H. B. 2774
(By
Delegates Ashcraft, Compton, Lindsey,
Prezioso and Richards
)
(Originating in the House Committee on Education)
[March 29, 1993]
A Bill to repeal section twenty-nine, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to repeal section two,
article two-g of said chapter; to repeal section fourteen-a,
article nine-a of said chapter; to amend and reenact section
six, article three chapter eleven of said code; to amend and
reenact sections six-f, six-g and sixteen, article eight of
said chapter; to amend and reenact section one, article two-
a, chapter eighteen of said code; to amend and reenact
sections eighteen and eighteen-a, article five of said
chapter; to amend and reenact sections two, four, five, ten,
eleven and twelve, article nine-a of said chapter; to
further amend said article by adding thereto a new section,
designated section three-b; and to amend and reenact section
nine, article two, chapter eighteen-a of said code, all
relating to public education and the financing thereof;
requiring that property valuations be furnished to state
board by February fifth; providing that county board regular
levy rate calculated for fiscal year one thousand nine
hundred ninety-two be the levy rate for fiscal year one
thousand nine hundred ninety-three; authorizing reduction of
special levy rates under certain circumstances until first
day of July, one thousand nine hundred ninety-five; stating
numerically amount of special levy which may be imposed;
changing textbook adoption cycle from six to eight years;
restricting textbook adoptions for next school year;
providing for full-day on alternating days or full-day
everyday kindergarten programs; authorizing alternative
method of computing additional compensation for certain
classroom teachers; redefining "levies for general current
expense" and "basic resources per pupil" to accommodate
changes in school board levy rate; defining total state
basic foundation program and foundation allowance for
regional educational service agencies for next fiscal year;
defining "permanent substitute" and requiring that they be
counted as professional educators but not as instructional
personnel for purposes of basic state aid; removing
prohibition of county being penalized if its enrollment
increases in certain instances; deleting required
determination regarding expenditures for excess employees;
reallocating certain step seven funds and authorizing
additional utilizations of these funds; redefining method of
computing local share; deleting certain adjustments in basic
foundation program; permitting multi-principalships in
certain instances; and deleting obsolete provisions.
Be it enacted by the Legislature of West Virginia:
That section twenty-nine, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,as amended, be repealed; that section two, article two-g of said
chapter be repealed; that section fourteen-a, article nine-a of
said chapter be repealed; that section six, article three,
chapter eleven of said code be amended and reenacted; that six-f,
six-g and sixteen, article eight of said chapter be amended and
reenacted; that section one, article two-a, chapter eighteen of
said code be amended and reenacted; that sections eighteen and
eighteen-a, article five of said chapter be amended and
reenacted; that sections two, four, five, ten, eleven and twelve,
article nine-a of said chapter be amended and reenacted; that
said article be further amended by adding a new section,
designated three-b; and that section nine, article two, chapter
eighteen-a of said code be amended and reenacted, all to read as
follows:
CHAPTER 11. TAXATION.
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-6. Statements of assessed valuations for
municipalities and boards of education; extension of
levies.
The assessor shall annually, not later than the seventh day
of March February, furnish to the recorder or clerk of the city
or town council of every incorporated city and town in his the
county and also to the secretary of the board of education of his
the county and to the state board of education, a certified
statement, showing in separate amounts the aggregate value of all
property, real and personal, and of all property within each
class as provided in section four five, article eight of this
chapter, and the clerk of the county court commission shall, inlike fashion, certify the aggregate value of all property
assessed by the board of public works, or other board in lieu
thereof, in such city or district, as ascertained from the land
and personal property books and from the statement furnished by
the auditor to the county clerk of the value of property assessed
in such county by the board for the current year.
The statement so furnished shall be taken, by the council of
such city or town, as the proper valuation of all property
situated therein and liable for taxation for municipal purposes
notwithstanding any provisions which may be contained in the
charter of any city or town. Upon receiving such statement, the
recorder or clerk of the council, shall present the same to the
council at a meeting to be held for the purpose of making the
estimate and laying the levy as hereinafter required; and, as
soon as the rate shall have been determined upon, the recorder,
or secretary of the council, shall furnish the officer whose duty
it is to make out the land and personal property books a
certified copy of the order of such city or town council fixing
the rate of tax, and such officer shall thereupon extend the tax
against the property situated in such city or town, in the land
books and the personal property book of his the county, in
separate columns in such books, which columns shall be headed
with the words: "Town, or city, tax for the town, or city, of
_______________."
ARTICLE 8. LEVIES.
§11-8-6f. Effect on regular school board levy rate when
appraisal results in tax increase.
