HB2561 SFA TRUMP 4-5 #1
Hager 7871
Senator Trump moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §11-6A-5a of the Code of West Virginia, 1931, as amended, be repealed; that §11-8-6f and §11-8-12 of said code be amended and reenacted; that §18-9A-2, §18-9A-4, §18-9A-5, §18-9A-6a, §18-9A-7, §18-9A-9, §18-9A-10 and §18-9A-11 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-9A-25; that §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §18-9D-4d and §18-9D-22, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 8. LEVIES.
§11-8-6f. Regular school board levy rate; creation and implementation of Growth County School Facilities Act; creation of Growth County School Facilities Act Fund.
(a)
Notwithstanding any other provision of law, where any annual appraisal,
triennial appraisal or general valuation of property would produce a statewide
aggregate assessment that would cause an increase of two percent or more in the
total property tax revenues that would be realized were the then current
regular levy rates of the county boards of education to be imposed, the rate of
levy for county boards of education shall be reduced uniformly statewide and
proportionately for all classes of property for the forthcoming tax year so as
to cause the rate of levy to produce no more than one hundred two percent of
the previous year’s projected statewide aggregate property tax revenues from extending
the county board of education levy rate, unless subsection (b) of this section
is complied with. The reduced rates of levy shall be calculated in the
following manner: (1) The total assessed value of each class of property as it
is defined by section five of this article for the assessment period just
concluded shall be reduced by deducting the total assessed value of newly
created properties not assessed in the previous year’s tax book for each class
of property; (2) the resulting net assessed value of Class I property shall be
multiplied by .01; the value of Class II by .02; and the values of Classes III
and IV, each by .04; (3) total the current year’s property tax revenue
resulting from regular levies for the boards of education throughout this state
and multiply the resulting sum by one hundred two percent: Provided, That the
one hundred two percent figure shall be increased by the amount the boards of
education’s increased levy provided for in subsection (b), section eight,
article one-c of this chapter; (4) divide the total regular levy tax revenues,
thus increased in subdivision (3) of this subsection, by the total weighted net
assessed value as calculated in subdivision (2) of this subsection and multiply
the resulting product by one hundred; the resulting number is the Class I
regular levy rate, stated as cents-per-one hundred dollars of assessed value;
and (5) the Class II rate is two times the Class I rate; Classes III and IV,
four times the Class I rate as calculated in the preceding subdivision.
An
additional appraisal or valuation due to new construction or improvements,
including beginning recovery of natural resources, to existing real property or
newly acquired personal property shall not be an annual appraisal or general
valuation within the meaning of this section, nor shall the assessed value of
the improvements be included in calculating the new tax levy for purposes of
this section. Special levies shall not be included in any calculations under
this section.
(b)
After conducting a public hearing, the Legislature may, by act, increase the
rate above the reduced rate required in subsection (a) of this section if an
increase is determined to be necessary.
(a) Notwithstanding any other provision of code to the contrary, for the 2018 tax year and thereafter, the regular levy rates for county boards of education shall be the sum of the levy rates set forth in subdivisions (1), (2) and (3), section six-c of this article for each class of property, which are: (1) For Class I property, 22.95 cents per $100; (2) for Class II property, 45.9 cents per $100; and (3) for Class III and Class IV property, 91.8 cents per $100: Provided, That, annually, county boards of education may decrease their regular levy rates to no lower than the following rates: (1) For Class I property, 19.4 cents per $100; (2) for Class II property, 38.8 cents per $100; and (3) for Class III and Class IV property, 77.6 cents per $100.
(c) (b) The State Tax
Commissioner shall report to the Joint Committee on Government and Finance and
the Legislative Oversight Commission on Education Accountability by March 1 of
each year on the progress of assessors in each county in assessing properties
at the constitutionally required sixty percent of market value and the effects
of increasing the limit on the increase in total property tax revenues set
forth in this section to two percent.
(d) (c) Growth County
School Facilities Act. — Legislative findings. —
The Legislature finds and declares that there has been, overall, a statewide decline in enrollment in the public schools of this state; due to this decline, most public schools have ample space for students, teachers and administrators; however, some counties of this state have experienced significant increases in enrollment due to significant growth in those counties; that those counties experiencing significant increases do not have adequate facilities to accommodate students, teachers and administrators. Therefore, the Legislature finds that county boards of education in those high-growth counties should have the authority to designate revenues generated from the application of the regular school board levy due to new construction or improvements placed in a Growth County School Facilities Act Fund be used for school facilities in those counties to promote the best interests of this state’s students.
