Senate Bill No. 428
(By Senator Wagner)
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[Introduced February 21, 1994; referred to the Committee
on Education.]
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A BILL to amend and reenact section eighteen, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article eight,
chapter eleven of said code by adding thereto a new section,
designated section six-h; to amend and reenact section
eighteen-a, article seven-a, chapter eighteen of said code;
to amend and reenact sections two, four, five, five-a, six,
nine, ten and twenty-four, article nine-a of said chapter;
and that said article be further amended by adding thereto
two new sections, designated sections six-b and twenty-five,
all relating to total state basic foundation programs for
public education; clarifying payments to the public
employees insurance agency by county boards of education;
reducing automatic payments from county boards of education
to public libraries; increasing payments to the teachers
retirement system; increasing the caps on gifted and honors
and advanced placement programs; providing a definition for
professional administrative personnel; increasing the number
of professional educators and increasing the number of
substitutes for professional educators; providing one
million five hundred thousand dollars for waiver program for
service personnel and increasing the number of substitutes
for service personnel; amending the net enrollment cap for
professional and service personnel; allocating the growth in
local share to salaries and fixed charges; increasing the
allocation for faculty senates and staff development
councils; repealing the growth in local share designated for
improved instructional programs; increasing the contribution
to the teachers retirement system; and clarifying the
payment of employer premiums to the public employees
insurance agency.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that article eight, chapter
eleven of said code be amended by adding thereto a new section,
designated section six-h; to amend and reenact section eighteen-
a, article seven-a, chapter eighteen of said code; to amend and
reenact sections two, four, five, five-a, six, nine, ten and
twenty-four, article nine-a of said chapter; and that said
article be further amended by adding thereto two new sections,
designated sections six-b and twenty-five, all to read as
follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-18. Payment of costs by employer; schedule of insurance;
special funds created; duties of treasurer with respect
thereto.
All employers operating from state general revenue or
special revenue funds or federal funds or any combination thereof
shall budget the cost of insurance coverage provided by the
public employees insurance agency to current and retired
employees of the employer as a separate line item, titled "PEIA",
in its respective annual budget and are responsible for the
transfer of funds to the director for the cost of insurance for
employees covered by the plan. Each spending unit shall pay to
the director its proportionate share from each source of funds.
Any agency wishing to charge general revenue funds for insurance
benefits for retirees under section thirteen of this article must
provide documentation to the director that the benefits cannot be
paid for by any special revenue account or that the retiring
employee has been paid solely with general revenue funds for
twelve months prior to retirement.
If the general revenue appropriation for any employer,
including excluding a county board boards of education, is
insufficient to cover the cost of insurance coverage for theemployer's participating employees, retired employees and
surviving dependents, the employer shall pay the remainder of
the cost from its "personal services" or "unclassified" line
items. or, in the case of a county board of education, from
other funds The amount of such payments for county boards of
education shall be determined by the method set forth in section
twenty-five, article nine-a, chapter eighteen of this code:
Provided,
That local excess levy funds shall be used only for the
purposes for which they were raised:
Provided, however,
That
after approval of its annual financial plan but in no event later
than the thirty-first day of December of each year, the finance
board shall notify the Legislature and county boards of education
of the maximum amount of employer premiums that the county boards
of education will be required to pay for covered employees during
the following fiscal year. Provided further, That the amount
shall not exceed five million, five hundred thousand dollars
during fiscal year one thousand nine hundred ninety-four: And
Provided further, That the finance board and department of
education shall determine the extent to which state school aid
appropriations are being used by the county school boards to pay
employer premiums for employees whose positions are not funded by
state revenues and shall develop and implement a plan to minimize
the expenditures.
All other employers not operating from the state general
revenue fund shall pay to the director their share of premium
costs from their respective budgets. The finance board shallestablish the employers' share of premium costs to reflect and
pay the actual costs of the coverage including incurred but not
reported claims.
The contribution of the other employers (namely: A county,
city or town in the state; any separate corporation or
instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality
supported in most part by counties, cities or towns; any public
corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more
counties, cities or towns; any comprehensive community mental
health center or comprehensive mental retardation facility
established, operated or licensed by the secretary of health and
human resources pursuant to section one, article two-a, chapter
twenty-seven of this code, and which is supported in part by
state, county or municipal funds; and a combined city-county
health department created pursuant to article two, chapter
sixteen of this code) for their employees shall be such
percentage of the cost of the employees' insurance package as the
employers deem reasonable and proper under their own particular
circumstances.
