COMMITTEE SUBSTITUTE
FOR
H. B. 4588
(By Delegates Perry, Browning, Poling, Shaver, Wysong, Duke,
Romine, Williams and Ellis)
(Originating in the Committee on Finance)
[February 22, 2008]
A BILL to repeal §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22 of
the Code of West Virginia, 1931, as amended; to amend and
reenact §18-1-1 of said code; to amend and reenact §18-9A-2,
§18-9A-3a, §18-9A-4, §18-9A-5, §18-9A-6, §18-9A-7, §18-9A-8,
§18-9A-9, §18-9A-10 and §18-9A-21 of said code; and to amend
and reenact §18-20-5 of said code all relating to public
school support; defining terms; eliminating adjusted
enrollment and certain waiver provisions; eliminating obsolete
provisions; providing alternate computation of county and
total basic foundation program funding for certain years;
limiting basis of foundation allowances for personnel to
ceratin ratios of net student enrollment instead of adjusted
enrollment; establishing different net enrollment limits on
the basis of differences in students per square mile and
expiring existing ratios and funding provisions; providing for
certain adjustments to net enrollment for allowances in low enrollment counties; establishing minimum ratios of
professional instructional personnel per students in net
enrollment; establishing student density categories for
determining allowance for transportation; modifying incentive
for alternative fuel use and allowance for transporting
students to certain multi-county centers; removing obsolete
provisions for certain competitive bidding; deleting allowance
for administrative costs; providing foundation allowance for
professional student support personnel, including fixed
charges; revising calculation of allowance for current
expense; including professional student support personnel
costs in determining professional substitute allowance;
placing funding supplement for advanced placement and dual
credit enrollment in allowance to improve instructional
programs; repealing provisions for certain additional nursing
positions; providing enrollment basis for alternative program
funding and adding prevention programs; expiring certain
provisions for funding for economies of scale in certain
counties; requiring annual review and report by state
superintendent on exceptional student services and accounting
of services and costs; and authorizing appropriation for
distribution upon application to support exceptional student
services that exceed county capacity from funds available.
Be it enacted by the Legislature of West Virginia:
That §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22 of the
Code of West Virginia, 1931, as amended, be repealed; that
§18-1-1
of said code be amended and reenacted; that §18-9A-2, §18-9A-3a,
§18-9A-4, §18-9A-5, §18-9A-6, §18-9A-7, §18-9A-8, §18-9A-9,
§18-9A-10 and §18-9A-21 of said code be amended and reenacted; and
that §18-20-5 of said code be amended and reenacted, all to read
as follows:
CHAPTER 18. EDUCATION.
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 have the meanings ascribed to them
unless the context clearly indicates a different meaning:
(a) "School" means the students and 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 a county board of
education;
(e) "State superintendent" means the State Superintendent of
Free Schools;
(f) "County superintendent" or "superintendent" means a county
superintendent of schools;
(g) "Teacher" means a 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, who
has a baccalaureate degree; or any other person regularly employed
for instructional purposes in a public school in this state;
(h) "Service person" or "service personnel," whether singular
or plural, means any non-teaching school employee who is not
included in the meaning of "teacher" as defined in this section,
and who serves the school or schools as a whole, in a
nonprofessional capacity, including such areas as secretarial,
custodial, maintenance, transportation, school lunch and aides.
Any reference to "service employee" or "service employees" in this
chapter or chapter eighteen-a of this code means service person or
service personnel as defined in this section;
(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 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) (o) "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:
(a) "State board" means the West Virginia Board of Education.
(b) "County board" or "board" means a county board of
education.
(c) "Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article four,
chapter eighteen-a of this code.
(d) "Professional educator" shall be synonymous with and shall
have the same meaning as "teacher" as defined in section one,
article one of this chapter.
(e) "Professional instructional personnel" means a
professional educator whose regular duty is as that of a classroom
teacher, librarian,
counselor, attendance director
, or school
psychologist
or school nurse with a bachelor's 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 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,
or psychologist
or nursing duties.
(f) "Professional student support personnel" means a
"professional person" or an "other professional employee" as those terms are defined in section one, article one, chapter eighteen-a
of this code who is assigned and serves on a regular full-time
basis as a counselor, a school nurse with a bachelor's degree and
who is licensed by the West Virginia Board of Examiners for
Registered Professional Nurses, or a technology systems specialist.
(f) (g) "Service personnel salaries" means the state legally
mandated salaries for service personnel as provided in section
eight-a, article four, chapter eighteen-a of this code.