(1) For the purposes of this subsection, “growth county” means any county that has experienced an increase in second month net enrollment of fifty or more during any three of the last five years, as determined by the State Department of Education.
(2) The provisions of this subsection shall only apply to any growth county, as defined in subdivision (1) of this subsection, that, by resolution of its county board of education, chooses to use the provisions of this subsection.
(3) For any growth county, as defined in subdivision (1) of this
subsection, that adopts a resolution choosing to use the provisions of this
subsection, pursuant to subdivision (2) of this subsection, assessed values
resulting from additional appraisal or valuation due to new construction or
improvements to existing real property shall be designated as new property
values and identified by the county assessor. The statewide regular school board levy
rate as established by
the Legislature shall be applied to the assessed value designated as new property
values and the resulting property tax revenues collected from application of
the regular school board levy rate shall be placed in a separate account
designated as the Growth County School Facilities Act Fund. Revenues deposited
in the Growth County School Facilities Act Fund shall be appropriated by the
county board of education for construction, maintenance or repair of school
facilities. Revenues in the fund may be carried over for an indefinite length
of time and may be used as matching funds for the purpose of obtaining funds
from the School Building Authority or for the payment of bonded indebtedness
incurred for school facilities. For any growth county choosing to use the
provisions of this subsection, estimated school board revenues generated from
application of the regular school board levy rate to new property values are
not to be considered as local funds for purposes of the computation of local
share under the provisions of section eleven, article nine-a, chapter eighteen
of this code.
(e) (d) This section, as amended during the legislative
session in the year 2004, shall be effective as to any regular levy rate
imposed for the county boards of education for taxes due and payable on or
after July 1, 2004. If any provision of this section is held invalid, the
invalidity shall not affect other provisions or applications of this section
which can be given effect without the invalid provision or its application and
to this end the provisions of this section are declared to be severable.
§11-8-12. Levy estimate by board of education; certification and publication.
(a) Each board of education shall, at the session provided for in section nine of this article, if the laying of a levy has been authorized by the voters of the district under article nine, chapter eighteen of this code, ascertain the condition of the fiscal affairs of the district, and make a statement setting forth:
(1) The amount due, and the amount that will become due and collectible during the current fiscal year except from the levy of taxes to be made for the year;
(2) The interest, sinking fund and amortization requirements for the fiscal year of bonded indebtedness legally incurred upon a vote of the people, as provided by law, by any school district existing prior to May 22, 1933, before the adoption of the Tax Limitation Amendment;
(3) Other contractual indebtedness not bonded, legally incurred by any such school district existing prior to May 22, 1933, before the adoption of the Tax Limitation Amendment, owing by such district;
(4) The amount to be levied for the permanent improvement fund;
(5) The total of all other expenditures to be paid out of the receipts for the current fiscal year, with proper allowance for delinquent taxes, exonerations and contingencies;
(6) The amount of such total to be raised by the levy of taxes for the current fiscal year;
(7) The proposed rate of levy in cents on each $100 assessed valuation of each class of property;
(8) The separate and aggregate amounts of the assessed valuation of real, personal and public utility property within each class.
(b) The secretary of the board shall forward immediately a certified copy of the statement to the Auditor and shall publish the statement immediately. The session shall then stand adjourned until the third Tuesday in April, at which time it shall reconvene except where otherwise permitted by section nine of this article: Provided, That no provision of this section or section nine of this article may be construed to abrogate any requirement imposed on the board of education by article nine-b, chapter eighteen of this code.
(c) Notwithstanding any other provision of code to the contrary, for the 2018 tax year only, at the session that is reconvened on the third Tuesday in April, 2017, the county board may change its proposed regular levy rates from the original proposed levy rates that were included in the statement required by subsection (a) of this section. All other requirements pertaining to county boards of education establishing their regular levy rates continue to apply including the requirement for the State Auditor to approve the levy rate.
CHAPTER 18. EDUCATION.
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 is synonymous with and shall
have has 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 “teacher” as defined in section one, article one of this chapter 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. For all purposes except for the determination of the allowance for professional educators pursuant to section four of this article, professional student support personnel are professional educators.
(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 is 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 is 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 may 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 the purposes of determining the county’s basic foundation program only, 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 the difference between one thousand four hundred and the county’s actual net enrollment;
(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 2008-2009 interim period and every three interim periods thereafter,
the Legislative Oversight Commission on Education Accountability shall review
this subdivision to determine whether or not these provisions 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), subsection (i) of this section, 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), subsection (i) of this section, 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), subsection (i) of this section, 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), subsection (i) of this section, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than twenty.
