HB2561
SFA TRUMP 4-5 #1
That §11-6A-5a of the Code of West Virginia, 1931, as
amended, be repealed; that §11-8-6f and §11-8-12 of said code be amended and reenacted; that §18-9A-2, §18-9A-4, §18-9A-5, §18-9A-6a, §18-9A-7, §18-9A-9, §18-9A-10 and §18-9A-11 of
said code be amended and reenacted; that said code be amended by adding thereto
a new section, designated §18-9A-25; that §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of said code be amended and reenacted; and
that said code be amended by adding thereto two new sections, designated §18-9D-4d and §18-9D-22, all to read as follows:
CHAPTER
11. TAXATION.
ARTICLE 8. LEVIES.
§11-8-6f. Regular school board levy rate; creation and implementation of
Growth County School Facilities Act; creation of Growth County School
Facilities Act Fund.
(a) Notwithstanding any other provision of law,
where any annual appraisal, triennial appraisal or general valuation of property
would produce a statewide aggregate assessment that would cause an increase of
two percent or more in the total property tax revenues that would be realized
were the then current regular levy rates of the county boards of education to
be imposed, the rate of levy for county boards of education shall be reduced
uniformly statewide and proportionately for all classes of property for the
forthcoming tax year so as to cause the rate of levy to produce no more than
one hundred two percent of the previous year’s projected statewide aggregate
property tax revenues from extending the county board of education levy rate,
unless subsection (b) of this section is complied with. The reduced rates of
levy shall be calculated in the following manner: (1) The total assessed value
of each class of property as it is defined by section five of this article for
the assessment period just concluded shall be reduced by deducting the total
assessed value of newly created properties not assessed in the previous year’s
tax book for each class of property; (2) the resulting net assessed value of
Class I property shall be multiplied by .01; the value of Class II by .02; and
the values of Classes III and IV, each by .04; (3) total the current year’s
property tax revenue resulting from regular levies for the boards of education
throughout this state and multiply the resulting sum by one hundred two
percent: Provided, That the one hundred two percent figure shall be increased
by the amount the boards of education’s increased levy provided for in
subsection (b), section eight, article one-c of this chapter; (4) divide the total regular
levy tax revenues, thus increased in subdivision (3) of this subsection, by the
total weighted net assessed value as calculated in subdivision (2) of this
subsection and multiply the resulting product by one hundred; the resulting
number is the Class I regular levy rate, stated as cents-per-one hundred dollars of assessed value; and (5) the Class II rate is
two times the Class I rate; Classes III and IV, four times the Class I rate as
calculated in the preceding subdivision.
An additional appraisal or valuation due to new
construction or improvements, including beginning recovery of natural
resources, to existing real property or newly acquired personal property shall
not be an annual appraisal or general valuation within the meaning of this
section, nor shall the assessed value of the improvements be included in
calculating the new tax levy for purposes of this section. Special levies shall
not be included in any calculations under this section.
(b) After conducting a public hearing, the
Legislature may, by act, increase the rate above the reduced rate required in
subsection (a) of this section if an increase is determined to be necessary.
(a) Notwithstanding any other provision of code
to the contrary, for the 2017 tax year and thereafter, the regular levy rates
for county boards of education shall be the sum of the levy rates set forth in
subdivisions (1), (2) and (3), section six-c of
this article for each class of property, which are: (1) For Class I property,
22.95 cents per $100; (2) for Class II property, 45.9 cents per $100; and (3)
for Class III and Class IV property, 91.8 cents per $100: Provided, That, annually, county boards of education may decrease
their regular levy rates to no lower than the following rates: (1) For Class I
property, 19.4 cents per $100; (2) for Class II property, 38.8 cents per $100;
and (3) for Class III and Class IV property, 77.6 cents per $100.
(c) (b) The State Tax Commissioner shall report to the Joint
Committee on Government and Finance and the Legislative Oversight Commission on
Education Accountability by March 1 of each year on the progress of assessors
in each county in assessing properties at the constitutionally required sixty
percent of market value and the effects of increasing the limit on the increase
in total property tax revenues set forth in this section to two percent.
(d) (c) Growth County School Facilities Act. — Legislative
findings. —
The Legislature finds and
declares that there has been, overall, a statewide decline in enrollment in the
public schools of this state; due to this decline, most public schools have
ample space for students, teachers and administrators; however, some counties
of this state have experienced significant increases in enrollment due to
significant growth in those counties; that those counties experiencing
significant increases do not have adequate facilities to accommodate students,
teachers and administrators. Therefore, the Legislature finds that county
boards of education in those high-growth counties should have the authority to designate revenues
generated from the application of the regular school board levy due to new
construction or improvements placed in a Growth County School Facilities Act
Fund be used for school facilities in those counties to promote the best
interests of this state’s students.
(1) For the purposes of
this subsection, “growth county” means any county that has experienced an
increase in second month net enrollment of fifty or more during any three of
the last five years, as determined by the State Department of Education.
(2) The provisions of this
subsection shall only apply to any growth county, as defined in subdivision (1)
of this subsection, that, by resolution of its county board of education,
chooses to use the provisions of this subsection.
(3) For any growth county,
as defined in subdivision (1) of this subsection, that adopts a resolution
choosing to use the provisions of this subsection, pursuant to subdivision (2)
of this subsection, assessed values resulting from additional appraisal or
valuation due to new construction or improvements to existing real property
shall be designated as new property values and identified by the county
assessor. The statewide regular school board levy
rate as established by the
Legislature shall be applied
to the assessed value designated as new property values and the resulting
property tax revenues collected from application of the regular school board
levy rate shall be placed in a separate account designated as the Growth County
School Facilities Act Fund. Revenues deposited in the Growth County School
Facilities Act Fund shall be appropriated by the county board of education for
construction, maintenance or repair of school facilities. Revenues in the fund
may be carried over for an indefinite length of time and may be used as
matching funds for the purpose of obtaining funds from the School Building
Authority or for the payment of bonded indebtedness incurred for school
facilities. For any growth county choosing to use the provisions of this
subsection, estimated school board revenues generated from application of the
regular school board levy rate to new property values are not to be considered
as local funds for purposes of the computation of local share under the
provisions of section eleven, article nine-a, chapter eighteen of this code.
(e) (d) This section,
as amended during the legislative session in the year 2004, shall be effective
as to any regular levy rate imposed for the county boards of education for
taxes due and payable on or after July 1, 2004. If any provision of this
section is held invalid, the invalidity shall not affect other provisions or
applications of this section which can be given effect without the invalid
provision or its application and to this end the provisions of this section are
declared to be severable.
§11-8-12. Levy estimate by board of education; certification and
publication.