(g) (h) "Service personnel" means all personnel as provided 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
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 service 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 calculated
as one-half an employment day.
(h) (i) "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.
Commencing with the school year beginning on the first day of July,
one thousand nine hundred eighty-eight, Net enrollment further
shall include
:
(1) Adults enrolled in regular secondary vocational programs
existing as of the effective date of this section, subject to the
following:
(1) (A) Net enrollment includes no more than one thousand of
those 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
(2) (B) Net enrollment does not include any adult charged
tuition or special fees beyond that required of the regular
secondary vocational student;
(2) Students enrolled in early childhood education programs as
provided in section forty-four, article five of this chapter,
counted on the basis of full-time equivalency;
(3) 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;
(4) The enrollment shall be modified to the equivalent of the
instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) For any county whose net enrollment as determined under
all other provisions of this definition is less than one thousand
four hundred, the net enrollment of the county shall be increased by the product of the following calculation:
(A) The difference between one thousand four hundred and the
net enrollment of the county as determined by all of the other
provisions of this definition multiplied by the reciprocal of the
county's student population density per square mile as a percent of
the state average; and
(B) The result for the county under paragraph (A) of this
subdivision multiplied by one half for counties with five or more
students in net enrollment per square mile in the county, or
multiplied by three fourths for counties with two or more but less
than five students in net enrollment per square mile in the county,
or multiplied by one for counties with less than two students in
net enrollment per square mile in the county.
(i) "Adjusted enrollment" means the net enrollment plus twice
the number of pupils enrolled for special education, including
gifted pupils in grades one through eight and exceptional gifted
pupils in grades nine through twelve, plus the number of pupils in
grades nine through twelve enrolled for honors and advanced
placement programs, subject to the following:
(1) 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;
(2) Nothing herein shall be construed to limit the number of
students who may actually enroll in gifted, exceptional gifted,
honors or advanced placement education programs in any county;
(3) No pupil may be counted more than three times for the
purpose of determining adjusted enrollment;
(4) The enrollment shall be adjusted to the equivalent of the
instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) 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.
(j) "Sparse-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is less than five;
(k) "Low-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than five but less than ten;
(l) "Medium-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than ten but less than twenty;
(m) "High-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than twenty;
(j) (n) "Levies for general current expense purposes" means
ninety-four 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:
Provided, That beginning the first day of July, two thousand eight,
"levies for general current expense purposes" means ninety 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:
Provided, however,
That effective the first day of July, two thousand ten, the
definitions set forth in this subsection are subject to the
provisions of section two-a of this article.
§18-9A-3a. Total state basic foundation program for fiscal years
2009 through 2011, only.
(a) Notwithstanding any other provisions of this article to
the contrary, the total basic foundation program for the state for
the fiscal
year one thousand nine hundred ninety-four--ninety-five
years two thousand nine through two thousand eleven shall be the
sum of the amounts computed
for each county in accordance with this
section, less the county's local share:
(1)
For the fiscal year two thousand nine, the department of
education shall compute the total basic foundation program for each
county in accordance with the provisions of this article and in
accordance with the provisions of this article in effect for fiscal
year two thousand eight. The total basic foundation program for
each county computed in accordance with this article is limited to
a growth of one third above the amount computed for the county in
accordance with the provisions in effect for fiscal year two
thousand eight. The total basic foundation program for the county
is the greater of the two computations.
(2) For the fiscal year two thousand ten, the department of
education shall compute the total basic foundation program for each
county in accordance with the provisions of this article and in
accordance with the provisions of this article in effect for fiscal
year two thousand eight. The total basic foundation program for
each county computed in accordance with this article is limited to
a growth of two thirds above the amount computed for the county in
accordance with the provisions in effect for fiscal year two thousand eight. The total basic foundation program for the county
is the greater of the two computations.
(3) For the fiscal year two thousand eleven, the department of
education shall compute the total basic foundation program for each
county in accordance with the provisions of this article and in
accordance with the provisions of this article in effect for fiscal
year two thousand eight. The total basic foundation program for
the county is the greater of the two computations.