(n)
“Levies Maximum levies for general current expense purposes”
means ninety percent of the maximum levy rate for county boards of
education calculated or set by the Legislature pursuant to section six-f,
as derived from the sum of the levy rates in subdivisions (1), (2) and (3),
section six-c, article eight, chapter eleven of this code for each class
of property.
(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-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 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 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 minimum ratios.
(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.
The
basic foundation allowance to the county for service personnel shall be is
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 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 this subdivision 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 aid-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 the thirtieth day of June 30. 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 the
first day of July, one thousand nine hundred ninety-four 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), inclusive, 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), inclusive, 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 nonsalary-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 percent 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 said section; 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 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 portion of the increase
in the local share amount for the next school year that is due to an
increase in assessed values only 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 Education 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 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 portion of the increase in the local share amount
for the next school year that is due to an increase in assessed values only
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 West Virginia 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 million 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.
§18‑9A‑11. Computation of local share; appraisal and assessment of property; valuations for tax increment financing purposes; computations in growth counties; public library support.
(a) On the basis of each county’s certificates of valuation as to all classes of property as determined and published by the assessors pursuant to section six, article three, chapter eleven of this code for the next ensuing fiscal year in reliance upon the assessed values annually developed by each county assessor pursuant to articles one‑c and three of said chapter, the state board shall for each county compute by application of the maximum levies for general current expense purposes, as defined in section two of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value of each of the several classes of property contained in the report or revised report of the value made to it by the Tax Commissioner as follows:
(1) For
each fiscal year beginning before July 1, 2014, the state board shall first
take ninety‑five percent of the amount ascertained by applying these
rates to the total assessed public utility valuation in each classification of
property in the county. For each fiscal year beginning after June 30, 2014, the The state board
shall first take ninety‑six percent of the amount ascertained by applying
these rates to the total assessed public utility valuation in each
classification of property in the county; and
(2) For
each fiscal year beginning before July 1, 2014, the state board shall then
apply these rates to the assessed taxable value of other property in each
classification in the county as determined by the Tax Commissioner and shall
deduct therefrom five percent as an allowance for the usual losses in
collections due to discounts, exonerations, delinquencies and the like. For
each fiscal year beginning after June 30, 2014, the The state board
shall then apply these rates to the assessed taxable value of other property in
each classification in the county as determined by the Tax Commissioner and
shall deduct therefrom four percent as an allowance for the usual losses in
collections due to discounts, exonerations, delinquencies and the like. All of
the amount so determined shall be added to the ninety‑five or ninety‑six percent as applicable, of public utility taxes
computed as provided in subdivision (1) of this subsection and this total shall
be further reduced by the amount due each county assessor’s office pursuant to
section eight, article one‑c, chapter eleven of this code and this amount
shall be the local share of the particular county.
As to any estimations or preliminary computations of local share required prior to the report to the Legislature by the Tax Commissioner, the state shall use the most recent projections or estimations that may be available from the Tax Department for that purpose.
(b) It is the intent of the Legislature that the computation of local share for public school support continue to be based upon actual real property values rather than assumed assessed real property values that are based upon an assessment ratio study, and that the annual amount of local share for which a county board of education is responsible continue to be computed without reference to whether the real property assessments in that county were at least fifty‑four percent of market value in the prior year as indicated by the assessment ratio study. Accordingly, the effective date of the operation of this section as amended and reenacted during 2014, and the effective date of the operation of the repeal of section two‑a of this article and the operation of the repeal of section five‑b, article one‑c, chapter eleven of this code, all as provided under this enactment, are expressly made retrospective to June 30, 2013.
(c) Whenever in any year a county assessor or a county commission fails or refuses to comply with this section in setting the valuations of property for assessment purposes in any class or classes of property in the county, the State Tax Commissioner shall review the valuations for assessment purposes made by the county assessor and the county commission and shall direct the county assessor and the county commission to make corrections in the valuations as necessary so that they comply with the requirements of chapter eleven of this code and this section and the Tax Commissioner may enter the county and fix the assessments at the required ratios. Refusal of the assessor or the county commission to make the corrections constitutes grounds for removal from office.
(d) For the purposes of any computation made in accordance with this section, in any taxing unit in which tax increment financing is in effect pursuant to article eleven‑b, chapter seven of this code, the assessed value of a related private project shall be the base‑assessed value as defined in section two of said article.