(a) Notwithstanding any other provision of law, where anyannual appraisal, triennial appraisal or general valuation of
property would produce a statewide aggregate assessment that
would cause an increase of one percent or more in the total
property tax revenues that would be realized were the then
current regular levy rates of the county boards of education to
be imposed, the rate of levy for county boards of education shall
be reduced uniformly statewide and proportionately for all
classes of property for the forthcoming tax year so as to cause
such rate of levy to produce no more than one hundred one percent
of the previous year's projected statewide aggregate property tax
revenues from extending the county board of education levy rate,
unless subsection (b) of this section is complied with. The
reduced rates of levy shall be calculated in the following
manner: (1) The total assessed value of each class of property
as it is defined by section five, article eight of this chapter
for the assessment period just concluded shall be reduced by
deducting the total assessed value of newly created properties
not assessed in the previous year's tax book for each class of
property; (2) the resulting net assessed value of Class I
property shall be multiplied by .01; the value of Class II by
.02; and the values of Class III and IV, each by .04; (3) total
the current year's property tax revenue resulting from regular
levies for the boards of education throughout this state and
multiply the resulting sum by one hundred one percent:
Provided,
That the one hundred one percent figure shall be increased by the
amount the boards of educations' increased levy provided for in
subsection (b), section eight, article one-c of this chapter; (4)
divide the total regular levy tax revenues, thus increased insubdivision (3), above, by the total weighted net assessed value
as calculated in paragraph two of this subsection and multiply
the resulting product by one hundred; the resulting number is the
Class I regular levy rate, stated as cents-per-one hundred
dollars of assessed value; and (5) the Class II rate is two times
the Class I rate; Classes III and IV, four times the Class I rate
as calculated in the preceding subdivision:
Provided, however,
That the rate of levy for county boards of education for the
fiscal year beginning on the first day of July, one thousand nine
hundred ninety-three shall be equal to the rate of levy
calculated for the fiscal year beginning on the first day of
July, one thousand nine hundred ninety-two, pursuant to the
provisions of this subsection.
An additional appraisal or valuation due to new construction
or improvements, including beginning recovery of natural
resources, to existing real property or newly acquired personal
property shall not be an annual appraisal or general valuation
within the meaning of this section, nor shall the assessed value
of such improvements be included in calculating the new tax levy
for purposes of this section. Special levies shall not be
included in any calculations under this section.
(b) After conducting a public hearing, the Legislature may,
by act, increase the rate above the reduced rate required in
subsection (a) of this section if any such increase is deemed to
be necessary.
(c) This section shall be effective as to any regular levy
rate imposed for the county boards of education for taxes due and
payable on or after the first day of July, one thousand ninehundred ninety-one. If any provision of this section is held
invalid, such invalidity shall not affect other provisions or
applications of this section which can be given effect without
the invalid provision or its application and to this end the
provisions of this section are declared to be severable.
§11-8-6g. Effect on special levy rates when appraisal results
in tax revenue increase; public hearings.
(a) As to any special levy in effect prior to on the first
day of March July, one thousand nine hundred ninety-five, until
the first day of July, one thousand nine hundred ninety-five, and
notwithstanding any other provision of law, where any annual
appraisal, triennial appraisal or general valuation of property
would produce an assessment that would cause an increase of four
percent or more in the total projected property tax revenues that
would be realized were the special levy rates then in effect by
the county commission, the municipalities or the county board of
education to be imposed, the local levying body shall comply with
subsection (b) of this section and may reduce the rate of special
levy in accordance with the provisions of subsection (d) of this
section until the first day of July, one thousand nine hundred
ninety-five. After the first day of July, one thousand nine
hundred ninety-five, each levying body shall adopt only the levy
rate which is specified and approved in the levy ballot:
Provided,
That if the special levy ballot provision authorizes
the levying body to reduce the rate of special levy, such rate
may be reduced in accordance with the special levy ballot
provision.
An additional appraisal or valuation due to new constructionor improvements to existing real property, including beginning
recovery of natural resources, and newly acquired personal
property shall not be an annual appraisal or general valuation
within the meaning of this section, nor shall the assessed value
of such improvements be included in calculating the new tax levy
for purposes of this section.
