HB2561
HED AM 3-1
The
Committee on Education moves to amend the bill on page two, following the
enacting section, by striking the remainder of the bill and inserting in lieu
thereof the following:
That §18-9A-2, §18-9A-4,
§18-9A-5, §18-9A-6a, §18-9A-7,
§18-9A-9 and §18-9A-10 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that said Code be further amended by inserting a new section, designated
§18-9D-4d, all to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4. Foundation allowance for professional educators.
(a) The basic foundation
allowance to the county for professional educators shall be is
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 In making this computation no
a county shall receive an allowance for the personnel which number is
in excess of professional educators state aid eligible professional
educator positions 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 three tenths 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 forty-five
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 six 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 seventy-five
one hundredths professional educators per each one thousand students in net
enrollment; and
(E) For any professional
educator positions, or fraction thereof, determined for a county pursuant to
paragraphs (A), (B), (C) and (D)
of this subdivision that exceed the number employed, the county’s allowance for
these positions shall be determined using the average state funded salary of
professional educators for the county;
(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 2010, 2011, 2012 and 2013. For each fiscal year thereafter, the
ratios remain at the 2013 level.
(3) (2) The number of and the allowance for
personnel paid in part by state and county funds shall be prorated; and
(4) (3) 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, Each county board shall
establish and maintain a minimum ratio of professional instructional personnel
per one thousand students in net enrollment state aid funded
professional educators as follows:
(1) For each high-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-five and
eight tenths state aid funded professional educators, or the number
employed, whichever is less, is ninety-one and twenty-nine one hundredths
percent;
(2) For each medium-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-five and nine
tenths state aid funded professional educators, or the number employed,
whichever is less, is ninety-one and twenty-four one hundredths percent;
(3) For each low-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-six state
aid funded professional educators, or the number employed, whichever is less, is
ninety-one and eighteen one hundredths percent;
(4) For each sparse-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-six and five
one hundredths state aid funded professional educators, or the number
employed, whichever is less, is ninety-one and seven one hundredths percent;
and
(5) Where two or more
counties join together in support of a vocational or comprehensive high school
or any other program or service, the professional instructional personnel 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.
(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 2010, 2011, 2012 and 2013. For each fiscal year
thereafter, the ratios remain at the 2013 level.
(d) (c) 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 a county shall may not be penalized if it
has increases in enrollment during that school year. Provided, however,
That for the school year 2008-2009, only, no county shall 2017-2018,
only, a county may not be penalized for not meeting the applicable minimum
ratio required in subsection (b) of this section.
(e) No (d) A
county shall may not 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 June 30, 1990, 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 2009 through 2013, 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 2008-2009
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.
(1) For the school year
beginning on July 1, 2008, and thereafter, no A county shall receive
an allowance for an amount in excess of state aid eligible
service personnel positions 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
(E) For any service
personnel positions, or fraction thereof, determined for a county pursuant to
subdivision (1) of this subsection that exceed the number employed, the
county’s allowance for these positions shall be determined using the average
state funded minimum salary of service personnel for the county;
(2) The number of and
the allowance for personnel paid in part by state and county funds shall be
prorated; and
(2) (3) 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-6a. Teachers
retirement fund allowance; unfunded liability allowance.
(a) The total teachers
retirement fund allowance shall be is the sum of the basic
foundation allowance for professional educators, the basic foundation
allowance for professional student support personnel and the basic
foundation allowance for service personnel, as provided in sections four,
and five and eight of this article; all salary equity appropriations
authorized in section five, article four of chapter eighteen-a; and such
amounts as are to be paid by the counties pursuant to sections five-a and
five-b of said article to the extent such county salary supplements are equal
to the amount distributed for salary equity among the counties, multiplied by fifteen
percent the average retirement contribution rate for each county board.
The average contribution rate for each county board is based on the required
employer contributions for state aide eligible employees participating in the
retirement plans pursuant to articles seven-a and seven-b of this chapter.
(b) The teachers retirement
fund allowance amounts provided for in subsection (a) of this section shall be
accumulated in the employers accumulation fund of the state Teachers Retirement
System pursuant to section eighteen, article seven-a of this chapter, and shall
be in lieu of the contribution required of employers pursuant to subsection (b)
of said section as to all personnel included in the allowance for state aid in
accordance with sections four, and five and eight of this
article.