The employee's proportionate share of the premium or cost
shall be withheld or deducted by the employer from the employee's
salary or wages as and when paid and the sums shall be forwarded
to the director with such supporting data as the director may
require.
All moneys received by the public employees insurance agency
shall be deposited in a special fund or funds as are necessary
in the state treasury and the treasurer of the state shall be
custodian of the fund or funds and shall administer the fund or
funds in accordance with the provisions of this article or as
the director may from time to time direct. The treasurer shall
pay all warrants issued by the state auditor against the fund or
funds as the director may direct in accordance with the
provisions of this article.
CHAPTER 11. TAXATION.
ARTICLE 8. LEVIES.
§11-8-6h. Effect on levy contributions to local libraries or
park boards where levy rates are fixed by a special act of
the Legislature.
Notwithstanding any other provision of law to the contrary,
where the provisions of section six-e or six-f of this article
cause any contributing municipality, county commission or county
board of education to reduce its levy rates to less than the
rates allowed under provisions of section six-b, six-c or six-d,
the local levy rates set by special act for the support of a
local library or park board shall likewise be reduced. The
previous maximum rate for Class I property shall be divided into
the Class I levy rate adopted by the levying body for the fiscal
year beginning the first day of July, one thousand nine hundred
ninety-five, and the resulting percentage shall be applied to
each rate by special act of the Legislature. The resultingadjusted levy rates, when applied to the assessed value of
taxable property in each class of property as contained on the
levying body's official levy estimate document, will be the
levying body's contribution amount for the fiscal year.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-18a. Calculation of allocation to reserve fund.
(a) Beginning the first day of June, one thousand nine
hundred ninety-one, the consolidated public retirement board,
created pursuant to article ten-d, chapter five of this code,
shall make an annual calculation of the aggregate full
compensation actually received by the following persons:
(1) Those persons employed on or after the first day of
July, one thousand nine hundred ninety-one who would have been
teacher members of the state teachers retirement system under
this article if such persons' employment had begun prior to such
date; and
(2) Those persons employed on and after the first day of
July, one thousand nine hundred ninety-one, who would have been
nonteaching members of the state teacher's retirement system
under this article if such persons' employment had begun prior
to such date.
(b) There shall be an annual allocation from the state
general revenue fund to the reserve fund, created by section
eighteen of this article, equal to the sum of seven and one-half
ten and eight-tenths percent of the aggregate compensation totalsof subdivisions one (1) and two (2), subsection (a) of this
section.
There shall be an additional allocation in each year an
amount equal to the total of all irrevocably forfeited amounts in
the suspension account established in section eleven, article
seven-b of this chapter plus earnings thereon which have been
certified to the several contributing employers as irrevocably
forfeited in the prior fiscal year and subsequently utilized by
said contributing employers to reduce their total aggregate
contribution requirements pursuant to section seventeen, article
seven-b of this chapter.
(c) The additional allocation provided in this section
represents a funding method by which a part of a rational
amortization plan will be established to amortize the current
unfunded liability of the teachers retirement system created by
this article. The additional allocations are not and shall not
be construed to be moneys which are owed to, nor earned by any
employee, designated in subdivision (1) or (2), subsection (a) of
this section. The calculation of additional allocation provided
for herein is solely a mathematical formula to quantify the
savings in the state general revenue funds caused by the
enactment of the Teachers' Retirement Reform Act codified in
article seven-b of this chapter.
