ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2204
(By Delegates Williams, Michael, Mezzatesta,
Dempsey, Ennis, Manuel and Osborne)
[Passed April 12, 1997; in effect July 1, 1997.]
AN ACT to repeal section six, article eight, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; to amend article five of said chapter by
adding thereto a new section, designated section eighteen-d;
to amend and reenact sections three, four, seven and eleven,
article eight of said chapter; to amend sections six-a,
six-b and fifteen, article nine-a of said chapter; and to
amend article four, chapter eighteen-a of said code by
adding thereto a new section, designated section eight-i,
all relating to study on programs for children under the age
of five; requiring preparation of attendance reports upon
request of county superintendent; eliminating the board of
educations' power of removal of the attendance director;
providing that attendance director shall ascertain reasons
for absences of students of sixteen years of age as well as
those under sixteen years of age; authorizing service of
summons; requiring attendance director to serve as liaison
for homeless children and youth; prohibiting the inducement
of a student to be absent from school of any age; reducing the appropriation determined by the actuarial evaluation for
the teachers' retirement fund by the amount resulting from
an increase in local share; allowance for increased
enrollment; and seniority rights for professional educators
and school service personnel in cases of intercounty
transfer arrangements.
Be it enacted by the Legislature of West Virginia:
Senator Jackson moved to amend the bill on page two, by
striking out everything after the enacting clause and inserting
in lieu thereof the following:
That section six, article eight, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended be repealed; that article five of said code be amended by
adding thereto a new section, designated section eighteen-d; that
sections three, four, seven and eleven, article eight of said
chapter be amended and reenacted; that sections six-a, six-b and
fifteen, article nine-a of said chapter be amended and reenacted;
and that article four, chapter eighteen-a be amended by adding
thereto a new section, designated section eight-i, all to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18d. Study on programs for children under the age of five.
The state department of education and the department of
health and human resources, in consultation with the governor's
cabinet on children and families, shall conduct a comprehensive
study on programs for children under the age of five. Such study
shall consider issues including, but not limited to, curriculum, acquiring federal dollars, welfare reform, relation to day care
centers, relation to kindergarten programs, involvement of the
private sector, involvement of the public sector and cost
effectiveness. The state department of education and the
department of health and human resources shall submit a report to
the legislative oversight commission on education accountability
by the first day of December, one thousand nine hundred ninety- seven.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-3. Employment of county director of school attendance and
assistants; qualifications; salary and traveling expenses; removal.
(a) The county board of education of every county, not later
than the first day of August of each year, shall employ the
equivalent of a full-time county director of school attendance if
such county has a net enrollment of more than four thousand
pupils, at least a half-time director of school attendance if
such county has a net enrollment equal to or of less than four
thousand pupils and such assistant attendance directors as deemed
necessary. Such All persons to be employed as attendance directors
shall have the written recommendation of the county
superintendent.
(b) The county board of education may set up establish such special and
professional qualifications for attendance directors and
assistants as are deemed expedient and proper and are consistent with regulations of the state board of education relating
thereto.
(c) The attendance director or assistant director shall be
paid a monthly salary as fixed by the county board. Before
receiving such monthly salary The
attendance director or assistant director shall file with the
county superintendent a certified statement showing the
activities in school attendance service for the month and the
number of days actually spent in the performance of such duties prepare
attendance reports, and such other reports as the county
superintendent may request.
(d) The county board of education shall reimburse such the
employees attendance directors or assistant directors for their necessary
traveling expenses upon presentation of a monthly, itemized,
sworn statement approved by the county superintendent.
The power of removal of the county attendance director or an
assistant attendance director shall rest with the county board of
education: Provided, That reasons for contemplated dismissal
shall be reduced to writing, a copy of which shall be furnished
the director in question with opportunity to be heard in his own
behalf by the county board of education. The decision of the
county board of education shall be final.
§18-8-4. Duties of attendance director and assistant directors;
complaints, warrants and hearings.
