COMMITTEE SUBSTITUTE
FOR
H. B. 2863
(By Delegates Trump, Faircloth, Manuel, Overington,
Blair, Duke and Tabb)
(Originating in the Committee on Education)
[February 25, 2003]
A BILL to amend and reenact sections eighteen and forty-four,
article five, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend
and reenact sections two and fifteen, article nine-a of said
chapter, all relating to preserving funding for student
enrollment ages five and above and the growth thereof;
removing authority to establish kindergarten programs for
children below age five; establishing goal for early childhood
programs and removing mandate; stipulating that early
childhood education is not part of system of free schools;
removing compulsory school attendance requirement for early
childhood programs; removing certain funds from list of those
counties encouraged to use for implementation; providing for
needs assessment and preliminary plan and delaying date for
plan submission; requiring integration of public and private programs; providing for other public and private program
certification by county boards with appeal to state
superintendent; authorizing county boards to assist and
contract with other public and private programs; requiring
legislative approval for additional enrollment in early
childhood programs; providing for separate appropriation for
early childhood programs, limiting use of funds and providing
for allocation; providing standards for personnel and removing
requirement that early childhood teachers be certified;
excepting affect of section on preschool handicapped; creating
advisory council and specifying members, terms and duties;
excluding certain children below age five from net enrollment;
providing for certain projected enrollments to be included in
net enrollment; defining growth county; restricting allowance
for increased enrollment in growth counties; and excluding
children below age five from allowance for increased
enrollment.
Be it enacted by the Legislature of West Virginia:
That sections eighteen and forty-four, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that sections
two and fifteen, article nine-a of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
(a) County boards shall provide kindergarten programs for all
children who have attained the age of five prior to the first day
of September of the school year in which the pupil enters the
kindergarten program. and may, pursuant to the provisions of
section forty-four, article five, chapter eighteen of this code,
establish kindergarten programs designed for children below the age
of five. The programs for children who shall have attained the age
of five shall be full-day everyday programs.
(b) Persons employed as kindergarten teachers, as
distinguished from paraprofessional personnel, shall be required to
hold a certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria
setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant to
the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
meets such minimum requirements.
(c) The state board with the advice of the state
superintendent shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of kindergarten programs in accordance with the other
provisions of this section. Guidelines and criteria so established and prescribed also are intended to serve for the establishment and
operation of nonpublic kindergarten programs and shall be used for
the evaluation and approval of such programs by the state
superintendent, provided application for such evaluation and
approval is made in writing by proper authorities in control of
such programs. The state superintendent, annually, shall publish
a list of nonpublic kindergarten programs, including Montessori
kindergartens that have been approved in accordance with the
provisions of this section. Montessori kindergartens established
and operated in accordance with usual and customary practices for
the use of the Montessori method which have teachers who have
training or experience, regardless of additional certification, in
the use of the Montessori method of instruction for kindergartens
shall be considered to be approved.
(d) Pursuant to such guidelines and criteria, and only
pursuant to such guidelines and criteria, the county boards may
establish programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional personnel
in addition to and to supplement regularly certified teachers,
mobile or permanent classrooms and other means developed to best
carry kindergarten to the child in its home and enlist the aid and
involvement of its parent or parents in presenting the program to
the child; or may develop programs of a more formal kindergarten
type, in existing school buildings, or both, as such county board may determine, taking into consideration the cost, the terrain, the
existing available facilities, the distances each child may be
required to travel, the time each child may be required to be away
from home, the child's health, the involvement of parents and such
other factors as each county board may find pertinent. Such
determinations by any county board shall be final and conclusive.
§18-5-44. Early childhood education programs.
(a) For the purposes of this section, "early childhood
education" means programs for children who have attained the age of
four prior to the first day of September of the school year in
which the pupil enters the program created in this section.
(b) Findings. --
(1) Among other positive outcomes, quality early childhood
education programs have been determined to:
(A) Improve overall readiness when children enter school;
(B) Decrease behavioral problems;
(C) Improve student attendance;
(D) Increase scores on achievement tests;
(E) Decrease the percentage of students repeating a grade;
and
(F) Decrease the number of students placed in special
education programs.