(c) In addition to the
teachers retirement fund allowance provided for in subsection (a) of this
section, there shall be an allowance for the reduction of any unfunded
liability of the teachers retirement fund in accordance with the following
provisions of this subsection. On or before December 31, of each year, the
actuary or actuarial firm employed in accordance with the provisions of section
four, article ten-d, chapter five of this code shall submit a report to the
President of the Senate and the Speaker of the House of Delegates which sets
forth an actuarial valuation of the teachers retirement fund as of the
preceding thirtieth day of June. Each annual report shall recommend the
actuary's best estimate, at that time, of the funding necessary to both
eliminate the unfunded liability over a forty-year period beginning on July 1,
1994, and to meet the cash flow requirements of the fund in fulfilling its
future anticipated obligations to its members. In determining the amount of
funding required, the actuary shall take into consideration all funding
otherwise available to the fund for that year from any source: Provided,
That the appropriation and allocation to the teachers' retirement fund made
pursuant to the provisions of section six-b of this article shall be included
in the determination of the requisite funding amount. In any year in which the
actuary determines that the teachers retirement fund is not being funded in
such a manner, the allowance made for the unfunded liability for the next
fiscal year shall be not less than the amount of the actuary's best estimate of
the amount necessary to conform to the funding requirements set forth in this subsection.
§18-9A-7. Foundation
allowance for transportation cost.
(a) The allowance in the
foundation school program for each county for transportation shall be is
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 multicounty
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 as an alternative fuel compressed
natural gas or propane, the percentage provided in paragraphs (A) through (D)
of this subdivision as applicable for the county plus an additional ten
percent: Provided, That for any county receiving an additional ten
percent for that portion of their bus system using bio-diesel as an alternative
fuel during the school year 2012-2013, bio-diesel shall continue to qualify as
an alternative fuel under this paragraph to the extent that the additional
percentage applicable to that portion of the bus system using bio-diesel shall
be decreased by two and one-half percent per year for four consecutive school
years beginning in school year 2014-2015: Provided, however, 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. Provided,
That the amount for the school year beginning July 1, 2015, will be $15,000,000
and the amount for the school year beginning July 1, 2016, will be $18,000,000.
The amount shall only be used for the replacement of buses except as
provided in subdivision (4) of this subsection. Buses purchased after July
1, 1999 that are driven one hundred eighty thousand miles, regardless of year
model, will be are 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 may 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) Notwithstanding the
restriction on the use of funds for the replacement of buses pursuant to
subdivision (3) of this subsection, up to $200,000 of these funds in any school
year may be used by a county for school facility and equipment repair,
maintenance and improvement or replacement or other current expense priorities
if a request by the county superintendent listing the amount, the intended use
of the funds and the serviceability of the bus fleet is approved by the state
superintendent. Before approving the request, the state superintendent shall
verify the serviceability of the county’s bus fleet based upon the state school
bus inspection defect rate of the county over the two prior years; and
(4) (5) 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 is the sum of the county shares: Provided, That no
a county shall may not 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 of additional buses.
(c) One half of one percent
of the transportation allowance distributed to each county shall be is
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.
§18-9A-9. Foundation
allowance for other current expense and substitute employees and faculty
senates.
The total allowance for other current expense and substitute
employees shall be is the sum of the following:
(1) For current expense, ten percent of the
sum of the computed state allocation for professional educators, professional
student support personnel and service personnel as determined in sections four,
five and eight 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
(1) For current expense:
(A) The non-salary related expenditures for
operations and maintenance, exclusive of expenditures reported in special
revenue funds, for the latest available school year, in each county, divided by
the total square footage of school buildings in each county is used to
calculate a state average expenditure per square foot for operations and
maintenance;
(B) The total square footage of school
buildings in each county divided by each county’s net enrollment for school aid
purposes is used to calculate a state average square footage per student;
(C) Each county’s net enrollment for school
aid purposes multiplied by the state average expenditure per square foot for
operations and maintenance as calculated in paragraph (A) of this subdivision
and multiplied by the state average square footage per student as calculated in
paragraph (B) of this subdivision is that county’s state average costs per
square footage per student for operations and maintenance;
(D) Where two
or more counties join together in support of a vocational or comprehensive high
school or any other program or service, the allowance for current expense may
be prorated among the participating counties by adjusting the net enrollment
for school aid purposes utilized in the calculation by the number of students
enrolled therein for each county; and
(E) Each county’s allowance for current
expense is 70.25% of the county’s state average costs per square footage per
student for operations and maintenance amount as calculated in paragraph (C) of
this subdivision; plus
(2) For professional educator substitutes or current expense,
two and five-tenths percent of the computed state allocation for professional
educators and professional student support personnel as determined in sections
four and eight of this article. Distribution to the counties shall be is
made proportional to the number of professional educators and professional
student support 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 is 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, $200 multiplied by the number of professional
instructional personnel and professional student support personnel employed in
the schools of the county. Distribution shall be is made to each
county for allocation to the faculty senate of each school in the county on the
basis of $200 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 are made at the school level by the faculty senate in accordance
with the provisions of said section five, article five-a and shall may
not be used to supplant the current expense expenditures of the county.
