H. C. R. 40


(By Mr. Speaker, Mr. Kiss, and Delegates Mezzatesta,

Manuel, Anderson and Williams )




Requesting that the Joint Committee on Government and Finance undertake a review of the West Virginia school aid formula to determine its effectiveness and efficiency in meeting the educational objectives of the state.

Whereas, West Virginia's Constitution directs the state Legislature to provide for a thorough and efficient system of free schools in the state and in an effort to accomplish that end the Legislature created the school aid formula to assist in the equitable distribution of the state's contribution to the education of West Virginia's children; and
Whereas, West Virginians have invested extensively in education by building new and better schools, by creating the first statewide school computer access program, by leading the nation in the use of educational technology in public schools, by raising the pay of professional educators from forty-ninth in the nation to thirtieth and have made many more numerous investments both at the state and local level; and
Whereas, These improvement efforts still have not resolved all the major issues regarding equal and equitable school funding in West Virginia; and
Whereas, While the formula has been modified frequently, the last such thorough review initiated by the Legislature having occurred almost two decades ago; and
Whereas, The school aid formula must consistently adapt to changes in demographics of population and students, including a substantial decline in the population of the state and a concomitant decline in its student population; and
Whereas, The school aid formula can provide equitable funding to school districts but may require deliberative study as to its various steps and provisions, especially in regard to the variant needs of students and districts; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to create a select committee consisting of representatives of the Legislature and other interested and effected parties who will undertake a review of the state aid formula as to its effectiveness and efficiency in meeting the objectives of the state's education goals, and that the committee will report its findings to the Joint Committee on Government and Finance on or before the sixteenth of December, one thousand nine hundred ninety-seven, unless the study is continued by resolution or other action of the Joint Committee on Government and Finance; and, be it
Further Resolved, That the committee shall have broad latitude to study: the condition of school funding in West Virginia and shall, in its endeavors, study the issue of equality between and among school districts as well as the issue of equality between and among schools within school districts; financial impact of court mandates and court imposed decisions; the boundaries of school districts, especially with regard to the effect of changing demographics and geography upon the usefulness of such existing boundaries; the effect upon some counties of a continually declining student population with regard to school funding; the costs of, and planning for, increased enrollment by some counties; the effect of the school aid formula on large rural counties as well as the possible existence of limitations upon curricula offerings as a result of unique and costly operational costs experienced by such counties; the adequacy of West Virginia's school funding formula; local excess levies and their effect on the issue of equity and diversity of services between and among school districts; statewide excess levy; the use of alternate or additional means of funding public education; the sharing of school personnel between and among districts; the contracting of services; the availability, quality, and ratio of school nurses; the condition of school facilities, maintenance and the need for additional or upgraded facilities; acquisition, applications and use of educational technology and its impact on school funding; the impact of legislation limiting class size in grades kindergarten through sixth; the fiscal impact of all day kindergarten; the cost, space availability and structure of pre-kindergarten programs; the adequacy of services and the costs of such for providing special education services per the standards set by the federal government and a determination whether West Virginia meets or exceeds such services; the cost, efficiency, maximum of student travel times inclusive of transfers, and any other matters relating to public school transportation; vocational education; the establishment of charter schools; provision of regional services including, but not limited to, efforts of regional education service agencies; Medicaid billing by regional education service agencies and county personnel; early retirement for teachers; salaries of administrators, school service personnel and classroom teachers; and, such other issues as the committee shall determine to study; and be it
Further Resolved, That the committee be made up of: The President of the West Virginia Senate or his designee; the Speaker of the House of Delegates or his designee; five members of the Senate selected by the President of the West Virginia Senate and five members of the House of Delegates selected by the Speaker of the West Virginia House of Delegates from whom the President of the Senate and the Speaker of the House shall each name a co-chair for this committee; and eleven members to be named by the Governor. Members named by the Governor may be nonstate employees, state employees or a combination of one or the other or both.
Further Resolved, That the select committee, in making its recommendations, should assume the amount used to fund the school aid formula for fiscal year one thousand nine hundred ninety-six, plus a growth of three percent. In addition, however, to making its ultimate recommendations, the select committee may make additional recommendations that exceed that amount if it finds additional or alternate means of funding the school aid formula. If no other or additional means of funding are identified then the select committee shall remain within the parameters of fiscal year one thousand nine hundred ninety-six; and be it
Further Resolved, That the joint committee may employ or assign professional, clerical and technical assistants as it deems necessary in order for the committee to perform its duties, and may request information and cooperation from any state agency in order to assist the performance of its duties; and, be it
Further Resolved, That the committee shall meet at the call of the co-chairmen, in Charleston or elsewhere as they deem necessary or appropriate, inasmuch as time is of the essence. For such meetings, a quorum shall consist of a majority of voting members being present; and, be it
Further Resolved, That vacancies on the committee shall be promptly filled by the original appointing authority; and be it

Further Resolved, That the expenses for members of the Legislature and the citizens members of the committee, as well as those expenses necessary to conduct the committee's study and to prepare appropriate reports, recommendations and proposed legislation be paid from the legislative appropriations to the Jjoint Ccommittee on Ggovernment and Ffinance. Those members who may be state employees shall have their expenses paid by their agency or agencies.