Allowance for professional educators as determined in
accordance with sections four and five-a of this article;
(2) Allowance for service personnel as determined in
accordance with sections five and five-a of this article;
(3) Allowance for fixed charges as determined in accordance
with the provisions of sections six and six-a of this article;
(4) Allowance for transportation cost in an amount at least
equal to the appropriation for such allowance in the fiscal year
one thousand nine hundred ninety-three--ninety-four;
(5) Allowance for administrative cost in accordance with the
provisions of sections eight and eight-a of this article;
(6) Allowance for other current expense and substitute
employees in an amount at least equal to the appropriation for such
allowance in the fiscal year one thousand nine hundred ninety-
three--ninety-four: Provided, That the allocation of such funds
for expenditure by faculty senates shall be in accordance with the provisions of section nine of this article;
(7) Allowance to improve instructional programs in an amount
at least equal to the appropriation for such allowance in the
fiscal year one thousand nine hundred ninety-three--ninety-four.
§18-9A-4. Foundation allowance for professional educators.
(a) 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
, subject to the following:
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
professional educators to each one thousand students in adjusted
enrollment;
(1) In making this computation no county shall receive an
allowance for the personnel which number is in excess of
professional educators to each one thousand students in net
enrollment as follows:
(A) For each high-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
seventy-two and five one hundredths professional educators per each
one thousand students in net enrollment;
(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed seventy-two and two tenths professional educators per each one
thousand students in net enrollment;
(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed
seventy-two and thirty-five one hundredths professional educators
per each one thousand students in net enrollment; and
(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
seventy-two and five tenths professional educators per each one
thousand students in net enrollment;
Provided, however, That any county not qualifying under the
provisions 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
(2) The number of and the allowance for personnel paid in part
by state and county funds shall be prorated
; and And provided
further, That
(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
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,
(b) Each county board shall establish and maintain a minimum
ratio of
fifty professional instructional personnel per one
thousand students in
adjusted net enrollment
as follows:
(1) For each high-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and seventy-five one hundredths;
(2) For each medium-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and eighty-five one hundredths;
(3) For each low-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-five and ninety-five one hundredths; and
(4) For each sparse-density county, the minimum number of
professional instructional personnel per one thousand students in
net enrollment is sixty-six. 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.
(c) Any county board which does not establish and maintain
this 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:
And provided further,
Provided, That no county shall be penalized if it has increases in
enrollment during that school year
: Provided, however, That for the
school year two thousand eight - two thousand nine, only, no county
shall be penalized for not meeting the applicable minimum ratio
required in subsection (b) of this section.
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.
(d) 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-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:
Provided, That no county shall
receive an allowance for an amount in excess of thirty-four service
personnel per one thousand students in adjusted enrollment:
Provided, however, That the state superintendent of schools is
authorized in accordance with rules and regulations established by
the state board and upon request of a county superintendent to waive the maximum ratio of thirty-four service personnel per one
thousand students in adjusted enrollment and the twenty percent per
year growth cap provided in this section, to the extent
appropriations are provided, in those cases where the state
superintendent determines that student population density and miles
of bus route driven or the transportation of students to a county
or a multi-county vocational-technical center justify the waiver,
except that no waiver shall be granted to any county whose
financial statement shows a net balance in general current expense
funds greater than three percent at the end of the previous fiscal
year: Provided further, That on or before the first day of each
regular session of the Legislature, the state board, through the
state superintendent, shall make to the Legislature a full report
concerning the number of waivers granted and the fiscal impact
related thereto. Every county shall utilize methods other than
reduction in force, such as attrition and early retirement, before
implementing their reductions in force policy to comply with the
limitations of this section.
For any county which has in excess of thirty-four service
personnel per one thousand students in adjusted enrollment, the
allowance shall be computed based upon the average state minimum
pay scale salary of all service personnel in the county: Provided,
That for any county having fewer than thirty-four service personnel
per one thousand students in adjusted enrollment, in any one year, the number of service personnel used in making this computation may
be increased the succeeding years by no more than twenty percent
per year of its total potential increase under this provision,
except that in no case shall the limit be fewer than two service
personnel until the county attains the maximum ratio set forth:
Provided, however, That
(1) For the school year beginning on the first day of July,
two thousand eight, and thereafter, no county shall receive an
allowance for an amount in excess of service personnel per one
thousand students in net enrollment, as follows:
(A) For each high-density county, the number of personnel for
which a county shall receive the allowance shall not exceed forty-
three and ninety-seven one hundredths service personnel per one
thousand students in net enrollment;
(B) For each medium-density county, the number of personnel
for which a county shall receive the allowance shall not exceed
forty-four and fifty-three one hundredths service personnel per one
thousand students in net enrollment;
(C) For each low-density county, the number of personnel for
which a county shall receive the allowance shall not exceed forty-
five and one tenth service personnel per one thousand students in
net enrollment; and
(D) For each sparse-density county, the number of personnel
for which a county shall receive the allowance shall not exceed forty-five and sixty-eight one hundredths service personnel per one
thousand students in net enrollment: and
(2) 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-6. Foundation allowance for fixed charges.
