SB 440 Text

Introduced Version Senate Bill 440 History

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sb440 intr Senate Bill No. 440
(By Senators Unger, Yoder and Barnes)
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[Introduced March 3, 2005; referred to the Committee
on Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-7, §18-9A-9, §18-9A-10, §18-9A-12 and §18-9A-15 of said code, all relating to removing the delay in school aid formula funding for increased student enrollment; providing the use of projected net and adjusted enrollments for state aid calculations when the projections are greater than the second month of the prior year data; defining terms; aligning other affected code provisions; updating provisions and removing obsolete language; changing calculation of reimbursement for replacement of buses with certain mileage; and advancing date for certain report by Tax Commissioner.

Be it enacted by the Legislature of West Virginia:
That §18-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-2, §18-9A-7, §18-9A-9, §18-9A-10, §18-9A-12 and §18-9A-15 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any proceedings pursuant thereto shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State Board" means the West Virginia Board of Education;
(d) "County board" or "board" means the County Board of Education;
(e) "State Superintendent" means the State Superintendent of free schools;
(f) "County superintendent" or "superintendent" means the county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal, superintendent or public school librarian; registered professional nurse, licensed by the West Virginia Board of Examiners for Registered Professional Nurses and employed by a county board of education, who has a baccalaureate degree; or any other person regularly employed for instructional purposes in a public school in this state;
(h) "Service personnel" means all nonteaching school employees not included in the above definition of "teacher";
(i) "Social worker" means a nonteaching school employee who, at a minimum, possesses an undergraduate degree in social work from an accredited institution of higher learning and who provides various professional social work services, activities or methods as defined by the State Board for the benefit of students;
(j) "Regular full-time employee" means any person employed by a county board of education who has a regular position or job throughout his or her employment term, without regard to hours or method of pay;
(k) "Career clusters" means broad groupings of related occupations;
(l) "Work-based learning" means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled to attend or who, if not placed in a residential facility, would be entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter;
(n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter;
(o) "Low-density county" means a county whose ratio of student population to square miles is less than or equal to the state average ratio as computed by the State Department of Education;
(p) "High-density county" means a county whose ratio of student population to square miles is greater than the state average ratio as computed by the State Department of Education; ~~and~~
(q) "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. Net enrollment further shall include adults enrolled in regular secondary vocational programs existing as of the effective date of this section counted on a full-time equivalency basis and for whom no tuition or special fees are charged beyond those required of the regular secondary vocational students: 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; and
~~(q)~~ (r) "Casual deficit" means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year.

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" ~~shall be~~ is synonymous with and ~~shall have~~ has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code.
"Professional instructional personnel" means a professional educator 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 having both instructional and administrative or other duties ~~shall be~~ is 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~~ is counted as that number found by dividing his or her 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~~ is calculated as one-half an employment day.
"Net enrollment" means the net enrollment of the county as defined in section one, article one of this chapter either: (a) At the end of the second month of the prior school year; or (b) as projected by the State Superintendent for the school year during which the basic foundation program funding will be distributed, whichever is greater. For school years beginning after the thirtieth day of June, two thousand six, the projections of net enrollment shall be established by the State Superintendent in accordance with a rule promulgated by the State Board in accordance with the provisions of article three-b, chapter twenty-nine-a of this code. ~~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 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 percent of net enrollment of grades one through eight may be counted as enrolled in gifted education and no more than six 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 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~~ Enrollment shall be adjusted to the equivalent of the instructional term and in accordance with ~~such~~ the eligibility requirements and rules as established by the State Board. No pupil shall be counted more than once by reason of transfer within the county or from another county within the state, and no pupil shall be counted who attends school in this state from another state. The adjusted enrollment of a county is the county's adjusted enrollment as defined herein either: (a) At the end of the second month of the prior school year; or (b) as projected by the State Superintendent for the school year during which the basic foundation program funding will be distributed, whichever is greater. For school years beginning after the thirtieth day of June, two thousand six, the projections of adjusted enrollment shall be established by the State Superintendent in accordance with a rule promulgated by the State Board in accordance with the provisions of article three-b, chapter twenty-nine-a of this code.
"Levies for general current expense purposes" means ninety-eight 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-7. Foundation allowance for transportation cost.