(a) Each board of education
shall, at the session provided for in section nine of this article, if the
laying of a levy has been authorized by the voters of the district under
article nine, chapter eighteen of this code, ascertain the condition of the
fiscal affairs of the district, and make a statement setting forth:
(1) The amount due, and the
amount that will become due and collectible during the current fiscal year
except from the levy of taxes to be made for the year;
(2) The interest, sinking
fund and amortization requirements for the fiscal year of bonded indebtedness
legally incurred upon a vote of the people, as provided by law, by any school
district existing prior to May 22, 1933, before the adoption of the Tax
Limitation Amendment;
(3) Other contractual
indebtedness not bonded, legally incurred by any such school district existing
prior to May 22, 1933, before the adoption of the Tax Limitation Amendment,
owing by such district;
(4) The amount to be levied
for the permanent improvement fund;
(5) The total of all other
expenditures to be paid out of the receipts for the current fiscal year, with
proper allowance for delinquent taxes, exonerations and contingencies;
(6) The amount of such
total to be raised by the levy of taxes for the current fiscal year;
(7) The proposed rate of
levy in cents on each $100 assessed valuation of each class of property;
(8) The separate and
aggregate amounts of the assessed valuation of real, personal and public
utility property within each class.
(b) The secretary of the board
shall forward immediately a certified copy of the statement to the Auditor and
shall publish the statement immediately. The session shall then stand adjourned
until the third Tuesday in April, at which time it shall reconvene except where
otherwise permitted by section nine of this article: Provided, That no
provision of this section or section nine of this article may be construed to
abrogate any requirement imposed on the board of education by article nine-b, chapter eighteen of this
code.
(c) Notwithstanding any
other provision of code to the contrary, for the 2017 tax year only, at the
session that is reconvened on the third Tuesday in April, 2017, the county
board may change its proposed regular levy rates from the original proposed
levy rates that were included in the statement required by subsection (a) of
this section. All other requirements
pertaining to county boards of education establishing their regular levy rates
continue to apply including the requirement for the State Auditor to approve
the levy rate.
CHAPTER
18. EDUCATION.
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 is synonymous with and shall
have has the same meaning as “teacher” as defined in section one,
article one of this chapter and includes technology integration specialists.
(e)
“Professional instructional personnel” means a professional educator whose
regular duty is as that of a classroom teacher, librarian, attendance director
or school psychologist. 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,
attendance or psychologist duties.
(f)
“Professional student support personnel” means a “teacher” as defined in
section one, article one of this chapter who is assigned and serves on a
regular full-time
basis as a counselor or as a school nurse with a bachelor’s degree and who is
licensed by the West Virginia Board of Examiners for Registered Professional
Nurses. For all purposes except for the determination of the allowance for
professional educators pursuant to section four of this article, professional
student support personnel are professional educators.
(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.
(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 net enrollment, a service
employee shall be is 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 is
calculated as one-half an employment day.
(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. 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:
(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
(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 may 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
the purposes of determining the county’s basic foundation program only, 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 an amount to be determined in accordance with the
following:
(A)
Divide the state’s lowest county student population density by the county’s
actual student population density;
(B)
Multiply the amount derived from the calculation in paragraph (A) of this
subdivision by the difference between one thousand four hundred and the
county’s actual net enrollment;
(C) If
the increase in net enrollment as determined under this subdivision plus the
county’s net enrollment as determined under all other provisions of this
subsection is greater than one thousand four hundred, the increase in net
enrollment shall be reduced so that the total does not exceed one thousand four
hundred; and
(D)
During the 2008-2009 interim period and every three interim
periods thereafter, the Legislative Oversight Commission on Education
Accountability shall review this subdivision to determine whether or not these provisions
properly address the needs of counties with low enrollment and a sparse
population density
(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), subsection (i) of
this section, 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), subsection (i) of
this section, 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), subsection (i) of
this section, 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), subsection (i) of
this section, of the definition of “net enrollment”, to the square miles of the
county is equal to or greater than twenty.
(n) “Levies
Maximum levies for general current expense purposes” means ninety
percent of the maximum levy rate for county boards of education calculated
or set by the Legislature pursuant to section six-f, as
derived from the sum of the levy rates in subdivisions (1), (2) and (3),
section six-c, article eight, chapter eleven of this code for
each class of property.
(o)
“Technology integration specialist” means a professional educator who has
expertise in the technology field and is assigned as a resource teacher to
provide information and guidance to classroom teachers on the integration of
technology into the curriculum.
(p)
“State aid-eligible
personnel” means all professional educators and service personnel employed by a
county board in positions that are eligible to be funded under this article and
whose salaries are not funded by a specific funding source such as a federal or
state grant, donation, contribution or other specific funding source not
listed.
§18-9A-4. Foundation allowance for professional
educators.
(a) The
basic foundation allowance to the county for professional educators shall be
is 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:
(1) Subject
to subdivision (2) of this subsection, in In making this computation no
a county shall receive an allowance for the personnel which number is
in excess of professional educators state aid-eligible
professional educator positions 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 one tenth three tenths
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 twenty-five forty-five one hundredths
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 four six tenths
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 fifty-five seventy-five one
hundredths professional educators per each one thousand students in net
enrollment; and
(E) For
any professional educator positions, or fraction thereof, determined for a
county pursuant to paragraphs (A), (B), (C) and (D) of this subdivision that
exceed the number employed, the county’s allowance for these positions shall be
determined using the average state-funded salary of professional educators for the
county;
(2) For
the ratios applicable to each of the four density categories set forth in
subdivision (1) of this subsection, the number of professional educators per
each one thousand students in net enrollment increases by five one hundredths
per year for each of fiscal years 2010, 2011, 2012 and 2013. For each fiscal
year thereafter, the ratios remain at the 2013 level
(3) (2)
The number of and the allowance for personnel paid in part by state and county
funds shall be prorated; and
(4) (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 the personnel shall
be considered within the above-stated limit.
(b) Subject
to subsection (c) of this section each, Each county board shall
establish and maintain a minimum ratio of professional instructional personnel
per one thousand students in net enrollment state aid-funded
professional educators as follows:
(1) For
each high-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-five and
eight tenths
state aid-funded professional educators, or the number
employed, whichever is less, is ninety-one and twenty-nine one
hundredths percent;
(2) For
each medium-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-five and
nine tenths
state aid-funded professional educators, or the number
employed, whichever is less, is ninety-one and twenty-four one
hundredths percent;
(3) For
each low-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-six state
aid-funded
professional educators, or the number employed, whichever is less, is ninety-one and
eighteen one hundredths percent;
(4) For
each sparse-density
county, the minimum number ratio of professional instructional
personnel per one thousand students in net enrollment is sixty-six and
five one hundredths state aid-funded
professional educators, or the number employed, whichever is less, is ninety-one and
seven one hundredths percent; and
(5)
Where two or more counties join together in support of a vocational or
comprehensive high school or any other program or service, the professional
instructional personnel for the school or program may be prorated among the
participating counties on the basis of each one’s enrollment therein and the
personnel shall be considered within the above stated minimum ratios.