(e) For purposes of any computation made in accordance with this section, in any county where the county board of education has adopted a resolution choosing to use the Growth County School Facilities Act set forth in section six‑f, article eight, chapter eleven of this code, estimated school board revenues generated from application of the regular school board levy rate to new property values, as that term is designated in said section, may not be considered local share funds and shall be subtracted before the computations in subdivisions (1) and (2), subsection (a) of this section are made.
(f) The Legislature finds that public school systems throughout the state provide support in varying degrees to public libraries through a variety of means including budgeted allocations, excess levy funds and portions of their regular school board levies. A number of public libraries are situated on the campuses of public schools and several are within public school buildings serving both the students and public patrons. To the extent that public schools recognize and choose to avail the resources of public libraries toward developing within their students such legally recognized elements of a thorough and efficient education as literacy, interests in literature, knowledge of government and the world around them and preparation for advanced academic training, work and citizenship, public libraries serve a legitimate school purpose and may do so economically. Therefore, county boards are encouraged to support public libraries within their counties.
§18-9A-25. Effective date of changes during 2017 regular session of the Legislature.
The amendments to sections two, four, five, six-a, seven, nine, ten and eleven of this article during the 2017 regular session of the Legislature shall be effective for the calculations and distribution of state aid for the 2018 fiscal year and thereafter; and the provisions in place before those amendments are only effective for the calculations and distribution of state aid prior to the 2018 fiscal year.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-2. Definitions.
For the purposes of this article, unless a different meaning clearly appears from the context:
(1) "Authority" means the School Building Authority of West Virginia;
(2) "Bonds" means bonds issued by the authority pursuant to this article;
(3) "Construction project" means a project in the furtherance of a facilities plan with a cost greater than $1 million for the new construction, expansion or major renovation of facilities, buildings and structures for school purposes, including:
(A) The acquisition of land for current or future use in connection with the construction project;
(B) New or substantial upgrading of existing equipment, machinery and furnishings;
(C) Installation of utilities and other similar items related to making the construction project operational.
(D) Construction project does not include such items as books, computers or equipment used for instructional purposes; fuel; supplies; routine utility services fees; routine maintenance costs; ordinary course of business improvements; other items which are customarily considered to result in a current or ordinary course of business operating charge or a major improvement project;
(4) "Cost of project" means the cost of construction, expansion, renovation, repair and safety upgrading of facilities, buildings and structures for school purposes; the cost of land, equipment, machinery, furnishings, installation of utilities and other similar items related to making the project operational; and the cost of financing, interest during construction, professional service fees and all other charges or expenses necessary, appurtenant or incidental to the foregoing, including the cost of administration of this article;
(5) "County board" or "county" means a county board of education as provided in article five of this chapter and includes the West Virginia Schools for the Deaf and the Blind as provided in article seventeen of this chapter when acting with the approval of the West Virginia Board of Education to submit, request and receive an award of funds or services for projects under the provisions of this article.
(5) (6)
"Facilities plan" means the ten-year countywide comprehensive
educational facilities plan established by a county board in accordance with
guidelines adopted by the authority to meet the goals and objectives of this
article, or a facilities plan established by the administration of the West
Virginia Schools for the Deaf and Blind that:
(A) Addresses the existing school facilities and facility needs of the county, or the Schools for the Deaf and Blind, to provide a thorough and efficient education in accordance with the provisions of this code and policies of the state board;
(B) Best serves the needs of individual students, the general school population and the communities served by the facilities, including, but not limited to, providing for a facility infrastructure that avoids excessive school bus transportation times for students consistent with sound educational policy and within the budgetary constraints for staffing and operating the schools of the county;
(C) Includes the school major improvement plan;
(D) Includes the county board’s school access safety plan required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects completed, current enrollment projections and new or continuing needs; and
(F) Is approved by the state board and the authority prior to the distribution of state funds pursuant to this article to any county board or other entity applying for funds;
(6) (7)
"Project" means a construction project or a major improvement
project;
(7) (8)
"Region" means the area encompassed within and serviced by a regional
educational service agency established pursuant to section twenty-six, article
two of this chapter;
(8) (9)
“Revenue" or "revenues" means moneys:
(A) Deposited in the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(B) Deposited in the School Construction Fund pursuant to section thirty, article fifteen, chapter eleven of this code and section eighteen, article twenty-two, chapter twenty-nine of this code;
(C) Deposited in the School Building Debt Service Fund pursuant to section eighteen, article twenty-two, chapter twenty-nine of this code;
(D) Deposited in the School Major Improvement Fund pursuant to section thirty, article fifteen, chapter eleven of this code;
(E) Received, directly or indirectly, from any source for use in any project completed pursuant to this article;
(F) Received by the authority for the purposes of this article; and
(G) Deposited in the
Excess Lottery School Building Debt Services Fund pursuant to section
eighteen-a, article twenty-two, chapter twenty-nine of this code;.
