H. B. 4588
(By SPONSOR Delegates Perry, Browning, Poling, Shaver, Wysong, Duke,
Romine, Williams and Ellis)
[Originating in theDATE
Committee on EducationCOMMITTEE.]
(February 15, 2008)
A BILL to repeal §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22
of the Code of West Virginia, 1931, as amended; to amend and
reenact §18-1-1 of said code; to amend and reenact §18-9A-2,
§18-9A-3a, §18-9A-4, §18-9A-5, §18-9A-6, §18-9A-6b,
§18-9A-7, §18-9A-8, §18-9A-9, §18-9A-10 and §18-9A-21 of
said code
;
and to amend and reenact
§18-20-5 of said code
all relating to public school support;
defining terms;
eliminating adjusted enrollment and certain waiver
provisions; eliminating obsolete provisions; providing
alternate computation of county and total basic foundation
program funding for certain years; limiting basis of
foundation allowances for personnel to ceratin ratios of net
student enrollment instead of adjusted enrollment;
establishing different net enrollment limits on the basis of
differences in students per square mile and expiring
existing ratios and funding provisions; providing for
certain adjustments to net enrollment for allowances in low enrollment counties; establishing minimum ratios of
professional instructional personnel per students in net
enrollment; applying growth in local share to increase state
minimum salaries for teachers; establishing student density
categories for determining allowance for transportation;
modifying incentive for alternative fuel use and allowance
for transporting students to certain multi-county centers;
removing obsolete provisions for certain competitive
bidding; deleting allowance for administrative costs;
providing foundation allowance for professional student
support personnel, including fixed charges; revising
calculation of allowance for current expense; including
professional student support personnel costs in determining
professional substitute allowance; placing funding
supplement for advanced placement and duel credit enrollment
in allowance to improve instructional programs; repealing
provisions for certain additional nursing positions;
providing enrollment basis for alternative program funding
and adding prevention programs; expiring certain provisions
for funding for economies of scale in certain counties;
requiring annual review and report by state superintendent
on exceptional student services and accounting of services
and costs; and authorizing appropriation for distribution
upon application to support exceptional student services that exceed county capacity from funds available.
Title Language
Be it enacted by the Legislature of West Virginia:
That §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22 of the
Code of West Virginia, 1931, as amended, be repealed; that §18-1-
1 of said code be amended and reenacted; that §18-9A-2, §18-9A-
3a, §18-9A-4, §18-9A-5, §18-9A-6, §18-9A-6b, §18-9A-7, §18-9A-8,
§18-9A-9, §18-9A-10 and §18-9A-21 of said code be amended and
reenacted; and that
§18-20-5 of said code be
amended and
reenacted,
all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS
FOR
EDUCATION.
18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto have the meanings ascribed to them
unless the context clearly indicates a different meaning:
(a) "School" means the students and teachers assembled in
one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia Board of
Education;
(d) "County board" or "board" means a county board of
education;
(e) "State superintendent" means the State Superintendent of Free Schools;
(f) "County superintendent" or "superintendent" means a
county superintendent of schools;
(g) "Teacher" means a teacher, supervisor, principal,
superintendent or public school librarian; registered
professional nurse, licensed by the West Virginia Board of
Examiners for Registered Professional Nurses and employed by a
county board, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school
in this state;
(h) "Service person" or "service personnel", whether
singular or plural, means any non-teaching school employee who is
not included in the meaning of "teacher" as defined in this
section, and who serves the school or schools as a whole, in a
nonprofessional capacity, including such areas as secretarial,
custodial, maintenance, transportation, school lunch and aides.