(2) Quality early childhood education programs improve school
performance and low-quality early childhood education programs may have negative effects, especially for at-risk children;
(3) West Virginia has the lowest percentage of its adult
population with a college degree and the education level of parents
is a strong indicator of how their children will perform in school;
(4) West Virginia currently ranks forty-fourth among the
fifty states in the percentage of school children eligible for free
and reduced lunches and this percentage is a strong indicator of
how the children will perform in school;
(5) For the school year two thousand one--two thousand two,
six thousand eight hundred fifty-three students less than five
years of age were enrolled in the public schools, a number equal to
approximately thirty-three percent of the number of five-year-old
students enrolled in kindergarten;
(6) Projections indicate that total student enrollment in
West Virginia will decline by as much as eighteen percent, or by
approximately fifty thousand students, by the school year two
thousand twelve--two thousand thirteen;
(7) In part, because of the dynamics of the state aid
formula, county boards will continue to enroll four-year-old
students to offset the declining enrollments;
(8) West Virginia has a comprehensive kindergarten program
for five-year olds but the program was established in a manner that
resulted in unequal implementation among the counties which helped
create deficit financial situations for several county school boards;
(9) Expansion of current efforts to implement a comprehensive
early childhood education program should avoid the problems
encountered in kindergarten implementation;
(10) Because of the dynamics of the state aid formula,
counties experiencing growth are at a disadvantage in implementing
comprehensive early childhood education programs; and
(11) West Virginia citizens will benefit from the
establishment of quality comprehensive early childhood education
programs.
(c) It is the goal of the state that beginning no later than
the school year two thousand twelve--two thousand thirteen, and
continuing thereafter, county boards shall provide early childhood
education programs for all children who have attained the age of
are four years of age prior to the first day of September of the
school year in which the pupil enters the shall be encouraged to
enroll in an early childhood education program and shall have a
program available to them. Early childhood education programs are
not part of the thorough and efficient system of free schools
pursuant to section one, article XII of the Constitution of West
Virginia. Nothing in this section shall require any specific level
of funding by the Legislature.
(d) The program shall meet the following criteria:
(1) It shall be voluntary; except, upon enrollment, the provisions of section one, article eight of this chapter shall
apply to an enrolled student; and
(2) It may be for fewer than five days per week and may be
less than full day.
(e) Enrollment of students in head start, or in any other
program approved by the state superintendent as provided in
subsection (k) of this section, shall be counted toward satisfying
the requirement of subsection (c) of this section.
(f) For the purposes of implementation financing, all
counties are encouraged to make use of funds from existing sources,
including:
(1) Federal funds provided under the Elementary and Secondary
Education Act pursuant to 20 U.S.C. §6301, et seq.;
(2) Federal funds provided for head start pursuant to 42
U.S.C. §9831, et seq.;
(3) Federal funds for temporary assistance to needy families
pursuant to 42 U.S.C. §601, et seq.; and
(4) Funds provided by the school building authority pursuant
to article nine-d of this chapter;
(5) In the case of counties with declining enrollments, funds
from the state aid formula above the amount indicated for the
number of students actually enrolled in any school year; and
(6) (4) Any other public or private funds.
(g) Prior to the school year beginning two thousand three, each county shall develop a needs assessment and preliminary plan
for implementing the program required by this section. The needs
assessment and preliminary plan shall include the following
elements:
(1) An analysis of the demographics of the county related to
early childhood education program implementation;
(2) An analysis of facility and personnel needs;
(3) Financial requirements for implementation and potential
sources of funding to assist implementation;
(4) Details of how the county board will cooperate and
collaborate with other early childhood education programs
including, but not limited to, head start, to maximize federal and
other sources of revenue;
(5) Specific time lines for implementation; and
(6) Such other items as the state board by policy may
require.
(h) Prior to the school year beginning two thousand three
four, a county board shall submit its final plan to the secretary
of the department of health and human resources. The secretary
shall approve the plan if the following conditions are met:
(1) The county has maximized the use of federal and other
available funds for early childhood programs;
(2) The county has provided in its plan for the maximum
implementation and integration of head start programs and other public and private programs approved by the state superintendent
county board pursuant to the terms of subsection (k) of this
section in the provision of early childhood education; and
(3) If the secretary of the department of health and human
resources finds that the county has not met one or more of the
requirements of this subsection, but that the county has acted in
good faith and the failure to comply was not the primary fault of
the county board, then the secretary shall approve the plan. Any
denial by the secretary may be appealed to the circuit court of the
county in which the county board is located.
(i) Prior to the school year beginning two thousand three
four, the county board shall submit its plan for approval to the
state board. The state board shall approve the plan if the county
board has complied substantially with the requirements of
subsection (g) of this section and has obtained the approval
required in subsection (h) of this section.
(j) Every county board shall submit its plan for reapproval
by the secretary of the department of health and human resources
and by the state board at least every two years after the initial
approval of the plan and until full implementation of the early
childhood education program in the county. As part of the
submission, the county board shall provide a detailed statement of
the progress made in implementing its plan and any requested
modifications. The standards and procedures provided for the original approval of the plan apply to any reapproval.