(c) For
the ratios applicable to each of the four density categories set forth in
subsection (b) of this subsection, the number of professional instructional
personnel per each one thousand students in net enrollment increases by five
one hundredths per year for each of fiscal years 2010, 2011, 2012 and 2013. For
each fiscal year thereafter, the ratios remain at the 2013 level
(d) (c)
Any county board which does not establish and maintain 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: Provided,
That no a county shall may not be penalized if it
has increases in enrollment during that school year: Provided, however,
That for the school year 2008-2009, only, no county shall 2017-2018,
only, a county may not be penalized for not meeting the applicable
minimum ratio required in subsection (b) of this section.
(e) No (d)
A county shall may not 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 June 30, 1990, and therefore, county boards shall whenever possible
utilize classroom teachers for curriculum administrative positions through the
use of modified or extended contracts.
(f) As
the number of professional educators per each one thousand students in net
enrollment increases during fiscal years 2009 through 2013, any additional
positions that are created as a result of that increase shall be positions that
will enhance student achievement and are consistent with the needs as
identified in each county board’s electronic county strategic improvement plan.
County boards are encouraged to fill at least some of the additional positions
with technology integration specialists.
(g)
During the 2008-2009 interim period, and every three interim
periods thereafter, the Legislative Oversight Commission on Education
Accountability shall review the four density categories created in section two
of this article, the ratios for professional educators established in this
section and the ratios for service personnel established in section five of
this article
§18-9A-5. Foundation allowance for service personnel.
The
basic foundation allowance to the county for service personnel shall be is
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:
(1) For
the school year beginning on July 1, 2008, and thereafter, no A
county shall receive an allowance for an amount in excess of state
aid-eligible service
personnel positions 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
(E) For
any service personnel positions, or fraction thereof, determined for a county
pursuant to this subdivision that exceed the number employed, the county’s
allowance for these positions shall be determined using the average state-funded
minimum salary of service personnel for the county;
(2) The
number of and the allowance for personnel paid in part by state and county
funds shall be prorated; and
(2) (3)
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-6a. Teachers Retirement Fund allowance;
unfunded liability allowance.
(a) The
total Teachers Retirement Fund allowance shall be is the sum of
the basic foundation allowance for professional educators, the basic
foundation allowance for professional student support personnel and the
basic foundation allowance for service personnel, as provided in sections four,
and five and eight of this article; all salary equity
appropriations authorized in section five, article four of chapter eighteen-a; and
such amounts as are to be paid by the counties pursuant to sections five-a and
five-b
of said article to the extent such county salary supplements are equal to the
amount distributed for salary equity among the counties, multiplied by fifteen
percent the average retirement contribution rate for each county board.
The average contribution rate for each county board is based on the required
employer contributions for state aid-eligible employees participating in the
retirement plans pursuant to articles seven-a and
seven-b
of this chapter.
(b) The
Teachers Retirement Fund allowance amounts provided for in subsection (a) of
this section shall be accumulated in the Employers Accumulation Fund of the
state Teachers Retirement System pursuant to section eighteen, article seven-a of
this chapter, and shall be in lieu of the contribution required of employers
pursuant to subsection (b) of said section as to all personnel included in the
allowance for state aid in accordance with sections four, and
five and eight of this article.
(c) In
addition to the Teachers Retirement Fund allowance provided for in subsection
(a) of this section, there shall be an allowance for the reduction of any
unfunded liability of the Teachers Retirement Fund in accordance with the
following provisions of this subsection. On or before December 31, of each
year, the actuary or actuarial firm employed in accordance with the provisions
of section four, article ten-d, chapter five of this code shall submit a
report to the President of the Senate and the Speaker of the House of Delegates
which sets forth an actuarial valuation of the Teachers Retirement Fund as of
the preceding the thirtieth day of June 30. Each annual report
shall recommend the actuary’s best estimate, at that time, of the funding
necessary to both eliminate the unfunded liability over a forty-year
period beginning on the first day of July, one thousand nine hundred ninety-four July 1,
1994, and to meet the cash flow requirements of the fund in fulfilling its
future anticipated obligations to its members. In determining the amount of
funding required, the actuary shall take into consideration all funding
otherwise available to the fund for that year from any source: Provided,
That the appropriation and allocation to the Teachers Retirement Fund made
pursuant to the provisions of section six-b of this article shall be included in the
determination of the requisite funding amount. In any year in which the actuary
determines that the Teachers Retirement Fund is not being funded in such a
manner, the allowance made for the unfunded liability for the next fiscal year
shall be not less than the amount of the actuary’s best estimate of the amount
necessary to conform to the funding requirements set forth in this subsection.
§18-9A-7. Foundation allowance for transportation
cost.
(a) The
allowance in the foundation school program for each county for transportation shall
be is the sum of the following computations:
(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 multicounty vocational center, the percentage provided in paragraphs (A)
through (D), inclusive, 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 as an
alternative fuel compressed natural gas or propane, the percentage provided in
paragraphs (A) through (D), inclusive, of this subdivision as applicable for
the county plus an additional ten percent: Provided, That for any county
receiving an additional ten percent for that portion of their bus system using
bio-diesel
as an alternative fuel during the school year 2012-2013,
bio-diesel
shall continue to qualify as an alternative fuel under this paragraph to the
extent that the additional percentage applicable to that portion of the bus
system using bio-diesel
shall be decreased by two and one-half percent per year for four consecutive
school years beginning in school year 2014-2015: 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;
(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. Provided,
That the amount for the school year beginning July 1, 2015, will be $15,000,000
and the amount for the school year beginning July 1, 2016, will be $18,000,000.
The amount shall only be used for the replacement of buses except as
provided in subdivision (4) of this subsection. Buses purchased after July
1, 1999 that are driven one hundred eighty thousand miles, regardless of year
model, will be are subject to the replacement value of eight and
one-third
percent as determined by the state board. 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, That the
superintendent shall may 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)
Notwithstanding the restriction on the use of funds for the replacement of
buses pursuant to subdivision (3) of this subsection, up to $200,000 of these
funds in any school year may be used by a county for school facility and
equipment repair, maintenance and improvement or replacement or other current
expense priorities if a request by the county superintendent listing the
amount, the intended use of the funds and the serviceability of the bus fleet
is approved by the state superintendent. Before approving the request, the
state superintendent shall verify the serviceability of the county’s bus fleet
based upon the state school bus inspection defect rate of the county over the
two prior years; and
(4) (5)
Aid in lieu of transportation equal to the state average amount per pupil for
each pupil receiving the aid within each county.
