H. B. 3080
(By Delegates Stemple, Manchin, Williams,
Campbell, Michael, Perry, Boggs, Pethtel)
[Introduced March 17, 2005; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-9A-15 of the Code of West Virginia,
1931, as amended, relating to dedicated funding for both the
counties with increased enrollment and those with a net
enrollment of one thousand four hundred or fewer students.
Be it enacted by the Legislature of West Virginia:
That §18-9A-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§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 an increase shall be is 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. Such These 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 is 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.
Those counties with less than one thousand four hundred net
enrollment shall be eligible for consideration for supplemental
appropriations for capacity building. The State Superintendent
shall receive petitions for supplemental appropriations from
eligible counties that establish verified lack of capacity of the
county to provide direct services to students mandated by state law
or State Board policy. The State Superintendent shall make
appropriations to eligible counties after verifying need and
reasonable local effort to meet mandated requirements.
NOTE: The purpose of this bill is to dedicate funding for both
the counties with increased enrollment and those with a net
enrollment of one thousand four hundred or fewer students.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.