(b) Any local levying body projected to realize such
increase greater than four percent shall conduct a public hearing
no later than the twentieth day of March April, one thousand nine
hundred ninety-three, and the twentieth day of March in the years
one thousand nine hundred ninety-four and one thousand nine
hundred ninety-five, which hearing may be held at the same time
and place as the annual budget hearing. Notice of the public
hearing and the meeting in which the levy rate shall be on the
agenda shall be given at least seven days before the date for
each public hearing by the publication of a notice in at least
one newspaper of general circulation in such county or
municipality:
Provided,
That a Class IV town or village as
defined in section two, article one, chapter eight of this code,
in lieu of the publication notice required by this subsection,
may post no less than four notices of each public hearing, which
posted notices shall contain the information required by the
publication notice and which shall be in available, visible
locations including the town hall. The notice shall be at least
the size of one-eighth page of a standard size newspaper or one-
fourth page of a tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than twenty-four
point. The publication notice shall be placed outside thatportion, if any, of the newspaper reserved for legal notices and
classified advertisements and shall also be published as a Class
II-O legal advertisement in accordance with the provisions of
article three, chapter fifty-nine of this code. The publication
area is the county. The notice shall be in the following form
and contain the following information, in addition to such other
information as the local governing body may elect to include:
HEARING REGARDING SPECIAL LEVY RATES
The (name of the local levying body) hereby gives notice
that the special levy rate imposed by the (local levying body)
causes an increase in property tax revenues due to increased
valuations.
1. Appraisal/Assessment Increase: Total assessed value of
property, excluding additional assessments due to new or improved
property, exceeds last year's total assessed value of property by
..... percent.
2. Current Year's Revenue Produced Under Special Levy:
3. Projected Revenue Under Special Levy for Next Tax Year:
4. Revenue Projected from New Property or Improvements:
$.....
5. General areas in which new revenue is to be allocated:
A public hearing on the issue of special levy rates will be
held on (date and time) at (meeting place). A decision regarding
the special levy rate will be made on (date and time) at (meeting
place).
(c) All hearings are open to the public, and the local
levying body shall permit persons desiring to be heard an
opportunity to present oral testimony within such reasonable timelimits as are determined by the governing body. A decision
regarding the special levy rate shall be made within ten days of
the hearing.
(d) For the fiscal years beginning on the first day of July,
one thousand nine hundred ninety-three, ninety-four and
ninety-five, as to any special levy in effect prior to on the
first day of March July, one thousand nine hundred ninety-five,
a local levying body may reduce the rate of the special levy for
all classes of property for the forthcoming tax year so as to
cause such rate of special levy to produce no more than one
hundred four percent of the previous year's projected property
tax revenues from extending such special levy rates or such
lesser reduction the local levying body considers adequate:
Provided,
That no levying body shall reduce any special levy if
such levy rate has been covenanted or otherwise dedicated and is
necessary to the payment of bonds or other obligations existing
as of the effective date of this section:
Provided, however,
That nothing contained in this subsection shall be construed to
limit the reduction of the levy rate when the terms of the
special levy permit a lower reduction:
Provided further,
That
this provision shall not restrict the ability of a local levying
body to enact excess levies as authorized under existing
statutory or constitutional provisions.
(e) If any provision of this section is held invalid, such
invalidity shall not affect other provisions or applications of
this section which can be given effect without the invalid
provision or its application and to this end the provisions of
this section are declared to be severable.
§11-8-16. What order for election to increase levies to show;
vote required; amount and continuation of additional
levy; issuance of bonds.
A local levying body may provide for an election to increase
the levies, by entering on its record of proceedings an order
setting forth:
(1) The purpose for which additional funds are needed;
(2) The amount for each purpose;
(3) The total amount;
(4) The separate and aggregate assessed valuation of each
class of taxable property within its jurisdiction;
(5) The proposed additional rate of levy in cents on each
class of property;
(6) The proposed number of years, not to exceed three, to
which the additional levy shall apply, except that in the case of
county boards of education the proposed number of years shall not
exceed five;
(7) The fact that the local levying body will or will not
issue bonds, as provided by this section, upon approval of the
proposed increased levy.
The local levying body shall submit to the voters within
their political subdivision, the question of the additional levy
at either a general or special election. If at least sixty
percent of the voters cast their ballots in favor of the
additional levy, the local levying body may impose the additional
levy. This levy shall not exceed fifty percent of the rates
authorized in sections ten and fourteen of this article a rate no
more than seven and fifteen hundredths cents for each one hundreddollars of value for class I properties, and for class II
properties a rate no more than twice the rate for class I
properties, and for class III and IV properties a rate no more
than twice the rate for class II properties for county courts
commissions and municipalities, a rate no more than six and
twenty-five hundredths cents for each one hundred dollars of
value for class I properties, and for class II properties a rate
no more than twice the rate for class I properties, and for class
III and IV properties a rate no more than twice the rate for
class II properties for municipalities, nor one hundred percent
of the rates authorized in section twelve of this article a rate
no more than twenty-two and ninety-five hundredths cents for each
one hundred dollars of value for class I properties, and for
class II properties a rate no more than twice the rate for class
I properties, and for class III and IV properties a rate no more
than twice the rate for class II properties for county boards of
education, as the case may be.