(b) The
total state share for this purpose is the sum of the county shares: Provided,
That no a county shall may not 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 of additional buses.
(c) One
half of one percent of the transportation allowance distributed to each county shall
be is for the purpose of trips related to academic classroom
curriculum and not related to any extracurricular activity. 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. 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-9. Foundation allowance for other current
expense and substitute employees and faculty senates.
The total allowance for other current
expense and substitute employees shall be is the sum of the
following:
(1) For current expense, ten percent of
the sum of the computed state allocation for professional educators,
professional student support personnel and service personnel as determined in
sections four, five and eight 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; plus
(1) For current expense:
(A) The nonsalary-related expenditures for operations and
maintenance, exclusive of expenditures reported in special revenue funds, for
the latest available school year, in each county, divided by the total square
footage of school buildings in each county is used to calculate a state average
expenditure per square foot for operations and maintenance;
(B) The total square footage of school
buildings in each county divided by each county’s net enrollment for school aid
purposes is used to calculate a state average square footage per student;
(C) Each county’s net enrollment for
school aid purposes multiplied by the state average expenditure per square foot
for operations and maintenance as calculated in paragraph (A) of this
subdivision and multiplied by the state average square footage per student as
calculated in paragraph (B) of this subdivision is that county’s state average
costs per square footage per student for operations and maintenance;
(D) Where two or more counties join
together in support of a vocational or comprehensive high school or any other
program or service, the allowance for current expense may be prorated among the
participating counties by adjusting the net enrollment for school aid purposes
utilized in the calculation by the number of students enrolled therein for each
county; and
(E) Each county’s allowance for current
expense is 70.25 percent of the county’s state average costs per square footage
per student for operations and maintenance amount as calculated in paragraph
(C) of this subdivision; plus
(2) For professional educator
substitutes or current expense, two and five-tenths
percent of the computed state allocation for professional educators and
professional student support personnel as determined in sections four and eight
of this article. Distribution to the counties shall be is made
proportional to the number of professional educators and professional student
support personnel authorized for the county in compliance with sections four and
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 is
made proportional to the number of service personnel authorized for the county
in compliance with said section; plus
(4) For academic materials, supplies
and equipment for use in instructional programs, $200 multiplied by the number
of professional instructional personnel and professional student support
personnel employed in the schools of the county. Distribution shall be is
made to each county for allocation to the faculty senate of each school in the
county on the basis of $200 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 are
made at the school level by the faculty senate in accordance with the
provisions of said section and shall may not be used to supplant
the current expense expenditures of the county. Beginning on September 1, 1994,
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 and instructional technology.
(a) The
total allowance to improve instructional programs shall be and
instructional technology is 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 ten percent of the portion of the
increase in the local share amount for the next school year that is due to
an increase in assessed values only 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 allocated to the counties as follows:
(A) One
hundred fifty thousand dollars shall be allocated to each county; and
(B) Distribution
Allocation 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 subdivision shall be used to improve
instructional programs according to the county and school 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 also
may be used in the implementation and maintenance of the uniform integrated
regional computer information system.
Up to twenty-five fifty
percent of this allocation for the improvement of instructional programs 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 the
county. Prior to the use of any funds from this subdivision for personnel
costs, the county board must receive authorization from the state
superintendent. 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 Education 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 Strategic Technology Learning Plan. County boards shall make
application for the use of funds for personnel for the next fiscal year by May 1
of each year. On or before June 1, the state superintendent shall review all
applications and notify applying county boards of the approval or disapproval
of the use of funds for personnel 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.
The
provisions relating to the use of any funds from this subdivision for personnel
costs are subject to the following: (1) The funds available for personnel under this subsection
subdivision may not be used to increase the total number of professional
noninstructional personnel in the central office beyond four. and (2) For the school year beginning July
1, 2013, and thereafter, any funds available to a county for use for personnel
under this subsection above the amount available for the 2012-2013
school year, only may be used for technology systems specialists until the
state superintendent determines that the county has sufficient technology
systems specialists to serve the needs of the county.
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 improving instructional technology, an amount equal to twenty
percent of the portion of the increase in the local share amount for the
next school year that is due to an increase in assessed values only
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
allocated to the counties as follows:
(A)
Thirty thousand dollars shall be allocated to each county; and
(B) Distribution
Allocation 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.
Effective
July 1, 2014,
Moneys allocated by provision of this subdivision shall be used to
improve instructional technology programs according to the county and school
strategic improvement plans board’s strategic technology learning plan.
plus
This
allocation for the improvement of instructional technology programs may also be
used for the employment of technology system specialists essential for the
technology systems of the schools of the county to be fully functional and
readily available when needed by classroom teachers. The amount of this allocation used for the
employment of technology system specialists shall be included and justified in
the county board’s 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
(4) An
amount not less than the amount required to meet debt service requirements on
any revenue bonds issued prior to January 1, 1994, and the debt service
requirements on any revenue bonds issued for the purpose of refunding revenue
bonds issued prior to January 1, 1994, shall be paid by the West Virginia
Department of Education in accordance with the expenditure schedule approved by
the state budget office 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)
Notwithstanding the restrictions on the use of funds pursuant to subdivisions
(1) and (2), subsection (a) of this section, a county board may:
(1)
Utilize up to twenty-five percent of the allocation for the
improvement of instructional programs in any school year for school facility
and equipment repair, maintenance and improvement or replacement and other
current expense priorities and for emergency purposes. The amount of this
allocation used for any of these purposes shall be included and justified in
the county and school strategic improvement plans or amendments thereto; and
(2)
Utilize up to fifty percent of the allocation for improving instructional
technology in any school year for school facility and equipment repair,
maintenance and improvement or replacement and other current expense priorities
and for emergency purposes. The amount of this allocation used for any of these
purposes shall be included and justified in the county board’s strategic
technology learning plan or amendments thereto.
(b) (c)
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 $24 million 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) (d)
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-11. Computation of local share; appraisal and assessment of
property; valuations for tax increment financing purposes; computations in
growth counties; public library support.
