ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4588
(By Delegates Perry, Browning, Poling, Shaver, Wysong, Duke,
Romine, Williams and Ellis)
[Passed March 8, 2008; in effect July 1, 2008.]
AN ACT
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-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; requiring review of certain issues;
establishing minimum ratios of professional instructional
personnel per students in net enrollment; providing criteria
for certain new positions; 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; including professional
student support personnel costs in determining professional
substitute allowance; placing funding supplement for advanced
placement and dual 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; requiring appropriation for
distribution upon application to support children with high
acuity needs that exceed county capacity from funds available; and requiring rule to implement distribution.
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-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, public school librarian 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) "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, and includes technology integration
specialists.
(e) "Professional instructional personnel" means a
professional educator whose regular duty is as that of a classroom
teacher, librarian, attendance director or school psychologist. 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, attendance, or psychologist duties.
(f) "Professional student support personnel" means a
"professional person" 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 or as a school
nurse with a bachelor's degree and who is licensed by the West
Virginia Board of Examiners for Registered Professional Nurses.
(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.
(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 net 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.
(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. 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:
(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
(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 an amount to be determined in accordance with the following:
(A) Divide the state's lowest county student population
density by the county's actual student population density;
(B) Multiply the amount derived from the calculation in
paragraph (A) of this subdivision by three hundred;
(C) If the increase in net enrollment as determined under this
subdivision plus the county's net enrollment as determined under
all other provisions of this subsection is greater than one
thousand four hundred, the increase in net enrollment shall be
reduced so that the total does not exceed one thousand four
hundred; and
(D) During the two thousand eight - two thousand nine interim
period and every three interim periods thereafter, the Legislative
Oversight Commission on Education Accountability shall review the
provisions of this subdivision to determine whether or not they
properly address the needs of counties with low enrollment and a
sparse population density.
(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.
(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.
(o) "Technology integration specialist" means a professional
educator who has expertise in the technology field and is assigned
as a resource teacher to provide information and guidance to
classroom teachers on the integration of technology into the
curriculum.
(p) "State aid eligible personnel" means all professional
educators and service personnel employed by a county board in
positions that are eligible to be funded under this article and
whose salaries are not funded by a specific funding source such as
a federal or state grant, donation, contribution or other specific
funding source not listed.
§18-9A-3a. Total state basic foundation program for fiscal years
2009 through 2013, only.
(a) Notwithstanding any other provisions of this article to
the contrary, the total basic foundation program for the state for
the fiscal years two thousand nine through two thousand thirteen
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 fifth 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 ten, 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 fifths 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 eleven, 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 three fifths 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.
(4) For the fiscal year two thousand twelve, 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 four fifths 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.
(5) For the fiscal year two thousand thirteen and each year thereafter, 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. For the
fiscal year two thousand thirteen only, the total basic foundation
program for the county is the greater of the two computations.
§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:
(1) Subject to subdivision (2) of this subsection, 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 one tenth 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 twenty-five one hundredths 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 four tenths 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 fifty-five one hundredths professional educators
per each one thousand students in net enrollment;
(2) For the ratios applicable to each of the four density
categories set forth in subdivision (1) of this subsection, the
number of professional educators per each one thousand students in
net enrollment increases by five one hundredths per year for each
of fiscal years two thousand ten, two thousand eleven, two thousand
twelve and two thousand thirteen. For each fiscal year thereafter,
the ratios remain at the two thousand thirteen level.
(3) The number of and the allowance for personnel paid in part
by state and county funds shall be prorated; and
(4) 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 the personnel shall be considered
within the above-stated limit.
(b) Subject to subsection (c) of this section, each county board shall establish and maintain a minimum ratio of professional
instructional personnel per one thousand students in 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 eight tenths;
(2) For each medium-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and nine tenths;
(3) For each low-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six;
(4) For each sparse-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six and five one hundredths.
(c) For the ratios applicable to each of the four density
categories set forth in subsection (b) of this subsection, the
number of professional instructional personnel per each one
thousand students in net enrollment increases by five one
hundredths per year for each of fiscal years two thousand ten, two
thousand eleven, two thousand twelve and two thousand thirteen.