(k) In accordance with guidelines and criteria established by
the state board, a county board shall approve head start and other
public and private early childhood education programs in the county
which meet the standards established by state board rule as
certified early childhood education programs. Subject to the
limitations of subsection (l) of this section, children enrolled in
these approved programs, except children whose enrollment is the
basis for funding from other public sources, shall be counted as
enrolled students for the purposes of subsection (p) of this
section. Nonapproval of a program by the county board may be
appealed to the state superintendent.
(k) (l) Commencing with the school year beginning on the
first day of July, two thousand four three, and thereafter, no
county board may increase the total number of students enrolled in
the county in an early childhood education program for state
funding under this section until: (1) Its program plan is approved
by the secretary of the department of health and human resources
and the state board has been granted and; (2) a concurrent
resolution has been adopted by the Legislature authorizing an
increase in the number of students enrolled in early childhood
programs.
(l) The state board annually may grant a county board a
waiver for total or partial implementation if the state board finds that all of the following conditions exist:
(1) The county board is unable to comply either because:
(A) It does not have sufficient facilities available; or
(B) It does not and has not had available funds sufficient to
implement the program;
(2) The county has not experienced a decline in enrollment at
least equal to the total number of students to be enrolled; and
(3) Other agencies of government have not made sufficient
funds or facilities available to assist in implementation.
Any county seeking a waiver must apply with the supporting
data to meet the criteria for which they are eligible on or before
the twenty-fifth day of March for the following school year. The
state superintendent shall grant or deny the requested waiver on or
before the fifteenth day of April of that same year.
(m) The provisions of subsections (b), (c) and (d), section
eighteen of this article relating to kindergarten shall apply to
early childhood education programs in the same manner in which they
apply to kindergarten programs.
(n) On or before the first day of December, two thousand
four, and each year thereafter, the state board shall report to the
legislative oversight commission on education accountability on the
progress of implementation of this section.
(o) During or after the school year beginning in two thousand
four, and except as may be required by federal law or regulation, no county shall enroll students who will be less than four years of
age prior to the first day of September for the year they enter
school.
(p) Money for the operation of early childhood education
programs under this section shall be subject to appropriation to
the department of education. Money appropriated pursuant to this
section shall be used only for the purposes of this section and
only to the extent that money is not available for the purposes of
this section from other sources. From money appropriated, the
department shall make allocations to the county boards for the
operation of early childhood education programs. The allocations
shall be made on the basis of the number of students enrolled in
early childhood education programs under the county's approved
plan. Neither the state board nor the state department may provide
any funds to any county for the purpose of implementing this
section unless the county board has a plan approved pursuant to
subsections (h), (i) and (j) of this section and the plan's
programs meet the standards adopted by the state board. The county
board shall utilize the money allocated to it for the purpose of
providing early childhood education under the county plan,
including, to the extent provided in the county plan, assisting
other public and private programs approved by the county and
included in the county plan to provide early childhood education
programs which meet the standards established by the state board. Such assistance may include, but is not limited to, technical
assistance, staff development, providing curricular materials,
teachers and supervisory personnel, and other appropriate
assistance, and may contract with approved public and private early
childhood education programs under the county plan to provide
programs. Nothing in this section shall require any specific level
of appropriation by the Legislature. Nothing in this section may
be construed to apply to preschool handicapped programs as required
by federal law.
(q) The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code for the purposes of implementing the provisions of this
section. The state board shall consult with the secretary of the
department of health and human resources in the preparation of the
rule. The rule shall contain the following:
(1) Standards for curriculum;
(2) Standards for preparing students;
(3) Attendance requirements;
(4) Standards for personnel, including standards for early
childhood education teachers who are qualified to teach under the
general supervision of certified personnel employed by the county
board and are not required to meet state teacher certification
requirements; and
(5) A process for public and private providers of early childhood education to appeal to the state superintendent for
approval of their programs; and
(5) (6) Such other terms as may be necessary to implement the
provisions of this section.