(a) On the basis of each
county’s certificates of valuation as to all classes of property as determined
and published by the assessors pursuant to section six, article three, chapter
eleven of this code for the next ensuing fiscal year in reliance upon the
assessed values annually developed by each county assessor pursuant to articles
one-c and three of said
chapter, the state board shall for each county compute by application of the maximum
levies for general current expense purposes, as defined in section two of this
article, the amount of revenue which the levies would produce if levied upon
one hundred percent of the assessed value of each of the several classes of
property contained in the report or revised report of the value made to it by
the Tax Commissioner as follows:
(1) For each fiscal year beginning before July 1,
2014, the state board shall first take ninety-five percent of the amount ascertained by
applying these rates to the total assessed public utility valuation in each
classification of property in the county. For each fiscal year beginning after
June 30, 2014, the The state board shall first take ninety-six percent of the amount
ascertained by applying these rates to the total assessed public utility
valuation in each classification of property in the county; and
(2) For each fiscal year beginning before July 1,
2014, the state board shall then apply these rates to the assessed taxable
value of other property in each classification in the county as determined by
the Tax Commissioner and shall deduct therefrom five percent as an allowance
for the usual losses in collections due to discounts, exonerations,
delinquencies and the like. For each fiscal year beginning after June 30, 2014,
the The state
board shall then apply these rates to the assessed taxable value of other
property in each classification in the county as determined by the Tax
Commissioner and shall deduct therefrom four percent as an allowance for the
usual losses in collections due to discounts, exonerations, delinquencies and
the like. All of the amount so determined shall be added to the ninety-five or ninety-six percent as
applicable, of public utility
taxes computed as provided in subdivision (1) of this subsection and this total
shall be further reduced by the amount due each county assessor’s office
pursuant to section eight, article one-c, chapter eleven of this code and this amount shall be the local
share of the particular county.
As to any estimations or
preliminary computations of local share required prior to the report to the
Legislature by the Tax Commissioner, the state shall use the most recent
projections or estimations that may be available from the Tax Department for
that purpose.
(b) It is the intent of the
Legislature that the computation of local share for public school support
continue to be based upon actual real property values rather than assumed
assessed real property values that are based upon an assessment ratio study,
and that the annual amount of local share for which a county board of education
is responsible continue to be computed without reference to whether the real
property assessments in that county were at least fifty-four percent of market
value in the prior year as indicated by the assessment ratio study.
Accordingly, the effective date of the operation of this section as amended and
reenacted during 2014, and the effective date of the operation of the repeal of
section two-a of this article
and the operation of the repeal of section five-b, article one-c, chapter eleven of this code, all as provided under this
enactment, are expressly made retrospective to June 30, 2013.
(c) Whenever in any year a
county assessor or a county commission fails or refuses to comply with this
section in setting the valuations of property for assessment purposes in any
class or classes of property in the county, the State Tax Commissioner shall
review the valuations for assessment purposes made by the county assessor and
the county commission and shall direct the county assessor and the county
commission to make corrections in the valuations as necessary so that they
comply with the requirements of chapter eleven of this code and this section
and the Tax Commissioner may enter the county and fix the assessments at the
required ratios. Refusal of the assessor or the county commission to make the
corrections constitutes grounds for removal from office.
(d) For the purposes of any
computation made in accordance with this section, in any taxing unit in which
tax increment financing is in effect pursuant to article eleven-b, chapter seven of this
code, the assessed value of a related private project shall be the base-assessed value as defined
in section two of said article.
(e) For purposes of any
computation made in accordance with this section, in any county where the
county board of education has adopted a resolution choosing to use the Growth
County School Facilities Act set forth in section six-f, article eight, chapter
eleven of this code, estimated school board revenues generated from application
of the regular school board levy rate to new property values, as that term is
designated in said section, may not be considered local share funds and shall
be subtracted before the computations in subdivisions (1) and (2), subsection
(a) of this section are made.
(f) The Legislature finds
that public school systems throughout the state provide support in varying
degrees to public libraries through a variety of means including budgeted
allocations, excess levy funds and portions of their regular school board
levies. A number of public libraries are situated on the campuses of public
schools and several are within public school buildings serving both the
students and public patrons. To the extent that public schools recognize and
choose to avail the resources of public libraries toward developing within
their students such legally recognized elements of a thorough and efficient
education as literacy, interests in literature, knowledge of government and the
world around them and preparation for advanced academic training, work and
citizenship, public libraries serve a legitimate school purpose and may do so
economically. Therefore, county boards are encouraged to support public
libraries within their counties.
§18-9A-25. Effective date of
changes during 2017 regular session of the Legislature.
The amendments to sections two, four, five,
six-a, seven, nine, ten and eleven of this article during the 2017 regular
session of the Legislature shall be effective for the calculations and
distribution of state aid for the 2018 fiscal year and thereafter; and the
provisions in place before those amendments are only effective for the
calculations and distribution of state aid prior to the 2018 fiscal year.
ARTICLE 9D.
SCHOOL BUILDING AUTHORITY.
§18-9D-2.
Definitions.
For the purposes of this article, unless a different
meaning clearly appears from the context:
(1) "Authority" means the School
Building Authority of West Virginia;
(2) "Bonds" means bonds issued by the
authority pursuant to this article;
(3) "Construction project" means a
project in the furtherance of a facilities plan with a cost greater than $1
million for the new construction, expansion or major renovation of facilities,
buildings and structures for school purposes, including:
(A) The acquisition of land for current or
future use in connection with the construction project;
(B) New or substantial upgrading of existing
equipment, machinery and furnishings;
(C) Installation of utilities and other similar
items related to making the construction project operational.
(D) Construction project does not include such
items as books, computers or equipment used for instructional purposes; fuel;
supplies; routine utility services fees; routine maintenance costs; ordinary
course of business improvements; other items which are customarily considered
to result in a current or ordinary course of business operating charge or a
major improvement project;
(4) "Cost of project" means the cost
of construction, expansion, renovation, repair and safety upgrading of
facilities, buildings and structures for school purposes; the cost of land,
equipment, machinery, furnishings, installation of utilities and other similar
items related to making the project operational; and the cost of financing,
interest during construction, professional service fees and all other charges or
expenses necessary, appurtenant or incidental to the foregoing, including the
cost of administration of this article;
(5) "County board" or
"county" means a county board of education as provided in article
five of this chapter and includes the West Virginia Schools for the Deaf and
the Blind as provided in article seventeen of this chapter when acting with the
approval of the West Virginia Board of Education to submit, request and receive
an award of funds or services for projects under the provisions of this
article.