(9) (10)
"School major improvement plan" means a ten-year school maintenance
plan that:
(A) Is prepared by a county board in accordance with the guidelines established by the authority and incorporated in its Countywide Comprehensive Educational Facilities Plan, or is prepared by the state board or the administrative council of an area vocational educational center in accordance with the guidelines if the entities seek funding from the authority for a major improvement project, or is prepared by the administration of the West Virginia Schools for the Deaf and Blind;
(B) Addresses the regularly scheduled maintenance for all school facilities of the county or under the jurisdiction of the entity seeking funding;
(C) Includes a projected repair and replacement schedule for all school facilities of the county or of the entity seeking funding;
(D) Addresses the major improvement needs of each school within the county or under the jurisdiction of the entity seeking funding; and
(E) Is required prior to the distribution of state funds for a major improvement project pursuant to this article to the county board, state board or administrative council; and
(10) (11) "School
major improvement project" means a project with a cost greater than $50
thousand and less than $1 million for the renovation, expansion, repair and
safety upgrading of existing school facilities, buildings and structures,
including the substantial repair or upgrading of equipment, machinery, building
systems, utilities and other similar items related to the renovation, repair or
upgrading in the furtherance of a school major improvement plan. A major
improvement project does not include such items as books, computers or
equipment used for instructional purposes; fuel; supplies; routine utility
services fees; routine maintenance costs; ordinary course of business
improvements; or other items which are customarily considered to result in a
current or ordinary course of business operating charge.;
(12) "Schools for the Deaf and Blind" or "West Virginia Schools for the Deaf and Blind" means the Schools for the Deaf and Blind established or continued under article seventeen of this chapter.
§18-9D-3. Powers of authority.
The School Building Authority has the power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, in the name of the authority, by purchase, lease-purchase not to exceed a term of twenty-five years, or otherwise, real property or rights or easements necessary or convenient for its corporate purposes and to exercise the power of eminent domain to accomplish those purposes;
(4) To acquire, hold and dispose of real and personal property for its corporate purposes;
(5) To make bylaws for the management and rule of its affairs;
(6) To appoint, contract with and employ attorneys, bond counsel, accountants, construction and financial experts, underwriters, financial advisers, trustees, managers, officers and such other employees and agents as may be necessary in the judgment of the authority and to fix their compensation: Provided, That contracts entered into by the School Building Authority in connection with the issuance of bonds under this article to provide professional and technical services, including, without limitation, accounting, actuarial, underwriting, consulting, trustee, bond counsel, legal services and contracts relating to the purchase or sale of bonds are subject to the provisions of article three, chapter five-a of this code: Provided, however, That notwithstanding any other provisions of this code, any authority of the Attorney General of this state relating to the review of contracts and other documents to effectuate the issuance of bonds under this article shall be exclusively limited to the form of the contract and document: Provided further, That the Attorney General of this state shall complete all reviews of contracts and documents relating to the issuance of bonds under this article within ten calendar days of receipt of the contract and document for review;
(7) To make contracts and to execute all instruments necessary or convenient to effectuate the intent of and to exercise the powers granted to it by this article;
(8) To renegotiate all contracts entered into by it whenever, due to a change in situation, it appears to the authority that its interests will be best served;
(9) To acquire by purchase, eminent domain or otherwise all real property or interests in the property necessary or convenient to accomplish the purposes of this article;
(10) To require proper maintenance and insurance of any project authorized under this section, including flood insurance for any facility within the one hundred year flood plain, at which authority funds are expended;
(11) To charge rent for the use of all or any part of a project or buildings at any time financed, constructed, acquired or improved, in whole or in part, with the revenues of the authority;
(12) To assist the West Virginia Schools for the Deaf and Blind or any county board of education that chooses to acquire land, buildings and capital improvements to existing school buildings and property for use as public school facilities, by lease from a private or public lessor for a term not to exceed twenty-five years with an option to purchase pursuant to an investment contract with the lessor on such terms and conditions as may be determined to be in the best interests of the authority, the State Board of Education and, if applicable, the county board of education, consistent with the purposes of this article, by transferring funds to the State Board of Education as provided in subsection (d), section fifteen of this article for the use of the county board of education;
