H. B. 2914
(By Delegates Dempsey and Houston)
[Introduced February 25, 1999; referred to the
Committee on Education then Finance.]
A BILL to repeal section five-a, article nine-a, chapter eighteen
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 sections two,
four, five and nine, article nine-a, chapter eighteen of
said code, all relating to total state basis foundation
programs for public education; reducing automatic payments
from county boards of education to public libraries;
increasing the caps on gifted and honors and advanced
placement programs; changing the definition of professional
educators to professional personnel; increasing the number
of professional personnel and increasing the number of
substitutes for professional educators; providing a one
million five hundred thousand dollar grant program for service personnel and increasing the number of substitutes
for service personnel; repealing the net enrollment cap for
professional and service personnel; and increasing the
allocation for faculty senates and establishing an
allocation for staff development councils.
Be it enacted by the Legislature of West Virginia:
That section five-a, article nine-a, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that article eight, chapter eleven of said
code be amended by adding thereto a new section, designated
section six-h; and that sections two, four, five and nine,
article nine-a, chapter eighteen of said code be amended and
reenacted, all to read as follows:
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 the law or special
act of the Legislature 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 rate allowed under
provisions of sections 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
subsequent first day of July, and the resulting percentage shall
be applied to each rate in the special act. The resulting
adjusted 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 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 personnel" shall be synonymous with
and shall have the same meaning as "teacher professional
personnel" as defined in section one, article one, chapter
eighteen eighteen-a of this code.
"Professional instructional personnel" means a professional educator personnel 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 personnel
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 or she 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 employee
shall be counted as that number found by dividing his or her
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 special
education, 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 the
equivalent 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 who resides in another state.
"Levies for general current expense purposes" means
ninety-eight ninety-five 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 for transportation 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.
§18-9A-4. Foundation allowance for professional personnel.
The basic foundation allowance to the county for
professional educators personnel shall be the sum of the
following:
(a) 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 fifty-three fifty-four and
one-half professional educators to each one thousand students in
adjusted enrollment: Provided, however, That in the school year
beginning the first day of July, one thousand nine hundred
ninety-nine, each county shall receive an allowance for such
personnel which number is equal to fifty-four and one-half
professional personnel to each one thousand students in adjusted enrollment: Provided, further, however, 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: 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 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 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, two thousand, and in each school 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. Any county board which does not establish and maintain this minimum ratio shall suffer a pro rata
reduction in the allowance for professional personnel under this
section: 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 personnel. 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: 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 adjusted
enrollment, 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 personnel 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, 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 plus.
(b) 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:
(a) The amount of money required to pay the annual state
minimum salaries for the ensuing fiscal year in accordance with
the provisions of article four, chapter eighteen-a of this code,
to such service personnel employed: Provided, That no county
shall receive an allowance for: (1) An amount of service
personnel, excluding bus operators, in excess of thirty-four
twenty-nine service personnel per one thousand students in
adjusted enrollment. Any county which has less than twenty-nine
service personnel, excluding bus operators, per one thousand
students in adjusted enrollment as of the first day of January,
one thousand nine hundred ninety-nine shall receive an allowance
for each of the next ten years of one tenth of the difference
between twenty-nine service personnel per one thousand students
in adjusted enrollment and the number of service personnel,
excluding bus operators, employed as of the first day of January,
one thousand nine hundred ninety-eight; plus (2) an allowance for
bus operators employed as of the first day of January, one
thousand nine hundred ninety-eight. Provided, however, That An
allowance for additional bus operators shall be made by the state
superintendent of schools is authorized and in accordance with
rules and regulations established by the state board and upon
request of when 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, in those cases where the state superintendent
determines demonstrates: (a) That student population density and
miles of bus route driven justify the waiver, additional bus
operators; or (b) that students spend an extraordinary amount of
time in transportation and that the additional bus operators will
reduce the transportation time for these students; or (c) that
consolidation or other transportation needs require additional
bus operators. except 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: For the school year beginning on the
first day of July, one thousand nine hundred ninety-nine and
every year thereafter, the allowance for additional bus operators
shall be a minimum of one million five hundred thousand dollars:
Provided, further however, 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 additional bus operators
granted and the fiscal impact related thereto. Every county
shall utilize methods other than 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
twenty-nine service personnel, excluding bus operators, 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; plus
(b) 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-9. Foundation allowance for other current expense faculty
senates, and staff development councils.
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 subdivisions (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 which in the
judgment of the teacher or librarian will assist him or her in
providing instruction in his or her assigned academic subjects:
Provided, That nothing contained herein shall prohibit such funds
from being used for programs and materials that, in the opinion
of the teacher, enhance student behavior, increase academic
achievement, improve self-esteem and address the problems of
students at-risk. 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.
(3) Beginning the first day of July one thousand nine
hundred ninety-nine and every year thereafter the allowance for
county professional staff development councils established
pursuant to section eight, article three, chapter eighteen-a
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 subsection shall be used solely by the county professional
staff development councils in accordance with section eight,
article three, chapter eighteen-a; plus
(4) Beginning the first day of July, one thousand nine
hundred ninety-nine and every year thereafter, the allowance for
county 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 subsection shall be
used solely by the county service personnel staff development
councils in accordance with section nine, article three, chapter
eighteen-a.
NOTE: The purpose of this bill is to revise the school aid
formula in order to: 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 administrators 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.
§11-8-6h is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.