(5) (6)
"Facilities plan" means the ten-year countywide comprehensive
educational facilities plan established by a county board in accordance with
guidelines adopted by the authority to meet the goals and objectives of this
article, or a facilities plan established by the administration of the West
Virginia Schools for the Deaf and Blind that:
(A) Addresses the existing school facilities
and facility needs of the county, or the Schools for the Deaf and Blind,
to provide a thorough and efficient education in accordance with the provisions
of this code and policies of the state board;
(B) Best serves the needs of individual
students, the general school population and the communities served by the
facilities, including, but not limited to, providing for a facility
infrastructure that avoids excessive school bus transportation times for
students consistent with sound educational policy and within the budgetary
constraints for staffing and operating the schools of the county;
(C) Includes the school major improvement plan;
(D) Includes the county board’s school access
safety plan required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects
completed, current enrollment projections and new or continuing needs; and
(F) Is approved by the state board and the
authority prior to the distribution of state funds pursuant to this article to
any county board or other entity applying for funds;
(6) (7)
"Project" means a construction project or a major improvement project;
(7) (8)
"Region" means the area encompassed within and serviced by a regional
educational service agency established pursuant to section twenty-six, article
two of this chapter;
(8) (9)
“Revenue" or "revenues" means moneys:
(A) Deposited in the School Building Capital
Improvements Fund pursuant to section ten, article nine-a of this chapter;
(B) Deposited in the School Construction Fund
pursuant to section thirty, article fifteen, chapter eleven of this code and
section eighteen, article twenty-two, chapter twenty-nine of this code;
(C) Deposited in the School Building Debt
Service Fund pursuant to section eighteen, article twenty-two, chapter
twenty-nine of this code;
(D) Deposited in the School Major Improvement
Fund pursuant to section thirty, article fifteen, chapter eleven of this code;
(E) Received, directly or indirectly, from any
source for use in any project completed pursuant to this article;
(F) Received by the authority for the purposes
of this article; and
(G) Deposited in the Excess Lottery School
Building Debt Services Fund pursuant to section eighteen-a, article twenty-two,
chapter twenty-nine of this code;.
(9) (10)
"School major improvement plan" means a ten-year school maintenance
plan that:
(A) Is prepared by a county board in accordance
with the guidelines established by the authority and incorporated in its
Countywide Comprehensive Educational Facilities Plan, or is prepared by the
state board or the administrative council of an area vocational educational
center in accordance with the guidelines if the entities seek funding from the
authority for a major improvement project, or is prepared by the
administration of the West Virginia Schools for the Deaf and Blind;
(B) Addresses the regularly scheduled
maintenance for all school facilities of the county or under the jurisdiction
of the entity seeking funding;
(C) Includes a projected repair and replacement
schedule for all school facilities of the county or of the entity
seeking funding;
(D) Addresses the major improvement needs of
each school within the county or under the jurisdiction of the entity seeking
funding; and
(E) Is required prior to the distribution of
state funds for a major improvement project pursuant to this article to the
county board, state board or administrative council; and
(10) (11)
"School major improvement project" means a project with a cost
greater than $50 thousand and less than $1 million for the renovation,
expansion, repair and safety upgrading of existing school facilities, buildings
and structures, including the substantial repair or upgrading of equipment,
machinery, building systems, utilities and other similar items related to the
renovation, repair or upgrading in the furtherance of a school major
improvement plan. A major improvement
project does not include such items as books, computers or equipment used for
instructional purposes; fuel; supplies; routine utility services fees; routine
maintenance costs; ordinary course of business improvements; or other items
which are customarily considered to result in a current or ordinary course of
business operating charge.;
(12) "Schools for the Deaf and
Blind" or "West Virginia Schools for the Deaf and Blind" means
the Schools for the Deaf and Blind established or continued under article
seventeen of this chapter.
§18-9D-3.
Powers of authority.
The School Building Authority has the power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at
pleasure;
(3) To contract to acquire and to acquire, in
the name of the authority, by purchase, lease-purchase not to exceed a term of
twenty-five years, or otherwise, real property or rights or easements necessary
or convenient for its corporate purposes and to exercise the power of eminent
domain to accomplish those purposes;
(4) To acquire, hold and dispose of real and
personal property for its corporate purposes;
(5) To make bylaws for the management and rule
of its affairs;
(6) To appoint, contract with and employ
attorneys, bond counsel, accountants, construction and financial experts,
underwriters, financial advisers, trustees, managers, officers and such other
employees and agents as may be necessary in the judgment of the authority and
to fix their compensation: Provided,
That contracts entered into by the School Building Authority in connection with
the issuance of bonds under this article to provide professional and technical
services, including, without limitation, accounting, actuarial, underwriting,
consulting, trustee, bond counsel, legal services and contracts relating to the
purchase or sale of bonds are subject to the provisions of article three,
chapter five-a of this code: Provided, however, That notwithstanding any
other provisions of this code, any authority of the Attorney General of this state
relating to the review of contracts and other documents to effectuate the
issuance of bonds under this article shall be exclusively limited to the form
of the contract and document: Provided
further, That the Attorney General of this state shall complete all reviews
of contracts and documents relating to the issuance of bonds under this article
within ten calendar days of receipt of the contract and document for review;
(7) To make contracts and to execute all
instruments necessary or convenient to effectuate the intent of and to exercise
the powers granted to it by this article;
(8) To renegotiate all contracts entered into
by it whenever, due to a change in situation, it appears to the authority that
its interests will be best served;
(9) To acquire by purchase, eminent domain or
otherwise all real property or interests in the property necessary or
convenient to accomplish the purposes of this article;
(10) To require proper maintenance and
insurance of any project authorized under this section, including flood
insurance for any facility within the one hundred year flood plain, at which
authority funds are expended;
(11) To charge rent for the use of all or any
part of a project or buildings at any time financed, constructed, acquired or
improved, in whole or in part, with the revenues of the authority;
(12) To assist the West Virginia Schools for
the Deaf and Blind or any county board of education that chooses to acquire
land, buildings and capital improvements to existing school buildings and
property for use as public school facilities, by lease from a private or public
lessor for a term not to exceed twenty-five years with an option to purchase
pursuant to an investment contract with the lessor on such terms and conditions
as may be determined to be in the best interests of the authority, the State
Board of Education and, if applicable, the county board of education,
consistent with the purposes of this article, by transferring funds to the
State Board of Education as provided in subsection (d), section fifteen of this
article for the use of the county board of education;
(13) To accept and expend any gift, grant,
contribution, bequest or endowment of money and equipment to, or for the
benefit of, the authority or any project under this article, from the State of
West Virginia or any other source for any or all of the purposes specified in
this article or for any one or more of such purposes as may be specified in
connection with the gift, grant, contribution, bequest or endowment;
(14) To enter on any lands and premises for the
purpose of making surveys, soundings and examinations;
(15) To contract for architectural, engineering
or other professional services considered necessary or economical by the
authority to provide consultative or other services to the authority or to any
regional educational service agency, the West Virginia Schools for the Deaf
and Blind or any county board
requesting professional services offered by the authority, to evaluate any
facilities plan or any project encompassed in the plan, to inspect existing
facilities or any project that has received or may receive funding from the
authority or to perform any other service considered by the authority to be
necessary or economical. Assistance to
the region, school or district may include the development of
preapproved systems, plans, designs, models or documents; advice or oversight
on any plan or project; or any other service that may be efficiently provided by
the authority to regional educational service agencies, the state board,
or county boards by the authority or the West Virginia Schools
for the Deaf and Blind;
(16) To provide funds on an emergency basis to
repair or replace property damaged by fire, flood, wind, storm, earthquake or
other natural occurrence, the funds to be made available in accordance with
guidelines of the School Building Authority;
(17) To transfer moneys to custodial accounts
maintained by the School Building Authority with a state financial institution
from the school construction fund and the school improvement fund created in
the State Treasury pursuant to the provisions of section six of this article,
as necessary to the performance of any contracts executed by the School
Building Authority in accordance with the provisions of this article;
(18) To enter into agreements with county
boards and persons, firms or corporations to facilitate the development of county
board projects and county board facilities plans. The county board participating in an
agreement shall pay at least twenty-five percent of the cost of the
agreement. Nothing in this section shall
be construed to supersede, limit or impair supersedes, limits or impairs
the authority of county boards to develop and prepare their projects or plans;
(19) To encourage any project or part thereof
to provide opportunities for students to participate in supervised, unpaid
work-based learning experiences related to the student’s program of study
approved by the county board or the administration of the West Virginia
Schools for the Deaf and Blind. The
work-based learning experience must shall be conducted in
accordance with a formal training plan approved by the instructor, the employer
and the student. and which sets The experience shall set
forth at a minimum the specific skills to be learned, the required
documentation of work-based learning experiences, the conditions of the
placement, including duration and safety provisions, and provisions for
supervision and liability insurance coverage as applicable. Projects involving the new construction and
renovation of vocational-technical and adult education facilities should
provide opportunities for students to participate in supervised work-based
learning experiences, to the extent practical, which meet the requirements of
this subdivision. Nothing in this
subdivision may be construed to affect registered youth apprenticeship programs
or the provisions governing those programs; and
(20) To do all things necessary or convenient
to carry out the powers given in this article.