(13) To accept and expend any gift, grant, contribution, bequest or endowment of money and equipment to, or for the benefit of, the authority or any project under this article, from the State of West Virginia or any other source for any or all of the purposes specified in this article or for any one or more of such purposes as may be specified in connection with the gift, grant, contribution, bequest or endowment;
(14) To enter on any lands and premises for the purpose of making surveys, soundings and examinations;
(15) To contract for
architectural, engineering or other professional services considered necessary
or economical by the authority to provide consultative or other services to the
authority or to any regional educational service agency, the West Virginia
Schools for the Deaf and Blind or any county board requesting
professional services offered by the authority, to evaluate any facilities plan
or any project encompassed in the plan, to inspect existing facilities or any
project that has received or may receive funding from the authority or to
perform any other service considered by the authority to be necessary or
economical. Assistance to the region, school or district may include
the development of preapproved systems, plans, designs, models or documents;
advice or oversight on any plan or project; or any other service that may be
efficiently provided by the authority to regional educational service
agencies, the state board, or county boards by the authority
or the West Virginia Schools for the Deaf and Blind;
(16) To provide funds on an emergency basis to repair or replace property damaged by fire, flood, wind, storm, earthquake or other natural occurrence, the funds to be made available in accordance with guidelines of the School Building Authority;
(17) To transfer moneys to custodial accounts maintained by the School Building Authority with a state financial institution from the school construction fund and the school improvement fund created in the State Treasury pursuant to the provisions of section six of this article, as necessary to the performance of any contracts executed by the School Building Authority in accordance with the provisions of this article;
(18) To enter into
agreements with county boards and persons, firms or corporations to facilitate
the development of county board projects and county board
facilities plans. The county board participating in an agreement shall pay at
least twenty-five percent of the cost of the agreement. Nothing in this
section shall be construed to supersede, limit or impair supersedes,
limits or impairs the authority of county boards to develop and prepare
their projects or plans;
(19) To encourage any
project or part thereof to provide opportunities for students to participate in
supervised, unpaid work-based learning experiences related to the student’s
program of study approved by the county board or the administration of the
West Virginia Schools for the Deaf and Blind. The work-based learning
experience must shall be conducted in accordance with a formal
training plan approved by the instructor, the employer and the student. and
which sets The experience shall set forth at a minimum the specific
skills to be learned, the required documentation of work-based learning
experiences, the conditions of the placement, including duration and safety provisions,
and provisions for supervision and liability insurance coverage as applicable.
Projects involving the new construction and renovation of vocational-technical
and adult education facilities should provide opportunities for students to
participate in supervised work-based learning experiences, to the extent
practical, which meet the requirements of this subdivision. Nothing in this
subdivision may be construed to affect registered youth apprenticeship programs
or the provisions governing those programs; and
(20) To do all things necessary or convenient to carry out the powers given in this article.
§18-9D-4c. School Building Authority authorized to temporarily finance projects through the issuance of loans, notes or other evidences of indebtedness.
The School Building
Authority may by resolution, in accordance with the provisions of this article,
temporarily finance the cost of projects and other expenditures permitted under
this article for public schools in this state, including, but not
limited to, comprehensive high schools, and comprehensive middle schools
as defined in this article, in this state through the issuance of and
the West Virginia Schools for the Deaf and Blind. The financing may be issued
through loans, notes or other evidences of indebtedness, Provided,
That the outstanding principal amount of loans, notes or other
evidences of indebtedness outstanding at any one time shall which may
not exceed $16 million at any one time. Provided, however,
That The principal of, interest and premium if any on, and fees
associated with any such temporary financing shall be payable solely
from the proceeds of bonds or the sources from which the principal
of, interest and premium, if any, on bonds is any bonds are payable
under this article. or from the proceeds of bonds
§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.
§18-9D-16. Authority to establish guidelines and procedures for facilities and major improvement plans; guidelines for modifications and updates, etc.; guidelines for project evaluation; submission of certified list of projects to be funded; department on-site inspection of facilities; enforcement of required changes or additions to project plans.