Any reference to "service employee" or "service employees" in
this chapter or chapter eighteen-a of this Code means service
person or service personnel as defined in this section;
(i) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work
from an accredited institution of higher learning and who
provides various professional social work services, activities or
methods as defined by the State Board for the benefit of students;
(j) "Regular full-time employee" means any person employed
by a county board who has a regular position or job throughout
his or her employment term, without regard to hours or method of
pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is
entitled to attend or who, if not placed in a residential
facility, would be entitled to attend public schools in
accordance with: (1) Section five, article two of this chapter;
(2) sections fifteen and eighteen, article five of this chapter;
or (3) section one, article twenty of this chapter;
(n) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of
this chapter;
(o) "Low-density county" means a county whose ratio of
student population to square miles is less than or equal to the
state average ratio as computed by the State Department of
Education;
(p) "High-density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the State Department of Education;
and
(q) (o) "Casual deficit" means a deficit of not more than
three percent of the approved levy estimate or a deficit that is
nonrecurring from year to year.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
(a) "State board" means the West Virginia Board of
Education.
(b) "County board" or "board" means a county board of
education.
(c) "Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article
four, chapter eighteen-a of this code.
(d) "Professional educator" shall be synonymous with and
shall have the same meaning as "teacher" as defined in section
one, article one of this chapter.
(e) "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 bachelor's 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 or she is assigned and serves on
a regular full-time basis in appropriate instruction, library,
counseling, attendance, or psychologist or nursing duties.
(f) "Professional student support personnel" means a
"professional person" or an "other professional employee" as
those terms are defined in section one, article one, chapter
eighteen-a of this code who is assigned and serves on a regular
full-time basis as a counselor, a school nurse with a bachelor's
degree and who is licensed by the West Virginia Board of
Examiners for Registered Professional Nurses, or a technology
systems specialist.
(f) (g) "Service personnel salaries" means the state legally
mandated salaries for service personnel as provided in section
eight-a, article four, chapter eighteen-a of this code.
(g) (h) "Service personnel" means all personnel as provided
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 or her
number of employment days in a fiscal year by two hundred: Provided, That the computation for any service 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.
(h) (i) "Net enrollment" means the number of pupils enrolled
in special education programs, kindergarten programs 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:
(1) Adults enrolled in regular secondary vocational programs
existing as of the effective date of this section, subject to the
following:
(1) (A) Net enrollment includes no more than one thousand of
those 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; and
(2) (B) Net enrollment does not include any adult charged
tuition or special fees beyond that required of the regular
secondary vocational student;
(2) Students enrolled in early childhood education programs
as provided in section forty-four, article five of this chapter,
counted on the basis of full-time equivalency;
(3) 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;
(4) The enrollment shall be modified to the equivalent of
the instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5)
For any county whose net enrollment as determined under
all other provisions of this definition is less than one thousand
four hundred, the net enrollment of the county shall be increased
by the product of the following calculation:
(A) The difference between one thousand four hundred and the
net enrollment of the county as determined by all of the other
provisions of this definition multiplied by the reciprocal of the
county's student population density per square mile as a percent
of the state average; and
(B) The result for the county under paragraph (A) multiplied
by one half
for counties with five or more students in net
enrollment per square mile in the county, or multiplied by three
fourths
for counties with two or more but less than five students
in net enrollment per square mile in the county, or multiplied by
one
for counties with less than two students in net enrollment
per square mile in the county
.
(i) "Adjusted enrollment" means the net enrollment plus twice the number of pupils enrolled for special education,
including gifted pupils in grades one through eight and
exceptional gifted pupils in grades nine through twelve, plus the
number of pupils in grades nine through twelve enrolled for
honors and advanced placement programs, subject to the following:
(1) 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;
(2) Nothing herein shall be construed to limit the number of
students who may actually enroll in gifted, exceptional gifted,
honors or advanced placement education programs in any county;
(3) No pupil may be counted more than three times for the
purpose of determining adjusted enrollment;
(4) The enrollment shall be adjusted to the equivalent of
the instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) 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.
(j) "Sparse-density county" means a county whose ratio of
net enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is less than five;
(k) "Low-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than five but less than ten;
(l) "Medium-density county" means a county whose ratio of
net enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than ten but less than twenty;
(m) "High-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than twenty;
(j) (n) "Levies for general current expense purposes" means
ninety-four 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: Provided, That beginning the first day of July, two
thousand eight, "levies for general current expense purposes"
means ninety 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: Provided, however, That effective the first day of
July, two thousand ten, the definitions set forth in this
subsection are subject to the provisions of section two-a of this
article.
