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Chapter 18     Entire Code
‹ Chapter 17G  |  Chapter 18A › Printer Friendly Versions
Chapter 18  |  Article 18 - 9C  |  Section 5

1 - DEFINITIONS; LIMITATIONS OF CHA

2 - STATE BOARD OF EDUCATION

2A - ADOPTION OF TEXTBOOKS, INSTRUC

2B - AREA VOCATIONAL PROGRAM

2C - HARASSMENT, INTIMIDATION OR BU

2D - COMMUNITY EDUCATION

2E - HIGH QUALITY EDUCATIONAL PROGR

2F - INCENTIVES AND RESULTS BASED S

2G - SCHOOL LIBRARY MEDIA IMPROVEME

2H - PUBLIC NOTICE AND PARTICIPATIO

2I - STAFF DEVELOPMENT COUNCILS

2J - PUBLIC AND HIGHER EDUCATION UN

2K - THE DIABETES CARE PLAN ACT

3 - STATE SUPERINTENDENT OF SCHOOLS

4 - COUNTY SUPERINTENDENT OF SCHOOL

5 - COUNTY BOARD OF EDUCATION

5A - LOCAL SCHOOL INVOLVEMENT

5B - SCHOOL INNOVATION ZONES ACT

5C - COMMITTEE REORGANIZATION AND C

5D - West Virginia Feed to Achieve

6 - DRIVER EDUCATION

7 - ADULT LITERACY EDUCATION PROGRA

7A - STATE TEACHERS RETIREMENT SYST

7B - TEACHERS' DEFINED CONTRIBUTION

7C - MERGER OF TEACHERS' DEFINED CO

7D - VOLUNTARY TRANSFER FROM TEACHE

8 - COMPULSORY SCHOOL ATTENDANCE

8A - ATTENDANCE OF HOMELESS CHILDRE

9 - SCHOOL FINANCES

9A - PUBLIC SCHOOL SUPPORT

9B - STATE BOARD OF SCHOOL FINANCE

9C - STATE AID FOR CONSTRUCTION
    18 - 9 C- 1
    18 - 9 C- 2
    18 - 9 C- 3
    18 - 9 C- 4
    18 - 9 C- 5
    18 - 9 C- 6
    18 - 9 C- 7
    18 - 9 C- 8

9D - SCHOOL BUILDING AUTHORITY

9E - AIR QUALITY IN NEW SCHOOLS ACT

9F - SCHOOL ACCESS SAFETY ACT

10 - FEDERAL AID AND GIFTS FOR EDU

10A - REHABILITATION SERVICES

10B - VOCATIONAL REHABILITATION FA

10C - THE SOUTHERN REGIONAL EDUCAT

10D - COMPACT FOR EDUCATION

10E - INTERSTATE COMPACT ON QUALIF

10F - DISABLED PERSONS AND PUBLIC

10F - INTERSTATE COMPACT ON EDUCAT

10G - PROVIDING OF FOOD SERVICE IN

10H - ALBERT YANNI PROGRAMS OF EXC

10I - WEST VIRGINIA SUPPORTED EMPL

10J - BLIND PERSONS' LITERACY RIGH

10K - WEST VIRGINIA TRAUMATIC BRAI

10L - RON YOST PERSONAL ASSISTANCE

10M - WEST VIRGINIA INDEPENDENT LI

10N - INFORMATION TECHNOLOGY ACCES

10O - DISABILITY HISTORY WEEK

11 - WEST VIRGINIA UNIVERSITY

11A - REVENUE BONDS FOR UNIVERSITY

11B - REVENUE BONDS FOR UNIVERSITY

11C - WEST VIRGINIA UNIVERSITY HOS

11D - REVENUE BONDS FOR WEST VIRGI

11E - REVENUE BONDS FOR MARSHALL U

12 - STATE TEACHERS' COLLEGES

12A - REVENUE BONDS FOR MARSHALL U

12B - REVENUE BONDS FOR STATE INST

13 - West Virginia EDGE

13 - WEST VIRGINIA STATE COLLEGE

14 - BLUEFIELD STATE COLLEGE

15 - WEST VIRGINIA INSTITUTE OF TE

16 - ANTIHAZING LAW

17 - WEST VIRGINIA SCHOOLS FOR THE

18 - WEST VIRGINIA SCHOOL FOR THE

19 - EDUCATIONAL OPPORTUNITIES FOR

20 - EDUCATION OF EXCEPTIONAL CHIL

21 - SPECIAL COMMUNITY-BASED PILOT

21 - UNDERWOOD-SMITH TEACHER SCHOL

22 - HIGHER EDUCATION FULL-TIME FA

22A - EMINENT SCHOLARS ENDOWMENT T

22B - STATE SCHOLARSHIP PROGRAM

22C - STATE AID FOR STUDENTS ATTEN

22D - HIGHER EDUCATION STUDENT ASS

22E - DISTINGUISHED PROFESSORS END

23 - ADDITIONAL POWERS, DUTIES AND

24 - FEES AND OTHER MONEY COLLECTE

25 - TAX DEFERRED INVESTMENTS FOR

26 - WEST VIRGINIA BOARD OF REGENT

26A - STATE AUTISM TRAINING CENTER

26B - CLASSIFIED EMPLOYEE SALARY S

26C - INSTITUTE FOR PUBLIC AFFAIRS

26D - INSTITUTE FOR INTERNATIONAL

27 - WEST VIRGINIA EDUCATION LOAN

28 - PRIVATE, PAROCHIAL OR CHURCH

29 - GRIEVANCE PROCEDURE

30 - WEST VIRGINIA COLLEGE PREPAID

31 - RESEARCH AND DEVELOPMENT AGRE

32 - SEVERABILITY

WVC 18- CHAPTER 18. EDUCATION.
WVC 18 - 9 C- ARTICLE 9C. STATE AID FOR CONSTRUCTION, RENOVATION AND REMODELING OF SCHOOL BUILDINGS AND EQUIPPING OF THE SAME.

