H. B. 2801
(By Delegates Tabb, Paxton, Wysong, Williams,
Doyle, Campbell and Michael)
[Introduced March 1, 2005; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-1-1 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-9A-2, §18-9A-7,
§18-9A-9, §18-9A-10, §18-9A-12 and §18-9A-15 of said code, all
relating to removing the delay in school aid formula funding
for increased student enrollment; providing the use of
projected net and adjusted enrollments for State aid
calculations when the projections are greater than the second
month of the prior year data; defining terms; aligning other
affected code provisions; updating provisions and removing
obsolete language; changing calculation of reimbursement for
replacement of buses with certain mileage; and advancing date
for certain report by Tax Commissioner.
Be it enacted by the Legislature of West Virginia:
That §18-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-9A-2, §18-9A-7, §18-9A-9,
§18-9A-10, §18-9A-12 and §18-9A-15 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia Board of Education;
(d) "County board" or "board" means the County Board of
Education;
(e) "State superintendent" means the State Superintendent of
free schools;
(f) "County superintendent" or "superintendent" means the
county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal,
superintendent or public school librarian; registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school in
this State;
(h) "Service personnel" means all nonteaching school employees
not included in the above definition of "teacher";
(i) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work from
an accredited institution of higher learning and who provides
various professional social work services, activities or methods as
defined by the State Board for the benefit of students;
(j) "Regular full-time employee" means any person employed by
a county board of education who has a regular position or job
throughout his or her employment term, without regard to hours or
method of pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled
to attend or who, if not placed in a residential facility, would be
entitled to attend public schools in accordance with: (1) Section
five, article two of this chapter; (2) sections fifteen and
eighteen, article five of this chapter; or (3) section one, article
twenty of this chapter;
(n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this
chapter;
(o) "Low-density county" means a county whose ratio of student
population to square miles is less than or equal to the state
average ratio as computed by the State Department of Education;
(p) "High-density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the State Department of Education; and
(q) "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 adults enrolled in regular
secondary vocational programs existing as of the effective date of
this section counted on a full-time equivalency basis and for whom
no tuition or special fees are charged beyond those required of the
regular secondary vocational students: Provided, That net
enrollment shall include no more than one thousand such 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
(q) (r) "Casual deficit" means a deficit of not more than
three percent of the approved levy estimate or a deficit that is
nonrecurring from year to year.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
"State board" means the West Virginia Board of Education.
"County board" or "board" means a county board of education.
"Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article four,
chapter eighteen-a of this code.
"Professional educator" shall be is synonymous with and shall
have has the same meaning as "teacher" as defined in section one,
article one, chapter eighteen of this code.
"Professional instructional personnel" means a professional
educator whose regular duty is as that of a classroom teacher,
librarian, counselor, attendance director, school psychologist or
school nurse with a bachelors degree and who is licensed by the
West Virginia board of examiners for registered professional
nurses. A professional educator having both instructional and
administrative or other duties shall be is 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, counseling, attendance,
psychologist or nursing duties.
"Service personnel salaries" shall mean means the state
legally mandated salaries for service personnel as provided in section eight-a, article four, chapter eighteen-a of this code.
"Service personnel" shall mean means all personnel as provided
for 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 adjusted 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 such 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.