§18-9A-3a. Total state basic foundation program for fiscal
years 2009 through 2011, only.
(a) Notwithstanding any other provisions of this article to
the contrary, the total basic foundation program for the state
for the fiscal year one thousand nine hundred ninety-four--
ninety-five years two thousand nine through two thousand eleven
shall be the sum of the amounts computed for each county in
accordance with this section, less the county's local share:
(1) For the fiscal year two thousand nine, the department of
education shall compute the total basic foundation program for
each county in accordance with the provisions of this article and
in accordance with
the provisions of this article in effect for
fiscal year two thousand eight. The total basic foundation
program for each county computed in accordance with this article
is limited to a growth of one third above the amount computed for the county in accordance with the provisions in effect for fiscal
year two thousand eight. The total basic foundation program for
the county
is the greater of the two computations.
(2) For the fiscal year two thousand nine, the department of
education shall compute the total basic foundation program for
each county in accordance with the provisions of this article and
in accordance with
the provisions of this article in effect for
fiscal year two thousand eight. The total basic foundation
program for each county computed in accordance with this article
is limited to a growth of two thirds above the amount computed
for the county in accordance with the provisions in effect for
fiscal year two thousand eight. The total basic foundation
program for the county
is the greater of the two computations.
(3) For the fiscal year two thousand nine, the department of
education shall compute the total basic foundation program for
each county in accordance with the provisions of this article and
in accordance with
the provisions of this article in effect for
fiscal year two thousand eight. The total basic foundation
program for the county
is the greater of the two computations.
Allowance for professional educators as determined in
accordance with sections four and five-a of this article;
(2) Allowance for service personnel as determined in
accordance with sections five and five-a of this article;
(3) Allowance for fixed charges as determined in accordance with the provisions of sections six and six-a of this article;
(4) Allowance for transportation cost in an amount at least
equal to the appropriation for such allowance in the fiscal year
one thousand nine hundred ninety-three--ninety-four;
(5) Allowance for administrative cost in accordance with the
provisions of sections eight and eight-a of this article;
(6) Allowance for other current expense and substitute
employees in an amount at least equal to the appropriation for
such allowance in the fiscal year one thousand nine hundred
ninety-three--ninety-four: Provided, That the allocation of such
funds for expenditure by faculty senates shall be in accordance
with the provisions of section nine of this article;
(7) Allowance to improve instructional programs in an amount
at least equal to the appropriation for such allowance in the
fiscal year one thousand nine hundred ninety-three--ninety-four.
§18-9A-4. Foundation allowance for professional educators.
(a) 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, subject to the following
: 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 professional educators to each one thousand students in adjusted enrollment;
(1) In making this computation no county shall receive an
allowance for the personnel which number is in excess of
professional educators to each one thousand students in net
enrollment as follows:
(A) For each high-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and five one hundredths professional educators
per
each one thousand students in net enrollment
;
(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and two tenths professional educators
per each one
thousand students in net enrollment
;
(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
seventy-two and thirty-five one hundredths professional educators
per each one thousand students in net enrollment
; and
(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and five tenths professional educators
per each one
thousand students in net enrollment;
Provided, however,
That Any county not qualifying under the
provisions of section fourteen of this article is eligible for a
growth rate in professional personnel in any one year not to exceed twenty percent of its total potential increase under this
provision, except that in no case shall the limit be fewer than
five professionals; Provided further,
That
(2) The number of and the allowance for personnel paid in
part by state and county funds shall be prorated; and And
provided further,
That
(3) 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, and in each school year
thereafter,
(b)
Each county board shall establish and maintain a minimum
ratio of fifty professional instructional personnel per one
thousand students in adjusted net enrollment as follows:
(1)
For each high-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and seventy-five one hundredths;
(2) For each medium-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and eighty-five one hundredths
;
(3) For each low-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and ninety-five one hundredths
; and
(4) For each sparse-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six
.