The county attendance director and the assistants shall
diligently promote regular school attendance. They shall
ascertain reasons for inexcusable absences from school of pupils
of compulsory school age and students who remain enrolled beyond
the sixteenth birthday as defined under this article and shall
take such steps as are, in their discretion, best calculated to
correct attitudes of parents and pupils which results in absences
from school even though not clearly in violation of law.
In the case of five consecutive or ten total unexcused
absences of a child during a single semester school year, the attendance director
or assistant shall serve written notice to the parent, guardian or custodian of such child that the attendance of such child at
school is required and that within ten days of receipt of such the
notice the parent, guardian or custodian, accompanied by the
child, shall report in person to the school the child attends for
a conference with the principal or other designated
representative of the school in order to discuss and correct the
circumstances causing the inexcusable absences of the child; and
if the parent, guardian or custodian does not comply with the
provisions of this article, then the attendance director or
assistant shall make complaint against such the parent, guardian or
custodian before a magistrate of the county. The attendance
director or assistant shall serve such notice for other absences
from school found to be in violation of law. For any similar
subsequent offense in any school year no notice shall be
required. If it appears from
the complaint that there is probable cause to believe that an
offense has been committed and that the accused has committed it,
a summons or a warrant for the arrest of the accused shall issue
to any officer authorized by law to serve the summons or to
arrest persons charged with offenses against the state. More
than one summons or warrant may be issued on the same complaint.
The summons or warrant shall be executed within ten days of its
issuance.
The magistrate court clerk, or the clerk of the circuit
court performing the duties of the magistrate court as authorized
in section eight, article one, chapter fifty of this code, shall
assign the case to a magistrate within ten days of execution of
the summons or warrant. The hearing shall be held within twenty
days of the assignment to the magistrate, subject to lawful
continuance. The magistrate shall provide to the accused at least ten days' advance notice of the date, time and place of the
hearing.
When any doubt exists as to the age of a child absent from
school, the attendance director shall have authority to require
a properly attested birth certificate or an affidavit from the
parent, guardian or custodian of such child, stating age of such the
child. The county attendance director or assistant shall, in the
performance of his or her duties, have authority to take without
warrant any child absent from school in violation of the
provisions of this article and to place such child in the school
in which such child is or should be enrolled.
The county attendance director shall devote such time as is
required by section three of this article to the duties of
attendance director in accordance with this section during the
instructional term and at such other times as the duties of an
attendance director are required. All attendance directors hired
for more than two hundred days may be assigned other duties
determined by the superintendent during the period in excess of
two hundred days. The county attendance director shall be
responsible under direction of the county superintendent for the
efficient administration of school attendance in the county.
In addition to those duties directly relating to the
administration of attendance, the county attendance director and
assistant directors shall also perform the following duties:
(a) Assist in directing the taking of the school census to
see that it is taken at the time and in the manner provided by law;
(b) Confer with principals and teachers on the comparison of
school census and enrollment for the detection of possible
nonenrollees;
(c) Cooperate with existing state and federal agencies
charged with enforcement of child labor laws;
(d) Prepare a report for submission by the county
superintendent to the state superintendent of schools on school
attendance, at such times and in such detail as may be required;
also, file with the county superintendent and county board of
education at the close of each month a report showing activities
of the school attendance office and the status of attendance in
the county at the time;
(e) Promote attendance in the county by the compilation of
data for schools and by furnishing suggestions and
recommendations for publication through school bulletins and the
press, or in such manner as the county superintendent may direct;
(f) Participate in school teachers' conferences with parents
and students;
(g) Assist in such other ways as the county superintendent
may direct for improving school attendance;
(h) Make home visits of students who have excessive
unexcused absences, as provided above, or if requested by the
chief administrator, principal or assistant principal.
(i) The attendance director shall serve as the liaison for
homeless children and youth.
§18-8-7. Aiding or abetting violations of compulsory attendance;
penalty.
Any person who induces or attempts to induce any child or
student unlawfully to absent himself or herself from school, or
who harbors or employs any child or student of compulsory school
age or any student over sixteen years of age who is enrolled in
a school while the school to which he or she belongs and which he
or she is required to attend is in session, or who employs such
child or student within the term of such school on any day such
school is in session without the written permission of the county
superintendent of schools, or for a longer period than such work
permit may specify shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than twenty-five nor
more than fifty dollars and may be confined in jail not less than
ten nor more than thirty days.