"Net enrollment" means the net enrollment of the county as
defined in section one, article one of this chapter either: (a) At
the end of the second month of the prior school year; or (b) As
projected by the State Superintendent for the school year during
which the basic foundation program funding will be distributed,
which ever is greater. For school years beginning after the
thirtieth day of June, two thousand six, the projections of net
enrollment shall be established by the State Superintendent in
accordance with a rule promulgated by the State board in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code. the number of pupils enrolled in special education
programs, kindergarten programs and grades one to twelve,
inclusive, of the public schools of the county. Commencing with the school year beginning on the first day of July, one thousand
nine hundred eighty-eight, Net enrollment further shall include
adults enrolled in regular secondary vocational programs existing
as of the effective date of this section: Provided, That net
enrollment shall include no more than one thousand such 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: Provided, however, That no
tuition or special fees beyond that required of the regular
secondary vocational student is charged for such adult students
"Adjusted enrollment" means the net enrollment plus twice the
number of pupils enrolled for special education. Commencing with
the school year beginning on the first day of July, one thousand
nine hundred ninety, adjusted enrollment means the net enrollment
plus twice the number of pupils enrolled for special education,
including exceptional gifted, plus the number of pupils in grades
nine through twelve enrolled for honors and advanced placement
programs: plus the number of pupils enrolled on the first day of
July, one thousand nine hundred eighty-nine, in the gifted program
in grades nine through twelve Provided, That commencing with the
school year beginning on the first day of July, one thousand nine
hundred ninety, no more than four percent of net enrollment of
grades one through eight may be counted as enrolled in gifted education and no more than six percent of net enrollment of grades
nine through twelve may be counted as enrolled in gifted education,
exceptional gifted education (subject to the limitation set forth
in section one, article twenty of this chapter) and honors and
advanced placement programs for the purpose of determining adjusted
enrollment within a county: Provided, however, That nothing herein
shall be construed to limit the number of students who may actually
enroll in gifted, honors or advanced placement education programs
in any county: Provided further, That until the school year
beginning on the first day of July, one thousand nine hundred
ninety-two, the preceding percentage limitations shall not restrict
the adjusted enrollment definition for a county to the extent that
those limitations are exceeded by students enrolled in gifted
education programs on the first day of July, one thousand nine
hundred eighty-nine: And Provided further, That no pupil may be
counted more than three times for the purpose of determining
adjusted enrollment. Such Enrollment shall be adjusted to the
equivalent of the instructional term and in accordance with such
the eligibility requirements and rules as established by the State
Board. 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. The adjusted enrollment of a county is the county's
adjusted enrollment as defined herein either: (a) At the end of the second month of the prior school year; or (b) as projected by
the State Superintendent for the school year during which the basic
foundation program funding will be distributed, whichever is
greater. For school years beginning after the thirtieth day of
June, two thousand six, the projections of adjusted enrollment
shall be established by the State Superintendent in accordance with
a rule promulgated by the State Board in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code.
"Levies for general current expense purposes" means
ninety-eight 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.
"Basic resources per pupil" for the state and the several
counties means the total of (a) ninety-five percent of the property
tax revenues computed at 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, but excluding revenues from increased levies as provided in
section ten, article X of the Constitution of West Virginia, and
(b) basic state aid as provided in sections twelve and thirteen of
this article, but excluding the foundation allowance to improve
instructional programs as provided in section ten of this article,
and excluding any funds appropriated for the purpose of achieving salary equity among county board employees, this total divided by
the number of students in adjusted enrollment: Provided, That
beginning with the school year commencing on the first day of July,
one thousand nine hundred ninety-one, and thereafter, the
foundation allowance for transportation costs as provided in
section seven of this article shall also be excluded and the total
shall be divided by the number of students in net enrollment:
Provided, however, That any year's allocations to the counties of
the eighty percent portion of the foundation allowance to improve
instructional programs, as provided in section ten of this article,
shall be determined on the basis of the immediately preceding
school year's basic resources per pupil.
§18-9A-7. Foundation allowance for transportation cost.