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.
(c) Any county board which does not establish and maintain
this the applicable minimum ratio required in subsection (b) of
this section shall suffer a pro rata reduction in the allowance
for professional educators under this section: And provided
further,
Provided, That no county shall be penalized if it has
increases in enrollment during that school year: Provided,
however, That for the school year two thousand eight - two
thousand nine, only, no county shall be penalized for not meeting
the applicable minimum ratio required in subsection (b) of this
section
. 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.
(d) 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.
(a) 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, subject to the following: Provided, That no
county shall receive an allowance for an amount in excess of
thirty-four 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 service personnel per one thousand students in adjusted
enrollment and the twenty 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 or the
transportation of students to a county or a multi-county
vocational-technical center justify the waiver, except that no
waiver shall be 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 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
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 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
(1) For the school year beginning on the first day of July,
two thousand eight, and thereafter, no county shall receive an
allowance for an amount in excess of service personnel per one
thousand students in net enrollment, as follows:
(A) For each high-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-three and ninety-seven one hundredths service personnel per
one thousand students in net enrollment;
(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-four and fifty-three one hundredths service personnel per
one thousand students in net enrollment;
(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
forty-five and one tenth service personnel per one thousand
students in net enrollment; and
(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-five and sixty-eight one hundredths service personnel per
one thousand students in net enrollment: and
(2) 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.
§18-9A-6. Foundation allowance for fixed charges.
The total allowance for fixed charges shall be the sum of the following:
(1) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above four, five and eight
of this article
, multiplied by the current social security rate
of contribution
; plus
(2) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above
four, five and eight
of this article
, multiplied by four hundredths of one percent as
an allowance for unemployment compensation contribution
; plus
(3) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections four and five above four, five and eight
of this article
, multiplied by the rate which is derived by
dividing the total estimated contributions for workers'
compensation for all county boards by the sum of the foundation
allowance for professional educators and other personnel, as
determined in sections four and five above
four, five and eight
of this article
. The total estimated contribution for workers
compensation is determined by multiplying each county board's
allowance for professional educators and other personnel, as
determined by sections four and five above
four, five and eight
of this article
, by the county's actual contribution rate by using data of the most recent year for which it is available
;
plus
(4) The teachers retirement fund allowance as determined in
section six-a of this article.
§18-9A-6b. Allocation of growth of local share.
(a) Beginning with the first day of July, one thousand nine
hundred ninety-five, and thereafter, an appropriation and
allocation due to the increase in local share not to exceed seven
million dollars above that computed for the previous year, which
increase may be attributable to any increase in the tax rate as
enacted by the Legislature in accordance with the provisions of
subsection (b), section six-f, article eight, chapter eleven of
this code, shall be allocated to the state teachers retirement
system, which appropriation and allocation shall be used to
reduce the amounts required by section six-a of this article or
any other retirement contributions as may be required to the
state teachers retirement system set forth in article seven-a of
this chapter and which shall be accumulated in the employers
accumulation fund created in section eighteen of said article
seven-a.
(b) Beginning the first day of July, two thousand eight, and
for each fiscal year thereafter, one half of the growth in local
share shall be used to increase the state minimum salary schedule
for teachers provided in section two, article four, chapter eighteen-a of this code.
18-9A-7. Foundation allowance for transportation cost.