The allowance in the foundation school program for each county for transportation shall be the sum of the following computations:
(1) Eighty-five percent of the transportation cost within each high-density county and ninety percent of the transportation cost within each low-density county for maintenance, operation and related costs, exclusive of all salaries: Provided, That for any county that uses an alternative fuel such as compressed natural gas or other acceptable alternative fuel for the operation of all or any portion of its school bus system, the allowance in the foundation school program for the county for that portion of its school bus system shall be ninety-five percent of the transportation cost for maintenance, operation and related costs, exclusive of all salaries, incurred by the use of the alternatively fueled school buses: Provided, however, That any county using an alternative fuel and qualifying for the additional allowance shall submit a plan regarding the intended future use of alternatively fueled school buses;
(2) The total cost, within each county, of insurance premiums procured as provided by law on buses, buildings and equipment used in transportation; ~~Provided,~~ ~~That the premiums were procured through competitive bidding~~
(3) An amount equal to eight and one-third percent of the current replacement value of the bus fleet within each county as determined by the State Board. The amount shall only be used for the replacement of buses. Buses purchased after the first day of July, one thousand nine hundred ninety-nine, that are driven one hundred eighty thousand miles, regardless of year model, will be subject to the remainder of the replacement value of ~~eight and one-third percent~~ the bus as determined by the State Board. ~~Provided,~~ That for the school year beginning on the first day of July, two thousand four, only, the allowance in the foundation school program for each county for transportation shall not include an amount for the replacement of buses In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the State Superintendent for funding for an additional bus or buses. The State Superintendent shall make a decision regarding each application based upon an analysis of the individual school district's net enrollment history and transportation needs: Provided, ~~however,~~ That the superintendent shall not consider any application which fails to document that the county has applied for federal funding for additional buses. If the State Superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the State Board for the upcoming fiscal year. If the State Superintendent determines that the net enrollment of a county is projected to increase and the projected net enrollment will be used for calculating the basic foundation program funding of the county, the State Superintendent shall notify the county and it may apply for funding for an additional bus or buses on the basis of the projected increase in net enrollment. If approved by the State Superintendent, the funding shall be included in the budget request of the State Board for the basic foundation program funding for the county in the school year in which the net enrollment is projected to increase;
(4) Eighty-five percent of the cost of contracted transportation services and public utility transportation within each high-density county and ninety percent of the cost of contracted transportation services and public utility transportation within each low-density county;
(5) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving the aid within each county; and
(6) Ninety-five percent of the transportation cost for maintenance, operation and related costs, exclusive of all salaries, for transporting students to and from classes at a multicounty vocational center.
The total state share for this purpose shall be the sum of the county shares: Provided, That no county shall receive an allowance which is greater than one-third above the computed state average allowance per transportation mile multiplied by the total transportation mileage in the county: Provided, however, That one half of one percent of the transportation allowance distributed to each county shall be for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity: ~~Provided further,~~ That for the school year beginning on the first day of July, two thousand four, only the transportation allowance of each county shall include an allocation for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity. The allocation shall equal the amount distributed to the county for this purpose in the school year beginning on the first day of July, two thousand three: ~~And~~ Provided further, That any remaining funds credited to a county for the purpose of trips related to academic classroom curriculum during the fiscal year shall be carried over for use in the same manner the next fiscal year and shall be separate and apart from, and in addition to, the appropriation for the next fiscal year: And provided further, That the State Board may request a county to document the use of funds for trips related to academic classroom curriculum if the board determines that it is necessary.

§18-9A-9. Foundation allowance for other current expense and substitute employees.