Levies authorized by this section shall not continue for
more than three years in the case of county courts commissions
and municipalities and five years in the case of county boards of
education without resubmission to the voters.
Upon approval of an increased levy as provided by this
section, a local levying body may immediately issue bonds in an
amount not exceeding the amount of the increased levy plus the
total interest thereon, but the term of such bonds shall not
extend beyond the period of such increased levy.
Insofar as they might concern the issuance of bonds as
provided for in this section, the provisions of sections threeand four, article one, chapter thirteen of this code shall not
apply:
Provided,
That nothing herein contained shall conflict
with the provisions of article X, section 8 of the constitution
of West Virginia.
CHAPTER 18. EDUCATION.
ARTICLE 2A. TEXTBOOK ADOPTION.
§18-2A-1. Definition; adoption groups; adoption schedule.
The definition of "textbooks" includes books; instructional
materials, as used therein, means systems of instructional
materials, or combinations of books and supplementary materials
which convey information to the pupil; learning technologies,
including, but not limited to, applications using computer
software, computer assisted instruction, interactive videodisc;
other computer courseware and magnetic media. Textbooks,
instructional materials, learning technologies or any combination
thereof adopted on the state multiple list must substantially
cover the required content and skills for the subject as approved
by the state board of education. Adopted materials must be
current and information presented accurately.
On or before the first day of July, one thousand nine
hundred ninety-two, the state board of education shall classify
the elementary and secondary school subjects required to be
taught in the schools of our state into adoption groups by
related subject fields as nearly as possible. A schedule for the
periods of adoption shall be determined by the state board of
education:
Provided,
That magazines, newspapers and other
periodicals may be purchased by a county board of education for
classroom use to supplement those items adopted on the statemultiple list without having to comply with the adoption
procedures provided in this article:
Provided, however,
That
magazines, newspapers and periodicals shall be deemed to be
textbooks for purposes of special excess levies subject to the
provisions of section sixteen, article eight, chapter eleven, of
this code when the described purpose under said section is for
textbooks. The state adoption cycle as to the science and health
textbooks shall not exceed six years and the adoption cycle as to
all other textbooks shall not exceed eight years:
Provided
further,
That the county textbook adoption committees may request
a waiver of the six year maximum adoption cycles from the state
board of education:
And provided further,
That during the school
year beginning on the first day of July, one thousand nine
hundred ninety-three, the state board of education shall make
additional adoptions only in the subject of science, and county
boards of education shall make additional adoptions and purchases
only in the subjects of science and health.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
County boards of education shall provide by no later than
the school year one thousand nine hundred eighty-three -- eighty-
four ninety-four -- ninety-five, and continue thereafter, full-
day on alternating days or full-day everyday kindergarten
programs for all children who shall have attained the age of five
prior to September first of the school year in which the pupil
enters such kindergarten program and may establish kindergarten
programs designed for children below the age of five.: That
nothing herein shall prohibit children who shall have attainedthe age of five prior to November first of the school year one
thousand nine hundred eighty-three -- eighty-four from entering
such kindergarten program.
Persons employed as kindergarten teachers, as distinguished
from paraprofessional personnel, shall be required to hold a
certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board of
education. The state board of education shall establish and
prescribe guidelines and criteria setting forth the minimum
requirements for all paraprofessional personnel employed in
kindergarten programs established pursuant to the provisions of
this section and no such paraprofessional personnel shall be
employed in any kindergarten program unless he meets such minimum
requirements.
The state board of education with the advice of the state
superintendent of free schools shall establish and prescribe
guidelines and criteria relating to the establishment, operation
and successful completion of full-day on alternating days or
full-day everyday kindergarten programs in accordance with the
other provisions of this section. Guidelines and criteria so
established and prescribed are also intended to serve for the
establishment and operation of nonpublic kindergarten programs
and shall be used for the evaluation and approval of such
programs, provided application for such evaluation and approval
is made in writing to the state board by proper authorities in
control of such programs. The state superintendent of free
schools at intervals not to exceed two years shall publish a list
of nonpublic kindergarten programs that have been approved inaccordance with the provisions of this section and a list of
Montessori kindergartens established and operated in accordance
with usual and customary practices for the use of the Montessori
method. Teachers who have training or experience in the use of
the Montessori method of instruction for kindergartens shall be
deemed to be approved to teach in such kindergartens using the
Montessori method without additional certification.
