H. B. 2575
(By Delegate Mezzatesta)
[Introduced March 17, 1997; referred to the
Committee on Education then Finance.]
A BILL to amend article five, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen-d; to amend and reenact sections two, four, five-a
and ten, article nine-a of said chapter; and to further
amend said article by adding thereto a new section,
designated section twenty-six, all relating to establishing
a study on programs for children under the age of five;
amending the definition of "net enrollment" to exclude
certain children under the age of five; increasing the
number of professional educators from fifty-three and one- half to fifty-three and three-fourths to each one thousand
students in adjusted enrollment; increasing the minimum
ratio of professional instructional personnel from fifty to
fifty and one-fourth per one thousand students in adjusted
enrollment; increasing the maximum service personnel per one
thousand students in net enrollment from forty-three and one-half to forty-four; setting the allocation to improve instructional programs to be at least thirty million dollars
and allowing up to twenty-four percent of this allocation to
employ professional educators and/or service personnel for
the school year beginning on the first day of July, one
thousand nine hundred ninety-seven only; and establishing an
allowance for net enrollment adjustment.
Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen-d; that sections two, four, five-a and ten, article
nine-a of said chapter be amended and reenacted; and that said
article be further amended by adding thereto a new section,
designated section twenty-six, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18d.
Study on programs for children under the age of five.
The state department of education, in consultation with the
department of health and human resources and the governor's
cabinet on families and children, 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 shall submit a
report to the legislative oversight on education accountability by the first day of December, one thousand nine hundred ninety- seven.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
"State board" means the West Virginia board of education.
"County board" or "board" means a county board of education.
"Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article
four, chapter eighteen-a of this code.
"Professional educator"
shall be is synonymous with and
shall have has the same meaning as "teacher" as defined in
section one, article one, chapter eighteen of this code.
"Professional instructional personnel" means a professional
educator whose regular duty is as that of a classroom teacher,
librarian, counselor, attendance director, school psychologist or
school nurse with a bachelors degree and who is licensed by the
West Virginia board of examiners for registered professional
nurses. 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 is assigned and serves on a regular full-time basis in
appropriate instruction, library, counseling, attendance,
psychologist or nursing duties.
"Service personnel salaries"
shall mean means the state
legally mandated salaries for service personnel as provided in section eight-a, article four, chapter eighteen-a of this code.
"Service personnel"
shall mean means all personnel as
provided for 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 adjusted enrollment, a service
employee shall be 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 such 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
calculated as one half an employment day.
"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
:
Provided, That for the school year beginning on the first day of
July, one thousand nine hundred ninety-seven, net enrollment
shall not include kindergarten students below the age of five who
are not also enrolled in special education programs. Commencing
with the school year beginning on the first day of July, one
thousand nine hundred eighty-eight, net enrollment further
shall
include includes adults enrolled in regular secondary vocational
programs existing as of the effective date of this section:
Provided, however, That net enrollment
shall include includes no
more than one thousand such 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:
Provided further, That no tuition or
special fees beyond that required of the regular secondary
vocational student is charged for such adult students.
"Adjusted enrollment" means the net enrollment plus twice
the number of pupils enrolled for special education. Commencing
with the school year beginning on the first day of July, one
thousand nine hundred ninety, adjusted enrollment means the net
enrollment plus twice the number of pupils enrolled for special
education, including exceptional gifted, plus the number of
pupils in grades nine through twelve enrolled for honors and
advanced placement programs, plus the number of pupils enrolled
on the first day of July, one thousand nine hundred eighty-nine,
in the gifted program in grades nine through twelve:
Provided,
That commencing with the school year beginning on the first day
of July, one thousand nine hundred ninety, no more than four
percent of net enrollment of grades one through eight may be
counted as enrolled in gifted education and no more than six
percent of net enrollment of grades nine through twelve may be
counted as enrolled in gifted education, exceptional gifted
education (subject to the limitation set forth in section one,
article twenty of this chapter) and honors and advanced placement
programs for the purpose of determining adjusted enrollment
within a county:
Provided,
however, That nothing herein
shall
may be construed to limit the number of students who may actually
enroll in gifted, honors or advanced placement education programs in any county:
Provided further, That until the school year
beginning on the first day of July, one thousand nine hundred
ninety-two, the preceding percentage limitations
shall may not
restrict the adjusted enrollment definition for a county to the
extent that those limitations are exceeded by students enrolled
in gifted education programs on the first day of July, one
thousand nine hundred eighty-nine:
And provided further, That no
pupil may be counted more than three times for the purpose of
determining adjusted enrollment. Such enrollment shall be
adjusted to the equivalent of the instructional term and in
accordance with such eligibility requirements and rules as
established by the state board. 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 may be
counted who attends school in this state from another state.