(a) The authority shall establish guidelines and procedures to promote the intent and purposes of this article and assure the prudent and resourceful expenditure of state funds for projects under this article including, but not limited to, the following:
(1) Guidelines and procedures for the facilities plans, school major improvement plans and projects submitted in the furtherance of the plans that address, but are not limited to, the following:
(A) All of the elements of the respective plans as defined in section two of this article;
(B) The procedures for
a county or the administration of the West Virginia Schools for the Deaf and
Blind to submit a preliminary plan, a plan outline or a proposal for a plan
to the authority prior to the submission of the facilities plan. The
preliminary plan, plan outline or proposal for a plan shall be the basis for a
consultation meeting between representatives of the county or the
administration of the West Virginia Schools for the Deaf and Blind and
members of the authority, including at least one citizen member. which The
meeting shall be held promptly following submission of the preliminary
plan, plan outline or proposal for a plan to assure understanding of the
general goals of this article and the objective criteria by which projects will
be evaluated, to discuss ways the plan may be structured to meet those goals,
and to assure efficiency and productivity in the project approval process;
(C) The manner, time line and process for the submission of each plan and annual plan updates to the authority;
(D) The requirements for public hearings, comments or other means of providing broad-based input on plans and projects under this article within a reasonable time period as the authority may consider appropriate. The submission of each plan must be accompanied by a synopsis of all comments received and a formal comment by the county board, the state board or the administrative council of an area vocational educational center submitting the plan;
(E) Any project specifications and maintenance specifications considered appropriate by the authority including, but not limited to, such matters as energy efficiency, preferred siting, construction materials, maintenance plan and any other matter related to how the project is to proceed;
(F) A prioritization by
the county board, the state board or the administrative council submitting the
plan of each project contained in the plan. In prioritizing the projects,
the county board, the state board or the administrative council submitting the
plan shall make determinations The prioritization shall be determined
in accordance with the objective criteria formulated by the School Building
Authority in accordance with this section. The priority list is one of the
criteria that shall be considered by the authority in deciding how the
available funds should be expended;
(G) The objective means
to be set forth in the plan and used in evaluating implementation of the
overall plan and each project included in the plan. The evaluation must
shall measure how the plan addresses the goals of this article and any
guidelines adopted under this article, and how each project is in
furtherance of the facilities plan and school major improvement plan, as
applicable, as well as the importance of the project to the overall
success of the facilities plan or school major improvement plan, and the
overall goals of the authority; and
(H) Any other matters
considered by the authority to be important reflections of how a construction
project or a major improvement project or projects will further the
overall goals of this article.
(2) Guidelines and
procedures which may be adopted by the authority for requiring that a county
board modify, update, supplement or otherwise submit changes or additions to an
approved facilities plan or for requiring that a county board, the state board
or the administrative council of an area vocational educational center modify,
update, supplement or otherwise submit changes or additions to an approved
school major improvement plan. The authority shall provide reasonable notification
and sufficient time for the change or addition as delineated in its
guidelines. developed by the authority The guidelines shall require an
update of the estimated duration of school bus transportation times for
students associated with any construction project under consideration by the
authority that includes the closure, consolidation or construction of a school
or schools.
(3) Guidelines and procedures for evaluating project proposals that are submitted to the authority that address, but are not limited to, the following:
(A) Any project funded
by the authority must shall be in furtherance of the facilities
plan or school major improvement plan and in compliance with the guidelines
established by the authority;
(B) If a project is to
benefit more than one county in the region, the facilities plan must shall
state the manner in which the cost and funding of the project will be
apportioned among the counties;
(C) If a county board proposes to finance a construction project through a lease with an option to purchase pursuant to an investment contract as described in subsection (f), section fifteen of this article, the specifications for the project must include the term of the lease, the amount of each lease payment, including the payment due upon exercise of the option to purchase, and the terms and conditions of the proposed investment contract; and
(D) The objective
criteria for the evaluation of projects which shall include, but are is
not limited to, the following:
(i) How the current
facilities do not meet and how the plan and any project under the plan meets
meet the following:
(I) Student health and safety including, but not limited to, critical health and safety needs;
(II) Economies of scale, including compatibility with similar schools that have achieved the most economical organization, facility use and pupil-teacher ratios;
(III) Reasonable travel
time and practical means of addressing other demographic considerations. The
authority may not approve a project after July 1, 2008 that includes a
school closure, consolidation or new construction for which a new bus route
will be created for the transportation of students in any of the grade
levels prekindergarten through grade five transporting any prekindergarten
through fifth grade students to and from any school included in the
project, which new bus if the route exceeds by more than fifteen
minutes the recommended duration of the one-way school bus
transportation duration time for elementary students adopted by the
state board as provided in pursuant to section five-d, article
two-e of this chapter, unless the county has received the written permission of
the state board to create the route in accordance with said section five-d;
(IV) Multicounty and regional planning to achieve the most effective and efficient instructional delivery system;
(V) Curriculum improvement and diversification, including the use of instructional technology, distance learning and access to advanced courses in science, mathematics, language arts and social studies;
(VI) Innovations in education;
(VII) Adequate space for projected student enrollments;
(VIII) The history of efforts taken by the county board to propose or adopt local school bond issues or special levies to the extent Constitutionally permissible; and
(IX) Regularly scheduled preventive maintenance; and
(ii) How the project will assure the prudent and resourceful expenditure of state funds and achieve the purposes of this article for constructing, expanding, renovating or otherwise improving and maintaining school facilities for a thorough and efficient education.