The total allowance for fixed charges shall be the sum of the
following:
(1) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections
four and five above four, five and eight of
this article, multiplied by the current social security rate of
contribution; plus
(2) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections
four and five above four, five and eight of
this article, multiplied by four hundredths of one percent as an
allowance for unemployment compensation contribution; plus
(3) The sum of the foundation allowance for professional
educators and the foundation allowance for other personnel, as
determined in sections
four and five above four, five and eight of this article, multiplied by the rate which is derived by dividing
the total estimated contributions for workers' compensation for all
county boards by the sum of the foundation allowance for
professional educators and other personnel, as determined in
sections
four and five above four, five and eight of this article.
The total estimated contribution for workers compensation is
determined by multiplying each county board's allowance for
professional educators and other personnel, as determined by
sections
four and five above four, five and eight of this article,
by the county's actual contribution rate by using data of the most
recent year for which it is available; plus
(4) The teachers retirement fund allowance as determined in
section six-a of this article.
18-9A-7. Foundation allowance for transportation cost.
(a) 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
(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 multi-
county 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 an alternative fuel such as compressed natural gas or
other acceptable alternative fuel
, the percentage provided in
paragraphs (A) through (D) of this subdivision as applicable for
the county plus an additional ten percent: 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
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;
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 replacement value of eight and one-third percent 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;
and
(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) (4) 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.
(b) 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
exclusive of the allowance for the purchase additional buses.
Provided, however, That
(c) 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-8. Foundation allowance for professional student support
services.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety, the allowance for administrative cost shall be equal to one and twenty-five one-hundredths percent of the
allocation for professional educators, as determined in section
four of this article as of the first day of July, one thousand nine
hundred ninety.
Distribution of the computed allowance for the fiscal year
beginning on the first day of July, one thousand nine hundred
ninety, shall be made as follows:
(1) Fifty-six percent of the allowance shall be distributed to
the counties in equal amounts; and
(2) Forty-four percent of 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.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety-one, and for each fiscal year
thereafter, the allowance for administrative cost shall be equal to
one hundred fifty dollars multiplied by the number of professional
educators authorized in compliance with sections four and five-a of
this article. The allowance shall be distributed to the counties
in equal amounts.
(a) The basic foundation allowance to the county for
professional student support personnel 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 in the following enumerated positions and
subject to the following limitations:
(1) For school nurse, no county shall receive an allowance for
the personnel which number is in excess of one nurse to each one
thousand five hundred students in net enrollment;
(2) For counselor, no county shall receive an allowance for
the personnel which number is in excess of one counselor to each
three hundred fifty students in net enrollment; and
(3) For technology systems specialist, no county shall receive
an allowance for the personnel which number is in excess of one
technology systems specialist to each two thousand five hundred
students in net enrollment.
(b) Any county not qualifying under the provisions of
subsection (a) of this section for the maximum allowance for
personnel is eligible for a growth rate in professional personnel
in any one year not to exceed twenty-five percent of its total
potential increase in personnel to achieve the maximum under
subsection (a), except that in no case shall the limit be fewer
than five professionals.
§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 each
county shall receive ninety percent of the product of the state
average expenditure per square foot per student for operations and
maintenance of the counties, exclusive of all salaries, multiplied
by the county's 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 and other
professional personnel as determined in sections four and eight of
this article. Distribution to the counties shall be made
proportional to the number of professional educators
and other
professional personnel authorized for the county in compliance with
sections four and
five-a 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 shall be made proportional to the
number of service personnel authorized for the county in compliance
with
sections section 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.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) The total allowance to improve instructional programs shall be 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
fifteen 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 distributed to the
counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to
each county;
(B) 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 the county and school electronic strategic improvement plans
required by section five, article two-e of this chapter and
approved 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.
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.
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 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 21st Century Strategic Technology Learning Plan. 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 county boards of the distribution
of the allocation. The funds shall be distributed 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:
Provided, 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 plan shall be
made available for distribution to the public at the office of each
affected county board; plus
(2) For the purposes of the West Virginia 21st Century
Strategic Technology Learning Plan provided for in section seven,
article two-e of this chapter, an amount equal to fifteen 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 provided in
section seven, article two-e of this chapter to meet the objectives
of the West Virginia 21st Century 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
(3) (4) 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.
