FISCAL NOTE
Date Requested: February 09, 2026 Time Requested: 03:43 PM |
| Agency: |
Education, WV State Board of |
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 4030 |
Introduced |
SB890 |
|
| CBD Subject: |
Education (K12) |
|---|
|
FUND(S):
N/A
Sources of Revenue:
Other Fund County Boards of Education
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This proposed legislation changes the minimum public school 180 instructional day requirement into a minimum 900 instructional hour requirement; changes the minimum public school employment term from 200 days to 1,600 hours; converts other public school calendar provisions from days or months to hours; increases the time to be designated by the county board to be used by the employees for preparation for opening school; and allows nonpublic schools to deliver instruction through alternative methods that count toward up to 25 hours of instructional time when schools are closed due to inclement weather or other unforeseen circumstances. In its current form, this legislation would not have any direct fiscal impact on the State of West Virginia; however, the bill could result in additional costs and/or savings to the various county boards of education, depending on how the counties elect to implement the flexibility provided under the proposed instructional hour framework.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026 Increase/Decrease (use"-") |
2027 Increase/Decrease (use"-") |
Fiscal Year (Upon Full Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
This legislation, as it is currently written, shifts the current instructional format from a 180-day (equivalent to 1,080 hours) instructional requirement to a 900-hour instructional requirement. This change would come at no additional cost to the State, but any additional cost or possible savings would be seen at the county boards of education.
This legislation could allow county boards of education flexibility to restructure their instructional calendars, including the potential adoption of a four-day instructional week. If implemented, such a model could result in savings to county boards related to staffing costs, substitute usage, overtime, transportation, food service operations, and utility expenses.
However, the fiscal impact to county boards of education could increase depending on how flexibility is utilized. Counties that choose to lengthen instructional days to make up hours “lost” to weather delays or cancellations may incur additional staffing, overtime, or operational costs. As such, the overall fiscal impact will vary by county and by implementation strategy.
Currently, the number of hours worked by service personnel that constitute a “day” varies among county boards of education. Transitioning to an hourly framework could require counties to revisit work schedules, compensation practices, and contract language. Counties may experience administrative and payroll complexity when aligning existing daily-based service personnel contracts with an hourly system. This fact in itself could require county boards of education to conduct mass reductions in force with corresponding rehires to align current service personnel contracts to new workday strategies. This will require a level of risk and messaging to ensure all employees understand realignment practices. An unintended consequence could result in increased legal fees under initial realignment.
The bill raises questions regarding whether professional educators could be interpreted as being compensated on an hourly basis rather than under a daily or annual salary structure. Such a shift could create contractual, payroll, retirement, and compliance concerns, including potential impacts to salary schedules and employment terms. Currently, most professional “days” are considered 7.5 hour days. This legislation would move that requirement to 8 hour “days”. This could cause potential increased costs related to compensation strategies, duty-free periods, and contract enforcement.
The West Virginia Consolidated Public Retirement Board (CPRB) should also be consulted to obtain information relating to the legality of a four-day instructional week and any impact this might have on retirement.
Finally, this cost estimate does not assume the passage of any other legislation.
Memorandum
The West Virginia Department of Education (WVDE) would recommend including additional language in the bill that addresses weather-related delays, such as two-hour delays or early dismissals, to clarify whether counties would be required to make up partial instructional hours lost due to such delays and how these hours would be tracked and enforced.
The WVDE would also recommend that the current 15 days of personal leave for school personnel also be converted to hours to remain consistent with how contracts will need to be rewritten to comply with the proposed change.
Person submitting Fiscal Note: Tina Payne
Email Address: tina.a.payne@k12.wv.us