WEST virginia legislature
2017 regular session
ENROLLED
for
By Delegates
Espinosa, Upson, Blair, Westfall, R. Romine, Rowan, Cooper, Statler, Kelly,
Dean and Rohrbach
[
AN ACT to amend and reenact §18-9A-4, §18-9A-5,
§18-9A-6a, §18-9A-7, §18-9A-9 and
§18-9A-10 of the Code of West Virginia,
1931, as amended; and to amend said Code by inserting a new section, designated
§18-9D-4d, all relating to public school support generally; determining
allowance for fundable professional educators at set ratio, rather than the
number employed subject to a limit; providing for determination of allowance
for fundable professional educator positions in excess of number employed; determining
allowance for professional educator positions that exceed the number employed; basing
minimum professional instructional personnel required on percent of employed fundable
professional educators; providing for prorating professional instructional
personnel among participating counties in joint school or program or service;
removing penalty for not meeting applicable instructional personnel ratio for
2017-18 school year; determining allowance for fundable service personnel at
set ratio, rather than number employed subject to a limit; providing for
determination of allowance for fundable service personnel positions in excess
of number employed; providing for proration of number and allowance of
personnel employed in part by state and county funds; adding professional
student support personnel allowance to calculation of teachers retirement fund
allowance; establishing that the teachers retirement fund allowance is factored
on average retirement contribution rate of each county and establishing basis
for determining the average retirement contribution rate; allowing limited portion of funds for bus purchases to
be used for school facility and equipment repair, maintenance and improvement
or replacement or other current expense priorities if requested and approved by
state superintendent following verification; changing calculation of allowance
for current expense from percent allowances for professional and service personnel
to county’s state average costs per square footage per student for operations
and maintenance; providing for prorating
allowance for current expense among participating counties in joint school or
program or service; adding the improvement of instructional technology to the
allowance to improve instructional programs; removing authorization for use of
instructional improvement funds for implementation and maintenance of regional
computer information system; removing requirement for fully utilizing applicable
provisions of allowances for professional and service personnel before using
instructional improvement funds for employment; changing percentage of
allocation allowed for employment; removing restriction limiting use of new instructional
improvement funds for employment except for technology system specialists until
certain determination made by state superintendent; authorizing use of
instructional technology improvement funds for employment of technology system
specialists and requiring amount used to be included and justified in strategic
technology plan; specifying when certain debt service payments are to be made
into school building capital improvement fund; authorizing use of percentages
of allocations for improving instructional programs, for improving instructional technology for
facility and equipment repair, maintenance and improvement, or replacement and
other current expense priorities and for emergency purposes; requiring amounts
used to be included and justified in respective strategic plans; authorizing
School Building Authority to 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 for
certain purposes; directing grants to be made in accordance with guideline
established by the authority and deleting
expired provisions.
Be it enacted by the
Legislature of West Virginia:
That §18-9A-4, §18-9A-5, §18-9A-6a, §18-9A-7, §18-9A-9 and §18-9A-10 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; and that said Code
be amended by inserting a new section, designated §18-9D-4d, all to read as
follows:
ARTICLE
9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4. Foundation allowance for professional educators.
(a) The
basic foundation allowance to the county for professional educators 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, subject to the
following:
(1) In
making this computation a county shall receive an allowance for state aid
eligible professional educator positions to each one thousand students in net
enrollment as follows:
(A) For each
high-density county, seventy-two and three tenths professional educators per
each one thousand students in net enrollment;
(B) For
each medium-density county, seventy-two and forty-five one hundredths
professional educators per each one thousand students in net enrollment;
(C) For
each low-density county, seventy-two and six tenths professional educators per
each one thousand students in net enrollment;
(D) For
each sparse-density county, seventy-two and 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) The
number of and the allowance for personnel paid in part by state and county
funds shall be prorated; and
(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) Each
county board shall establish and maintain a minimum ratio of professional
instructional personnel per state aid funded professional educators as follows:
(1) For
each high-density county, the minimum ratio of professional instructional
personnel per 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 ratio of professional instructional
personnel per 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 ratio of professional instructional
personnel per 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 ratio of professional instructional
personnel per state aid funded professional educators, or the number employed,
whichever is less, is ninety-one and seven one hundredths percent; and
(5) Where
two or more counties join together in support of a vocational or comprehensive
high school or any other program or service, the professional instructional
personnel for the school or program may be prorated among the participating
counties on the basis of each one's enrollment therein and the personnel shall be
considered within the above-stated limit.