§18-8-11. School attendance as condition of licensing for
privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall deny a license or instruction permit for
the operation of a motor vehicle to any person under the age of
eighteen who does not at the time of application present a
diploma or other certificate of graduation issued to the person
from a secondary high school of this state or any other state or
documentation that the person: (1) Is enrolled and making satisfactory progress in a course leading to a general
educational development certificate (GED) from a state approved
institution or organization, or has obtained such certificate;
(2) is enrolled in a secondary school of this state or any other
state; (3) is excused from such requirement due to circumstances
beyond his or her control; or (4) is enrolled in an institution
of higher education as a full-time student in this state or any
other state.
(b) The attendance director or chief administrator shall
provide documentation of enrollment status on a form approved by
the department of education to any student fifteen years of age
but less than eighteen years of age sixteen years of age or older upon request who is
properly enrolled in a school under the jurisdiction of said the
official for presentation to the division of motor vehicles on
application for or reinstatement of an instruction permit or
license to operate a motor vehicle. Whenever a student fifteen
years of age but less than eighteen years of age sixteen years of
age or older withdraws from
school, except as provided in subsection (d) of this section,
the attendance director or chief administrator shall notify the
division of motor vehicles of such the withdrawal not later than five
days from the withdrawal date. Within five days of receipt of
such the notice, the division of motor vehicles shall send notice to
the licensee that the license will be suspended under the
provisions of section three, article two, chapter seventeen-b of
this code on the thirtieth day following the date the notice was
sent unless documentation of compliance with the provisions of this section is received by the division of motor vehicles
before such time.
(c) For the purposes of this section, withdrawal shall be
defined as more than ten consecutive or fifteen days total
unexcused absences during a school year. single semester For the purposes of
this section, suspension or expulsion from school or imprisonment
in a jail or a penitentiary is not a circumstance beyond the
control of such person.
(d) Whenever the withdrawal from school of such student, or
such student's failure to enroll in a course leading to or to
obtain a GED or high school diploma, is beyond the control of
such student, or is for the purpose of transfer to another school
as confirmed in writing by the student's parent or guardian, no
such notice shall be sent to the division of motor vehicles to
suspend the student's motor vehicle operator's license, and if
the student is applying for a license, the attendance director or
chief administrator shall provide the student with documentation
to present to the division of motor vehicles to excuse such the
student from the provisions of this section. The school district
superintendent (or the appropriate school official of any private
secondary school) with the assistance of the county attendance
director and any other staff or school personnel shall be the
sole judge of whether such withdrawal is due to circumstances
beyond the control of such person.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-6a. Teachers retirement fund allowance; unfunded
liability allowance.
(a) The total teachers retirement fund allowance shall be
the sum of the basic foundation allowance for professional
educators and the basic foundation allowance for service
personnel, as provided in sections four and five 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.
(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 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 the thirty-first day of December 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 thirtieth day of June. 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, 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 sections six-b
of this article shall not 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-6b. Allocation of growth of local share.
Beginning with the first day of July, one thousand nine hundred ninety-five, and thereafter, an appropriation and
allocation due to the increase in local share not to exceed seven
million dollars above that computed for the previous year, which
increase may be attributable to any increase in the tax rate as
enacted by the Legislature in accordance with the provisions of
subsection (b), section six-f, article eight, chapter eleven of
this code, shall be allocated to the state teachers' retirement
system, which appropriation and allocation shall be used to
reduce in addition to the amounts required by section six-a of this article or
any other retirement contributions as may be required to the
state teachers retirement system set forth in article seven-a of
this chapter and which shall be accumulated in the employers
accumulation fund created in section eighteen of said article
seven-a.
§18-9A-15. Allowance for increased enrollment.