The total allowance for other current expense and substitute employees shall be 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:
(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) For academic materials, supplies and equipment for use in instructional programs, two 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 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 funds shall be made at the school level by the faculty senate in accordance with the provisions of said section five, article five-a and shall not be used to supplant the current expense expenditures of the county. ~~Beginning~~ On the first day of September of each year, ~~one thousand nine hundred ninety-four, and every September thereafter,~~ county 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.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) For ~~each~~ the school year ~~beginning on the first day of July, one thousand nine hundred ninety-eight, and thereafter,~~ the sum of the allocations shall be the amount appropriated by the Legislature for ~~those~~ such purposes:
(1) One hundred fifty thousand dollars shall be allocated to
to each county;
(2) Distribution to the counties of the remainder of these funds 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. Moneys allocated by provision of this section shall be used to improve instructional programs according to a plan for instructional improvement which the affected county board shall file with the State Board by the first day of ~~August~~ June of each year, to be approved by the State Board by the first day of ~~September~~ August of that year if the plan substantially complies with standards to be adopted by the State Board: Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this section may also be used in the implementation and maintenance of the uniform integrated regional computer information system; and
(3) Up to twenty-five percent of this allocation may be used to employ professional educators and service personnel in counties after all applicable provisions of sections four and five of this
article have been fully utilized.
Prior to the use of any funds from this section for personnel costs, the county board must receive authorization from the state superintendent of schools. The state superintendent shall require the ~~district~~ county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal responsibility in staffing; and (3) sharing of services with adjoining counties and the regional educational service agency for that county in the use of the total local district board budget. ~~District~~ County boards shall make application for available funds for the next fiscal year by the first day of May of each year. On or before the first day of June, the state superintendent shall review all applications and notify applying district boards of the distribution of the allocation. The funds shall be distributed during the fiscal year ~~appropriate~~ appropriated. The State Superintendent shall require the county board to demonstrate the need for an allocation for personnel based upon the county's inability to meet the requirements of state law or state board policy: Provided, That the funds available for personnel under this section may not be used to increase the total number of professional noninstructional personnel in the central office beyond four. The instructional improvement plan shall be made available for distribution to the public at the office of each affected county board.
(b) An amount not less than the amount required to meet debt service requirements on any revenue bonds issued prior to the first day of January, one thousand nine hundred ninety-four, and the debt service requirements on any revenue bonds issued for the purpose of refunding revenue bonds issued prior to the first day of January, one thousand nine hundred ninety-four, shall be paid into the school building capital improvements fund created by section six, article nine-d of this chapter, and shall be used solely for the purposes of that article. The school building capital improvements fund shall not be utilized to meet the debt services requirement on any revenue bonds or revenue refunding bonds for which moneys contained within the school building debt service fund have been pledged for repayment pursuant to that section.
When the school improvement bonds secured by funds from the school building capital improvements fund mature, the state board of education shall annually deposit an amount equal to twenty-four million dollars from the funds allocated in this section into the school construction fund created pursuant to the provisions of section six, article nine-d, chapter eighteen of this code to continue funding school facility construction and improvements.
(c) Any project funded by the school building authority shall be in accordance with a comprehensive educational facility plan which must be approved by the state board and the school building authority.

§18-9A-12. County basic foundation; total basic state aid allowance.