(c) 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
a county may not be penalized if it has increases in enrollment during that
school year. Provided, however, That for the school year 2017-2018,
only, a county may not be penalized for not meeting the applicable minimum
ratio required in subsection (b) of this section.
(d) A county 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.
§18-9A-5.
Foundation allowance for service personnel.
(a) The basic foundation allowance to the county
for service personnel shall be the amount of money required to pay the annual
state minimum salaries in accordance with the provisions of article four,
chapter eighteen a of this code, to such service personnel employed, subject to
the following:
(1) A
county shall receive an allowance for state aid eligible service personnel
positions per one thousand students in net enrollment, as follows:
(A) For
each high-density county, forty-three and ninety-seven one hundredths service
personnel per one thousand students in net enrollment;
(B) For
each medium-density county, forty-four and fifty-three one hundredths service
personnel per one thousand students in net enrollment;
(C) For
each low-density county, forty-five and one tenth service personnel per one
thousand students in net enrollment;
(D) For
each sparse-density county, forty-five and sixty-eight one hundredths service
personnel per one thousand students in net enrollment; and
(E) For
any service personnel positions, or fraction thereof, determined for a county
pursuant to subdivision (1) of this subsection that exceed the number employed,
the county’s allowance for these positions shall be determined using the
average state funded minimum salary of service personnel for the county;
(2) The
number of and the allowance for personnel paid in part by state and county
funds shall be prorated; and
(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 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, 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 the average retirement contribution rate for
each county board. The average contribution rate for each county board is based
on the required employer contributions for state aide eligible employees
participating in the retirement plans pursuant to articles seven-a and seven-b
of this chapter.
(b) The
teachers retirement fund allowance amounts provided for in subsection (a) of
this section shall be accumulated in the employers accumulation fund of the State
Teachers Retirement System pursuant to section eighteen, article seven-a of
this chapter, and shall be in lieu of the contribution required of employers
pursuant to subsection (b) of said section as to all personnel included in the
allowance for state aid in accordance with sections four, five and eight of
this article.
(c) In
addition to the teachers retirement fund allowance provided for in subsection
(a) of this section, there shall be an allowance for the reduction of any
unfunded liability of the teachers retirement fund in accordance with the
following provisions of this subsection. On or before December 31, of each
year, the actuary or actuarial firm employed in accordance with the provisions
of section four, article ten-d, chapter five of this code shall submit a report
to the President of the Senate and the Speaker of the House of Delegates which
sets forth an actuarial valuation of the teachers retirement fund as of the
preceding thirtieth day of June. Each annual report shall recommend the
actuary's best estimate, at that time, of the funding necessary to both eliminate
the unfunded liability over a forty-year period beginning on July 1, 1994, and
to meet the cash flow requirements of the fund in fulfilling its future
anticipated obligations to its members. In determining the amount of funding
required, the actuary shall take into consideration all funding otherwise
available to the fund for that year from any source: Provided, That the
appropriation and allocation to the teachers' retirement fund made pursuant to
the provisions of section six-b of this article shall be included in the
determination of the requisite funding amount. In any year in which the actuary
determines that the teachers retirement fund is not being funded in such a
manner, the allowance made for the unfunded liability for the next fiscal year shall
be not less than the amount of the actuary's best estimate of the amount
necessary to conform to the funding requirements set forth in this subsection.
§18-9A-7.
Foundation allowance for transportation cost.