Beginning on September 1, 1994, 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 and instructional technology.
(a) The total allowance to
improve instructional programs shall be and instructional technology
is 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 ten 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
allocated to the counties as follows:
(A) One hundred fifty
thousand dollars shall be allocated to each county; and
(B) Distribution Allocation
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 subdivision shall be used to improve instructional programs
according to the county and school 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 also may be used in the implementation
and maintenance of the uniform integrated regional computer information system.
Up to twenty-five fifty
percent of this allocation for the improvement of instructional programs 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 the
county. Prior to the use of any funds from this subdivision for personnel
costs, the county board must receive authorization from the state
superintendent. 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 t
Strategic Technology Learning Plan. County boards shall make application for
the use of funds for personnel for the next fiscal year by May 1 of each year.
On or before June 1, the state superintendent shall review all applications and
notify applying county boards of the approval or disapproval of the use of
funds for personnel 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.
The provisions relating
to the use of any funds from this subdivision for personnel costs are subject
to the following: (1) The funds
available for personnel under this subsection subdivision may not
be used to increase the total number of professional noninstructional personnel
in the central office beyond four. and
(2) For the school year beginning July 1, 2013, and thereafter, any funds
available to a county for use for personnel under this subsection above the
amount available for the 2012-2013 school year, only may be used for technology
systems specialists until the state superintendent determines that the county
has sufficient technology systems specialists to serve the needs of the county.
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
improving instructional technology, an amount equal to twenty 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 allocated
to the counties as follows:
(A) Thirty thousand dollars
shall be allocated to each county; and
(B) Distribution Allocation
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.
Effective July 1, 2014, Moneys allocated by provision of this
subdivision shall be used to improve instructional technology programs
according to the county and school strategic improvement plans board’s
strategic technology learning plan. plus
This allocation for the
improvement of instructional technology programs may also be used for the
employment of technology system specialists essential for the technology
systems of the schools of the county to be fully functional and readily
available when needed by classroom teachers.
The amount of this allocation used for the employment of technology
system specialists shall be included and justified in the county board’s
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 January 1, 1994, and the debt service requirements on any
revenue bonds issued for the purpose of refunding revenue bonds issued prior to
January 1, 1994, shall be paid by the Department of Education in accordance
with the expenditure schedule approved by the state budget office 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) Notwithstanding the
restrictions on the use of funds pursuant to subdivisions (1) and (2),
subsection (a) of this section, a county board may:
(1) Utilize up to
twenty-five percent of the allocation for the improvement of instructional
programs in any school year for school facility and equipment repair,
maintenance and improvement or replacement and other current expense priorities
and for emergency purposes. The amount of this allocation used for any of these
purposes shall be included and justified in the county and school strategic
improvement plans or amendments thereto; and
(2) Utilize up to fifty
percent of the allocation for improving instructional technology in any school
year for school facility and equipment repair, maintenance and improvement or
replacement and other current expense priorities and for emergency purposes.
The amount of this allocation used for any of these purposes shall be included
and justified in the county board’s strategic technology learning plan or amendments
thereto.
(b) (c) 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 $24,000,000 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) (d) 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.
ARTICLE
9D. SCHOOL BUILDING AUTHORITY.
§18-9D-4d. Emergency facility and equipment repair or replacement fund for financially distressed counties.
From the funds available to it the School Building Authority shall
maintain a reserve fund in the amount of not less than $600,000 for the purpose
of making emergency grants to financially distressed county boards to assist
them in making repairs or performing urgent maintenance to facilities or
facility related equipment or facility related equipment replacement necessary
to maintain the serviceability or structural integrity of school facilities currently
in use or necessary for educating the students of the county. The grants shall be made in accordance with
guideline established by the school building authority. For the purposes of this section, “financially
distressed county” means a county either in deficit or on the most recently
established watch list established by the Department of Education of those
counties at-risk of becoming in deficit.