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§18-9C-1. Purposes and construction of article.
The ratification of the "better school buildings amendment" has provided the potential source of funds for county boards of education to use for the construction, renovation, remodeling and equipping of elementary or secondary public school buildings or facilities and for the acquisition and preparation of sites for elementary or secondary public school buildings or facilities. Because of the importance of these activities to the whole state of West Virginia, it is necessary that the various county boards of education receive guidance from a state board with regard to overall planning responsibilities. With this in mind, this article is enacted to provide the framework whereby the management and administration of funds can be effectively coordinated so that said funds derived from the sale of bonds pursuant to the "better school buildings amendment" can be used to the best advantage of all our school children wherever they might live in the state.

§18-9C-2. Definitions.
For the purpose of this article:

"Assistance ratio" means the state bond potential per pupil divided by the county bond potential per pupil and the result multiplied by .8971819.

"County board" means a county board of education.

"Existing bonded indebtedness" means outstanding obligations of principal and interest payments that a county board of education owes as of the first day of July, one thousand nine hundred seventy-two.

"Net enrollment" means the number of children enrolled in grades one to twelve, inclusive, and in special education programs of the public schools of the state as of the end of the third school month of the school year one thousand nine hundred seventy-two -- seventy-three.

"State board" means the West Virginia board of education.

§18-9C-3. Powers and duties of state board of education with regard to management and administration of funds derived from issuance and sale of bonds.
The state board is hereby authorized and empowered to accept, administer, manage and expend for the purposes designated all funds derived from the sale of bonds under authority of the "better school buildings amendment," pursuant to the allocation formula set forth in this article. The state board shall require comprehensive school facilities plans from each county board and shall release funds only for projects which are an approved part of such comprehensive plans. The state board shall make an annual report of their expenditures to the governor and the Legislature at the end of each fiscal year.

The state board is authorized and empowered, from time to time, to promulgate such rules and regulations as it may deem necessary and convenient to insure the full implementation of its powers and duties authorized under this article.

§18-9C-4. Establishment of state school building fund; contents and use of fund.
There is hereby established a state school building fund into which there shall be paid all the moneys derived from the sale of the bonds authorized by the "better school buildings amendment." The proceeds of the fund shall be distributed by the state board to such county boards of education as qualify therefor by meeting such conditions, qualifications and requirements as are prescribed in this article. The proceeds of the fund shall be used by the county boards of education solely for the construction, renovation or remodeling of elementary or secondary public school buildings or facilities, the equipping of the same in connection with any such construction, renovation or remodeling and the acquisition and preparation of sites for elementary or secondary public school buildings or facilities.

Except for such sums necessary for current operating balances, the proceeds of the funds shall be invested and reinvested in short-term obligations of the United States treasury. However, no such investment or reinvestment shall adversely affect the current operating balances of such fund. Any sums accruing as a result of such investment shall be allocated to the counties on a per pupil basis without regard to any incentive provision as provided in section six of this article.

§18-9C-5. Entitlement to counties.
Each county board of education shall be entitled to receive, subject to the provisions of this article and further subject to the availability of money in the school building fund, the amounts as set forth in the following schedule:

1. $200,000 FLAT GRANT

2. $239.2722 PER NET ENROLLED PUPIL

3. ASSISTANCE RATIO X 239.2722 PER NET ENROLLED PUPIL

$239.2722 X

$239.2722 Net

Per Pupil Enrollment Total

$200,000. In Net X Assistance (1) plus (2)

Flat Grant Enrollment Ratio* plus (3)

(1) (2) (3) (4)

