H. B. 3020
(By Delegates Mezzatesta, Manuel, Williams, Shelton, Houston,
Willis and Harrison)
(Originating in the Committee on Education)
[March 1, 1999]
A BILL to amend and reenact section four, article two-i, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
nine, article three of said chapter; and to amend and reenact
section nine, article nine-a of said chapter, all relating to
prohibiting the chairman of the West Virginia staff
development advisory council from being an employee of the
state department of education; reducing the state department
of education budget annually by a percentage equal to the
decrease in net enrollment; and allowing additional amounts to
be appropriated to the allowance for other current expense and
substitute employees.
Be it enacted by the Legislature of West Virginia:
That section four, article two-i, chapter eighteen of the code
of west Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section nine, article three of said chapter be amended and reenacted; and that section nine, article
nine-a of said chapter be amended and reenacted, all to read as
follows:
ARTICLE 2I. STAFF DEVELOPMENT COUNCILS.
§18-2I-4. Functions of the West Virginia staff development advisory
council.
The council shall:
(a) Identify and prioritize statewide staff development needs;
(b) Identify effective staff development programs to meet
identified needs;
(c) Communicate staff development information and findings to
the regional staff development councils, the state board and the
legislative oversight commission on education accountability by the
first day of September of each year;
(d) Convene regular meetings on a semiannual basis to
effectuate the requirements in subsections (a), (b) and (c) of this
section; and
(e) Elect
a chairman who shall serve two years: Provided,
That the chairman may not be an employee of the state
department of education.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-9. State department of education.
For carrying into effect the provisions of this chapter, the
state superintendent of schools shall maintain a department of education at his office at the state capitol, and he shall have
authority to employ assistants and such other employees as may be
necessary.
For each fiscal year beginning the first day of July, two
thousand, and thereafter, the personal services, annual increment
and employee benefits of the state department of education budget
shall each be reduced by a percentage equal to the difference
between the current net enrollment and the net enrollment from the
previous year divided by the net enrollment from the previous year:
Provided, That if the current net enrollment is greater than or
equal to the net enrollment from the previous year then there may
be no reductions. For the purposes of this calculation, net
enrollment is defined in section two, article nine-a of this
chapter.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§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, excluding any
additional amounts appropriated by the Legislature for those
purposes: Provided, That each of the three amounts set forth in
subdivisions (1), (2) and (3) of this section shall not exceed the
preceding year's allowance by more than four percent:
(1) For current expense, for the year one thousand nine hundred ninety--ninety-one and thereafter, ten percent of the sum
of the computed state allocation for professional educators and
service personnel as determined in sections four and five 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 as determined in section four of this
article. Distribution to the counties shall be made proportional
to the number of professional educators authorized for the county
in compliance with sections four and five-a 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 sections five and five-a of this article; plus
(4) For academic materials, supplies and equipment for use in
instructional programs, two hundred dollars multiplied by the
number of professional instructional 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 two hundred dollars 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 the first day of September, one thousand nine hundred
ninety-four, 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.