(b) 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 of this chapter 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-21. Funding for alternative education programs.
(a) An appropriation may be made to the state department to
be distributed to county boards for the operation of alternative
education
and prevention programs established in accordance with policies and procedures adopted by the state board under section
six, article two of this chapter.
The appropriation shall be an
amount equal to twenty-four dollars per student in net enrollment,
subject to appropriation by the Legislature. The state board shall
distribute ninety-seven percent of the total appropriation to the
county boards proportionate to each county's net enrollment. The
remaining three percent of the appropriation shall be retained by
the state department to support the provision of services to the
county boards in administering programs established in accordance
with policies and procedures adopted by the state board under
section six, article two of this chapter: Provided, That nothing
in this section shall be construed to require any specific level of
funding by the Legislature.
Provided, however, That ninety percent
of any appropriation which may be made for the purposes set forth
in this section shall be distributed to county boards on the basis
of net enrollment and ten percent of this appropriation shall be
distributed on a competitive basis to county boards for the
operation of pilot or innovative alternative education programs:
Provided further, That for the fiscal year beginning the first day
of July, two thousand, the total appropriation which may be made
for the purposes set forth in this section shall be distributed to
the county boards on the basis of net enrollment.
(b) Each county board shall apply to the state superintendent for
receipt of its share of the distribution in the manner set forth by the state superintendent which is consistent with the policies and
procedures adopted by the state board for the establishment and
maintenance of alternative education programs.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-5. Powers and duties of state superintendent.
(a) The state superintendent of schools shall organize,
promote, administer and be responsible for:
(1) Stimulating and assisting county boards of education in
establishing, organizing and maintaining special schools, classes,
regular class programs, home-teaching and visiting-teacher
services.
(2) Cooperating with all other public and private agencies
engaged in relieving, caring for, curing, educating and
rehabilitating exceptional children, and in helping coordinate the
services of such agencies.
(3)
(A) Preparing the necessary rules, policies, formula for
distribution of available appropriated funds, reporting forms and
procedures necessary to define minimum standards in providing
suitable facilities for education of exceptional children and
ensuring the employment, certification and approval of qualified
teachers and therapists subject to approval by the state board of
education:
Provided, That no state rule, policy or standard under
this article or any county board rule, policy or standard governing
special education may exceed the requirements of federal law or regulation.
(B) The state superintendent shall
conduct a comprehensive
review and comparison of annually review the rules, policies and
standards of the state
with and federal law
and report the findings
for serving the needs of exceptional children enrolled in the
public schools and shall report to the legislative oversight
commission on education accountability
at its February by the first
day of December or as soon thereafter as requested by the
commission, two thousand
five eight, and in each year thereafter,
interim meeting or as soon thereafter as requested by the
commission the findings of the review along with an accounting of
the services provided and the costs thereof for exceptional
children enrolled in the public schools of this state during the
latest available school year. An appropriation may be made to the
department of education to be distributed to county boards to
support exceptional children service needs that exceed the capacity
of county to provide with funds available. Each county board shall
apply to the state superintendent for receipt of this funding in a
manner set forth by the state superintendent that assesses and
takes into account varying acuity levels of the exceptional
students.
(4) Receiving from county boards of education their
applications, annual reports and claims for reimbursement from such
moneys as are appropriated by the Legislature, auditing such claims and preparing vouchers to reimburse said counties the amounts
reimbursable to them.
(5) Assuring that all exceptional children in the state,
including children in mental health facilities, residential
institutions, private schools and correctional facilities as
provided in section thirteen-f, article two of this chapter receive
an education in accordance with state and federal laws:
Provided,
That the state superintendent shall also assure that adults in
correctional facilities and regional jails receive an education to
the extent funds are provided therefor.
(6) Performing other duties and assuming other
responsibilities in connection with this program as needed.
(7) Receive the county plan for integrated classroom submitted
by the county boards of education and submit a state plan, approved
by the state board of education, to the legislative oversight
commission on education accountability no later than the first day
of December, one thousand nine hundred ninety-five.
(b) Nothing contained in this section shall be construed to
prevent any county board of education from establishing and
maintaining special schools, classes, regular class programs,
home-teaching or visiting-teacher services out of funds available
from local revenue.