(a) Notwithstanding any other provision to the contrary, and in order to encourage county superintendents to more fully utilize their administrative capabilities and provide them with increased fiscal flexibility, each county shall be granted the funds equal to the eighty percent of the difference between the total amount received pursuant to sections four and six of this article based on actual professional educators employed and the amount the county would receive if they employed the maximum professional educators allowed pursuant to section four of this article using that county's average funded state minimum salary for professional educators for such computation: Provided, That the following three conditions are all met the prior year:
(1) The county maintained the minimum instructional personnel ratio set forth in section four of this article;
(2) The county reduced the number of maximum class size exemptions, if any, as provided for in section eighteen-a, article five of this chapter, by twenty-five percent over the prior year; and
(3) The county reduced the number of split grade exemptions, if any, as provided for in section eighteen-a, article five of this chapter, by twenty-five percent over the prior year.
(b) Each county shall also be granted the funds equal to eighty percent of the difference between the total amount received pursuant to sections five and six of this article based on actual service personnel employed and the amount the county would receive if they employed the maximum service personnel allowed pursuant to section five of this article, using the county's average state funded minimum salary for service personnel for such computation: Provided, That in the prior year the number of professional educators who do not spend at least seventy-five percent of their work day assigned to a local school or schools shall not exceed the sum of the numbers derived by multiplying (1) the first two hundred or fewer professional educators and service personnel for whom basic state aid is authorized by this article by two and one half percent and (2) all additional such personnel, if any, by one percent, such sum to be rounded down to the nearest tenth.
(c) The provisions of this section shall commence with the school year beginning on the first day of July, one thousand nine hundred eighty-nine, and continue thereafter.
Note: WV Code updated with legislation passed through the 2012 1st Special Session