To provide for the support of increased net enrollments in
the counties in a school year over the net enrollments used in
the computation of total state aid for that year, there shall be
appropriated for that purpose from the general revenue fund an
amount equal to the average total state aid per net pupil
multiplied by the total of all of the increases in the net
enrollments of the counties made by comparing the most recent
reports of net enrollment for the second school month to the
immediately previous year's reports for the same school month.
Upon determination of the several increases in the
respective counties' net enrollments, as of the close of the second school month, each county showing such increase shall be
allocated an amount equal to that county's average per net pupil
total state aid multiplied by the increase in that county's net
enrollment determined as provided heretofore. Such allocations
shall be distributed not later than the thirty-first day of
December of each year to the counties having increases in net
enrollment as heretofore provided. If the amount appropriated
for this purpose shall not be sufficient to provide payment in
full for the total of these several allocations, each county
allocation shall be reduced to an amount which is proportionate
to the appropriation compared to the total of the several
allocations, and the allocations as thus adjusted shall be
distributed to the counties as provided in this section:
Provided, That the governor shall request a supplemental
appropriation at the next legislative session for the reduced
amount.
No provision of this section shall be construed to in any
way affect the allocation of moneys for educational purposes to
a county under other provisions of law.
Except for those students who are enrolled in special education programs, students who have not attained the age of
five prior to the first day of September shall not be included
for any purpose of this section.
Nothing in this section shall be construed to require any
specific level of funding by the Legislature.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8i. Seniority rights for professional educators and
school service personnel in cases of intercounty transfer
arrangements.
Notwithstanding any other provisions of this code to the
contrary, if students are required to attend school in a county
other than the county of their residence as a result of an
intercounty transfer arrangement, then the following terms, rules
and procedures shall apply:
(a) For the purposes of this section, the following terms have
the following meanings:
(1) "Intercounty transfer arrangement" means those cases in
which students are required to attend school in a county other
than the county of their residence;
(2) "Receiving county" means the county, other than the county
of residence, where students are required to attend school; and
(3) "Sending county" means the county of residence of
students involved in intercounty transfer arrangements.
(b) The state board shall determine the number of professional educator and school service personnel positions to be created in
facilities receiving students or in any facility affected by an
intercounty transfer arrangement. The state board shall prepare
a certified list of positions and shall provide the list to both
the sending and receiving counties involved in the intercounty
transfer arrangement.
(c) The state board shall prepare a certified list containing
the names and seniority of the professional educators and service
personnel in the sending county whose employment has been
terminated as a result of an intercounty transfer arrangement.
Those eligible to appear on the certified list shall be limited
to the following classifications of employees:
(1) Those persons whose positions were eliminated as a direct
result of an intercounty transfer arrangement and: (i) Who
choose not to exercise their right to displace another employee
with lesser seniority; or (ii) whose seniority is insufficient to
allow them to displace other employees; and
(2) Those persons, as determined by the state board, who
would have retained a position with the sending county if the
intercounty transfer arrangement had not occurred.
(d) The receiving county may not fill any position on the
list of positions created pursuant to the provisions of
subsection (b) of this section until the receiving county has
received the list of employees created pursuant to the provisions
of subsection (c) of this section. When the receiving county has been provided copies of both the certified list of positions and
the certified list of employees, the receiving county shall begin
filling the vacancies by selecting employees from the certified
list. In filling these positions, the receiving county shall
comply with all provisions of law relevant to the filling of
professional educator or service personnel vacancies.
(e) For the remainder of the school year immediately
following the effective date of an intercounty transfer
arrangement, but in no case less than six months, the receiving
county may fill positions on the certified list of positions only
by selecting employees from the certified list of employees.
(f) For the purposes of this section only, professional
educators and service personnel whose names appear on the
certified list of employees created pursuant to the provisions of
subsection (c) of this section and who are hired by the county
board of the receiving county shall accrue seniority in both the
sending and the receiving counties during the time in which they
continue to be employed by the county board of the receiving
county.
(g) The state board shall promulgate legislative rules to
implement the provisions of this section pursuant to the
provisions of article three-b, chapter twenty-nine-a of this
code. The rules shall be filed with the office of the secretary
of state no later than the first day of October, one thousand
nine hundred ninety-seven.