§18-9D-4c.
School Building Authority authorized to temporarily finance projects
through the issuance of loans, notes or other evidences of indebtedness.
The School Building
Authority may by resolution, in accordance with the provisions of this article,
temporarily finance the cost of projects and other expenditures permitted under
this article for public schools in this state, including, but not
limited to, comprehensive high schools, and comprehensive middle schools
as defined in this article, in this state through the issuance of and
the West Virginia Schools for the Deaf and Blind. The financing may be issued through
loans, notes or other evidences of indebtedness, Provided, That the outstanding
principal amount of loans, notes or other evidences of indebtedness
outstanding at any one time shall which may not exceed $16 million at
any one time. Provided, however, That The principal
of, interest and premium if any on, and fees associated with any such
temporary financing shall be payable solely from the proceeds of bonds or
the sources from which the principal of, interest and premium, if any,
on bonds is any bonds are payable under this article. or from the
proceeds of bonds
§18-9D-4d. Emergency facility and equipment repair or
replacement fund for financially distressed counties.
From the funds
available to it the School Building Authority shall maintain a reserve fund in
the amount of not less than $600,000 for the purpose of making emergency grants
to financially distressed county boards to assist them in making repairs or
performing urgent maintenance to facilities or facility related equipment or
facility related equipment replacement necessary to maintain the serviceability
or structural integrity of school facilities currently in use or necessary for
educating the students of the county.
The grants shall be made in accordance with guideline established by the
school building authority. For the
purposes of this section, “financially distressed county” means a county either
in deficit or on the most recently established watch list established by the
Department of Education of those counties at-risk of becoming in deficit.
§18-9D-16.
Authority to establish guidelines and procedures for facilities and
major improvement plans; guidelines for modifications and updates, etc.;
guidelines for project evaluation; submission of certified list of projects to
be funded; department on-site inspection of facilities; enforcement of required
changes or additions to project plans.
(a) The authority shall establish guidelines
and procedures to promote the intent and purposes of this article and assure
the prudent and resourceful expenditure of state funds for projects under this
article including, but not limited to, the following:
(1) Guidelines and procedures for the
facilities plans, school major improvement plans and projects submitted in the
furtherance of the plans that address, but are not limited to, the following:
(A) All of the elements of the respective plans
as defined in section two of this article;
(B) The procedures for a county or the
administration of the West Virginia Schools for the Deaf and Blind to
submit a preliminary plan, a plan outline or a proposal for a plan to the
authority prior to the submission of the facilities plan. The preliminary plan, plan outline or
proposal for a plan shall be the basis for a consultation meeting between
representatives of the county or the administration of the West Virginia
Schools for the Deaf and Blind and members of the authority, including at
least one citizen member. which The meeting shall be held
promptly following submission of the preliminary plan, plan outline or proposal
for a plan to assure understanding of the general goals of this article and the
objective criteria by which projects will be evaluated, to discuss ways the
plan may be structured to meet those goals, and to assure efficiency and
productivity in the project approval process;
(C) The manner, time line and process for the
submission of each plan and annual plan updates to the authority;
(D) The requirements for public hearings,
comments or other means of providing broad-based input on plans and projects
under this article within a reasonable time period as the authority may
consider appropriate. The submission of
each plan must be accompanied by a synopsis of all comments received and a
formal comment by the county board, the state board or the administrative
council of an area vocational educational center submitting the plan;
(E) Any project specifications and maintenance
specifications considered appropriate by the authority including, but not
limited to, such matters as energy efficiency, preferred siting, construction
materials, maintenance plan and any other matter related to how the project is
to proceed;
(F) A prioritization by the county board, the
state board or the administrative council submitting the plan of each project
contained in the plan. In
prioritizing the projects, the county board, the state board or the
administrative council submitting the plan shall make determinations The
prioritization shall be determined in accordance with the objective
criteria formulated by the School Building Authority in accordance with this
section. The priority list is one of the
criteria that shall be considered by the authority in deciding how the
available funds should be expended;
(G) The objective means to be set forth in the
plan and used in evaluating implementation of the overall plan and each project
included in the plan. The evaluation must
shall measure how the plan addresses the goals of this article and any
guidelines adopted under this article, and how each project is in
furtherance of the facilities plan and school major improvement plan, as
applicable, as well as the importance of the project to the overall
success of the facilities plan or school major improvement plan, and the
overall goals of the authority; and
(H) Any other matters considered by the
authority to be important reflections of how a construction project or a major
improvement project or projects will further the overall goals of this
article.