(a) The allowance in the foundation school program for each
county for transportation shall be the sum of the following
computations:
(1) Eighty-five percent of the transportation cost within
each high-density county and ninety percent of the transportation
cost within each low-density county for maintenance, operation
and related costs, exclusive of all salaries: Provided, That
(1) A percentage of the transportation costs incurred by the
county for maintenance, operation and related costs exclusive of
all salaries, including the costs incurred for contracted
transportation services and public utility transportation, as
follows:
(A) For each high-density county, eighty-seven and one half
percent;
(B) For each medium-density county, ninety percent;
(C) For each low-density county, ninety-two and one half
percent;
(D) For each sparse-density county, ninety-five percent;
(E) For any county for the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, for transporting students to and from classes at a
multi-county vocational center, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for
the county plus an additional ten percent; and
(F) For any county for that portion of its school bus system
that uses an alternative fuel such as compressed natural gas or
other acceptable alternative fuel, the percentage provided in
paragraphs (A) through (D) of this subdivision as applicable for
the county plus an additional ten percent: for the operation of
all or any portion of its school bus system, the allowance in the
foundation school program for the county for that portion of its
school bus system shall be ninety-five percent of the
transportation cost for maintenance, operation and related costs,
exclusive of all salaries, incurred by the use of the
alternatively fueled school buses: Provided, however, That any
county using an alternative fuel and qualifying for the
additional allowance under this subdivision shall submit a plan
regarding the intended future use of alternatively fueled school
buses;
(2) The total cost, within each county, of insurance
premiums on buses, buildings and equipment used in
transportation; Provided, That the premiums were procured through
competitive bidding;
(3) An amount equal to eight and one-third percent of the
current replacement value of the bus fleet within each county as
determined by the state board. The amount shall only be used for the replacement of buses. Buses purchased after the first day of
July, one thousand nine hundred ninety-nine, that are driven one
hundred eighty thousand miles, regardless of year model, will be
subject to the replacement value of eight and one-third percent
as determined by the state board. Provided, That for the school
year beginning on the first day of July, two thousand four, only,
the allowance in the foundation school program for each county
for transportation shall not include an amount for the
replacement of buses. In addition, in any school year in which
its net enrollment increases when compared to the net enrollment
the year immediately preceding, a school district may apply to
the state superintendent for funding for an additional bus or
buses. The state superintendent shall make a decision regarding
each application based upon an analysis of the individual school
district's net enrollment history and transportation needs:
Provided, however, That the superintendent shall not consider any
application which fails to document that the county has applied
for federal funding for additional buses. If the state
superintendent finds that a need exists, a request for funding
shall be included in the budget request submitted by the state
board for the upcoming fiscal year; and
(4) Eighty-five percent of the cost of contracted
transportation services and public utility transportation within
each high-density county and ninety percent of the cost of contracted transportation services and public utility
transportation within each low-density county;
(5) (4) Aid in lieu of transportation equal to the state
average amount per pupil for each pupil receiving the aid within
each county. and
(6) Ninety-five percent of the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, for transporting students to and from classes at a
multicounty vocational center.
(b) The total state share for this purpose shall be the sum
of the county shares: Provided, That no county shall receive an
allowance which is greater than one-third above the computed
state average allowance per transportation mile multiplied by the
total transportation mileage in the county exclusive of the
allowance for the purchase additional buses. Provided, however,
That
(c) One half of one percent of the transportation allowance
distributed to each county shall be for the purpose of trips
related to academic classroom curriculum and not related to any
extracurricular activity. Provided further, That for the school
year beginning on the first day of July, two thousand four, only
the transportation allowance of each county shall include an
allocation for the purpose of trips related to academic classroom
curriculum and not related to any extracurricular activity. The allocation shall equal the amount distributed to the county for
this purpose in the school year beginning on the first day of
July, two thousand three: And Provided further, That Any
remaining funds credited to a county for the purpose of trips
related to academic classroom curriculum during the fiscal year
shall be carried over for use in the same manner the next fiscal
year and shall be separate and apart from, and in addition to,
the appropriation for the next fiscal year. And Provided further,
That The state board may request a county to document the use of
funds for trips related to academic classroom curriculum if the
board determines that it is necessary.
§18-9A-8. Foundation allowance for professional student support
services.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety, the allowance for administrative
cost shall be equal to one and twenty-five one-hundredths percent
of the allocation for professional educators, as determined in
section four of this article as of the first day of July, one
thousand nine hundred ninety.
