning as "teacher" professional personnel" as defined in section one, article one, chapter eighteen eighteen-a of this code.
"Professional instructional personnel" means a professional educator personnel whose regular duty is as that of a classroom teacher, librarian, counselor, attendance director, school psychologist or school nurse with a bachelors degree and who is licensed by the West Virginia board of examiners for registered professional nurses. A Professional educator personnel having both instructional and administrative or other duties shall be included as professional instructional personnel for that ratio of the school day for which he or she is assigned and serves on a regular full-time basis in appropriate instruction, library, counseling, attendance, psychologist or nursing duties.
"Service personnel salaries" shall mean means the state legally mandated salaries for service personnel as provided in section eight-a, article four, chapter eighteen-a of this code.
"Service personnel" shall mean means all personnel as provided for in section eight, article four, chapter eighteen-a of this code. For the purpose of computations under this article of ratios of service personnel to adjusted enrollment, a service employee shall be counted as that number found by dividing his number of employment days in a fiscal year by two hundred: Provided, That the computation for any such person employed for three and one-half hours or less per day as provided in section eight-a, article four, chapter eighteen-a of this code shall be calculated as one-half an employment day.
"Net enrollment" means the number of pupils enrolled in special education programs, kindergarten programs and grades one to twelve, inclusive, of the public schools of the county. Commencing with the school year beginning on the first day of July, one thousand nine hundred eighty-eight, net enrollment further shall include adults enrolled in regular secondary vocational programs existing as of the effective date of this section: Provided, That net enrollment shall include no more than one thousand such adults counted on the basis of full-time equivalency and apportioned annually to each county in proportion to the adults participating in regular secondary vocational programs in the prior year counted on the basis of full-time equivalency: Provided, however, That no tuition or special fees beyond that required of the regular secondary vocational student is charged for such the adult students.
"Adjusted enrollment" means the net enrollment plus twice the number of pupils enrolled for special education. Commencing with the school year beginning on the first day of July, one thousand nine hundred ninety, adjusted enrollment means the net enrollment plus twice the number of pupils enrolled for special education, including exceptional gifted, plus the number of pupils in grades nine through twelve enrolled for honors and advanced placement programs, plus the number of pupils enrolled on the first day of July, one thousand nine hundred eighty-nine, in the gifted program in grades nine through twelve: Provided, That commencing with the school year beginning on the first day of July, one thousand nine hundred ninety, no more than four five percent of net enrollment of grades one through eight may be counted as enrolled in gifted education and no more than six seven percent of net enrollment of grades nine through twelve may be counted as enrolled in gifted education, exceptional gifted education, subject to the limitation set forth in section one, article twenty of this chapter, and honors and advanced placement programs for the purpose of determining adjusted enrollment within a county: Provided, however, That nothing herein shall may be construed to limit the number of students who may actually enroll in gifted, honors or advanced placement education programs in any county: Provided further, That until the school year beginning on the first day of July, one thousand nine hundred ninety-two, the preceding percentage limitations shall not restrict the adjusted enrollment definition for a county to the extent that those limitations are exceeded by students enrolled in gifted education programs on the first day of July, one thousand nine hundred eighty-nine: And Provided further, That no pupil may be counted more than three times for the purpose of determining adjusted enrollment. Such The enrollment shall be adjusted to the equivalent of the instructional term and in accordance with such eligibility requirements and rules as established by the state board. No pupil shall may be counted more than once by reason of transfer within the county or from another county within the state, and no pupil shall may be counted who attends school in this state from who resides in another state.
"Levies for general current expense purposes" means ninety-eight ninety-five percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code.
"Basic resources per pupil" for the state and the several counties means the total of: (a) Ninety-five percent of the property tax revenues computed at the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code, but excluding revenues from increased levies as provided in section ten, article X of the constitution of West Virginia; and (b) basic state aid as provided in sections twelve and thirteen of this article, but excluding the foundation allowance to improve instructional programs as provided in section ten of this article, and excluding any funds appropriated for the purpose of achieving salary equity among county board employees, this total divided by the number of students in adjusted enrollment: Provided, That beginning with the school year commencing on the first day of July, one thousand nine hundred ninety-one, and thereafter, the foundation allowance for transportation costs as provided in section seven of this article shall also be excluded and the total shall be divided by the number of students in net enrollment: Provided, however, That any year's allocations to the counties of the eighty percent portion of the foundation allowance to improve instructional programs, as provided in section ten of this article, shall be determined on the basis of the immediately preceding school year's basic resources per pupil.
§18-9A-4. Foundation allowance for professional personnel.
