H. B. 4321
(By Delegates Spencer, Mezzatesta, Michael,
Douglas, Fleischauer, Marshall and Givens)
[Introduced January 31, 2000; referred to the
Committee on Education then Finance.]
A BILL to amend article five, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to the reimbursement to institutions of higher
education of qualifying noncapital expenditures incurred in
the provision of services to students with physical, learning,
or severe sensory disabilities; requiring that any funds
allocated under this section be disbursed according to a
formula to be developed jointly by the university of West
Virginia board of trustees and the board of directors of the
state college system and subject to the approval of the
secretary of education and the arts; providing the parameters which shall be used in the development of the aforementioned
reimbursement formula; and requiring that the disbursement of
any funds allocated under this section be on a pro rata basis
to be determined by the ratio of the qualifying audited
expenses submitted for consideration for reimbursement to the
total amount authorized and appropriated for reimbursement
purposes consistent with this section.
Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-9. Higher education assistance reimbursement program.
(a) The Legislature finds that an increasing percentage of
students entering higher education reported impairments of hearing,
speech, orthopedic, learning, health-related, partially-sighted or
blind, or other type of disabling condition. The Legislature
further finds that these students view a college education as being
important to obtaining a good job, earning a higher income and
preparing for graduate or professional school. Further, the Legislature finds that most students with an identified disability
come from families with slightly lower than median incomes, have
earned average to below-average grades in high school, and are at
risk of failing in their attempts to achieve their goals without
proper student support services. Finally, the Legislature finds
that it is in the public interest to encourage students with
identified disabilities to pursue postsecondary educational
opportunities at in-state institutions of higher education and that
reimbursing those institutions of higher education within the limit
of funds available, if any, for noncapital expenditures made by
them to provide services to support the education of students with
a disability is an acceptable means of supporting programs that
enhance each student's chance to succeed in obtaining a college
education and increasing the likelihood that each student will
embark upon a productive life.
(b) There is established the higher education assistance
reimbursement program, hereafter referred to as the "HEAR" program.
The program established and authorized by this section is
administered by the senior administrator. Moneys appropriated or
otherwise available shall be allocated by line item to an
appropriate account. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next
fiscal year.
(c) To achieve the goals and objectives of the "HEAR" program,
the governing boards, through the central office, shall develop a
disability services resource allocation model for the allocation of
any general revenue funds appropriated specifically for the
purposes set forth in this section for the state system of higher
education. In developing the disability services resource
allocation model, the boards shall consider such factors as
enrollment information regarding students with identified
disabilities, audited disability services expenditure information,
the extent to which services are currently provided with other
funding sources such as grants and fees for services, and such
other data as shall further an equitable pro rata distribution of
disability services reimbursement funds for higher education. The
governing boards, through the central office, shall develop the
model prior to the first day of July, two thousand, and may modify
the model thereafter: Provided, That these modifications are
subject to the provisions of article three-a, chapter twenty-nine-a
of this code.
(d) The governing boards shall propose a joint legislative rule pursuant to article three-a, chapter twenty-nine-a to
implement the provisions of this section which shall be filed with
the legislative oversight commission on education accountability by
the first day of July, two thousand. The Legislature hereby
declares that an emergency situation exists and, therefore, the
governing boards jointly may establish by emergency rule, under the
procedures of article three-a, chapter twenty-nine-a of this code,
legislative rules to implement the provisions of this section,
after approval by the legislative oversight commission on education
accountability.
(1) The joint legislative rule shall provide that only those
expenditures which meet the following criteria are eligible for
reimbursement under this section:
(A) Noncapital expenditures made for providing support
services to students with identified disabilities including, but
not limited to: Books on tape, bus drivers, interpreters, peer and
professional tutors, academic advising services, counseling
services, personal assistant services, note-takers and workshops;
(B) Only those noncapital expenditures which are capable of
being audited shall be eligible for reimbursement under the
allocation model. Further, noncapital expenditures covered by other secured funding including, but not limited to, grants and
fees for services are not eligible for reimbursement under the
"HEAR" program.
(2) The joint legislative rule shall provide that institutions
of higher education submit their noncapital costs to the
appropriate governing body not later than thirty days following the
conclusion of the spring academic semester to be eligible for
reimbursement under the model. Institutions shall submit their
costs in a format to be specified by the rule.
(3) The joint legislative rule shall provide for a pro rata
distribution of allocated funds, if any, to be determined by
applying the percentage derived from a calculation of the ratio of
each institution's total qualifying audited expenses to the total
of all institutions' qualifying audited expenses to the total
amount which may be appropriated for reimbursement purposes
consistent with this section.
(4) The joint legislative rule shall provide for an
appropriate process for distribution of funds directly to the
eligible institutions of higher education on the first day of the
immediately succeeding fiscal year in which funds have been
appropriated to the "HEAR" program. The rule shall further provide that any funds not so distributed to eligible institutions of
higher education shall be carried forward for use in the next
fiscal year.
(e) The senior administrator shall report annually, by the
first day of December, on the status of the "HEAR" program to the
legislative oversight commission on education accountability.
NOTE: The purpose of this bill is to provide for reimbursement
to institutions of higher education of qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning, or severe sensory disabilities and that any
funds allocated under this section be disbursed according to a
formula to be developed jointly by the university of West Virginia
Board of Trustees and the Board of Directors of the State College
System and subject to the approval of the Secretary of Education
and the Arts.
This section is new; therefore, strike-throughs and
underscoring have been omitted.