Pursuant to such guidelines and criteria, and only pursuant
to such guidelines and criteria, the county boards may establish
programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional
personnel in addition to and to supplement regularly certified
teachers, mobile or permanent classrooms and other means
developed to best carry kindergarten to the child in its home and
enlist the aid and involvement of its parent or parents in
presenting the program to the child; or may develop programs of
a more formal kindergarten type, in existing school buildings, or
both, as such county board may determine, taking into
consideration the cost, the terrain, the existing available
facilities, the distances each child may be required to travel,
the time each child may be required to be away from home, the
child's health, the involvement of parents and such other factors
as each county board may find pertinent. Such determinations by
any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the
fiscal year one thousand nine hundred seventy-two, and
thereafter, shall be allocated to counties from a special
appropriation to the state department of education from thegeneral revenue fund:
Provided,
That except for expenditures
from the general revenue funds for regional kindergarten
demonstration centers, in no event shall any state money from the
general fund be expended under the provisions of this section
unless federal funds are available for the purposes of this
section.
Allocations to counties will be made on the basis of
approved kindergarten programs. The West Virginia board of
education shall establish criteria and standards necessary to
guide counties in developing approvable full-day on alternating
days or full-day everyday kindergarten programs and shall
determine funding levels of said programs on local operating
costs.
An additional appropriation shall be made to the state
department of education from the general revenue fund to
establish and operate during the fiscal year one thousand nine
hundred seventy-two, regional kindergarten demonstration centers
in educational regions three, four, five, six and seven, and
thereafter in regions one through seven. Said funds shall be
allocated to said regions for establishing and operating regional
demonstration centers in accordance with criteria and standards
established by the West Virginia board of education. Said
regional centers shall be established to provide exemplary and
innovative kindergarten programs, to provide laboratory
experiences for preservice and in-service education for
professional personnel and staff development programs for
training paraprofessional personnel, to establish organizational
and administrative machinery designed to promote cooperationbetween and among all agencies involved in the education and
development of young children, and to promote cooperation between
counties in providing high cost supervisory, developmental,
research and evaluative services not currently available to
individual counties.
§18-5-18a. Maximum teacher-pupil ratio.
County boards of education shall provide, by the school year
one thousand nine hundred eighty-three--eighty-four, 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
pupils for each teacher of the grade or grades and shall not have
more than twenty 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 one thousand
nine hundred eighty-four--eighty-five, 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 one thousand nine hundred
eighty-six--eighty-seven, 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 the first dayof January, one thousand nine hundred eighty-three:
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 one thousand nine hundred eighty-
four--eighty-five, 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 pupils per teacher in a specific kindergarten
classroom and twenty-five pupils per teacher in a specific
classroom in grades one 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 pupils per kindergarten teacher per session limit or the
twenty-five pupils per teacher limit in grades one through six is
waived in schools where the schoolwide pupil-teacher ratio is
twenty-five or less in grades one 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 pupils per sessionand any classroom teacher of grades one through six who has more
than twenty-five pupils shall be paid additional compensation
based on the affected classroom teacher's average daily salary
divided by twenty for kindergarten teachers or twenty-five 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. additional compensation based upon an
agreement formulated as follows: The affected classroom teacher
and/or designee, shall meet, confer and discuss with the county
board or its designee, the issue of additional compensation and
the terms necessary to effectuate the administration of such
additional compensation, and, upon completion of these
discussions, the results shall be reduced to writing and signed
by both parties, and implemented pursuant to the terms of the
agreement. Any agreement reached pursuant to this section shall
be separate from the teachers employment contract and the
teacher's employment contract shall not be conditioned upon the
teacher's acceptance or continuance of such agreement. All such
Any additional compensation for all such affected classroom
teachers shall be paid from county funds exclusively.
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 perteacher for all classes in grades seven through twelve. The
state board shall report such information to the legislative
oversight commission on education accountability before the first
day of January of each 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 synonymous with and shall
have 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 included as professional
instructional personnel for that ratio of the school day for
which he 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 the state legally
mandated salaries for service personnel as provided in sectioneight-a, article four, chapter eighteen-a of this code.
"Service personnel" shall mean 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 adult students.
"Adjusted enrollment" means the net enrollment plus twice
the number of pupils enrolled for special education. Commencingwith 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 determiningadjusted enrollment. Such 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 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.
"Levies for general current expense purposes" means on each
hundred dollars of valuation, twenty-two and five tenths cents on
Class I property, forty-five cents on Class II property, and
ninety cents on Classes III and IV property 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, maximum regular levy rates as
provided by section six-c, article eight, chapter eleven of this
code, at a uniform rate of ninety-five percent, 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 totaldivided 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 cost 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-3b. Total state basic foundation program and
foundation allowance for regional educational
service agencies for fiscal year 1993-1994 only.