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 section
eight-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 employeeshall 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. 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 specialeducation, including exceptional gifted, plus the number of
pupils in grades nine through twelve enrolled for honors and
advanced placement programs, plus the number of pupils enrolled
on the first day of July, one thousand nine hundred eighty-nine,
in the gifted program in grades nine through twelve:
Provided,
That commencing with the school year beginning on the first day
of July, one thousand nine hundred ninety, no more than four five
percent of net enrollment of grades one through eight may be
counted as enrolled in gifted education and no more than six
seven percent of net enrollment of grades nine through twelve may
be counted as enrolled in gifted education, exceptional gifted
education (subject to the limitation set forth in section one,
article twenty of this chapter) and honors and advanced placement
programs for the purpose of determining adjusted enrollment
within a county:
Provided, however,
That nothing herein shall 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 theequivalent 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 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 fortransportation 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. Professional administrative
personnel" means a professional educator employed as a
superintendent, associate superintendent, assistant
superintendent, central office administrator, principal,
assistant principal, supervisor, director, coordinator, school
business official, administrative assistant, and others who are
charged with the administering or supervising of the whole or
some assigned part of the total program of the county-wide school
system.
§18-9A-4. Foundation allowance for professional educators.
The basic foundation allowance to the county for
professional educators shall be the sum of the following:
The amount of money required to pay the state minimum
salaries, for the ensuing fiscal year in accordance with
provisions of article four, chapter eighteen-a of this code, to
the personnel employed:
Provided,
That in making this
computation no county shall receive an allowance for the
personnel which number is in excess of educators fifty-three and
one-half professional educators to each one thousand students inadjusted enrollment:
Provided, however,
That in the school year
beginning the first day of July, one thousand nine hundred
ninety-five, and thereafter, no county may receive an allowance
for such personnel which number is in excess of fifty-four and
one-half professional educators to each one thousand students in
adjusted enrollment:
Provided however further,
That any county
not qualifying under the provision of section fourteen of this
article is eligible for a growth rate in professional personnel
in any one year not to exceed twenty percent of its total
potential increase under this provision, except that in no case
shall the limit be fewer than five professionals:
And provided
further,
That the number of and the allowance for personnel paid
in part by state and county funds shall be prorated:
And
provided further,
That where two or more counties join together
in support of a vocational or comprehensive high school or any
other program or service, the professional educators for the
school or program may be prorated among the participating
counties on the basis of each one's enrollment therein and that
the personnel shall be considered within the above-stated limit:
And provided further,
That in the school year beginning the first
day of July, one thousand nine hundred eighty-eight, and in each
school year thereafter, each county board shall establish and
maintain a minimum ratio of fifty professional instructional
personnel per one thousand students in adjusted enrollment:
And
provided further,
That in the school year beginning the first
day of July, one thousand nine hundred ninety-five, and in eachschool year thereafter, each county board shall establish and
maintain a minimum ratio of fifty-one professional instructional
personnel per one thousand students in adjusted enrollment:
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 means a full-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 professional administrative
personnel. 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:
And provided
further,
That any county board which does not establish and
maintain this minimum ratio shall utilize any and all allocations
to it by provision of section fourteen of this article solely to
employ professional instructional personnel until the minimum
ratio is attained. Every county shall utilize methods other than
reductions in force, such as attrition and early retirement,
before implementing their reductions in force policy to comply
with the limitations of this section. It is the intent of the
Legislature that in planning reductions in force to comply with
reduced ratios of professional educators to students in adjustedenrollment, county boards shall consider positions for
elimination in the following order: (1) Central office
administrators, (2) assistant principals, and (3) principals.
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 extended
contracts:
Provided,
That the governor shall submit a
recommendation to the Legislature at the beginning of the regular
session thereof in the year one thousand nine hundred ninety-one
ninety-five, 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 and, for professional educator
substitutes, three and five-tenths percent of the computed state
allocation for professional educators as determined in subsection
(a) of this section.
§18-9A-5. Foundation allowance for service personnel.
The basic foundation allowance to the county for service
personnel shall be the sum of the following:
The amount of money required to pay the annual state minimum
salaries for the ensuing fiscal year in accordance with theprovisions 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 per one thousand students in adjusted enrollment and
the twenty percent per year growth cap provided in this section,
to the extent appropriations are provided but not less than a sum
of one million five hundred thousand dollars annually, in those
cases where the state superintendent determines that student
population density and miles of bus route driven justify the
waiver, except or where the state superintendent determines that
students spend an extraordinary amount of time in transportation
and that the additional service personnel will reduce the
transportation time for these students:
Provided further,
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:
And 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 otherthan 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, the
allowance shall be computed based upon the average state minimum
pay scale salary of all service personnel in the county:
Provided,
That for any county having fewer than thirty-four
service personnel per one thousand students in adjusted
enrollment, in any one year, the number of service personnel used
in making this computation may be increased the succeeding years
by no more than twenty percent per year of its total potential
increase under this provision, except that in no case shall the
limit be fewer than two service personnel until the county
attains the maximum ratio set forth:
Provided, however,
That
where two or more counties join together in support of a
vocational or comprehensive high school or any other program or
service, the service personnel for the school or program may be
prorated among the participating counties on the basis of each
one's enrollment therein and that the personnel shall be
considered within the above-stated limit and for service
personnel substitutes, three and five-tenths percent of the
computed state allowance for service personnel as determined in
subsection (a) of this section.