(4) Guidelines and procedures for evaluating projects for funding that address, but are not limited to, the following:
(A) Requiring each county board’s facilities plan and school major improvement plan to prioritize all the construction projects or major improvement projects, respectively, within the county. A school major improvement plan submitted by the state board or the administrative council of an area vocational educational center shall prioritize all the school improvement projects contained in the plan. The priority list shall be one of the criteria to be considered by the authority in determining how available funds shall be expended. In prioritizing the projects, the county board, the state board or the administrative council submitting a plan shall make determinations in accordance with the objective criteria formulated by the School Building Authority;
(B) The return to each county submitting a project proposal an explanation of the evaluative factors underlying the decision of the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in accordance with this article, subject to the availability of funds.
(b) Prior to final action on approving projects for funding under this article, the authority shall submit a certified list of the projects to the Joint Committee on Government and Finance.
(c) The State
Department of Education shall conduct on-site inspections, at least annually,
of all facilities which have been funded wholly or in part by moneys from the
authority or state board to ensure compliance with the county board's
facilities plan and school major improvement plan as related to the facilities;
to preserve the physical integrity of the facilities to the extent possible;
and to otherwise extend the useful life of the facilities. Provided,
That The state board shall submit reports regarding its on-site the
inspections of facilities to the authority within thirty days of
completion. of the on-site inspections: Provided, however, That
The state board shall promulgate rules regarding the on-site inspections and
matters relating thereto, in consultation with the authority, as soon as
practical and shall submit proposed rules for legislative review. no
later than December 1, 1994
(d) Based on its
on-site inspection or notification by the authority to the state board that the
changes or additions to a county's board county board’s
facilities plan or school major improvement plan required by the authority
have not been implemented within the time period prescribed by the authority,
the state board shall restrict the use of the necessary funds or otherwise
allocate funds from moneys appropriated by the Legislature for those purposes
set forth in section nine, article nine-a of this chapter.
§18-9D-22. Eligibility of the West Virginia Schools for the Deaf and Blind to participate in all types of funding administered or distributed by the authority.
(a) The Legislature finds that:
(1) The Legislature's Constitutional obligation to provide a thorough and efficient public education for the children of West Virginia includes providing a thorough and efficient education for the children of West Virginia who are deaf and blind;
(2) The Legislature has endeavored to fulfill this obligation with the creation, maintenance and operation of the West Virginia Schools for the Deaf and Blind, established and continued under article seventeen of this chapter;
(3) The West Virginia Schools for the Deaf and Blind have for generations provided educational services to children from each of West Virginia's fifty-five counties;
(4) The facilities of the West Virginia Schools for the Deaf and Blind are in need of substantial improvements;
(5) The West Virginia Schools for the Deaf and Blind have no local levy which supports their operations, and depend completely upon the appropriations from the state;
(6) The West Virginia Schools for the Deaf and Blind have no borrowing authority nor revenue stream that can serve as a source of servicing debt;
(7) Questions have arisen as to whether or not it is permissible for the School Building Authority to distribute to the West Virginia Schools for the Deaf and Blind financial assistance for the construction and improvement of their facilities; and
(8) The West Virginia Schools for the Deaf and Blind should have access to and be eligible to receive all types of funding provided to county boards by the authority.
(b) Notwithstanding any provision of this code to the contrary:
(1) The West Virginia Schools for the Deaf and Blind are eligible to participate in all funding distributed by the authority; and
(2) The authority may distribute to the West Virginia Schools for the Deaf and Blind funds as it determines to be appropriate.
(c) The authority may not require the contribution of local funds for a project of the West Virginia Schools for the Deaf and Blind, nor penalize the consideration or priority ranking of a project of the schools for lack of local project funds. The state board may apply for funds for education programs under its jurisdiction for projects at the West Virginia Schools for the Deaf and Blind.
Adopted
Rejected