(2) Guidelines and procedures which may be
adopted by the authority for requiring that a county board modify, update,
supplement or otherwise submit changes or additions to an approved facilities
plan or for requiring that a county board, the state board or the
administrative council of an area vocational educational center modify, update,
supplement or otherwise submit changes or additions to an approved school major
improvement plan. The authority shall
provide reasonable notification and sufficient time for the change or addition
as delineated in its guidelines. developed by the authority The guidelines shall require an update of the
estimated duration of school bus transportation times for students associated
with any construction project under consideration by the authority that
includes the closure, consolidation or construction of a school or schools.
(3) Guidelines and procedures for evaluating
project proposals that are submitted to the authority that address, but are not
limited to, the following:
(A) Any project funded by the authority must
shall be in furtherance of the facilities plan or school major
improvement plan and in compliance with the guidelines established by the
authority;
(B) If a project is to benefit more than one
county in the region, the facilities plan must shall state the
manner in which the cost and funding of the project will be apportioned among
the counties;
(C) If a county board proposes to finance a
construction project through a lease with an option to purchase pursuant to an
investment contract as described in subsection (f), section fifteen of this
article, the specifications for the project must include the term of the lease,
the amount of each lease payment, including the payment due upon exercise of
the option to purchase, and the terms and conditions of the proposed investment
contract; and
(D) The objective criteria for the evaluation
of projects which shall include, but are is not limited to, the
following:
(i) How the current facilities do not meet and
how the plan and any project under the plan meets meet the
following:
(I) Student health and safety including, but
not limited to, critical health and safety needs;
(II) Economies of scale, including compatibility
with similar schools that have achieved the most economical organization,
facility use and pupil-teacher ratios;
(III) Reasonable travel time and practical
means of addressing other demographic considerations. The authority may not approve a project after
July 1, 2008 that includes a school closure, consolidation or new
construction for which a new bus route will be created for the
transportation of students in any of the grade levels prekindergarten through
grade five transporting any prekindergarten through fifth grade students
to and from any school included in the project, which new bus if the
route exceeds by more than fifteen minutes the recommended duration of the one-way
school bus transportation duration time for elementary students adopted
by the state board as provided in pursuant to section five-d,
article two-e of this chapter, unless the county has received the written
permission of the state board to create the route in accordance with said
section five-d;
(IV) Multicounty and regional planning to
achieve the most effective and efficient instructional delivery system;
(V) Curriculum improvement and diversification,
including the use of instructional technology, distance learning and access to
advanced courses in science, mathematics, language arts and social studies;
(VI) Innovations in education;
(VII) Adequate space for projected student
enrollments;
(VIII)
The history of efforts taken by the county board to propose or adopt local
school bond issues or special levies to the extent Constitutionally
permissible; and
(IX)
Regularly scheduled preventive maintenance; and
(ii) How the project will assure the prudent
and resourceful expenditure of state funds and achieve the purposes of this
article for constructing, expanding, renovating or otherwise improving and
maintaining school facilities for a thorough and efficient education.
(4) Guidelines and procedures for evaluating
projects for funding that address, but are not limited to, the following:
(A) Requiring each county board’s facilities
plan and school major improvement plan to prioritize all the construction
projects or major improvement projects, respectively, within the county. A school major improvement plan submitted by
the state board or the administrative council of an area vocational educational
center shall prioritize all the school improvement projects contained in the
plan. The priority list shall be one of
the criteria to be considered by the authority in determining how available
funds shall be expended. In prioritizing
the projects, the county board, the state board or the administrative council
submitting a plan shall make determinations in accordance with the objective
criteria formulated by the School Building Authority;
(B) The return to each county submitting a
project proposal an explanation of the evaluative factors underlying the
decision of the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in
accordance with this article, subject to the availability of funds.
(b) Prior to final action on approving projects
for funding under this article, the authority shall submit a certified list of
the projects to the Joint Committee on Government and Finance.
(c) The State Department of Education shall
conduct on-site inspections, at least annually, of all facilities which have
been funded wholly or in part by moneys from the authority or state board to
ensure compliance with the county board's facilities plan and school major
improvement plan as related to the facilities; to preserve the physical
integrity of the facilities to the extent possible; and to otherwise extend the
useful life of the facilities. Provided, That The state
board shall submit reports regarding its on-site the inspections of
facilities to the authority within thirty days of completion. of the
on-site inspections: Provided,
however, That The state board shall promulgate rules regarding the
on-site inspections and matters relating thereto, in consultation with the
authority, as soon as practical and shall submit proposed rules for
legislative review. no later than December 1, 1994
(d) Based on its on-site inspection or
notification by the authority to the state board that the changes or additions
to a county's board county board’s facilities plan or school
major improvement plan required by the authority have not been
implemented within the time period prescribed by the authority, the state board
shall restrict the use of the necessary funds or otherwise allocate funds from
moneys appropriated by the Legislature for those purposes set forth in section
nine, article nine-a of this chapter.
§18-9D-22.
Eligibility of the West Virginia Schools for the Deaf and Blind to
participate in all
types of funding administered or distributed by the authority.
(a) The Legislature finds that:
(1) The Legislature's Constitutional
obligation to provide a thorough and efficient public education for the
children of West Virginia includes providing a thorough and efficient education
for the children of West Virginia who are deaf and blind;
(2) The Legislature has endeavored to
fulfill this obligation with the creation, maintenance and operation of the
West Virginia Schools for the Deaf and Blind, established and continued under
article seventeen of this chapter;
(3) The West Virginia Schools for the Deaf
and Blind have for generations provided educational services to children from
each of West Virginia's fifty-five counties;
(4) The facilities of the West Virginia
Schools for the Deaf and Blind are in need of substantial improvements;
(5) The West Virginia Schools for the Deaf
and Blind have no local levy which supports their operations, and depend
completely upon the appropriations from the state;
(6) The West Virginia Schools for the Deaf
and Blind have no borrowing authority nor revenue stream that can serve as a
source of servicing debt;
(7) Questions have arisen as to whether or
not it is permissible for the School Building Authority to distribute to the
West Virginia Schools for the Deaf and Blind financial assistance for the
construction and improvement of their facilities; and
(8) The West Virginia Schools for the Deaf
and Blind should have access to and be eligible to receive all types of funding
provided to county boards by the authority.
(b) Notwithstanding any provision of this
code to the contrary:
(1) The West Virginia Schools for the Deaf
and Blind are eligible to participate in all funding distributed by the
authority; and
(2) The authority may distribute to the
West Virginia Schools for the Deaf and Blind funds as it determines to be
appropriate.
(c) The authority may
not require the contribution of local funds for a project of the West Virginia
Schools for the Deaf and Blind, nor penalize the consideration or priority
ranking of a project of the schools for lack of local project funds. The state board may apply for funds for
education programs under its jurisdiction for projects at the West Virginia
Schools for the Deaf and Blind.
Adopted
Rejected