(r) The rule shall include the following elements relating to
curriculum standards:
(1) A requirement that the curriculum be designed to address
the developmental needs of four-year-old children, consistent with
prevailing research on how children learn;
(2) A requirement that the curriculum be designed to achieve
long range goals for the social, emotional, physical and academic
development of young children;
(3) A method for including a broad range of content that is
relevant, engaging and meaningful to young children;
(4) A requirement that the curriculum incorporate a wide
variety of learning experiences, materials and equipment, and
instructional strategies to respond to differences in prior
experience, maturation rates and learning styles that young
children bring to the classroom;
(5) A requirement that the curriculum be designed to build on
what children already know in order to consolidate their learning
and foster their acquisition of new concepts and skills;
(6) A requirement that the curriculum meet the recognized
standards of the relevant subject matter disciplines;
(7) A requirement that the curriculum engage children
actively in the learning process and provide them with
opportunities to make meaningful choices;
(8) A requirement that the curriculum emphasize the
development of thinking, reasoning, decision-making and
problem-solving skills;
(9) A set of clear guidelines for communicating with parents
and involving them in decisions about the instructional needs of
their children; and
(10) A systematic plan for evaluating program success in
meeting the needs of young children and for helping them to be
ready to succeed in school.
(s) On or before the second day of January, two thousand four
five, the secretary and the state superintendent submit a report to
the legislative oversight commission on education accountability
and the joint committee on government and finance which address, at
a minimum, the following issues:
(1) A summary of the approved county plans for providing the
early childhood education programs pursuant to this section;
(2) An analysis of the total cost to the state and counties
of implementing the plans;
(3) A separate analysis of the impact of the plans on
counties with increasing enrollment; and
(4) An analysis of the effect of the programs on the maximization of the use of federal funds for early childhood
programs.
The intent of this subsection is to enable the Legislature to
proceed in a fiscally responsible manner and make any program
improvements as may be necessary based on reported information
prior to implementation of the early childhood education programs.
(t) There shall be an advisory council known as the "Partners
Implementing Early Care and Education System Advisory Council"
which may be referred to as the "PIECES Advisory Council". The
advisory council shall advise, consult and assist the state board
and the secretary of the department of health and human resources
with respect to the following matters and may serve on or support
ad hoc committees as requested by the board and secretary to bring
expertise from various disciplines to assist with specific issues
such as professional development and curriculum:
(1) Establishing a vision for early care and education in
West Virginia for children birth through five years of age;
(2) Developing a comprehensive plan of early care and
education which coordinates early care and education programs
including child care, head start, birth-to-three, public early
childhood education programs, and other programs serving families
with young children throughout the state;
(4) Creating guidelines for local collaborative groups to use
in building community capacity and redesigning services in local communities to reduce duplication and maximize resources;
(5) Establishing rules for programs that participate in the
provision of early childhood education programs and services for
four year old children;
(6) Developing a process and guidelines for the department of
health and human resources and the department of education to
approve county plans for universal pre-kindergarten programs;
(7) Designing functional "one stop shops" capable of
providing referrals to all necessary services for children and
their families;
(8) Improving involvement and support of business in early
child care and education;
(9) Recommending legislation for comprehensive programs for
children of ages birth through five, as well as recommendations for
any additional funding;
(10) Providing information about advisory council meetings
and decisions to their constituencies, as applicable;
(11) Soliciting input from their constituencies and the
public on early childhood education issues; and
(12) Reporting to the legislative oversight commission on
education accountability at its December, two thousand three,
legislative interim meeting, on the plans for implementing this
section and when otherwise requested.
(u) The PIECES advisory council shall be composed of twenty-one members as follows:
(1) President of the Senate, or a designee;
(2) Speaker of the House of Delegates, or a designee;
(3) Director of the division of early care and education of
the department of health and human resources;
(4) Director of early childhood education of the department
of education;
(5) Three county superintendents, or their designees,
appointed by the state superintendent of schools for three-year
terms, except that of the first three appointments one shall be for
a term of one year, one shall be for a term of two years and one
shall be for a term of three years;
(6) Director of the birth to three program of the department
of health and human resources;
(7) Two community services managers of the department of
health and human resources designated by the secretary of the
department of health and human resources;
(8) Director of the community action directors association;
(9) Three representatives of head start appointed by the
governor for three-year terms, except that of the first three
appointments one shall be for a term of one year, one shall be for
a term of two years and one shall be for a term of three years;
(10) Director of Kids Count;
(11) Three citizens and residents of the state who by reason of their training, education or experience are qualified to carry
out the functions of the advisory council appointed by the governor
for three-year terms, except that of the first three appointments
one shall be for a term of one year, one shall be for a term of two
years and one shall be for a term of three years; and
(12) Three parents of children enrolled in early childhood
education programs appointed by the governor for three-year terms,
except that of the first three appointments one shall be for a term
of one year, one shall be for a term of two years and one shall be
for a term of three years.