"Levies for general current expense purposes" means ninety- eight percent of the levy rate for county boards of education
calculated or set by the Legislature pursuant to the provisions
of section six-f, article eight, chapter eleven of this code.
"Basic resources per pupil" for the state and the several
counties means the total of (a) ninety-five percent of the
property tax revenues computed at the levy rate for county boards
of education calculated or set by the Legislature pursuant to the
provisions of section six-f, article eight, chapter eleven of
this code, but excluding revenues from increased levies as
provided in section ten, article X of the Constitution of West Virginia, and (b) basic state aid as provided in sections twelve
and thirteen of this article, but excluding the foundation
allowance to improve instructional programs as provided in
section ten of this article, and excluding any funds appropriated
for the purpose of achieving salary equity among county board
employees, this total divided by the number of students in
adjusted enrollment:
Provided, That beginning with the school
year commencing on the first day of July, one thousand nine
hundred ninety-one, and thereafter, the foundation allowance for
transportation costs as provided in section seven of this article
shall also be excluded and the total shall be divided by the
number of students in net enrollment:
Provided,
however, That
any year's allocations to the counties of the eighty percent
portion of the foundation allowance to improve instructional
programs, as provided in section ten of this article, shall be
determined on the basis of the immediately preceding school
year's basic resources per pupil.
§18-9A-4. Foundation allowance for professional educators.
The basic foundation allowance to the county for
professional educators shall be 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: Provided, That in making this computation no county
shall receive an allowance for the personnel which number is in
excess of educators fifty-three and one-half three-fourths
professional educators to each one thousand students in adjusted enrollment: Provided, however, That any county not qualifying
under the provision of section fourteen of this article is
eligible for a growth rate in professional personnel in any one
year not to exceed twenty percent of its total potential increase
under this provision, except that in no case shall the limit be
fewer than five professionals: Provided further, That the number
of and the allowance for personnel paid in part by state and
county funds shall be prorated: And provided further, That 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 that the personnel shall be considered
within the above-stated limit: And provided further, That in the
school year beginning the first day of July, one thousand nine
hundred eighty-eight, and in each school year thereafter, each
county board shall establish and maintain a minimum ratio of
fifty and one-fourth professional instructional personnel per one
thousand students in adjusted enrollment: And provided further,
That no permanent substitute shall be included in the minimum
ratio for professional instructional personnel. Permanent
substitutes may be included in the computation for professional
educators. For the purposes of this section, permanent
substitute means a full-time employee who performs the duties of
a day-to-day substitute: And provided further, That no county
shall have less than a total of five principals and central office administrators. Any county board which does not establish
and maintain this minimum ratio shall suffer a pro rata reduction
in the allowance for professional educators under this section:
And provided further, That no county shall be penalized if it has
increases in enrollment during that school year: And provided
further, That any county board which does not establish and
maintain this minimum ratio shall utilize any and all allocations
to it by provision of section fourteen of this article solely to
employ professional instructional personnel until the minimum
ratio is attained. Every county shall utilize methods other than
reductions in force, such as attrition and early retirement,
before implementing their reductions in force policy to comply
with the limitations of this section. It is the intent of the
Legislature that in planning reductions in force to comply with
reduced ratios of professional educators to students in adjusted
enrollment, county boards shall consider positions for
elimination in the following order: (1) Central office
administrators, (2) assistant principals, and (3) principals.
No county shall 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 the thirtieth day of June,
one thousand nine hundred ninety, and, therefore, county boards
shall whenever possible utilize classroom teachers for curriculum
administrative positions through the use of modified or extended
contracts: Provided, That the governor shall submit a recommendation to the Legislature at the beginning of the regular
session thereof in the year one thousand nine hundred ninety-one,
which proposes a method for establishing a responsible level of
administrative support for each county school system and a pay
scale differentiation on a daily rate between classroom positions
and administrative positions when all other factors are equal.
§18-9A-5a. Ratio of foundation allowances for professional
educators and service personnel to net enrollment.