Distribution of the computed allowance for the fiscal year
beginning on the first day of July, one thousand nine hundred
ninety, shall be made as follows:
(1) Fifty-six percent of the allowance shall be distributed
to the counties in equal amounts; and
(2) Forty-four percent of the allowance shall be distributed
to the regional educational service agencies in accordance with
rules adopted by the state board. The allowance for regional
educational service agencies shall be excluded from the
computation of total basic state aid as provided for in section
twelve of this article.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety-one, and for each fiscal year
thereafter, the allowance for administrative cost shall be equal
to one hundred fifty dollars multiplied by the number of
professional educators authorized in compliance with sections
four and five-a of this article. The allowance shall be
distributed to the counties in equal amounts.
(a) T
he basic foundation allowance to the county for
professional student support personnel 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 in the following enumerated positions
and subject to the following limitations
:
(1) For school nurse, no county shall receive an allowance
for the personnel which number is in excess of one nurse
to each
one thousand five hundred students in net enrollment;
(2) For counselor, no county shall receive an allowance for
the personnel which number is in excess of one counselor
to each three hundred fifty students in net enrollment
; and
(3) For technology systems specialist, no county shall
receive an allowance for the personnel which number is in excess
of one technology systems specialist
to each two thousand five
hundred students in net enrollment.
(b)
Any county not qualifying under the provisions of
subsection (a) for the maximum allowance for personnel is
eligible for a growth rate in professional personnel in any one
year not to exceed twenty-five percent of its total potential
increase in personnel to achieve the maximum under subsection
(a), except that in no case shall the limit be fewer than five
professionals.
§18-9A-9. Foundation allowance for other current expense and
substitute employees.
The total allowance for other current expense and substitute
employees shall be the sum of the following: Provided, That each
of the three amounts set forth in subdivisions (1), (2) and (3)
of this section shall not exceed the preceding year's allowance
by more than four percent:
(1) For current expense, for the year one thousand nine
hundred ninety--ninety-one and thereafter, ten percent of the sum
of the computed state allocation for professional educators and
service personnel as determined in sections four and five of this
article. Distribution to the counties shall be made proportional to the average of each county's average daily attendance for the
preceding year and the county's second month net enrollment each
county shall receive ninety percent of the product of
the state
average expenditure per square foot per student for operations
and maintenance of the counties, exclusive of all salaries,
multiplied by the county's net enrollment;
plus
(2) For professional educator substitutes or current
expense, two and five-tenths percent of the computed state
allocation for professional educators as determined in section
four and other professional personnel as determined in sections
four and eight
of this article
. Distribution to the counties
shall be made proportional to the number of professional
educators and other professional personnel
authorized for the
county in compliance with sections four and eight
of this
article
; plus
(3) For service personnel substitutes or current expense,
two and five-tenths percent of the computed state allocation for
service personnel as determined in section five of this article.
Distribution to the counties shall be made proportional to the
number of service personnel authorized for the county in
compliance with sections section five and five-a of this article;
plus
(4) For academic materials, supplies and equipment for use
in instructional programs, two hundred dollars multiplied by the number of professional instructional personnel employed in the
schools of the county. Distribution shall be made to each county
for allocation to the faculty senate of each school in the county
on the basis of two hundred dollars per professional
instructional personnel employed at the school. Faculty senate
means a faculty senate created pursuant to section five, article
five-a of this chapter. Decisions for the expenditure of such
funds shall be made at the school level by the faculty senate in
accordance with the provisions of said section five, article
five-a and shall not be used to supplant the current expense
expenditures of the county. Beginning on the first day of
September, one thousand nine hundred ninety-four, and every
September thereafter, county boards shall forward to each school
for the use by faculty senates the appropriation specified in
this section. Each school shall be responsible for keeping
accurate records of expenditures.
§18-9A-10. Foundation allowance to improve instructional
programs.
