H. B. 2158
(By Delegate Proudfoot)
[Introduced January 13, 1999; 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-five percent of the transportation cost within
each high density county and ninety percent of the transportation
cost within each low density 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-eight, 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-five 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;
(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. 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: 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-five percent of the cost of contracted
transportation services and public utility transportation within
each high density county and ninety percent of the cost of
contracted transportation services and public utility
transportation within each low density 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-five percent of the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, 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: Provided, That no county shall receive an
allowance which is greater than one third above the computed
state average allowance per transportation mile multiplied by the
total transportation mileage in the county: Provided, however,
That one half of one percent of the transportation allowance
distributed to each county shall be for the purpose of trips
related to academic classroom curriculum and not related to any
extracurricular activity: Provided further, That any remaining
funds credited to a county for the purpose of trips related to
academic classroom curriculum during the fiscal year shall be
carried over for use in the same manner the next fiscal year and
shall be separate and apart from, and in addition to, the
appropriation for the next fiscal year: And provided further, That the state board may request a county to document the use of
funds for trips related to academic classroom curriculum if the
board deems it necessary.
The state department of education shall cause a
comprehensive study to be made relating to student
transportation. The study shall examine, but is not limited to,
the issues of funding, timeliness of data used for formula
distribution, service personnel needed, inter-county service,
regionalization of services, bus routes, amount of time students
spend on buses, maintenance, safety training and alternative
transportation systems. The state department of education shall
submit a report of the study to the legislative oversight
commission on education accountability by the fifteenth day of
January, one thousand nine hundred ninety-nine.
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.