ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2530
(By Delegates Perry and M. Poling)
[Passed April 10, 2009; in effect July 1, 2009.]
AN ACT
to amend and reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the
Code of West Virginia, 1931, as amended, all relating to
further defining professional student support personnel;
clarifying definition of net enrollment; modifying method for
computing increase in net enrollment for certain counties;
providing for computation of certain personnel allowances for
certain fiscal years based on number of personnel that would
be eligible based on net enrollment; and including
professional student support personnel in the public school
support formula allowance calculations for current expense and
faculty senates.
Be it enacted by the Legislature of West Virginia:
That §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
(a) "State board" means the West Virginia Board of Education.
(b) "County board" or "board" means a county board of
education.
(c) "Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article four,
chapter eighteen-a of this code.
(d) "Professional educator" shall be synonymous with and shall
have the same meaning as "teacher" as defined in section one,
article one of this chapter, and includes technology integration
specialists.
(e) "Professional instructional personnel" means a
professional educator whose regular duty is as that of a classroom
teacher, librarian, attendance director or school psychologist. A
professional educator having both instructional and administrative
or other duties shall be included as professional instructional
personnel for that ratio of the school day for which he or she is
assigned and serves on a regular full-time basis in appropriate
instruction, library, attendance, or psychologist duties.
(f) "Professional student support personnel" means a "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 counted as
that number found by dividing his or her number of employment days
in a fiscal year by two hundred: Provided, That the computation
for any service person employed for three and one-half hours or
less per day as provided in section eight-a, article four, chapter
eighteen-a of this code shall be calculated as one-half an
employment day.
(i) "Net enrollment" means the number of pupils enrolled in
special education programs, kindergarten programs and grades one to
twelve, inclusive, of the public schools of the county. Net
enrollment further shall include:
(1) Adults enrolled in regular secondary vocational programs
existing as of the effective date of this section, subject to the
following:
(A) Net enrollment includes no more than one thousand of those
adults counted on the basis of full-time equivalency and
apportioned annually to each county in proportion to the adults
participating in regular secondary vocational programs in the prior year counted on the basis of full-time equivalency; and
(B) Net enrollment does not include any adult charged tuition
or special fees beyond that required of the regular secondary
vocational student;
(2) Students enrolled in early childhood education programs as
provided in section forty-four, article five of this chapter,
counted on the basis of full-time equivalency;
(3) No pupil shall be counted more than once by reason of
transfer within the county or from another county within the state,
and no pupil shall be counted who attends school in this state from
another state;
(4) The enrollment shall be modified to the equivalent of the
instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) For 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 the provisions of this
subdivision to determine whether or not they properly address the
needs of counties with low enrollment and a sparse population
density.
(j) "Sparse-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is less than five.
(k) "Low-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than five but less than ten.
(l) "Medium-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than ten but less than twenty.
(m) "High-density county" means a county whose ratio of net enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than twenty.
(n) "Levies for general current expense purposes" means
ninety-four percent of the levy rate for county boards of education
calculated or set by the Legislature pursuant to the provisions of
section six-f, article eight, chapter eleven of this code:
Provided, That beginning July 1, 2008, "levies for general current
expense purposes" means ninety percent of the levy rate for county
boards of education calculated or set by the Legislature pursuant
to the provisions of section six-f, article eight, chapter eleven
of this code: Provided, however, That effective July 1, 2010, the
definitions set forth in this subsection are subject to the
provisions of section two-a of this article.
(o) "Technology integration specialist" means a professional
educator who has expertise in the technology field and is assigned
as a resource teacher to provide information and guidance to
classroom teachers on the integration of technology into the
curriculum.
(p) "State aid eligible personnel" means all professional
educators and service personnel employed by a county board in
positions that are eligible to be funded under this article and
whose salaries are not funded by a specific funding source such as
a federal or state grant, donation, contribution or other specific
funding source not listed.
§18-9A-3a. Total state basic foundation program for fiscal years
2009 through 2013, only.
(a) Notwithstanding any other provisions of this article to
the contrary, the total basic foundation program for the state for
the fiscal year 2009 through 2013 shall be the sum of the amounts
computed for each county in accordance with this section, less the
county's local share:
(1) For the fiscal year 2009, the Department of Education
shall compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of one-fifth
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two
computations.
(2) For the fiscal year 2010, the Department of Education
shall compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of two-fifths
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two computations.
(3) For the fiscal year 2011, the Department of Education
shall compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of three-fifths
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two
computations.
(4) For the fiscal year 2012, the Department of Education
shall compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of four-fifths
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two
computations.
(5) For the fiscal year 2013 and each year thereafter, the
Department of Education shall compute the total basic foundation
program for each county in accordance with the provisions of this
article and in accordance with the provisions of this article in
effect for fiscal year 2008. For the fiscal year 2013 only, the total basic foundation program for the county is the greater of the
two computations.
(b) When computing the basic foundation program for fiscal
years 2010 through 2013 only, the allowance for professional
educators and the allowance for service personnel computed for each
school district in accordance with the provisions of this article
that became effective on July 1, 2008, shall be based on the number
of personnel that would be eligible based on the net enrollment of
the county notwithstanding the number employed for the second month
of the prior school term and notwithstanding the pro rata reduction
for failure to establish and maintain the minimum professional
instructional personnel ratios set forth in section four of this
article.
§18-9A-9. Foundation allowance for other current expense and
substitute employees.
The total allowance for other current expense and substitute
employees shall be the sum of the following:
(1) For current expense, ten percent of the sum of the
computed state allocation for professional educators, 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
(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 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 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 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 made at the school level by the
faculty senate in accordance with the provisions of said section
five, article five-a and shall not be used to supplant the current
expense expenditures of the county. Beginning on 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.