§18-9A-5a. Ratio of foundation allowances for professional
educators and service personnel to net enrollment.
(a) The purpose of this section is to establish maximum
ratios between the numbers of professional educators and service
personnel in the counties which are funded through the public
school support plan and the net enrollment in the counties, such
ratios are in addition to the ratios provided for in sections
four and five of this article. It is the intent of the
Legislature to adjust these ratios pursuant to legislative act as
may be appropriate when additional personnel are needed to
perform additional duties.
(b) Commencing with the school year one thousand nine
hundred eighty-nine--ninety, and each year thereafter, in
computing the basic foundation allowance to a county for
professional educators and the basic foundation allowance to a
county for service personnel under sections four and five of this
article, a county shall not receive an allowance for such
personnel which number per one thousand students in net
enrollment is in excess of the number of seventy-four and
one-half professional educators and the number of forty-three and
three-quarters service personnel in the county. computed as
follows:
Maximum professionalMaximum service
For theeducators per 1000personnel per 1000
school yearnet enrollment thenet enrollment the
preceding yearpreceding year
1989-9076.545.5
1990-9176.045.0
1991-9275.544.5
1992-9375.044.0
1993-9474.543.75
1994-95 and74.043.5
thereafter
(c) Every county shall utilize methods other than reductions
in force, such as attrition and early retirement, before
implementing their reductions in force policy to comply with the
limitations of this section.
(d) For the school years one thousand nine hundred eighty-
nine--ninety and one thousand nine hundred ninety--ninety-one
only, if a school district loses more than six percent of the
number chargeable for the previous school year for professional
educator positions or service personnel positions, due to the
maximum ratios established in subsection (b) of this section, it
may apply to the state board for a waiver of said ratios to the
extent that the loss exceeds either six percent of its
professional educators or service personnel: Provided, That the
county board of education establishes and maintains the minimum
ratio of professional instructional personnel per one thousand
students in adjusted enrollment as required in section four of
this article. Waivers shall be determined on a case by case
basis according to rules adopted by the state board and granted
to the extent funds are appropriated by the Legislature for this
purpose. Prior to the adoption of such rules, the state board
shall conduct a thorough review of the staffing patterns in eachcounty. Any personnel positions funded as a result of a waiver
granted under the provisions of this subsection shall not be
included in the computations set forth in sections four and five
of this article.
§18-9A-6. Foundation allowance for fixed charges.
The total allowance for fixed charges shall be the sum of
the following:
(1) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
current social security rate of contribution; plus
(2) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by four
hundredths of one percent as an allowance for unemployment
compensation contribution; plus
(3) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above, multiplied by the
rate which is derived by dividing the total contributions for
workers' compensation for professional educators and other
personnel by the total of the state minimum salaries. The
computation of this rate shall be determined by using data of
the most recent year for which available. plus
(4) The teachers retirement fund allowance as determined in
section six-a of this article.
Beginning the first day of July, one thousand nine hundred
ninety-four, and thereafter, an allocation due to increase in
total share above that computed for the school year beginning on
the first day of July, one thousand nine hundred ninety-three,
and thereafter shall be distributed in the following manner: (a)
Sixty percent shall be allocated to the foundation allowance for
professional educators as set forth in section four of this
article, which shall be in addition to the appropriation as
provided for on the first day of July, one thousand nine hundred
ninety-three, and shall be distributed equally throughout the
salary schedule as defined in section two, article four, chapter
eighteen-a of this code; (b) eighteen percent shall be allocated
to reducing net enrollment as provided for in section five of
this article which shall be in addition to the appropriation
provided for on the first day of July, one thousand nine hundred
ninety-three, and shall be distributed equally throughout the
salary schedule as set forth in section eight-a, article four,
chapter eighteen-a of this code; (c) seven percent shall be
allocated to further the purpose set forth in section six of this
article which shall be distributed in the manner required by such
section; and (d) fifteen percent shall be allocated to further
the purpose of funding the payment of employer premiums as
provided for in section twenty-four of this article which shall
be distributed in a manner required by such section.