The basic foundation allowance to the county for professional educators shall be personnel is the sum of the following:
(a) The amount of money required to pay the state minimum salaries, for the ensuing fiscal year in accordance with provisions of article four, chapter eighteen-a of this code, to the personnel employed: Provided, That in making this computation no county shall may receive an allowance for the personnel which number is in excess of fifty-three and one-half fifty-five professional educators to each one thousand students in adjusted enrollment: Provided, however, That in the school year beginning the first day of July, two thousand two, each county shall receive an allowance for personnel equal to fifty-five professional personnel to each one thousand students in adjusted enrollment. Provided, however, That any county not qualifying under the provision of section fourteen of this article is eligible for a growth rate in professional personnel in any one year not to exceed twenty percent of its total potential increase under this provision, except that in no case shall the limit be fewer than five professionals: Provided further, That the number of and the allowance for personnel paid in part by state and county funds shall be prorated: And provided further, That where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the professional educators personnel for the school or program may be prorated among the participating counties on the basis of each one's enrollment therein and that the personnel shall be considered within the above-stated limit: And provided further, That in the school year beginning the first day of July, one thousand nine hundred eighty-eight, and in each school year thereafter, each county board shall establish and maintain a minimum ratio of fifty professional instructional personnel per one thousand students in adjusted enrollment: And provided further, That in the school year beginning the first day of July, two thousand two, and in each school year thereafter, each county board shall establish and maintain a minimum ratio of fifty-one professional instructional personnel per one thousand students in adjusted enrollment. Any county board which does not establish and maintain this minimum ratio shall suffer a pro rata reduction in the allowance for professional personnel under this section: And provided further, That no permanent substitute shall may be included in the minimum ratio for professional instructional personnel. Permanent substitutes may be included in the computation for professional educators personnel. For the purposes of this section, permanent substitute means a full-time employee who performs the duties of a day-to-day substitute: And provided further, That no county shall may have less than a total of five principals and central office administrators. Any county board which does not establish and maintain this minimum ratio shall suffer a pro rata reduction in the allowance for professional educators under this section. And provided further, That no county shall may be penalized if it has increases in enrollment during that school year: And provided further, That any county board which does not establish and maintain this minimum ratio shall utilize use any and all allocations to it by provision of section fourteen of this article solely to employ professional instructional personnel until the minimum ratio is attained. Every county shall utilize use methods other than reductions in force, such as attrition and early retirement, before implementing their reductions in force policy to comply with the limitations of this section. It is the intent of the Legislature that in planning reductions in force to comply with reduced ratios of professional educators to students in adjusted enrollment, county boards shall consider positions for elimination in the following order: (1) Central office administrators; (2) assistant principals; and (3) principals.
No county shall may increase the number of administrative personnel employed as either professional educators personnel or pay grade "H" service personnel above the number which were employed, or for which positions were posted, on the thirtieth day of June, one thousand nine hundred ninety, and, therefore, county boards shall whenever possible utilize use classroom teachers for curriculum administrative positions through the use of modified or extended contracts; Provided, That the governor shall submit a recommendation to the Legislature at the beginning of the regular session thereof in the year one thousand nine hundred ninety-one, which proposes a method for establishing a responsible level of administrative support for each county school system and a pay scale differentiation on a daily rate between classroom positions and administrative positions when all other factors are equal plus
(b) For professional educator substitutes, three and five-tenths percent of the computed state allocation for professional educators as determined in subsection (a) of this section.
§18-9A-5. Foundation allowance for service personnel.
The basic foundation allowance to the county for service personnel shall be is the sum of the following:
(a) The amount of money required to pay the annual state minimum salaries for the ensuing fiscal year in accordance with the provisions of article four, chapter eighteen-a of this code, to such the service personnel employed: Provided, That no county shall may receive an allowance for: (1) An amount of service personnel, excluding bus operators, in excess of thirty-four twenty-nine service personnel per one thousand students in adjusted enrollment. Any county which has less than twenty-nine service personnel, excluding bus operators, per one thousand students in adjusted enrollment as of the first day of January, two thousand two shall receive an allowance for each of the next ten years of one tenth of the difference between twenty-nine service personnel per one thousand students in adjusted enrollment and the number of service personnel, excluding bus operators, employed as of the first day of January, one thousand nine hundred ninety-eight; plus (2) an allowance for bus operators employed as of the first day of January, two thousand two. Provided, however, That An allowance for additional bus operators shall be made by the state superintendent of schools is authorized and in accordance with rules and regulations established by the state board and upon request of when a county superintendent to waive the maximum ratio of thirty-four service personnel per one thousand students in adjusted enrollment and the twenty percent per year growth cap provided in this section, to the extent appropriations are provided in those cases where the state superintendent determines demonstrates: (a) That student population density and miles of bus route driven justify the waiver, additional bus operators; or (b) that students spend an extraordinary amount of time in transportation and that the additional bus operators will reduce the transportation time for these students; or (c) that consolidation or other transportation needs require additional bus operators. except that no waiver shall be granted to any county whose financial statement shows a net balance in general current expense funds greater than three percent at the end of the previous fiscal year For the school year beginning the first day of July, two thousand two, and every year thereafter, the allowance for additional bus operators shall be a minimum of one million five hundred thousand dollars: Provided, further, however, That on or before the first day of each regular session of the Legislature, the state board, through the state superintendent, shall make to the Legislature a full report concerning the number of waivers additional bus operators granted and the fiscal impact related thereto. Every county shall utilize use methods other than reduction in force, such as attrition and early retirement, before implementing their reductions in force policy to comply with the limitations of this section.