The allowance in the foundation school program for each county
for transportation shall be the sum of the following computations:
(1) Eighty-five percent of the transportation cost within each
high-density county and ninety percent of the transportation cost
within each low-density county for maintenance, operation and
related costs, exclusive of all salaries: Provided, That for any
county that uses an alternative fuel such as compressed natural gas
or other acceptable alternative fuel for the operation of all or
any portion of its school bus system, the allowance in the
foundation school program for the county for that portion of its
school bus system shall be ninety-five percent of the transportation cost for maintenance, operation and related costs,
exclusive of all salaries, incurred by the use of the alternatively
fueled school buses: Provided, however, That any county using an
alternative fuel and qualifying for the additional allowance shall
submit a plan regarding the intended future use of alternatively
fueled school buses;
(2) The total cost, within each county, of insurance premiums
procured as provided by law on buses, buildings and equipment used
in transportation; Provided, That the premiums were procured
through competitive bidding
(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. Buses purchased after the first day of
July, one thousand nine hundred ninety-nine, that are driven one
hundred eighty thousand miles, regardless of year model, will be
subject to the remainder of the replacement value of eight and
one-third percent the bus as determined by the State Board.
Provided, That for the school year beginning on the first day of
July, two thousand four, only, the allowance in the foundation
school program for each county for transportation shall not include
an amount for the replacement of buses 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, however, That the superintendent shall 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. If the State Superintendent determines that the net
enrollment of a county is projected to increase and the projected
net enrollment will be used for calculating the basic foundation
program funding of the county, the State Superintendent shall
notify the county and it may apply for funding for an additional
bus or buses on the basis of the projected increase in net
enrollment. If approved by the State Superintendent, the funding
shall be included in the budget request of the State Board for the
basic foundation program funding for the county in the school year
in which the net enrollment is projected to increase;
(4) Eighty-five percent of the cost of contracted
transportation services and public utility transportation within
each high-density county and ninety percent of the cost of
contracted transportation services and public utility
transportation within each low-density county;
(5) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving the aid within each
county; and
(6) Ninety-five percent of 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 total state share for this purpose shall be the sum of the
county shares: Provided, That no county shall 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: Provided, however, That one
half of one percent of the transportation allowance distributed to
each county shall be for the purpose of trips related to academic
classroom curriculum and not related to any extracurricular
activity: Provided further, That for the school year beginning on
the first day of July, two thousand four, only the transportation
allowance of each county shall include an allocation for the
purpose of trips related to academic classroom curriculum and not
related to any extracurricular activity. The allocation shall
equal the amount distributed to the county for this purpose in the
school year beginning on the first day of July, two thousand three:
And Provided further, That 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:
And provided further, That 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.
The total allowance for other current expense and substitute
employees shall be the sum of the following: 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 of each year, 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.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) For each the school year beginning on the first day of
July, one thousand nine hundred ninety-eight, and thereafter, the
sum of the allocations shall be the amount appropriated by the
Legislature for those such purposes:
(1) One hundred fifty thousand dollars shall be allocated to
to each county;
(2) Distribution 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
section shall be used to improve instructional programs according
to a plan for instructional improvement which the affected county
board shall file with the State Board by the first day of August
June of each year, to be approved by the State Board by the first
day of September August of that year if the plan substantially
complies with standards to be adopted by the State Board:
Provided, That notwithstanding any other provision of this code to
the contrary, moneys allocated by provision of this section may
also be used in the implementation and maintenance of the uniform
integrated regional computer information system; and
(3) Up to twenty-five percent of this allocation 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: Provided, That for the school
year beginning on the first day of July, one thousand nine hundred
ninety-six, only, up to an additional twenty-five percent of this
allocation may be used to employ classroom teachers, as defined in
section one, article one, chapter eighteen-a of this code, and/or
service personnel in counties after all applicable provisions of
sections four and five of this article have been fully utilized:
Provided, however, That service personnel employed with the
additional twenty-five percent for the school year beginning on the
first day of July, one thousand nine hundred ninety-six, only, may
not include directors, coordinators or supervisors.
Prior to the use of any funds from this section for personnel
costs, the county board must receive authorization from the State
Superintendent of Schools. The State Superintendent shall require
the district county board to demonstrate: (1) The need for the
allocation; (2) efficiency and fiscal responsibility in staffing;
and (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. District County boards
shall make application for available funds for the next fiscal year
by the first day of May of each year. On or before the first day
of June, the State Superintendent shall review all applications and
notify applying district boards of the distribution of the allocation. The funds shall be distributed during the fiscal year
appropriate appropriated. 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: Provided,
however, That the funds available for personnel under this section
may not be used to increase the total number of professional
noninstructional personnel in the central office beyond four. The
instructional improvement plan shall be made available for
distribution to the public at the office of each affected county
board.
