H. B. 2970
(By Delegates Williams, Hartman, Crosier, Tabb,
Renner, Sumner and WakimSPONSOR)
(Originating in the Committee on Education)
[February 11, 2003]
A BILL to amend and reenact sections five-a, five-b and six-b,
article nine-a, chapter eighteenBill Title of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, all relating
to Title Languageincreasing the ratios of professional and service personnel
to students in net enrollment; establishing the ratios for
school year beginning in two thousand four; commencing and
concluding allocation and appropriation over period of years;
providing legislative intent to examine efficiency of elements
of support program in funding to meet performance standards;
and providing for certain allocation and appropriation from
increase in local share for purpose of increasing ratios in
net enrollment.
Be it enacted by the Legislature of West Virginia:
That Enacting Sectionsections five-a, five-b and six-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, all to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-5a. Ratio of foundation allowances for professional
educators and service personnel to net enrollment.
(a) The purpose of this section is to establish maximum ratios
between the numbers of professional educators and service personnel
in the counties which are funded through the public school support
plan and the net enrollment in the counties, such ratios are in
addition to the ratios provided for in sections four and five of
this article. It is the intent of the Legislature to adjust these
ratios pursuant to legislative act as may be appropriate when
additional personnel are needed to perform additional duties.
(b) Commencing with the school year
one thousand nine hundred
eighty-nine--ninety beginning on the first day of July, two
thousand three, and each
school year thereafter, in computing the
basic foundation allowance to a county for professional educators
and the basic foundation allowance to a county for service
personnel under sections four and five of this article, a county
shall not receive an allowance for such personnel which number per
one thousand students in net enrollment is in excess of the number
of professional educators and the number of service personnel in
the county computed as follows:
Maximum professionalMaximum service
educators per 1000personnel per 1000
net enrollment thenet enrollment the
For thepreceding yearpreceding year
school
year
1998-99 74.0 43.5
Maximum service Maximum service
Personal per 1000 personnel per 1000
Maximum professional net enrollment the net enrollment the
For the
educators per 1000
preceding year for preceding year for
school year
net enrollment the
each high density
each low density
1999-2000
and thereafter
2003-2004
74.0
43.6
44.5
Maximum professional Maximum service
educators per 1000 personnel per 1000
net enrollment the net enrollment the
For the preceding year preceding year
school High density Low density High density Low density
year County County County County
2004-200574.1074.2543.7444.75
(c) 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.
§18-9A-5b. Foundation allowance for increasing professional and
service personnel positions.
Commencing with the school year beginning on the first day of
July, two thousand five four, two million five hundred thousand
dollars shall be appropriated for the purpose of increasing the
ratios of professional and service personnel per one thousand
students in net enrollment. For each of the eleven following
school years, an additional two million five hundred thousand
dollars shall be added to the appropriation for this purpose. The
increases in the ratios of professional and service personnel per
one thousand students in net enrollment shall be made in a manner
which reflects the greater need of counties with a low student
population density for additional personnel. It is the intent of
the Legislature to examine the efficiency of the various elements
of the total state basic foundation program in funding schools and
school systems to meet or exceed the standards for student, school
and school system performance and to make such adjustments as may
be necessary, if any.
§18-9A-6b. Allocation of growth of local share.
(a) Beginning with the first day of July, one thousand nine
hundred ninety-five, and thereafter, an appropriation and
allocation due to the increase in local share not to exceed seven
million dollars above that computed for the previous year, which
increase may be attributable to any increase in the tax rate as
enacted by the Legislature in accordance with the provisions of
subsection (b), section six-f, article eight, chapter eleven of
this code, shall be allocated to the state teachers retirement system, which appropriation and allocation shall be used to reduce
the amounts required by section six-a of this article or any other
retirement contributions as may be required to the state teachers
retirement system set forth in article seven-a of this chapter and
which shall be accumulated in the employers accumulation fund
created in section eighteen of said article seven-a.
(b) Beginning for the school year commencing on the first day
of July, two thousand four, and concluding after the school year
commencing on the first day of July, two thousand fifteen, two
million, five hundred thousand dollars of the increase in local
share above that computed for the previous year shall be allocated
and appropriated for the total state basic foundation program in
accordance with sections five-a and five-b of this article for the
purpose of increasing the ratios of professional and service
personnel to students in net enrollment.
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