H. B. 4068


(By Delegates Mezzatesta and Williams)

[Introduced January 17, 2002 ; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact section five-a, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the ratios of professional and service personnel per student in net enrollment; providing for increases in the ratios over certain period; establishing different ratios for counties with high and low student population density; and making certain findings and stating intent of said increases.

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 amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-5a. Ratio of foundation allowances for professional educators and service personnel to net enrollment.

(a) The purpose of this section is to establish maximum ratios between the numbers of professional educators and service personnel in the counties which are funded through the public school support plan and the net enrollment in the counties, such these ratios are in addition to the ratios provided for in sections four and five of this article. It is the intent of the Legislature to adjust these ratios pursuant to legislative act as may be appropriate when additional personnel are needed to perform additional duties.
(b) Commencing with the school year one thousand nine hundred eighty-nine--ninety two thousand two--two thousand three, and each year thereafter, in computing the basic foundation allowance to a county for professional educators and the basic foundation allowance to a county for service personnel under sections four and five of this article, a county shall may not receive an allowance for such that personnel which number per one thousand students in net enrollment is in excess of the number of professional educators and the number of service personnel in the county computed as follows:
Maximum professional
Maximum service

educators per 1000
personnel per 1000

net enrollment the
net enrollment the

For the
preceding year
preceding year

school High density Low density High Density Low density
year County County County County
2002-0374.1074.3043.8544.89
2003-0474.2074.7544.0545.30
2004-0574.4075.1044.1545.88
2005-0674.6075.7044.4046.20
2006-0774.8076.2544.7246.35
2007-0875.1076.6544.9846.60
2008-0975.3576.8545.2046.83
2009-1075.5077.2545.4547.10
2010-1175.8077.6545.7047.35
2011-1276.0079.0045.9147.55
1998-99
74.0
43.5

Maximum service Maximum service
Personal per 1000 personnel per 1000
Maximum professional net enrollment the net enrollment the
For theeducators per 1000 preceding year for preceding year for
school yearnet enrollment the each high density each low density
1999-2000preceding year county county
and thereafter 74.0 43.6 44.5
(c) The Legislature finds that there is a general need for improvement in the staffing positions in the public schools, particularly in the areas of counseling, nursing, art and music instruction and WVEIS data entry and administrative clerks. The intent of the increases in the ratios of professional and service personnel to students in net enrollment is to provide additional flexibility to the counties to employ state funded professional and service personnel as in their discretion are needed in their counties, with consideration of the importance of the areas in which the Legislature finds there is a particular need.
(c) (d) 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.


NOTE: The purpose of this bill is to enable counties to employ more state funded professional and service personnel through gradual increases in the ratios of professional educators and service personnel per 1,000 students in net enrollment. Separate ratios are established for counties with high and low student population density. Findings are made with respect to positions that the Legislature finds are in particular need.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.