Barbour ... $ 200,000$ 768,398$ 863,602$ 1,832,000

Berkeley .. 200,000 2,081,277 1,911,352 4,192,629

Boone ..... 200,000 1,499,237 1,589,491 3,288,728

Braxton ... 200,000 759,307 898,483 1,857,790

Brooke .... 200,000 1,501,868 1,190,067 2,891,935

Cabell .... 200,000 4,883,584 3,144,576 8,228,160

Calhoun ... 200,000 422,236 527,522 1,149,758

Clay ...... 200,000 620,555 1,010,893 1,831,448

Doddridge . 200,000 366,496 294,387 860,883

Fayette ... 200,000 3,028,855 3,916,366 7,145,221

Gilmer .... 200,000 367,931 258,536 826,467

Grant ..... 200,000 490,176 231,279 921,455

Greenbrier. 200,000 1,805,687 1,878,263 3,883,950

Hampshire . 200,000 629,646 480,793 1,310,439

Hancock ... 200,000 2,097,066 1,246,084 3,543,150

Hardy ..... 200,000 494,961 407,968 1,102,929

Harrison .. 200,000 3,620,943 3,099,207 6,920,150

Jackson ... 200,000 1,392,302 958,346 2,550,648

Jefferson . 200,000 1,237,044 1,120,397 2,557,441

Kanawha ... 200,000 11,874,042 7,801,321 19,875,363

Lewis ..... 200,000 860,979 577,179 1,638,158

Lincoln ... 200,000 1,254,029 2,389,696 3,843,725

Logan ..... 200,000 2,930,772 4,686,180 7,816,952

Marion .... 200,000 2,818,814 2,286,459 5,305,273

Marshall .. 200,000 1,860,948 903,926 2,964,874

Mason ..... 200,000 1,420,770 1,321,981 2,942,751

Mercer .... 200,000 3,340,808 3,806,587 7,347,395

Mineral ... 200,000 1,289,195 1,709,402 3,198,597

Mingo ..... 200,000 2,246,343 3,468,466 5,914,809

Monongalia. 200,000 2,484,135 1,632,315 4,316,450

Monroe .... 200,000 554,768 676,362 1,431,130

Morgan .... 200,000 506,683 491,681 1,198,364

McDowell .. 200,000 3,155,167 4,446,839 7,802,006

Nicholas .. 200,000 1,424,598 2,003,458 3,628,056

Ohio ...... 200,000 2,257,826 1,219,055 3,676,881

Pendleton . 200,000 374,869 344,061 918,930

Pleasants . 200,000 410,992 315,563 926,555

Pocahontas. 200,000 482,760 490,036 1,172,796

Preston ... 200,000 1,532,011 1,686,915 3,418,926

Putnam .... 200,000 1,732,962 1,828,580 3,761,542

Raleigh ... 200,000 4,027,151 5,297,508 9,524,659

Randolph .. 200,000 1,401,393 1,571,002 3,172,395

Ritchie ... 200,000 537,543 541,642 1,279,185

Roane ..... 200,000 747,106 656,013 1,603,119

Summers ... 200,000 722,944 881,788 1,804,732

Taylor .... 200,000 767,202 862,534 1,829,736

Tucker .... 200,000 399,988 504,273 1,104,261

Tyler ..... 200,000 571,992 606,272 1,378,264

Upshur .... 200,000 1,021,500 991,530 2,213,030

Wayne ..... 200,000 2,401,602 3,312,596 5,914,198

Webster ... 200,000 648,306 904,986 1,753,292

Wetzel .... 200,000 1,182,500 1,156,294 2,538,794

Wirt ...... 200,000 280,613 427,868 908,481

Wood ...... 200,000 4,875,689 5,152,582 10,228,271

Wyoming ... 200,000 2,033,431 2,519,438 4,752,869

$11,000,000 $94,500,000 $94,500,000 $200,000,000

§18-9C-6. Submission of plans; approval; incentive provisions.
Each county shall be entitled to receive the sum of two hundred thousand dollars as hereinafter set forth. Each county board shall be required to submit unto the state board a comprehensive plan or plans encompassing, but not necessarily limited to, its proposed use of the grant funds and those remaining funds set forth for each county in the distribution schedule of section five of this article. The county board shall be required to resubmit said plan or plans as, in the determination of the state board, said action is necessary to meet the rules and regulations authorized under this article. The state board shall approve or disapprove said submitted plan or plans. within ninety days of the date of submission of said plans. Once said plan or plans are approved and, in the determination of the state board, the project or projects are ready to be undertaken, the state board shall distribute the amount to the respective counties equal to that amount due under the distribution schedule contained in section five of this article.

Notwithstanding any other provision of this article, priority in the approval of submitted plan or plans shall be given to any county which satisfactorily shows to the state board that it has sufficient resources, through grants, gifts, excess levies, county bond funds, or any other money available to county boards, with which to defray the cost of its plan or plans where said plan or plans call for total expenditures in excess of the amounts designated for that county under the distribution schedule in section five of this article: Provided, That this requirement shall, in no way, deter the distribution to a county, with an approved plan or plans, which county has at least eighty percent of its bonding potential obligated.

In any event, at the end of two years from the effective date of this legislation, all counties' eligibility to their entitlement shall vest; however, said counties shall not receive said moneys until their comprehensive plan or plans have been approved by the state board.

§18-9C-7. Supplemental powers conferred; conflicting laws superseded.
The powers conferred by this article shall be in addition and supplemental to the existing powers of the county boards of education. The provisions of any other law or laws conflicting with the provisions of this article shall be and the same are hereby superseded to the extent of any such conflict.

§18-9C-8. Severability.
If any part of this article is declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article, or the article in its entirety.

Note: WV Code updated with legislation passed through the 2012 1st Special Session