H. B. 2927
(By Delegate R. M. Thompson (By Request))
[Introduced March 20, 2001; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections four and five, article nine-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to
adjustments in the school aid formula.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article nine-a, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4. Foundation allowance for professional educators.
The basic foundation allowance to the county for professional
educators shall be the amount of money required to pay the state
minimum salaries, 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
educators fifty-three and one-half fifty-seven professional
educators to each one thousand students in adjusted enrollment:
Provided, 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 twenty-two percent of its total potential increase under
this provision, except that in no case shall the limit be fewer
than five seven 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 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 two thousand one, and in each school year
thereafter, each county board shall establish and maintain a
minimum ratio of fifty fifty-three professional instructional
personnel per one thousand students in adjusted enrollment: 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. 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 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.
§18-9A-5. Foundation allowance for service personnel.
The basic foundation allowance to the county for service
personnel shall be the amount of money required to pay the annual
state minimum salaries 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
an amount in excess of thirty-four forty-seven service personnel
per one thousand students in adjusted enrollment: Provided,
however,
That the state superintendent of schools is authorized in
accordance with rules and regulations established by the state
board and upon request of a county superintendent to waive the maximum ratio of thirty-four forty-seven service personnel per one
thousand students in adjusted enrollment and the twenty twenty-two
percent per year growth cap provided in this section, to the extent
appropriations are provided, in those cases where the state
superintendent determines that student population density and miles
of bus route driven justify the waiver, except that no waiver shall
be is 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: Provided further,
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
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 forty-seven
service personnel 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
forty-seven 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 twenty-two 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.
NOTE: The purpose of this bill is to adjust the numbers in the
school aid formula for professional and service personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.