H. B. 2582
(By Delegates Campbell, Williams, Beach, Eldridge,
M. Poling, Tabb, Tansill, Sumner and Duke)
[Introduced January 9, 2008; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-9A-7 of the Code of West Virginia,
1931, as amended, relating to adjusting foundation allowance
for transportation for projected fuel costs; providing method
for adjustments; simplifying language; clarifying conflicting
provisions; and removing obsolete provisions.
Be it enacted by the Legislature of West Virginia:
That §18-9A-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§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 for each
high-density county and ninety percent for each low density county
of the transportation costs of the county board for maintenance,
operation and related costs, exclusive of all salaries, for the
latest fiscal year for which the expenditures are available,
subject to the following adjustments:
(A) The portion of the allowance attributable to motor fuel
used in student transportation shall be adjusted based on the
projected cost of motor fuel for the current fiscal year. The
projected cost for motor fuel shall be determined by multiplying
the actual expenditures for motor fuel for student transportation
of each county board for the latest fiscal year for which the data
is available by the
state aggregate average percentage change in
expenditures for motor fuel of all county boards for the latest
three fiscal years for which the actual expenditures are available.
Each county board's allowance for motor fuel so determined shall be
further adjusted each fiscal year by the difference between the
actual expenditures for motor fuel for the latest fiscal year for
which the actual expenditures are available and the adjusted amount
used for motor fuel cost in determining the county board's
allowance for that fiscal year; and
(B) For any county that uses an alternative fuel such as
compressed natural gas or other acceptable alternative fuel 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. The portion of the allowance
attributable to alternative fuels used in student transportation
shall be adjusted by the projected cost of alternative fuels for
the current fiscal year in the same manner as that provided in
paragraph (A) of this subdivision for the adjustment for the
projected cost of regular motor fuel. Provided, however, That Any
county using an alternative fuel and qualifying for the additional
allowance 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. The premiums for professional or other liability
insurance obtained from the State Board of Risk and Insurance
Management pursuant to the provisions of section five-a, article
twelve, chapter twenty-nine of this code are exempt from this
procurement requirement;
(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. 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 state
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;
(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 Eighty-five percent
for each high-density county and ninety percent for each low
density county of the cost of contracted transportation services
and public utility transportation of the county board;
(5) 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 transportation
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.
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.
NOTE: The purpose of this bill is to adjust the foundation
allowance for transportation for projected fuel costs; to provide
a method for adjustments; to simplify language; to clarify
conflicting provisions; and to remove obsolete provisions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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