(a) The
allowance in the foundation school program for each county for transportation
is the sum of the following computations:
(1) A
percentage of the transportation costs incurred by the county for maintenance,
operation and related costs exclusive of all salaries, including the costs
incurred for contracted transportation services and public utility
transportation, as follows:
(A) For
each high-density county, eighty-seven and one-half percent;
(B) For
each medium-density county, ninety percent;
(C) For
each low-density county, ninety-two and one-half percent;
(D) For
each sparse-density county, ninety-five percent;
(E) For
any county for the transportation cost for maintenance, operation and related
costs, exclusive of all salaries, for transporting students to and from classes
at a multicounty vocational center, the percentage provided in paragraphs (A)
through (D) of this subdivision as applicable for the county plus an additional
ten percent; and
(F) For
any county for that portion of its school bus system that uses as an
alternative fuel compressed natural gas or propane, the percentage provided in
paragraphs (A) through (D) of this subdivision as applicable for the county
plus an additional ten percent: Provided, That for any county receiving
an additional ten percent for that portion of their bus system using bio-diesel
as an alternative fuel during the school year 2012-2013, bio-diesel shall
continue to qualify as an alternative fuel under this paragraph to the extent
that the additional percentage applicable to that portion of the bus system
using bio-diesel shall be decreased by two and one-half percent per year for
four consecutive school years beginning in school year 2014-2015: Provided,
however, That any county using an alternative fuel and qualifying for the
additional allowance under this subdivision shall submit a plan regarding the
intended future use of alternatively fueled school buses;
(2) The
total cost, within each county, of insurance premiums on buses, buildings and
equipment used in transportation;
(3) An
amount equal to eight and one-third percent of the current replacement value of
the bus fleet within each county as determined by the state board. 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, 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 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
(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 a county 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
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 is the sum of the following:
(1) For current expense:
(A) The non-salary related expenditures for operations and
maintenance, exclusive of expenditures reported in special revenue funds, for
the latest available school year, in each county, divided by the total square
footage of school buildings in each county is used to calculate a state average
expenditure per square foot for operations and maintenance;
(B) The total square footage of school buildings in each
county divided by each county’s net enrollment for school aid purposes is used
to calculate a state average square footage per student;
(C) Each county’s net enrollment for school aid purposes
multiplied by the state average expenditure per square foot for operations and
maintenance as calculated in paragraph (A) of this subdivision and multiplied
by the state average square footage per student as calculated in paragraph (B)
of this subdivision is that county’s state average costs per square footage per
student for operations and maintenance;
(D) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the allowance for current expense may be prorated among the participating counties by adjusting the net enrollment for school aid purposes utilized in the calculation by the number of students enrolled therein for each county; and
(E) Each county’s allowance for current expense is 70.25% of
the county’s state average costs per square footage per student for operations
and maintenance amount as calculated in paragraph (C) of this subdivision; plus
(2) For professional educator substitutes or current expense,
two and five-tenths percent of the computed state allocation for professional
educators and professional student support personnel as determined in sections
four and eight of this article. Distribution to the counties 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 is
made proportional to the number of service personnel authorized for the county
in compliance with section five of this article; plus
(4) For academic materials, supplies and equipment for use in
instructional programs, $200 multiplied by the number of professional
instructional personnel and professional student support personnel employed in
the schools of the county. Distribution 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 are made at the school
level by the faculty senate in accordance with the provisions of said section
five, article five-a and 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 and instructional technology
is the sum of the following:
(1) For
instructional improvement, in accordance with county and school electronic
strategic improvement plans required by section five, article two-e of this
chapter, an amount equal to ten percent of the increase in the local share
amount for the next school year above any required allocation pursuant to
section six-b of this article shall be added to the amount of the appropriation
for this purpose for the immediately preceding school year. The sum of these
amounts shall be allocated to the counties as follows:
(A) One
hundred fifty thousand dollars shall be allocated to each county; and
(B)
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 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.
Up to
fifty percent of this allocation for the improvement of instructional programs
may be used to employ professional
educators and service personnel in the county. Prior to the use of any funds
from this subdivision for personnel costs, the county board must receive
authorization from the state superintendent. The state superintendent shall
require the county board to demonstrate: (1) The need for the allocation; (2) efficiency
and fiscal responsibility in staffing; (3) sharing of services with adjoining
counties and the regional educational service agency for that county in the use
of the total local district board budget; and (4) employment of technology
integration specialists to meet the needs for implementation of the West
Virginia 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 funds
available for personnel under this subdivision may not be used to increase the
total number of professional noninstructional personnel in the central office
beyond four.