§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 subparagraphs (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) (2) For academic materials, supplies and equipment for
use in instructional programs, two three hundred dollars
multiplied by the number of professional instructional personnel
employed in the schools of the county. Distribution shall be
made to each county for allocation to the faculty senate of each
school in the county on the basis of two three hundred dollars
per professional instructional personnel employed at the school.
Faculty senate means a faculty senate created pursuant to section
five, article five-a of this chapter. Decisions for the
expenditure of such funds shall be made at the school level by
the faculty senate in accordance with the provisions of said
section five, article five-a, except that each classroom teacher
shall have available one hundred dollars annually for the
purchase of materials, supplies or equipment. and Funds
available to faculty senates shall not be used to supplant the
current expense expenditures of the county. Beginning on the
first day of September, 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; plus
(5) (3) For the school year one thousand nine hundred
ninety--ninety-one only, There shall be a one-time additional
appropriation of five hundred thousand dollars to be distributed
to the counties on a needs basis. Funds shall be distributed to
those very few counties in which costs for the delivery ofeducational services are extraordinarily greater than in the vast
majority of counties, thus impairing the quality of education in
those few counties. The factors used to determine eligibility
for funds shall be sparsity of student population, combined with
geographical barriers to the efficient transportation of
students; or extraordinary growth in net enrollment for school
year one thousand nine hundred ninety--ninety-one, which exceed
the allowance for increased enrollment appropriated in the budget
for that year. Prior to the distribution of funds, the state
superintendent shall establish that the applying county has
demonstrated efficiency and fiscal responsibility in staffing,
and in maximum sharing of services with adjoining counties and
the regional educational service agency for that county in the
use of the total local county budget; plus
(4) Beginning the first day of July, one thousand nine
hundred ninety-four, and every year thereafter the allowance for
county professional staff development councils established
pursuant to section eight, article three, chapter eighteen-a of
this code shall be one tenth of one percent of the computed state
allocation for professional educators as determined in section
four of this article:
Provided,
That the money allocated under
this subdivision shall be used solely by the county professional
staff development councils in accordance with section eight,
article three, chapter eighteen-a; plus
(5) Beginning the first day of July, one thousand nine
hundred ninety-four, and every year thereafter the allowance forcounty service personnel staff development councils shall be one
tenth of one percent of the computed state allocation for service
personnel as determined in section five of this article:
Provided,
That the money allocated under this subdivision shall
be used solely by the county service personnel staff development
councils in accordance with section nine, article three, chapter
eighteen-a.
§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-three only, thirty-two million,
five hundred twenty thousand, nine hundred ninety-four dollars,
unless a greater amount is appropriated by the Legislature, 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-three, from balances in the general school fund, or from
appropriations for such purpose shall be allocated to increase
state support of counties as follows:
Provided,
That for the
school year beginning on the first day of July, one thousand nine
hundred ninety-three only, no county shall gain more than
seventy-three and sixty-six one-hundredths percent or lose more
than twenty-six and thirty-four one-hundredths percent over the
previous year's allocation:
Provided, however,
That for the
school year beginning on the first day of July, one thousand nine
hundred ninety-four, and thereafter, the sum of the allocationsshall be in an amount at least equal to the amount appropriated
by the Legislature, in addition to funds which accrue from
allocations due to increase in total local share above that
computed for the previous school year, from balances in the
general school fund, or from appropriations for such purposes:
(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. 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,
That notwithstanding any other provision of the
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.
(3) For the school year beginning on the first day of July,
one thousand nine hundred ninety-three, Up to 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 articlehave 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 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 for the next fiscal
year by the first day of May of each year. Provided, That for
the school year beginning on the first day of July, one thousand
nine hundred ninety-three only, district boards shall make
application for available funds by the fifteenth day of June, one
thousand nine hundred 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:
Provided,
That for the school year beginning on the
first day of July, one thousand nine hundred ninety-three only,
the state superintendent shall review all applications and notify
applying district boards of the distribution of the allocation on
or before the first day of July, one thousand nine hundred
ninety-three. 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 therequirements of state law or state board policy:
Provided,
however,
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.