(a) Notwithstanding any other provisions of this article to
the contrary, the total basic foundation program for the state
for the fiscal year one thousand nine hundred ninety-three--
ninety-four shall be the sum of the amounts computed in
accordance with this section, less the county's local share:
(1) Allowance for professional educators in an amount at
least equal to the appropriation for such allowance in the fiscal
year one thousand nine hundred ninety-two--ninety-three;
(2) Allowance for service personnel in an amount at least
equal to one hundred and ninety million dollars;
(3) Allowance for fixed charges in an amount at least equal
to the appropriation for such allowance in the fiscal year one
thousand nine hundred ninety-two--ninety-three;
(4) Allowance for transportation cost in an amount at least
equal to the appropriation for such allowance in the fiscal year
one thousand nine hundred ninety-one--ninety-two;
(5) Allowance for administrative cost in accordance with the
provisions of section eight of this article;
(6) Allowance for other current expense and substitute
employees in an amount at least equal to the appropriation for
such allowance in the fiscal year one thousand nine hundred
ninety-one--ninety-two; and
(7) Allowance to improve instructional programs in an amount
of twenty-eight million eight hundred thousand dollars.
(b) Notwithstanding the provisions of section eight-a of
this article, the foundation allowance for regional educational
service agencies for the fiscal year one thousand nine hundred
ninety-three--ninety-four shall be in an amount equal to the
appropriation for such allowance in the fiscal year one thousand
nine hundred ninety-one--ninety-two, unless a greater amount is
appropriated by the Legislature.
§18-9A-4. Foundation allowance for professional educators.
The basic foundation allowance to the county for
professional educators shall be the amount of money required to
pay the state minimum salaries, in accordance with provisions of
article four, chapter eighteen-a of the code, to such personnel
employed:
Provided,
That in making this computation no county
shall receive an allowance for such personnel which number is in
excess of fifty-four and thirty-three one-hundredths professional
educators to each one thousand students in adjusted enrollment:
Provided, however,
That for the school year commencing on thefirst day of July, one thousand nine hundred ninety-one, and
thereafter, no county shall receive an allowance for such
personnel which number is in excess of fifty-three and one-half
professional educators to each one thousand students in adjusted
enrollment:
Provided however, further,
AndProvided 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 for such school or program may be prorated among the
participating counties on the basis of each one's enrollment
therein and that such 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 no permanent
substitute shall be included in the minimum ratio for
professional instructional personnel. Permanent substitutes may
be included in the computation for professional educators. For
the purposes of this section, permanent substitute shall mean afull-time employee who performs the duties of a day-to-day
substitute:
And provided further,
That no county shall 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 be penalized if it has
increases in enrollment during that school year:
No county shall increase the number of administrative
personnel employed as either professional educators 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 classroom teachers for curriculum
administrative positions through the use of modified or extendedcontracts:
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.
Every county board of education shall annually determine the
number of professional educators employed that exceeds the number
allowed by the public school support plan and determine the
amount of salary supplement that would be available per state
authorized employee if all expenditures for such excess employees
were converted to annual salaries for state authorized
professional educators within their county. Such information
shall be published annually in each school report card of each
such county.
§18-9A-5. Foundation allowance for service personnel.
The basic foundation allowance to the county for service
personnel shall be the amount of money required to pay the annual
state minimum salaries in accordance with the provisions of
article four, chapter eighteen-a of the code, to such service
personnel employed:
Provided,
That no county shall receive an
allowance for an amount in excess of thirty-four service
personnel per one thousand students in adjusted enrollment:
Provided, however,
That the state superintendent of schools is
authorized in accordance with rules and regulations established
by the state board and upon request of a county superintendent
to waive the maximum ratio of thirty-four service personnel perone 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 that student population density
and miles of bus route driven justify such waiver, 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:
Provided
further,
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 granted and the fiscal impact
related thereto. Every county shall utilize 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 service
personnel per one thousand students in adjusted enrollment, such
allowance shall be computed based upon the average state minimum
pay scale salary of all service personnel in such 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 such
limit be fewer than two service personnel until the county
attains the maximum ratio set forth:
Provided, however,
Thatwhere 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 such school or program may be
prorated among the participating counties on the basis of each
one's enrollment therein and that such personnel shall be
considered within the above-stated limit.
Every county board of education shall annually determine the
number of service personnel employed that exceeds the number
allowed by the public school support plan and determine the
amount of salary supplement that would be available per state
authorized employee if all expenditures for such excess employees
were converted to annual salaries for state authorized service
personnel. Such information shall be published annually in each
school report card of each county.
§18-9A-10. Foundation allowance to improve instructional
programs.
