H. B. 2512


(By Delegate Proudfoot, Manuel, Everson and Heck)
[Introduced 12; 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 funding the transportation of students; and providing additional funding for the costs of certain bus operator salaries and fringe benefits.

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 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 the 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 may 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 such the 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; and
(7) One hundred percent of the cost of bus operator salaries and fringe benefits 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 proposed by the state board for approval by the Legislature, in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That no county shall may 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 provide funding to counties for the costs of bus driver salaries and fringe benefits for transporting students to and from multicounty vocational education centers.

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