For each fiscal year thereafter, the ratios remain at the two
thousand thirteen level.
(d) Any county board which does not establish and maintain 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:
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.
(e) 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.
(f) As the number of professional educators per each one
thousand students in net enrollment increases during fiscal years
two thousand nine through two thousand thirteen, any additional
positions that are created as a result of that increase shall be
positions that will enhance student achievement and are consistent
with the needs as identified in each county board's electronic
county strategic improvement plan. County boards are encouraged to
fill at least some of the additional positions with technology integration specialists.
(g) During the two thousand eight - two thousand nine interim
period, and every three interim periods thereafter, the Legislative
Oversight Commission on Education Accountability shall review the
four density categories created in section two of this article, the
ratios for professional educators established in this section and
the ratios for service personnel established in section five of
this article.
§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:
(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, 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, 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, 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, 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, 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-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) 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:
Provided, 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;
(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. 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, 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) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving the aid within each
county.
(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.
(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. 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. 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.
(d) The amendments made to this section during the two
thousand eight regular session of the Legislature are intended to
be temporary while the transportation issue is further studied
during the two thousand eight-two thousand nine interim period.
§18-9A-8. Foundation allowance for professional student support
services.
(a) The basic foundation allowance to the county for
professional student support personnel shall be the amount of money
determined in accordance with the following:
(1) The sum of the state minimum salaries, as determined in
accordance with the provisions of article four, chapter eighteen of
this code, for all state aid eligible school nurse and counselor
positions in the county during the two thousand eight fiscal year
which number shall be reduced in the same proportion as the number
of professional educators allowed to be funded under section four
of this article to the total number of professional educators
employed that are state aid eligible. In performing this
calculation, the numerator shall be the number of professional
educators actually funded under section four of this article and
the denominator shall be the total number of professional educators
employed that are eligible to be funded under section four of this
article;
(2) The amount derived from the calculation in subdivision (1)
of this subsection is increased by one half percent;
(3) The amount derived from the calculation in subdivision (2)
of this subsection is the basic foundation allowance to the county
for professional student support personnel for the two thousand
nine fiscal year;
(4) For fiscal years two thousand ten, two thousand eleven,
two thousand twelve and two thousand thirteen, the basic foundation
allowance to the county for professional student support personnel
increases by one-half percent per year over the allowance for the
previous year; and
(5) For all fiscal years thereafter, the basic foundation
allowance to the county for professional student support personnel
remains the same amount as in the two thousand thirteen fiscal
year.
(b) The additional positions for counselors that may be
created as a result of the one percent increase provided pursuant
to this section shall be assigned to schools where the counselor
can:
(1) Enhance student achievement;
(2) Provide early intervention for students in grades pre-
kindergarten through five; and
(3) Enhance student development and career readiness.
§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:
(1) For current expense, 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; plus
(2) For professional educator substitutes or current expense,
two and five-tenths percent of the computed state allocation for
professional educators 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 section five 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 non-instructional
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
(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 may 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 twelve 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.
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)(A) 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.
(B) The state superintendent shall annually review the rules, policies and standards of the state and federal law for serving the
needs of exceptional children enrolled in the public schools and
shall report to the legislative oversight commission on education
accountability by the first day of December or as soon thereafter
as requested by the commission, two thousand eight, and in each
year thereafter, 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 shall be
made to the department of education to be distributed to county
boards to support children with high acuity 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. Any remaining funds at the end of a fiscal
year from the appropriation shall be carried over to the next
fiscal year. When possible, federal funds shall be distributed to
county boards for this purpose before any of the state
appropriation is distributed. The state board shall promulgate a
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code that implements the provisions of this
subdivision relating to distributing the funds to the county
boards. The rule at least shall include a definition for "children with high acuity needs".
(4) 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) 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) Performing other duties and assuming other
responsibilities in connection with this program as needed.
(7) 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.