(a) For the school year beginning on the first day of July,
one thousand nine hundred, ninety-two ninety-three only,
thirty-one twenty-eight million, two eight hundred sixteen
thousand, eight hundred three dollars, in addition to funds which
accrue from allocations due to increase in total local share
above that computed for the school year beginning on the first
day of July, one thousand nine hundred ninety-two, from balances
in the general school fund, or from appropriations for such
purpose shall be allocated to increase state support of counties
as follows:
(1) Twenty percent of these funds shall be allocated to the
counties proportional to adjusted enrollment; and
(a) Four million dollars shall be allocated for the purposes
of funding section fifteen, article nine-a, of this chapter. The
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.
(2) Each county whose allocation in subsection (1) is less
than one hundred fifty thousand dollars in any fiscal year shall
then receive an amount which equals the difference between such
amount received and one hundred fifty thousand dollars.
(b) The remainder of these funds shall be allocated
according to the following plan for progress toward basic
resources per pupil equity:
Beginning with the county which has the lowest basic
resources per pupil and progressing through the counties
successively to and beyond the county with the highest basic
resources per pupil, the funds available shall be allocated in
amounts necessary to increase moneys available to the county or
counties to the basic resources per pupil level, as nearly as is
possible, of the county having the next higher basic resources
per pupil:
Provided,
That no county shall lose or gain more than
fifteen percent over the previous year's allocation.
(c) Any county whose allocation under subsections (a) and
(b) of this section is less than two hundred seventy-five
thousand dollars shall receive an additional appropriation which
equals the difference between such allocation and two hundred
seventy-five thousand dollars.
(b) Twenty-four million, eight hundred thousand dollarsshall be allocated to the counties according to the following
plan:
(1) One hundred fifty thousand dollars shall be allocated to
each county; and
(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.
(d) To be eligible for its allocation under this section, a
county board shall lay the maximum regular tax rates set out in
section six-c, article eight, chapter eleven of this code:
Provided,
That 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
of each year, to be approved by the state board by the first day
of September of that year if such plan substantially complies
with standards to be adopted by the state board:
Provided,
however,
That
(3) For the school year beginning on the first day of July,
one thousand nine hundred ninety-two ninety-three, up to fifteen
twenty-five percent of this allocation may be used to employ
professional educators and/or 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 superintendentshall require the district 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 boards
shall make application for available funds by the first day of
May, one thousand nine hundred ninety-two ninety-three. 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. Such funds shall be
distributed during the fiscal year as appropriate. 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. Such instructional improvement plan shall be made
available for distribution to the public at the office of each
affected county board.
(e)(c) Commencing with the school year beginning on the
first day of July, one thousand nine hundred ninety-two ninety-
three, twenty-one twenty-three million, four hundred forty
thousand, four hundred ninety-three dollars 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 said article nine-d. In each fiscal year
thereafter, fifty percent of the funds which accrue due to anincrease in local share above that computed for the school year
beginning on the first day of July, one thousand nine hundred
eighty-seven, 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 said
article nine-d:
Provided,
That if funds are available and
appropriated in each such subsequent fiscal year, not less than
seven million seven hundred thousand dollars shall be added to
the amount of the prior year's appropriation for such fund.
§18-9A-11. Computation of local share; appraisal and assessment
of property.
(a) For the fiscal year beginning on the first day of July,
one thousand nine hundred ninety-three, and thereafter, the total
assessed taxable value required for each class of property in
each county shall not exceed the value so required by the tax
commissioner for the fiscal year beginning on the first day of
July, one thousand nine hundred eighty-nine. Thereafter, on the
basis of the most recent survey report to the legislature of
property valuations in the state as to all classes of property in
all counties as determined and published by the tax commissioner
for the next ensuing fiscal year in reliance upon the appraised
assessed values annually developed by each county assessor
pursuant to the provisions of article one-c and article three,
chapter eleven of this code, the state board shall for each
county compute by application of the levies for general current
expense purposes, as defined in section two of this article, the
amount of revenue which such levies would produce if levied upon
one hundred percent of the appraised assessed value of each ofthe several classes of property contained in the report or
revised report of such value, made to it by the tax commissioner
as follows:
(1) The state board shall first take ninety-seven and one-
half ninety-five percent of the amount ascertained by applying
these rates to the total assessed public utility valuation in
each classification of property in the county.
(2) The state board shall then apply these rates to the
assessed taxable value of other property in each classification
in the county as determined by the tax commissioner and shall
deduct therefrom five percent as an allowance for the usual
losses in collections due to discounts, exonerations,
delinquencies and the like. All of the amount so determined
shall be added to the ninety-seven and one-half ninety-five
percent of public utility taxes computed as provided above, and
this total shall be further reduced by the amount due each county
assessor's office pursuant to the provisions of section eight,
article one-c, chapter eleven of this code, and this amount shall
be the local share of the particular county.