(b) Commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-three, thirty-five
million, four hundred forty thousand, four hundred ninety-three
twenty-three million, three hundred fifty thousand, eight hundred
nine 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:
Provided,
That in the event that additional
money is authorized for expenditure for new construction bonds,
then this appropriation shall be increased in an amount no less
than the new debt service. In each fiscal year thereafter, fifty
percent of the funds which accrue due to an increase 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, however, 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-24. Foundation support for teacher retirement system.
Beginning the first day of July, one thousand nine hundred
ninety-four, and every year thereafter the total teachers
retirement fund allowance shall be the sum of the following: (1)
The basic foundation allowance for professional educators and
basic foundation allowance for service personnel, as provided in
sections four and five of this article, (2) all salary equity
appropriations authorized in section five, article four of
chapter eight-a, and (3) such amounts as are to be paid by the
counties pursuant to sections five-a and five-b of said article
to the extent such county salary supplements are equal to the
amount distributed for salary equity among the counties,
multiplied by eighteen and three-tenths percent.
The teachers retirement fund allowance amounts shall be
accumulated in the employers accumulation fund of the state
teachers retirement system pursuant to section eighteen, article
seven-a of this chapter, and shall be in lieu of the contribution
required of employers pursuant to subsection (b) of section
eighteen as to all personnel included in the allowance for state
aid in accordance with sections four and five of this article.
§18-9A-25. Foundation allowance for public employees insurance
fund.
(a) Beginning the first day of July, one thousand nine
hundred ninety-four, and every year thereafter, the allowance tothe public employees insurance agency for school employees shall
be made in accordance with the following: The number of
individuals employed by county boards of education as
professional educators pursuant to section four or five-a of this
article, whichever is less, plus the number of individuals
employed by county boards of education as service personnel
pursuant to section five or five-a of this article, whichever is
less, multiplied by the average premium rate for all county board
of education employees established by the public employees
insurance agency finance board. The average premium rate for all
county board of education employees shall be incorporated into
each financial plan developed by the finance board in accordance
with section five, article sixteen, chapter five of this code.
Such premiums shall include any proportionate share of retirees
subsidy established by the finance board. The appropriations
made in accordance with this subsection shall be made directly to
the public employees insurance agency.
(b) County boards of education shall only be responsible for
payments to the public employees insurance agency for individuals
who are employed as professional employees above and beyond those
authorized by section four or five-a, whichever is less, and
individuals who are employed as service personnel above and
beyond those authorized by section five and five-a whichever is
less. For each employee employed beyond those authorized by
section four, five or five-a, the county board of education which
employs such employee, shall forward to the public employeesinsurance agency an amount equal to the number of such employees
times the average premium for all county boards of education as
established by the public employees insurance agency financial
board. The average premium rate for all county board of
education employees shall be incorporated into each financial
plan developed by the finance board in accordance with section
five, article sixteen, chapter five of this code. Such average
premium rate shall include any proportionate share of retiree
subsidy established by the finance board.
NOTE: The purpose of this bill is to revise the school aid
formula in order to: Clarify how public employees insurance
agency premiums are paid for school employees; proportionately
reduce automatic payments from county boards of education to
public libraries when regular levies are reduced by the
Legislature; increase caps on gifted and honors and advanced
placement programs; provide a definition for professional
administrative personnel; eliminate a one year delay in
reimbursing county boards of education for years of experience
incremental pay for teachers and service personnel; increase the
number of professional instructional personnel and the number of
professional educators; increase the payment to county boards of
education for professional and service personnel substitutes;
eliminate further reductions in professional and service
personnel based on net enrollment; reallocate the growth in local
share to steps one, two and three; increase the allocations to
faculty senates; and increase payment to the Teachers Retirement
System.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§11-8-6h, 18-9A-6b and 18-9A-25 are new; therefore, strike-
throughs and underscoring have been omitted.
§18-9A-24 has been completely rewritten; therefore, strike-
throughs and underscoring have been omitted.