Introduced Version
Senate Bill 562 History
| Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 562
(By Senators D. Hall, Chafin, Green, Miller, Tucker, Fitzsimmons
and Stollings)
____________
[Introduced March 18, 2013; referred to the Committee on
Education; and then to the Committee on Finance .]
____________
A BILL to amend and reenact §18-5-18a of the Code of West Virginia,
1931, as amended, relating to limiting the student-to-teacher
ratio in preschool through twelfth grades and adding
additional pay to aides in classrooms over the maximum class
size.
Be it enacted by the Legislature of West Virginia:
That §18-5-18a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18a. Maximum teacher-pupil ratio.
County boards of education shall provide, by the school year
1983-84, and thereafter, sufficient personnel, equipment and
facilities as will ensure that each preschool, kindergarten, first and second grade classroom, or classrooms having two or more grades
that include either the first or second grades shall not have more
than twenty-five twenty pupils for each teacher of the grade or
grades and shall not have more than twenty pupils for each
kindergarten teacher per session unless the state superintendent
has excepted a specific classroom upon application therefor by a
county board.
County boards shall provide by the school year 1984-85, and
continue thereafter, sufficient personnel, equipment and facilities
as will ensure that each third, fourth, fifth and sixth grade
classroom, or all other classrooms having two or more grades that
include one or more of the third, fourth, fifth and sixth grades,
shall not have more than twenty-five pupils. for each teacher of
the grade or grades
Beginning with the school year 1986-87, and thereafter, no
county shall maintain a greater number of classrooms having two or
more grades that include one or more of the grade levels referred
to in this section than were in existence in said county as of
January 1, 1983: Provided, That for the prior school years, and
only if there is insufficient classroom space available in the
school or county, a county may maintain one hundred ten percent of
such number of classrooms.
During the school year 1984-85, and thereafter, The state
superintendent is authorized, consistent with sound educational policy, (a) to permit on a statewide basis, in grades four through
six, more than twenty-five pupils per teacher in a classroom for
the purposes of instruction in physical education, and (b) to
permit more than twenty pupils per teacher in a specific preschool,
kindergarten, first or second grade classroom and twenty-five
pupils per teacher in a specific classroom in grades one three
through six twelve during a school year in the event of
extraordinary circumstances as determined by the state
superintendent after application by a county board of education.
The state board shall establish guidelines for the exceptions
authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils
above the pupil-teacher ratio as set forth in this section.
The requirement for approval of an exception to exceed the
twenty pupils per preschool, kindergarten first or second grade
teacher per session limit or the twenty-five pupils per teacher
limit in grades one three through six twelve is waived in schools
where the schoolwide pupil-teacher ratio is twenty-five or less in
grades one three through six twelve: Provided, That a teacher
shall not have more than three pupils above the teacher/pupil ratio
as set forth in this section. Any kindergarten teacher or aide who
has more than twenty the maximum number of pupils per session and
any classroom teacher of grades one through six who has more than
twenty-five pupils shall be paid additional compensation based on the affected classroom teacher's or aide's average daily salary
divided by twenty for preschool, kindergarten, first or second
grade teachers classroom employees or twenty-five for teachers
classroom employees of grades one three through six twelve for
every day times the number of additional pupils enrolled up to the
maximum pupils permitted in the teacher's classroom. All such
additional compensation shall be paid from county funds
exclusively.
Notwithstanding any other provision of this section to the
contrary, commencing with the school year beginning on July 1,
1994, a teacher in grades one, two or three or classrooms having
two or more such grade levels, shall not have more than two pupils
above the teacher/pupil ratio as set forth in this section:
Provided, That commencing with the school year beginning on July 1,
1995, such teacher shall not have more than one pupil above the
teacher/pupil ratio as set forth in this section: Provided,
however, That commencing with the school year beginning on July 1,
1996, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section.
No provision of this section is intended to limit the number
of pupils per teacher in a classroom for the purpose of instruction
in choral, band or orchestra music. This statute applies to
physical education, health, art, general music and media classes.
Each school principal shall assign students equitably among the classroom teachers, taking into consideration reasonable
differences due to subject areas and/or grade levels.
The state board shall collect from each county board of
education information on class size and the number of pupils per
teacher for all classes in grades seven through twelve. The state
board shall report such information to the Legislative Oversight
commission on education accountability before January 1, of each
year.
NOTE: The purpose of this bill is to decrease the
student-to-teacher ratio in preschool through twelfth grades and to
provide additional pay to aides employed in classrooms with student
ratios over the maximum allowed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.