(a) The total allowance to improve instructional programs
shall be the sum of the following:
(1) For instructional improvement in accordance with county
and school electronic strategic improvement plans required by
section five, article two-e of this chapter, an amount equal to
fifteen percent of the increase in the local share amount for the next school year above any required allocation pursuant to
section six-b of this article shall be added to the amount of the
appropriation for this purpose for the immediately preceding
school year. The sum of these amounts shall be distributed to
the counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to
each county;
(B) Distribution to the counties of the remainder of these
funds shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of
this section shall be used to improve instructional programs
according to the county and school electronic strategic
improvement plans required by section five, article two-e of this
chapter and approved by the state board: Provided, That
notwithstanding any other provision of this code to the contrary,
moneys allocated by provision of this section may also be used in
the implementation and maintenance of the uniform integrated
regional computer information system.
Up to twenty-five percent of this allocation may be used to
employ professional educators and service personnel in counties
after all applicable provisions of sections four and five of this
article have been fully utilized.
Prior to the use of any funds from this section for personnel costs, the county board must receive authorization from
the state superintendent of schools. The state superintendent
shall require the county board to demonstrate: (1) The need for
the allocation; (2) efficiency and fiscal responsibility in
staffing; (3) sharing of services with adjoining counties and the
regional educational service agency for that county in the use of
the total local district board budget; and (4) employment of
technology integration specialists to meet the needs for
implementation of the West Virginia 21st Century Strategic
Technology Learning Plan. County boards shall make application
for available funds for the next fiscal year by the first day of
May of each year. On or before the first day of June, the state
superintendent shall review all applications and notify applying
county boards of the distribution of the allocation. The funds
shall be distributed during the fiscal year appropriate. The
state superintendent shall require the county board to
demonstrate the need for an allocation for personnel based upon
the county's inability to meet the requirements of state law or
state board policy: Provided, That the funds available for
personnel under this section may not be used to increase the
total number of professional noninstructional personnel in the
central office beyond four. The plan shall be made available for
distribution to the public at the office of each affected county
board; plus
(2) For the purposes of the West Virginia 21st Century
Strategic Technology Learning Plan provided for in section seven,
article two-e of this chapter, an amount equal to fifteen percent
of the increase in the local share amount for the next school
year above any required allocation pursuant to section six-b of
this article shall be added to the amount of the appropriation
for this purpose for the immediately preceding school year. The
sum of these amounts shall be allocated to the counties as
provided in section seven, article two-e of this chapter to meet
the objectives of the West Virginia 21st Century Strategic
Technology Learning Plan; plus
(3) One percent of the state average per pupil state aid
multiplied by the number of students enrolled in dual credit,
advanced placement and international baccalaureate courses, as
defined by the state board, distributed to the counties
proportionate to enrollment in these courses in each county; plus
(3) (4) An amount not less than the amount required to meet
debt service requirements on any revenue bonds issued prior to
the first day of January, one thousand nine hundred ninety-four,
and the debt service requirements on any revenue bonds issued for
the purpose of refunding revenue bonds issued prior to the first
day of January, one thousand nine hundred ninety-four, shall be
paid into the School Building Capital Improvements Fund created
by section six, article nine-d of this chapter and shall be used solely for the purposes of that article. The School Building
Capital Improvements Fund shall not be utilized to meet the debt
services requirement on any revenue bonds or revenue refunding
bonds for which moneys contained within the School Building Debt
Service Fund have been pledged for repayment pursuant to that
section.
(b) When the school improvement bonds secured by funds from
the School Building Capital Improvements Fund mature, the State
Board of Education shall annually deposit an amount equal to
twenty-four million dollars from the funds allocated in this
section into the School Construction Fund created pursuant to the
provisions of section six, article nine-d of this chapter to
continue funding school facility construction and improvements.
(c) Any project funded by the School Building Authority
shall be in accordance with a comprehensive educational facility
plan which must be approved by the state board and the School
Building Authority.
§18-9A-21.Funding for alternative education programs.
