FISCAL NOTE
Date Requested: February 21, 2026
Time Requested: 10:09 AM |
| Agency: |
Education, WV State Board of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 4303 |
Introduced |
SB1048 |
|
|---|
| CBD Subject: |
Education (K12) |
|---|
|
FUND(S):
0313
Sources of Revenue:
General Fund
Legislation creates:
Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to transfer the responsibility for making determinations on eliminating school personnel positions due to lack of need for all county school districts from the county boards of those districts to the West Virginia Board of Education. The West Virginia Department of Education (WVDE) does not have the necessary data to calculate a cost to the State, but there would likely be an increase in cost for the WVDE due to additional administrative functions that would need to take place at the State level.
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, transfers the authority to determine the elimination of school personnel positions due to lack of need from county boards of education to the West Virginia Board of Education (WVBE).
The authority applies to the elimination of positions only — not the selection of individual employees for transfer or dismissal, which remains the responsibility of county boards pursuant to existing statutory provisions. The WVDE does not have the necessary data to calculate a cost to the State, but there would likely be an increased cost to the WVDE due to the following additional administrative functions that must now be considered at the State level, as the proposed legislation is currently written:
1. Foundation allowance staffing ratios under §18-9A-4 and §18-9A-5
2. Funding sources for positions above foundation levels (local excess levy, federal grants, state grants, etc…)
3. Class sizes
4. Bus route length
5. Legal costs associated with potential appeals or litigation
6. Other relevant factors to ensure a thorough education are being provided.
Memorandum
Due to the current timing in the school year, it is recommended that the proposed legislation be effective for the 2027-28 school year. There would not be enough time for all necessary processes to be put in place in order for effective planning of necessary staffing action to be approved by the WVDE effective for the 2026-27 school year.
The WVDE would recommend carefully examining any reference to the county board of education that is not struck within the proposed legislation to ensure there is not a conflict in duties.
A further recommendation would be to determine whether these duties should refer to the State Superintendent rather than the State Board. There should be consideration given to stating the State Board shall promulgate a rule setting forth the procedures to be acted upon by both county boards of education and the WVDE. Due to some of the intricate situations occurring at the county level, the WVDE envisions requiring county boards of education to develop staffing plans to be presented to the WVDE for approval based on various data points relevant to staffing decision making such as certified enrollment counts, state funding and other funding sources available to the county board of education, etc.
It is recommended that all language pertaining to employee hearings be removed. Any employee who feels they have been wronged during the process will need to file a grievance within the allowable window set forth in code.
There is mention of "board" in line 1 of the proposed legislation that is recommended to be removed.
Person submitting Fiscal Note: Tina Payne
Email Address: tina.a.payne@k12.wv.us