(b) An amount not less than the amount required to meet debt
service requirements on any revenue bonds issued prior to the first
day of January, one thousand nine hundred ninety-four, and the debt
service requirements on any revenue bonds issued for the purpose of
refunding revenue bonds issued prior to the first day of January,
one thousand nine hundred ninety-four, shall be paid 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.
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 twenty-four
million dollars from the funds allocated in this section into the
school construction fund created pursuant to the provisions of
section six, article nine-d, chapter eighteen of this code to
continue funding school facility construction and improvements.
(c) 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-12. County basic foundation; total basic state aid
allowance.
(a) The basic foundation program for each county for the
fiscal year shall be the sum of the amounts computed in accordance
with the provisions of sections four, five, six, seven, eight, nine
and ten of this article. On the first working day of July in each
year, the state board shall determine the basic foundation program
for each county for that fiscal year. Data used in the
computations relating to net and adjusted enrollment, and the
number of professional educators and service personnel, shall be
for the second month of the prior school term the data for net and
adjusted enrollment as defined in section two of this article. The
transportation expenditures used in these computations shall be for the most recent year in which data are available. The allocated
state aid share of the county's basic foundation program shall be
the difference between the cost of its basic foundation program and
the county's local share as determined in section eleven of this
article except as provided in subsection (b) of this section.
(b) The allocated state aid share shall be adjusted in the
following circumstances in the following manner: Provided, That
prior to such adjustment, the state tax commissioner shall provide
the state board, by the fifteenth first day of January December of
each year, a certified listing of those counties in which such
adjustment shall be made pursuant to this subsection, together with
the amount of revenue which will not be available to each county
board in the ensuing fiscal year as a result of the circumstance:
(1) In those instances where the local share as computed under
section eleven of this article is not reflective of local funds
available because the county is under a final court order to refund
or credit property taxes paid in prior years, the allocated state
aid share shall be the county's basic foundation program, minus the
local share as computed under section eleven of this article, plus
the amount of property tax the county is unable to collect or must
refund due to the final court order: Provided, That said
adjustment shall not be made or shall only be made proportionately
when the Legislature fails to fund or funds only in part the public
school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided,
however, That nothing herein provided shall be construed to require
or mandate any level of funding by the Legislature.
(2) In those instances where the local share as computed under
section eleven of this article is not reflective of local funds
available because the county is collecting tax based upon an
assessed value which is less than that determined by the tax
commissioner in the most recent published survey of property
valuations in the state due to an error in the published survey,
which error is certified to by the tax commissioner, the allocated
state aid share shall be the county's basic foundation program,
minus the local share as computed under section eleven of this
article, plus the amount of property tax the county is unable to
collect based on differences in the assessed valuation between
those in the most recent published survey of valuation and the
corrected assessed value actually levied upon by the county:
Provided, That said adjustment shall not be made or shall only be
made proportionately when the Legislature fails to fund or funds
only in part the public school basic foundation support plan state
share at a level sufficient to cover the reduction in state share:
Provided, however, That nothing herein provided shall be construed
to require or mandate any level of funding by the Legislature.
(3) In instances where a county is unable to collect property
taxes from a taxpayer during the pendency of any court proceeding, the allocated state aid share shall be the county's basic
foundation program minus the local share as computed under section
eleven of this article, plus the amount the county is unable to
collect as a result of the pending court proceedings as certified
by the tax commissioner: Provided, That the county is required to
reimburse the amount of allocated state aid share attributable to
the amount of property tax it later receives upon completion of
court proceedings, which shall be paid into the general revenue
fund of the state: Provided, however, That said adjustment shall
not be made or shall only be made proportionately when the
Legislature fails to fund or funds only in part the public school
basic foundation support plan state share at a level sufficient to
cover the reduction in state share: Provided further, That nothing
herein provided shall be construed to require or mandate any level
of funding by the Legislature.
