COMMITTEE SUBSTITUTE
FOR
H. B. 2114
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
SPONSOR[By Request of the Executive]
(Originating in the Committee on Education)
[February 14, 2003]
A BILL to amend and reenact section thirteen-b, article nine-a,
chapter eighteenBill Title of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to establishing
a reserve allowance for strategic educational enhancements;
making legislative findings and providing legislative intent;
providing for disposition in line item of certain funding
amounts resulting from decreases in net and adjusted
enrollments; providing for governor to make recommendations
for appropriations of amount in line item for certain
purposes; requiring allocations of amount in line item for
certain purposes subject to appropriation; providing for
amount of appropriated allocations; and specifying line item
is additional allowance under basic foundation program subject
to appropriation for public school purposes. Title Language
Be it enacted by the Legislature of West Virginia:
That Enacting Sectionsection thirteen-b, article nine-a, chapter eighteenBill Title of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-13b. Reserve allowance for strategic educational
enhancements.
Commencing with the school year beginning on the first day of
July, two thousand, funds which accrue from allocations due to
decreases in net and adjusted enrollment from the preceding school
year shall be deposited in a special revenue fund which is hereby
created in the state treasury, designated the "legislative reserve
fund". The fund shall be an interest bearing account and shall be
appropriated by the Legislature.
(a) The Legislature finds that decreases in student enrollment
in the public schools result in decreased economies of scale and a
resulting higher per student cost of education. Furthermore, the
Legislature finds that the heightened demand for accountability for
student, school and school system performance will require
continued improvements in system efficiency, productivity, capacity
and quality to achieve the results expected. Therefore, the intent
of this section is to retain within the budgetary accounts for
public education for appropriation by the Legislature all proposed
expenditures of the general revenue funds that become available due
to a decline in student enrollment in the current school year and
are therefore not needed in the succeeding school year for
appropriation for the total state basic foundation program as
determined by the statutes then in effect.
(b) Whenever there is a reduction in the amount of funds
required to be appropriated for the basic foundation program
pursuant to this article for the next fiscal year as a result of
decreases in the net and adjusted enrollments from the net and
adjusted enrollments of the preceding school year
, the difference
in the amount of funds required to be appropriated which is
attributable to the decreases in the net and adjusted enrollments
shall be placed in the line item in the budget account of the state
department of education which shall be designated "Reserve
allowance for strategic educational enhancement
s" and shall be
subject to appropriation by the Legislature.
(c) Commencing with the regular session of the Legislature,
two thousand four, and each regular session thereafter, the
governor may submit as a part of his or her plan of expenditures
for the next fiscal year, recommendations for appropriation of the
amount placed in the reserve allowance for strategic educational
enhancement
s
to effect continued improvements in the efficiency,
productivity, capacity and quality
of the education system to meet
or exceed the standards for student, school and school system
performance and progress.
(d) Commencing with the fiscal year beginning on the first day
of July, two thousand four, and thereafter, the amount placed in
the reserve allowance for strategic educational enhancement
s
shall,
subject to appropriation by the Legislature, be allocated for
continued improvements in the efficiency, productivity, capacity and quality
of the education system to meet or exceed the standards
for student, school and school system performance. The
appropriated allocations shall be equal to the reduction in the
amount of funds required to be appropriated for the basic
foundation program pursuant to this article as a result of
decreases in the net and adjusted enrollments from the net and
adjusted enrollments of the preceding school year. The reserve
allowance for strategic educational enhancement
s
is an additional
allowance under the basic foundation program which is subject to
legislative appropriation for public school purposes.
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