WVC 18 - 9 C- 1 §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.

WVC 18 - 9 C- 2 §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.

WVC 18 - 9 C- 3 §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.

WVC 18 - 9 C- 4 §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.

WVC 18 - 9 C- 5 §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

WVC 18 - 9 C- 6 §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.

WVC 18 - 9 C- 7 §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.

WVC 18 - 9 C- 8 §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 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§18 - 20 - 1 - (Amended Code)
SENATE BILL - 209
PASSED - Regular Session

SB209 ENR  (Uploaded - 03/25/2014)
Allowing special needs students to participate in graduation ceremonies
§18 - 21 - 2 - (Amended Code)
§18 - 21 - 4 - (Amended Code)
SENATE BILL - 253
PASSED - Regular Session

SB253 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth
§18 - 8 - 2 - (Amended Code)
HOUSE BILL - 4003
PASSED - Regular Session

HB4003 SUB ENR  (Uploaded - 03/25/2014)
Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies
§18 - 2 - 5 A - (Amended Code)
§18 - 2 - 13 - (Amended Code)
§18 - 2 - 17 - (Repealed Code)
§18 - 2 E- 5 B - (Repealed Code)
§18 - 2 E- 7 - (Amended Code)
§18 - 2 E- 8 B - (Repealed Code)
§18 - 2 G- 1 - (Repealed Code)
§18 - 2 G- 2 - (Repealed Code)
§18 - 2 G- 3 - (Repealed Code)
§18 - 5 - 15 E - (Repealed Code)
§18 - 5 - 38 - (Repealed Code)
§18 - 7 - 1 - (Repealed Code)
§18 - 7 - 2 - (Repealed Code)
§18 - 7 - 3 - (Repealed Code)
§18 - 8 - 1 A - (Amended Code)
§18 - 9 A- 6 B - (Repealed Code)
§18 - 9 A- 14 A - (Repealed Code)
§18 - 9 A- 19 - (Repealed Code)
§18 - 9 C- 1 - (Repealed Code)
§18 - 9 C- 2 - (Repealed Code)
§18 - 9 C- 3 - (Repealed Code)
§18 - 9 C- 4 - (Repealed Code)
§18 - 9 C- 5 - (Repealed Code)
§18 - 9 C- 6 - (Repealed Code)
§18 - 9 C- 7 - (Repealed Code)
§18 - 9 C- 8 - (Repealed Code)
HOUSE BILL - 4228
PASSED - Regular Session

HB4228 ENR SUB  (Uploaded - 03/25/2014)
Repealing or removing certain portions of education-related statutes that have expired
§18 - 2 - 16 - (Amended Code)
HOUSE BILL - 4270
PASSED - Regular Session

HB4270 SUB ENR  (Uploaded - 03/25/2014)
Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center
§18 - 9 - 2 - (Amended Code)
HOUSE BILL - 4302
PASSED - Regular Session

hb4302 ENR  (Uploaded - 03/25/2014)
Relating to elections for public school purposes
§18 - 2 - 5 H - (New Code)
HOUSE BILL - 4316
PASSED - Regular Session

hb4316 SUB ENR  (Uploaded - 03/25/2014)
Creating the student data accessability, transparency and accountability act
§18 - 7 A- 14 - (Amended Code)
§18 - 7 A- 17 - (Amended Code)
§18 - 7 A- 18 - (Amended Code)
§18 - 7 A- 18 A - (Amended Code)
HOUSE BILL - 4365
PASSED - Regular Session

hb4365 ENR  (Uploaded - 03/25/2014)
Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board
§18 - 6 - 1 - (Amended Code)
§18 - 6 - 2 - (Amended Code)
§18 - 6 - 4 - (Amended Code)
§18 - 6 - 5 - (Amended Code)
§18 - 6 - 8 - (Amended Code)
§18 - 6 - 9 - (Repealed Code)
§18 - 6 - 10 - (Repealed Code)
HOUSE BILL - 4373
PASSED - Regular Session

HB4373 ENR SUB  (Uploaded - 03/25/2014)
Relating to driver education programs
§18 - 20 - 1 C - (Amended Code)
HOUSE BILL - 4384
PASSED - Regular Session

HB4384 SUB ENR  (Uploaded - 03/25/2014)
Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan
§18 - 20 - 10 - (New Code)
HOUSE BILL - 4608
PASSED - Regular Session

HB4608 SUB ENR  (Uploaded - 03/25/2014)
Defining dyslexia and dyscalculia
§18 - 2 E- 10 - (Amended Code)
HOUSE BILL - 4618
PASSED - Regular Session

HB4618 ENR  (Uploaded - 03/25/2014)
Establishing transformative system of support for early literacy
§18 - 5 B- 3 - (Amended Code)
§18 - 5 B- 13 - (New Code)
HOUSE BILL - 4619
PASSED - Regular Session

HB4619 ENR  (Uploaded - 03/25/2014)
Authorizing innovation school districts
§18 - 9 A- 2 - (Amended Code)
§18 - 9 A- 2 A - (Repealed Code)
§18 - 9 A- 11 - (Amended Code)
SENATE BILL - 1009
PASSED - 1st Special Session

SB1009 ENR  (Uploaded - 03/26/2014)
Relating to computation of local share for public school support purposes
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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