(a) The basic foundation program for each county for the fiscal year shall be the sum of the amounts computed in accordance with the provisions of sections four, five, six, seven, eight, nine and ten of this article. On the first working day of July in each year, the state board shall determine the basic foundation program for each county for that fiscal year. Data used in the computations relating to net and adjusted enrollment, and the number of professional educators and service personnel, shall be ~~for the second month of the prior school term~~ the data for net and adjusted enrollment as defined in section two of this article. The transportation expenditures used in these computations shall be for the most recent year in which data are available. The allocated state aid share of the county's basic foundation program shall be the difference between the cost of its basic foundation program and the county's local share as determined in section eleven of this article except as provided in subsection (b) of this section.
(b) The allocated state aid share shall be adjusted in the following circumstances in the following manner: Provided, That prior to such adjustment, the State Tax Commissioner shall provide the State Board, by the ~~fifteenth~~ first day of ~~January~~ December of each year, a certified listing of those counties in which such adjustment shall be made pursuant to this subsection, together with the amount of revenue which will not be available to each county board in the ensuing fiscal year as a result of the circumstance:
(1) In those instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is under a final court order to refund or credit property taxes paid in prior years, the allocated state aid share shall be the county's basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect or must refund due to the final court order: Provided, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(2) In those instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is collecting tax based upon an assessed value which is less than that determined by the Tax Commissioner in the most recent published survey of property valuations in the state due to an error in the published survey, which error is certified to by the Tax Commissioner, the allocated state aid share shall be the county's basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect based on differences in the assessed valuation between those in the most recent published survey of valuation and the corrected assessed value actually levied upon by the county: Provided, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(3) In instances where a county is unable to collect property taxes from a taxpayer during the pendency of any court proceeding, the allocated state aid share shall be the county's basic foundation program minus the local share as computed under section eleven of this article, plus the amount the county is unable to collect as a result of the pending court proceedings as certified by the Tax Commissioner: Provided, That the county is required to reimburse the amount of allocated state aid share attributable to the amount of property tax it later receives upon completion of court proceedings, which shall be paid into the general revenue fund of the state: Provided, however, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided further, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature.
(c) The allocated state aid share ~~shall be~~ is adjusted in any county receiving payments or contributions in lieu of property taxes. In instances where a county receives payments or contributions in lieu of property taxes, the allocated state aid share ~~shall be~~ is the county's basic foundation program minus the local share as computed under section eleven of this article, plus any amounts added pursuant to subsection (b) of this section minus the payments or contributions in lieu of property taxes which are distributed by the sheriff to the county board of education. In determining the amount of ~~such~~ the contribution or payment in lieu of taxes, each county commission shall provide to the State Tax Commissioner, by the first day of January of each year, the total amount of ~~such~~ the payments or contributions paid to the county and the proportion of the total amount that has been or will be distributed to the county board of education. The State Tax Commissioner then shall provide the State Board, by the fifteenth day of January of each year, a certified listing of those counties in which an adjustment pursuant to this section ~~shall be~~ is made, together with the amount of revenue which will be available to each county board in the ensuing fiscal year as a result of contribution or payment in lieu of taxes.
(d) Total basic state aid to the county ~~shall be~~ is the computed state share of basic foundation support. After ~~such~~ the computation is completed, the State Board shall immediately certify to each county board the amount of state aid allocated to the county for that fiscal year, subject to any qualifying provisions of this article.
§18-9A-15. Allowance for increased enrollment.
County boards of education shall receive one hundred percent of the state aid needed for increased enrollment. To address growth in student enrollment, the Legislature shall ensure that the amount needed to fully fund the increased enrollment is appropriated and sufficient. The appropriated amount will be calculated by adding a percentage increase to the prior year's total computed allocation of growth funds. The percentage increase shall be determined by using the percentage of growth from the county with highest level growth. This percentage of increase will be used to project the percentage increase needed to fully fund the increased enrollment in all growth counties.
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~~ the basic foundation program for that year, the State Superintendent shall compare reports of the net enrollments in the counties at the close of the second school month of the school year to those used in the computations. Upon a determination that the second month net enrollment of a county is greater than the net enrollment used in the computation of the county's basic foundation program for that year, the State Superintendent shall calculate the additional amount of allocated state aid share due to the county from the greater net enrollment. The State Superintendent shall certify to the Governor and the Legislature the total of the additional amounts due to the counties. 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
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. Such 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 appropriated amount still does not fully fund the increased enrollment, then the Governor shall request a supplemental appropriation at the following legislative session for the total additional amounts to be distributed to the respective growth counties to which such amounts are due. This supplemental appropriation is due by the last day of the legislative session. 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.~~
~~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.~~
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 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.~~

NOTE: The purpose of this bill is to remove the delay in funding for increased public school enrollment, to the extent possible, through the use of projected net and adjusted enrollments for calculating the basic foundation program, or the net and adjusted enrollments for the second month of the prior school year, whichever is greater.

Strike-throughs indicate existing language that would be removed, and underscoring indicates new language that would be added.