(a) An appropriation shall be made to the state department to be
distributed to county boards for the operation of alternative
education and prevention programs established in accordance with
policies and procedures adopted by the state board under section
six, article two of this chapter. The appropriation shall be an
amount equal to twenty-four dollars per student in net enrollment, subject to appropriation by the Legislature. The
state board shall distribute ninety-seven percent of the total
appropriation to the county boards proportionate to each county's
net enrollment. The remaining three percent of the appropriation
shall be retained by the state department to support the
provision of services to the county boards in administering
programs established in accordance with policies and procedures
adopted by the state board under section six, article two of this
chapter: Provided, That nothing in this section shall be
construed to require any specific level of funding by the
Legislature. Provided, however, That ninety percent of any
appropriation which may be made for the purposes set forth in
this section shall be distributed to county boards on the basis
of net enrollment and ten percent of this appropriation shall be
distributed on a competitive basis to county boards for the
operation of pilot or innovative alternative education programs:
Provided further, That for the fiscal year beginning the first
day of July, two thousand, the total appropriation which may be
made for the purposes set forth in this section shall be
distributed to the county boards on the basis of net enrollment.
(b) Each county board shall apply to the state superintendent
for receipt of its share of the distribution in the manner set
forth by the state superintendent which is consistent with the
policies and procedures adopted by the state board for the establishment and maintenance of alternative education programs.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-5. Powers and duties of state superintendent.
(a) The state superintendent of schools shall organize,
promote, administer and be responsible for:
(1) Stimulating and assisting county boards of education in
establishing, organizing and maintaining special schools,
classes, regular class programs, home-teaching and visiting-
teacher services.
(2) Cooperating with all other public and private agencies
engaged in relieving, caring for, curing, educating and
rehabilitating exceptional children, and in helping coordinate
the services of such agencies.
(3) Preparing the necessary rules, policies, formula for
distribution of available appropriated funds, reporting forms and
procedures necessary to define minimum standards in providing
suitable facilities for education of exceptional children and
ensuring the employment, certification and approval of qualified
teachers and therapists subject to approval by the state board of
education: Provided, That no state rule, policy or standard
under this article or any county board rule, policy or standard
governing special education may exceed the requirements of
federal law or regulation.
(4) The state superintendent shall conduct a comprehensive review and comparison of annually review the rules, policies and
standards of the state with and federal law and report the
findings for serving the needs of exceptional children enrolled
in the public schools and shall report to the legislative
oversight commission on education accountability at its February
by the first day of December or as soon thereafter as requested
by the commission, two thousand five eight, and in each year
thereafter, interim meeting or as soon thereafter as requested by
the commission the findings of the review along with an
accounting of the services provided and the costs thereof for
exceptional children enrolled in the public schools of this state
during the latest available school year.
An appropriation may be
made to the department of education to be distributed to county
boards to support exceptional children service needs that exceed
the capacity of county to provide with funds available. Each
county board shall apply to the state superintendent for receipt
of this funding in a manner set forth by the state superintendent
that assesses and takes into account varying acuity levels of the
exceptional students.
(4) (5) Receiving from county boards of education their
applications, annual reports and claims for reimbursement from
such moneys as are appropriated by the Legislature, auditing such
claims and preparing vouchers to reimburse said counties the
amounts reimbursable to them.
(5) (6) Assuring that all exceptional children in the state,
including children in mental health facilities, residential
institutions, private schools and correctional facilities as
provided in section thirteen-f, article two of this chapter
receive an education in accordance with state and federal laws:
Provided, That the state superintendent shall also assure that
adults in correctional facilities and regional jails receive an
education to the extent funds are provided therefor.
(6) (7) Performing other duties and assuming other
responsibilities in connection with this program as needed.
(7) (8) Receive the county plan for integrated classroom
submitted by the county boards of education and submit a state
plan, approved by the state board of education, to the
legislative oversight commission on education accountability no
later than the first day of December, one thousand nine hundred
ninety-five.
(b) Nothing contained in this section shall be construed to
prevent any county board of education from establishing and
maintaining special schools, classes, regular class programs,
home-teaching or visiting-teacher services out of funds available
from local revenue.
Strike-throughs indicate existing language that
would be removed, and underscoring indicates new language that
would be added.