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Engrossed Version Senate Bill 604 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

Senate Bill No. 604

(By Senators Unger, Helmick, Sharpe, Chafin, Plymale, Prezioso,

Edgell, Love, Bailey, Bowman, Minear, Boley,

Facemyer, Yoder, Guills and Sprouse)

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[Originating in the Committee on Finance;

reported March 18, 2005]

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A BILL to amend and reenact §18-9A-15 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislature to make an appropriation for increased enrollment; requiring the State Board to promulgate a rule establishing a method of projecting the increase in net enrollment in each school district; requiring the State Superintendent to make projections of increased enrollment; requiring two allocations to counties with increased enrollment, the first being based on projected enrollment and the second being determined in a manner requiring the total of the two allocations be based on the actual increase in enrollment; requiring school districts with a projected increase enrollment to refund a certain amount of the first allocation in certain instances; and including students who have not attained the age of five.

Be it enacted by the Legislature of West Virginia:
That §18-9A-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-15. Allowance for increased enrollment.
(a) 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 for that year, 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 to be determined in accordance with this section.
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.
(b) On or before the first day of September, two thousand five, the State Board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code that establishes an objective method for projecting the increase in net enrollment for each school district. The State Superintendent shall use the method prescribed by the rule to project the increase in net enrollment for each school district.
(c) The State Superintendent shall multiply the average total state aid per net pupil by the sum of the projected increases in net enrollment for all school districts and report this amount to the Governor for inclusion in his or her proposed budget to the Legislature. The Legislature shall appropriate to the West Virginia Department of Education the amount calculated by the State Superintendent and proposed by the Governor.
(d) The State Superintendent shall calculate each school district's share of the appropriation by multiplying the projected increase in net enrollment for the school district by the average total state aid per net pupil and shall distribute sixty percent of each school district's share to the school district on or before the first day of September of each year. The State Superintendent shall make a second distribution of the remainder of the appropriation in accordance with subsection (e) of this section.
(e) After the first distribution pursuant to subsection (d) of this section is made and after the actual increase in net enrollment is available, the State Superintendent shall compute the total actual amount to be allocated to each school district for the year. The total actual amount to be allocated to each school district for the year is the actual increase in the school district's net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution to each school district in an amount determined so that the total amount distributed to the district for the year, in both the first and second distributions, equals the actual increase in net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution on or before the thirty-first day of December of each year:
Provided, That if the amount distributed to a school district during the first distribution is greater than the total amount to which a district is entitled to receive for the year, the district shall refund the difference to the Department of Education prior to the thirtieth day of June of the fiscal year in which the excess distribution is made.
(f) If the amount appropriated for this purpose shall of the appropriation for increased enrollment is 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.
(g) No provision of this section shall be construed to in any way 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 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.
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