As to any estimations or preliminary computations of local
share that may be required prior to the report to the legislature
by the tax commissioner, the state board of education shall use
the most recent projections or estimations that may be available
for such purpose.
(b) Whenever in any year a county assessor or a county
commission shall fail or refuse to comply with the provisions of
this section in setting the valuations of property for assessment
purposes in any class or classes of property in the county, thestate tax commissioner shall review the valuations for assessment
purposes made by the county assessor and the county commission
and shall direct the county assessor and the county commission to
make such corrections in the valuations as may be necessary so
that they shall comply with the requirements of chapter eleven of
this code and this section, and the tax commissioner shall enter
the county and fix the assessments at the required ratios.
Refusal of the assessor or the county commission to make such
corrections shall constitute ground for removal from office.
§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, shall be
for the second month of the prior school term. 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,
Thatprior to such adjustment, the state tax commissioner shall
provide the state board, by the fifteenth day of January 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.
(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 thecounty.
(3) In instances where a county is unable to collect
property taxes from a taxpayer during the pendency of any court
proceedings, 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.
(c) The allocated state aid share shall be 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 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 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 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 thefifteenth day of January of each year, a certified listing of
those counties in which an adjustment pursuant to this section
shall be 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 the
computed state share of basic foundation support. After such
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.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-9. Duties and responsibilities of school principals;
assistant principals.
Upon the recommendation of the county superintendent of
schools, the county board of education shall employ and assign,
through written contract, public school principals who shall
supervise the management and the operation of the school or
schools to which they are assigned. Such principals shall hold
valid administrative certificates appropriate for their
assignments.
Beginning on the first day of July, one thousand nine
hundred ninety-four, the prerequisites for issuance of an
administrative certificate for principals shall include that the
person has successfully completed at least six credit hours of
approved course work in public school management techniques at an
accredited institution of higher education and has successfullycompleted education and training in evaluation skills through the
center for professional development, or equivalent education and
training in evaluation skills approved by the state board.
Under the supervision of the superintendent and in
accordance with the rules and regulations of the county board of
education, the principal shall assume administrative and
instructional supervisory responsibility for the planning,
management, operation and evaluation of the total educational
program of the school or schools to which he is assigned.
The principal may submit recommendations to the
superintendent regarding the appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the school
or schools under said principal's control. Such recommendation
shall be submitted in writing as prescribed by the
superintendent.
The principal shall perform such other duties as may be
assigned by the superintendent pursuant to the rules and
regulations of the county board of education.
Upon recommendation of the county superintendent of schools,
the county board of education shall, when needed, employ and
assign, through written contract, assistant principals who shall
work under the direction of the school principal. Such assistant
principals shall hold valid administrative certificates
appropriate for their assignments.
On or before the first day of July, one thousand nine
hundred eighty-nine ninety-three and continuing thereafter, each
county board of education shall assign a certified principal to
each school and no any principal may be assigned more than twoschools:
Provided,
That where total enrollment exceeds four
hundred students there will be no additional schools assigned to
that principal.
No principal assigned to more than one school may be
assigned any teaching duties except on a temporary emergency
basis. No county shall have more teaching principalships or
multi-school principalships than was present on the first day of
January, one thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine
hundred ninety-three and continuing thereafter, each county board
of education shall employ a full-time supervising principal at
each school whose net enrollment equals or exceeds one hundred
seventy students. a principal assigned to a school with a net
enrollment equal to or greater than one hundred seventy students
may not be assigned any teaching duties except on a temporary
emergency basis. When a principal is assigned on a full-time
basis to a school whose net enrollment is more than seventy-five
students but less than one hundred seventy students, such
principal shall have a minimum of twenty hours per week for
nonteaching duties. A principal assigned on a full-time basis to
a school with seventy-five students or less shall have a minimum
of ten hours per week for nonteaching duties:
Provided,
That
nothing in this section prohibits a county board of education
from assigning a full-time supervising principal to a school with
a net enrollment of less than one hundred seventy students.
Nothing contained in this section shall be construed to
reduce or limit the rights and privileges of principals and
assistant principals as teachers under the provisions of sectionone, article one, chapter eighteen of the code of West Virginia
as amended; section one, article one, chapter eighteen-a; and
other provisions of this code:
Provided,
That on or before the
first day of July, one thousand nine hundred ninety-three, the
state board of education shall not deny a county board of
education the right to place a principal in a school with less
than one hundred seventy students.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.