COMMITTEE SUBSTITUTE
FOR
H. B. 2828
(By Delegates Prezioso, Proudfoot, Anderson, Haskins,
Williams
and Yeager)
(Originating in the House Committee on Finance)
[March 2, 1995]
A BILL to repeal section three-b, article nine-a, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections four, seven and eight-a of said article, all
relating to repealing expired language pertaining to the
total state basic foundation program and foundation
allowance for regional educational service agencies;
increasing the allowance for professional educators from
fifty-three and one-half to fifty-three and three-fourths;
eliminating language pertaining to additional buses for net
enrollment increases; increasing the allowance for regional
educational service agencies to sixty one-hundredths percent
from the previous year for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-five
only.
Be it enacted by the Legislature of West Virginia:
That section three-b, article nine-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; and that sections four, seven and eight-
a of said article be amended and reenacted, all to read as
follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4. Foundation allowance for professional educators.
The basic foundation allowance to the county for professional
educators shall be the amount of money required to pay the state
minimum salaries, in accordance with provisions of article four,
chapter eighteen-a of this code, to the personnel employed:
Provided, That in making this computation no county shall receive
an allowance for the personnel which number is in excess of
educators fifty-three and one-half three-fourths professional
educators to each one thousand students in adjusted enrollment:
Provided, however, That any county not qualifying under the
provision of section fourteen of this article is eligible for a
growth rate in professional personnel in any one year not to
exceed twenty percent of its total potential increase under this
provision, except that in no case shall the limit be fewer than
five professionals: Provided further, That the number of and the
allowance for personnel paid in part by state and county funds
shall be prorated: And provided further, That 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 that the personnel shall be considered within the
above-stated limit: And provided further, That in the school year
beginning the first day of July, one thousand nine hundred eighty-
eight, and in each school year thereafter, each county board shall
establish and maintain a minimum ratio of fifty professional
instructional personnel per one thousand students in adjusted
enrollment: And provided further, That no permanent substitute
shall be included in the minimum ratio for professional
instructional personnel. Permanent substitutes may be included
in the computation for professional educators. For the purposes
of this section, permanent substitute means a full-time employee
who performs the duties of a day-to-day substitute: And provided
further, That no county shall have less than a total of five
principals and central office administrators. Any county board
which does not establish and maintain this minimum ratio shall
suffer a pro rata reduction in the allowance for professional
educators under this section: And provided further, That no
county shall be penalized if it has increases in enrollment during
that school year: And provided further, That any county board which does not establish and maintain this minimum ratio shall
utilize any and all allocations to it by provision of section
fourteen of this article solely to employ professional
instructional personnel until the minimum ratio is attained.
Every county shall utilize methods other than reductions in force,
such as attrition and early retirement, before implementing their
reductions in force policy to comply with the limitations of this
section. It is the intent of the Legislature that in planning
reductions in force to comply with reduced ratios of professional
educators to students in adjusted enrollment, county boards shall
consider positions for elimination in the following order: (1)
Central office administrators, (2) assistant principals, and (3)
principals.
No county shall 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 the thirtieth day of June, one
thousand nine hundred ninety, and, therefore, county boards shall
whenever possible utilize classroom teachers for curriculum
administrative positions through the use of modified or extended
contracts: Provided, That the governor shall submit a
recommendation to the Legislature at the beginning of the regular
session thereof in the year one thousand nine hundred ninety-one, which proposes a method for establishing a responsible level of
administrative support for each county school system and a pay
scale differentiation on a daily rate between classroom positions
and administrative positions when all other factors are equal.
§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 percent of the transportation cost within each
county for maintenance, operation and related costs, exclusive of
all salaries: Provided, That for the school year beginning the
first day of July, one thousand nine hundred ninety-four, and
thereafter, in the event a county 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, then
the allowance in the foundation school program for each such
county for that portion of its school bus system shall be ninety
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: Provided further, That the state board shall distribute the additional
allowance to qualifying counties only until such time as the state
board has distributed in the then current fiscal year one hundred
thousand dollars of transportation allowance, in the statewide
aggregate, above the eighty percent to qualifying counties, after
which the additional ten percent shall no longer be available to
any county;
(2) The total cost, within each county, of insurance premiums
on buses, buildings and equipment used in transportation:
Provided, That such premiums were procured through competitive
bidding;
(3) For the school year beginning the first day of July, one
thousand nine hundred eighty-nine, and thereafter, an amount equal
to ten percent of the current replacement value of the bus fleet
within each county as determined by the state board, such amount
to be used only 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. Furthermore, large, sparsely populated counties
may also apply to the state superintendent for funding for
additional mini-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 or, in the case of a large, sparsely
populated county, the population of the county: Provided, 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;
(4) Eighty percent of the cost of contracted transportation
services and public utility transportation with each county;
(5) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving such aid within each
county; and
(6) Ninety percent of the total cost of transportation
operations and related expenses, excluding salaries and
maintenance 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 and shall be distributed in accordance with
rules to be promulgated by the state board: Provided, That no
county shall receive an allowance which is greater than one third
above the computed state average allowance per mile multiplied by
the total mileage in the county.
§18-9A-8a. Foundation allowance for regional educational service
agencies.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety-one, and for each fiscal year
thereafter, the foundation allowance for regional educational
service agencies shall be equal to sixty-three one-hundredths
percent of the allocation for professional educators as determined
in section four of this article: Provided, That for the fiscal
year beginning on the first day of July, one thousand nine hundred
ninety-four ninety-five only, the foundation allowance for
regional educational service agencies shall be at least equal to
fifty-five sixty one-hundredths percent of the allocation for
professional educators as determined in section four of this
article. The allowance shall be distributed to the regional
educational service agencies in accordance with rules adopted by
the state board. The allowance for regional educational service
agencies shall be excluded from the computation of total basic
state aid as provided for in section twelve of this article.