For any county which has in excess of thirty-four twenty-nine service personnel, excluding bus operators, per one thousand students in adjusted enrollment, the allowance shall be computed based upon the average state minimum pay scale salary of all service personnel in the county: Provided, That for any county having fewer than thirty-four service personnel per one thousand students in adjusted enrollment, in any one year, the number of service personnel used in making this computation may be increased the succeeding years by no more than twenty percent per year of its total potential increase under this provision, except that in no case shall the limit be fewer than two service personnel until the county attains the maximum ratio set forth: Provided, however, That where two or more counties join together in support of a vocational or comprehensive high school or any other program or service the service personnel for the school or program may be prorated among the participating counties on the basis of each one's enrollment therein and that the personnel shall be considered within the above-stated limit; plus
(b) For service personnel substitutes, three and five-tenths percent of the computed state allowance for service personnel as determined in subsection (a) of this section.
§18-9A-9. Foundation allowance for other current expense faculty senates, and staff development councils.

The total allowance for other current expense and substitute employees shall be is the sum of the following: Provided, That each of the three amounts set forth in subdivisions (1), (2) and (3) of this section shall not exceed the preceding year's allowance by more than four percent all funds for which provision is made in this section:
(1) For current expense, for the year one thousand nine hundred ninety-ninety-one and thereafter, ten percent of the sum of the computed state allocation for professional educators and service personnel as determined in sections four and five of this article. Distribution to the counties shall be made proportional to the average of each county's average daily attendance for the preceding year and the county's second month net enrollment; plus
(2) For professional educator substitutes or current expense, two and five-tenths percent of the computed state allocation for professional educators as determined in section four of this article. Distribution to the counties shall be made proportional to the number of professional educators authorized for the county in compliance with sections four and five-a of this article; plus
(3) For service personnel substitutes or current expense, two and five-tenths percent of the computed state allocation for service personnel as determined in section five of this article. Distribution to the counties shall be made proportional to the number of service personnel authorized for the county in compliance with sections five and five-a of this article; plus
(4) (2) For academic materials, supplies and equipment for use in instructional programs, two three hundred dollars multiplied by the number of professional instructional personnel employed in the schools of the county. Distribution shall be made to each county for allocation to the faculty senate of each school in the county on the basis of two three hundred dollars per professional instructional personnel employed at the school. Faculty senate means a faculty senate created pursuant to section five, article five-a of this chapter. Decisions for the expenditure of such the funds shall be made at the school level by the faculty senate in accordance with the provisions of said section five, article five-a, except that each classroom teacher shall have available one hundred dollars annually for the purchase of materials, supplies or equipment which in the judgment of the teacher or librarian will assist him or her in providing instruction in his or her assigned academic subjects: Provided, That nothing contained herein may prohibit the funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at-risk. and Funds available to faculty senates shall may not be used to supplant the current expense expenditures of the county. Beginning on the first day of September, one thousand nine hundred and ninety-four, and every September thereafter, boards shall forward to each school for the use by faculty senates the appropriation specified in this section. Each school shall be responsible for keeping accurate records of expenditures.
(3) Beginning the first day of July, two thousand two and every year thereafter, the allowance for county professional staff development councils established pursuant to section eight, article three, chapter eighteen-a is one tenth of one percent of the computed state allocation for professional educators as determined in section four of this article: Provided, That the money allocated under this subsection may be used solely by the county professional staff development councils in accordance with section eight, article three, chapter eighteen-a;
(4) Beginning the first day of July, two thousand two, and every year thereafter, the allowance for county service personnel staff development councils is one tenth of one percent of the computed state allocation for service personnel as determined in section five of this article: Provided, That the money allocated under this subsection may be used solely by the county service personnel staff development councils in accordance with section nine, article three, chapter eighteen-a.


NOTE: The purpose of this bill is to revise the school aid formula in order to: Proportionately reduce automatic payments from county boards of education to public libraries when regular levies are reduced by the Legislature; increase caps on gifted and honors and advanced placement programs; provide a definition for professional administrators personnel; eliminate a one year delay in reimbursing county boards of education for years of experience incremental pay for teachers and service personnel; increase the number of professional instructional personnel and the number of professional educators; increase the payment to county boards of education for professional and service personnel substitutes; eliminate reductions in professional and service personnel based on net enrollment; increase funds to faculty senates and individual professional instructional personnel; and provide funds to the professional and service personnel staff development councils.

§11-8-6h is new; therefore, strike-throughs and underscoring have been omitted.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.














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