(v) In making appointments to the advisory council, the
governor and state superintendent shall consider geographic,
economic and urban and rural characteristics in selecting persons
who reflect diverse interests characteristic of the state. In
making the initial appointments, the governor and state
superintendent shall first consider for appointment the persons
serving on a council existing on the effective date of this section
which is meeting the general purposes and intent of the advisory
council. As soon as practical following appointment of the
advisory council, the secretary and the state superintendent shall
convene the first meeting of the council. At its first meeting,
the advisory council shall elect a chairman from among its members
who shall preside over its meetings until the second Wednesday in
May of the next year. Thereafter, the advisory council shall elect a chairman on the second Wednesday in May of each year. All
members of the council shall be eligible for reappointment. A
member shall, unless sooner removed, continue to serve until his or
her term expires and a successor has been appointed and has
qualified. A vacancy caused by the death, resignation or removal of
a member prior to the expiration of his or her term shall be filled
only for the remainder of such term. For the purpose of carrying
out its functions under this section, eleven members of the
advisory council shall constitute a quorum. The advisory council
shall meet at least four times each year at least two of which
shall be held at a building in the state capitol complex and at a
time designated by the chairman. Additional meetings may be held
when called by the chairman or when requested by eleven members of
the advisory council. The council is subject to open governmental
proceedings. Members of the council may not receive any
compensation for their services on the council. Members of the
council who are not otherwise entitled to reimbursement for actual
expenses incurred by them in carrying out their duties as council
members may be reimbursed from funds appropriated to the department
of education. The department of health and human resources and the
department of education will provide staff support, including
meeting minutes for this advisory council.
(w) The PIECES advisory council shall consult with and advise
the secretary, the state board and the Legislature concerning any problems presented to the council and shall submit on or before the
first day of January each year, an annual report of its activities
and suggestions to the secretary, the state board and the
legislative oversight commission on education accountability,
including any findings and recommendations it deems appropriate.
Before adopting final rules or significant program changes, the
department of health and human resources and the department of
education shall submit the proposed rules and significant program
changes to the PIECES advisory council and shall consider any
recommendations made by the council regarding the proposed rules or
significant program changes.
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" shall be is synonymous with and shall
have has the same meaning as "teacher" as defined in section one,
article one, chapter eighteen of this code.
"Professional instructional personnel" means a professional
educator 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 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 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 means 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 means 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 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 for children who have attained the age of five prior to the first day of September
of the school year 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. Commencing
with the school year beginning on the first day of July, two
thousand three, net enrollment for a growth county further shall
include a projected enrollment increase determined as follows: The
difference between the net enrollment for the current school year
and the net enrollment for the school year five years earlier,
which difference is divided by four and the resulting quotient is
multiplied by two and one half.
"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 percent of net enrollment of
grades one through eight may be counted as enrolled in gifted
education and no more than six 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
another state.
"Levies for general current expense purposes" means ninety-
eight 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.
"Growth county" means any county whose net enrollment for the
current school year is greater than its net enrollment for the
school year five years earlier.
§18-9A-15. Allowance for increased enrollment.
To provide for the support of increased net enrollments in the
counties in a school year over the net enrollments used in the
computation of total state aid for that year, there shall be
appropriated for that purpose from the general revenue fund an
amount equal to the average total state aid per net pupil
multiplied by the total of all of the increases in the net
enrollments of the counties made by comparing the most recent
reports of net enrollment for the second school month to the immediately previous year's reports for the same school month.
Upon determination of the several increases in the respective
counties' net enrollments, as of the close of the second school
month, each county showing such increase shall be allocated an
amount equal to that county's average per net pupil total state aid
multiplied by the increase in that county's net enrollment
determined as provided heretofore: Provided, That the increase in
the net enrollment of a growth county for the purposes of this
section shall be only the increase in excess of any projected
enrollment increase already included in net enrollment used in the
computation of the county's state aid for the school year. Such
allocations shall be distributed not later than the thirty-first
day of December of each year to the counties having increases in
net enrollment as heretofore provided. If the amount appropriated
for this purpose shall not be sufficient to provide payment in full
for the total of these several allocations, each county allocation
shall be reduced to an amount which is proportionate to the
appropriation compared to the total of the several allocations, and
the allocations as thus adjusted shall be distributed to the
counties as provided in this section: Provided, That the governor
shall request a supplemental appropriation at the next legislative
session for the reduced amount.
No provision of this section shall be construed to in any way
affect the allocation of moneys for educational purposes to a county under other provisions of law.
Except for those students who are enrolled in special
education programs, Students who have not attained the age of five
prior to the first day of September shall not be included for any
purpose of this section.
Nothing in this section shall be construed to require any
specific level of funding by the Legislature.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.