The plan
shall be made available for distribution to the public at the office of each
affected county board; plus
(2) For
the purposes of improving instructional technology, an amount equal to twenty
percent of the increase in the local share amount for the next school year
above any required allocation pursuant to section six-b of this article shall
be added to the amount of the appropriation for this purpose for the
immediately preceding school year. The sum of these amounts shall be allocated
to the counties as follows:
(A) Thirty
thousand dollars shall be allocated to each county; and
(B)
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 this subdivision shall be used to improve instructional technology
programs according to the county board’s strategic technology learning plan.
This
allocation for the improvement of instructional technology programs may also be
used for the employment of technology system specialists essential for the
technology systems of the schools of the county to be fully functional and
readily available when needed by classroom teachers. The amount of this allocation used for the
employment of technology system specialists shall be included and justified in
the county board’s strategic technology learning plan; plus
(3) One
percent of the state average per pupil state aid multiplied by the number of
students enrolled in dual credit, advanced placement and international
baccalaureate courses, as defined by the state board, distributed to the
counties proportionate to enrollment in these courses in each county; plus
(4) An
amount not less than the amount required to meet debt service requirements on
any revenue bonds issued prior to January 1, 1994, and the debt service
requirements on any revenue bonds issued for the purpose of refunding revenue
bonds issued prior to January 1, 1994, shall be paid by the Department of
Education in accordance with the expenditure schedule approved by the state
budget office into the School Building Capital Improvements Fund created by
section six, article nine-d of this chapter and shall be used solely for the
purposes of that article. The School Building Capital Improvements Fund shall
not be utilized to meet the debt services requirement on any revenue bonds or
revenue refunding bonds for which moneys contained within the School Building
Debt Service Fund have been pledged for repayment pursuant to that section.
(b) Notwithstanding
the restrictions on the use of funds pursuant to subdivisions (1) and (2),
subsection (a) of this section, a county board may:
(1)
Utilize up to twenty-five percent of the allocation for the improvement of
instructional programs in any school year for school facility and equipment
repair, maintenance and improvement or replacement and other current expense
priorities and for emergency purposes. The amount of this allocation used for
any of these purposes shall be included and justified in the county and school
strategic improvement plans or amendments thereto; and
(2)
Utilize up to fifty percent of the allocation for improving instructional
technology in any school year for school facility and equipment repair,
maintenance and improvement or replacement and other current expense priorities
and for emergency purposes. The amount of this allocation used for any of these
purposes shall be included and justified in the county board’s strategic
technology learning plan or amendments thereto.
(c) When
the school improvement bonds secured by funds from the School Building Capital
Improvements Fund mature, the State Board of Education shall annually deposit
an amount equal to $24,000,000 from the funds allocated in this section into
the School Construction Fund created pursuant to the provisions of section six,
article nine-d of this chapter to continue funding school facility construction
and improvements.
(d) Any
project funded by the School Building Authority shall be in accordance with a
comprehensive educational facility plan which must be approved by the state
board and the School Building Authority.
ARTICLE
9D. SCHOOL BUILDING AUTHORITY.
§18-9D-4d. Emergency facility and
equipment repair or replacement fund for financially distressed counties.
From the funds available to it the School Building Authority shall
maintain a reserve fund in the amount of not less than $600,000 for the purpose
of making emergency grants to financially distressed county boards to assist
them in making repairs or performing urgent maintenance to facilities or
facility related equipment or facility related equipment replacement necessary
to maintain the serviceability or structural integrity of school facilities
currently in use or necessary for educating the students of the county. The grants shall be made in accordance with
guideline established by the school building authority. For the purposes of this section,
“financially distressed county” means a county either in deficit or on the most
recently established watch list established by the Department of Education of
those counties at-risk of becoming in deficit.