Senate Bill No. 486
(By Senator Jackson)
____________
[Introduced March 24, 1997; referred to the Committee
on Education.]
____________
A BILL to amend and reenact section ten, article nine-a, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing
permanently the up to twenty-five percent of foundation
allowance to improve instructional programs to be used to
employ classroom teachers or service personnel.
Be it enacted by the Legislature of West Virginia:
That section ten, 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-10. Foundation allowance to improve instructional programs.
(a) For the school year beginning on the first day of July,
one thousand nine hundred ninety-four, and thereafter, the sum of the allocations shall be in an amount at least equal to the
amount appropriated by the Legislature, in addition to funds
which accrue 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;
(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
this 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; and
(3) 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 article have been fully utilized: Provided, That for the school year beginning on the first day of July, one
thousand nine hundred ninety-six, only, up to an additional
twenty-five percent of this allocation may be used to employ
classroom teachers, as defined in section one, article one,
chapter eighteen-a of this code, and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized: Provided,
however, That service personnel employed with the additional
twenty-five percent for the school year beginning on the first
day of July, one thousand nine hundred ninety-six, only, may not
include directors, coordinators or supervisors.
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. 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 the
requirements 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, an amount not
less than the amount required to meet debt service requirements
on any revenue bonds issued prior to the first day of January,
one thousand nine hundred ninety-four, and the debt service
requirements on any revenue bonds issued for the purpose of
refunding revenue bonds issued prior to the first day of January,
one thousand nine hundred ninety-four, 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. The school building capital
improvements fund shall not be utilized to meet the debt services
requirement on any revenue bonds or revenue refunding bonds for
which moneys contained within the school building debt service
fund have been pledged for repayment pursuant to said section.
NOTE: The purpose of this bill is to permanently allow up to
an additional twenty-five percent of the foundation allowance to
improve instructional programs to be used to employ classroom
teachers or service personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.