H. B. 2553
(By Delegates Anderson, Prezioso and Leggett)
[Introduced February 17, 1995; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section seven, article nine-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to education;
public school support; and the allowance in the foundation
school program for each county's school transportation
costs.
Be it enacted by the Legislature of West Virginia:
That section seven, article nine-a, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-7. Foundation allowance for transportation cost.
The allowance in the foundation school program for each
county for transportation shall be the sum of the following
computations:
(1) Eighty percent of the transportation cost within each
county for maintenance, operation and related costs, exclusive of
all salaries: Provided, That for the school year beginning the
first day of July, one thousand nine hundred ninety-four, and
thereafter, in the event a county uses an alternative fuel such
as compressed natural gas or other acceptable alternative fuel
for the operation of all or any portion of its school bus system,
then the allowance in the foundation school program for each such
county for that portion of its school bus system shall be ninety
one hundred percent of the transportation cost for maintenance,
operation and related costs, exclusive of all salaries, incurred
by the use of the alternatively fueled school buses: Provided,
however, That any county using an alternative fuel and qualifying
for the additional allowance shall submit a plan regarding the
intended future use of alternatively fueled school buses:
Provided further, That the state board shall distribute the additional allowance to qualifying counties only until such time
as the state board has distributed in the then current fiscal
year one hundred thousand dollars of transportation allowance, in
the statewide aggregate, above the eighty percent to qualifying
counties, after which the additional ten percent shall no longer
be available to any county;
(2) The total cost, within each county, of insurance
premiums on buses, buildings and equipment used in
transportation: Provided, That such premiums were procured
through competitive bidding;
(3) For the school year beginning the first day of July, one
thousand nine hundred eighty-nine, and thereafter, an amount
equal to ten percent of the current replacement value of the bus
fleet within each county as determined by the state board, such
amount to be used only for the replacement of buses. In
addition, in any school year in which its net enrollment
increases when compared to the net enrollment the year
immediately preceding, a school district may apply to the state
superintendent for funding for an additional bus. Furthermore,
large, sparsely populated counties may also apply to the state superintendent for funding for additional mini-buses. The state
superintendent shall make a decision regarding each application
based upon an analysis of the individual school district's net
enrollment history and transportation needs or, in the case of a
large, sparsely populated county, the population of the county:
Provided, That the superintendent shall not consider any
application which fails to document that the county has applied
for federal funding for additional buses. If the state
superintendent finds that a need exists, a request for funding
shall be included in the budget request submitted by the state
board for the upcoming fiscal year;
(4) Eighty percent of the cost of contracted transportation
services and public utility transportation with each county;
(5) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving such aid within each
county; and
(6) Ninety percent of the total cost of transportation
operations and related expenses, excluding salaries and
maintenance for transporting students to and from classes at a
multicounty vocational center.
The total state share for this purpose shall be the sum of
the county shares and shall be distributed in accordance with
rules to be promulgated by the state board: Provided, That no
county shall receive an allowance which is greater than one third
above the computed state average allowance per mile multiplied by
the total mileage in the county.
NOTE: The purpose of this bill is to allow counties that
use alternative fuel in the operation of any portion or all of
its transportation system 100% of its transportation cost for
maintenance, operation and related costs per vehicle.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.