(c) The allocated State aid share shall be is adjusted in any
county receiving payments or contributions in lieu of property
taxes. In instances where a county receives payments or
contributions in lieu of property taxes, the allocated State aid
share shall be is the county's basic foundation program minus the
local share as computed under section eleven of this article, plus
any amounts added pursuant to subsection (b) of this section minus
the payments or contributions in lieu of property taxes which are
distributed by the sheriff to the county board of education. In determining the amount of such the contribution or payment in lieu
of taxes, each county commission shall provide to the State tax
Commissioner, by the first day of January of each year, the total
amount of such the payments or contributions paid to the county and
the proportion of the total amount that has been or will be
distributed to the county board of education. The State Tax
Commissioner then shall provide the State board, by the fifteenth
day of January of each year, a certified listing of those counties
in which an adjustment pursuant to this section shall be is made,
together with the amount of revenue which will be available to each
county board in the ensuing fiscal year as a result of contribution
or payment in lieu of taxes.
(d) Total basic State aid to the county shall be is the
computed State share of basic foundation support. After such the
computation is completed, the State board shall immediately certify
to each county board the amount of State aid allocated to the
county for that fiscal year, subject to any qualifying provisions
of this article.
§18-9A-15. Allowance for increased enrollment.
To provide for the support of increased net enrollments in the
counties in a school year over the net enrollments used in the
computation of total state aid the basic foundation program for
that year, the State Superintendent shall compare reports of the
net enrollments in the counties at the close of the second school month of the school year to those used in the computations. Upon
a determination that the second month net enrollment of a county is
greater than the net enrollment used in the computation of the
county's basic foundation program for that year, the State
Superintendent shall calculate the additional amount of allocated
State aid share due to the county from the greater net enrollment.
The State Superintendent shall certify to the Governor and the
Legislature the total of the additional amounts due to the
counties. The Governor shall request a supplemental appropriation
at the next legislative session for the total additional amounts to
be distributed to the respective counties to which these amounts
are due. Upon appropriation, the State Superintendent shall
distribute said amounts to the respective counties to which they
are due. there shall be appropriated for that purpose from the
general revenue fund an amount equal to the average total state aid
per net pupil multiplied by the total of all of the increases in
the net enrollments of the counties made by comparing the most
recent reports of net enrollment for the second school month to the
immediately previous year's reports for the same school month
Upon determination of the several increases in the respective
counties' net enrollments, as of the close of the second school
month, each county showing such increase shall be allocated an
amount equal to that county's average per net pupil total state aid
multiplied by the increase in that county's net enrollment determined as provided heretofore. Such allocations shall be
distributed not later than the thirty-first day of December of each
year to the counties having increases in net enrollment as
heretofore provided. If the amount appropriated for this purpose
shall not be sufficient to provide payment in full for the total of
these several allocations, each county allocation shall be reduced
to an amount which is proportionate to the appropriation compared
to the total of the several allocations, and the allocations as
thus adjusted shall be distributed to the counties as provided in
this section: Provided, That the governor shall request a
supplemental appropriation at the next legislative session for the
reduced amount.
No provision of this section shall be construed to in any way
to affect the allocation of moneys for educational purposes to a
county under other provisions of law.
Except for those students who are enrolled in special
education programs, students who have not attained the age of five
prior to the first day of September shall may not be included for
any purpose of this section.
Nothing in this section shall be construed to require any
specific level of funding by the Legislature.
NOTE: The purpose of this bill is to remove the delay in
funding for increased public school enrollment, to the extent
possible, through the use of projected net and adjusted enrollments
for calculating the basic foundation program, or the net and adjusted enrollments for the second month of the prior school year,
which ever is greater.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.