(a) The purpose of this section is to establish maximum
ratios between the numbers of professional educators and service
personnel in the counties which are funded through the public
school support plan and the net enrollment in the counties, such
ratios are in addition to the ratios provided for in sections
four and five of this article. It is the intent of the
Legislature to adjust these ratios pursuant to legislative act as
may be appropriate when additional personnel are needed to
perform additional duties.
(b) Commencing with the school year one thousand nine
hundred eighty-nine--ninety ninety-six--ninety-seven, and each
year thereafter, in computing the basic foundation allowance to
a county for professional educators and the basic foundation
allowance to a county for service personnel under sections four
and five of this article, a county shall not receive an allowance
for such personnel which number per one thousand students in net
enrollment is in excess of the number of professional educators
and the number of service personnel in the county computed as follows:
Maximum professionalMaximum service
For theeducators per 1000personnel per 1000
school yearnet enrollment thenet enrollment the
preceding yearpreceding year
1989-9076.545.5
1990-9176.045.0
1991-9275.544.5
1992-9375.044.0
1993-9474.543.75
1994-95 and74.043.5
thereafter
1995-9674.043.5
1996-97
74.0
43.5
1997-98 and 74.0 44.0
thereafter
(c) Every county shall utilize methods other than reductions
in force, such as attrition and early retirement, before
implementing their reductions in force policy to comply with the
limitations of this section.
(d) For the school years one thousand nine hundred eighty- nine--ninety and one thousand nine hundred ninety--ninety-one
only, if a school district loses more than six percent of the
number chargeable for the previous school year for professional
educator positions or service personnel positions, due to the maximum ratios established in subsection (b) of this section, it
may apply to the state board for a waiver of said ratios to the
extent that the loss exceeds either six percent of its
professional educators or service personnel: Provided, That the
county board of education establishes and maintains the minimum
ratio of professional instructional personnel per one thousand
students in adjusted enrollment as required in section four of
this article. Waivers shall be determined on a case by case
basis according to rules adopted by the state board and granted
to the extent funds are appropriated by the Legislature for this
purpose. Prior to the adoption of such rules, the state board
shall conduct a thorough review of the staffing patterns in each
county. Any personnel positions funded as a result of a waiver
granted under the provisions of this subsection shall not be
included in the computations set forth in sections four and five
of this article.
§18-9A-10. Foundation allowance to improve instructional
programs.
(a) For the school year beginning on the first day of July,
one thousand nine hundred ninety-four, and thereafter, the sum of
the allocations shall be in an amount at least equal to the
amount appropriated by the Legislature, in addition to funds
which accrue from balances in the general school fund, or from
appropriations for such purposes: Provided, That for the school
year beginning on the first day of July, one thousand nine
hundred ninety-seven, only, the sum of the allocations shall be in an amount at least equal to thirty million dollars:
(1) One hundred fifty thousand dollars shall be allocated to
each county;
(2) Distribution 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 section shall be used to improve instructional programs
according to a plan for instructional improvement which the
affected county board shall file with the state board by the
first day of August of each year, to be approved by the state
board by the first day of September of that year if such plan
substantially complies with standards to be adopted by the state
board: Provided, That notwithstanding any other provision of
this code to the contrary, moneys allocated by provision of this
section may also be used in the implementation and maintenance of
the uniform integrated regional computer information system; and
(3) Up to twenty-five percent of this allocation may be used
to employ professional educators and/or service personnel in
counties after all applicable provisions of sections four and
five of this article have been fully utilized: Provided, That
for the school year beginning on the first day of July, one
thousand nine hundred ninety-six ninety-seven, only, up to an
additional twenty-five twenty-four percent of this allocation
may be used to employ classroom teachers, as defined in section
one, article one, chapter eighteen-a of this code, and/or service personnel in counties after all applicable provisions of sections
four and five of this article have been fully utilized:
Provided, however, That service personnel employed with the
additional twenty-five twenty-four percent for the school year
beginning on the first day of July, one thousand nine hundred
ninety-six ninety-seven, only, may not include directors,
coordinators or supervisors.
Prior to the use of any funds from this section for
personnel costs, the county board must receive authorization from
the state superintendent of schools. The state superintendent
shall require the district board to demonstrate: (1) The need
for the allocation; (2) efficiency and fiscal responsibility in
staffing; and (3) sharing of services with adjoining counties and
the regional educational service agency for that county in the
use of the total local district board budget. District boards
shall make application for available funds for the next fiscal
year by the first day of May of each year. On or before the
first day of June, the state superintendent shall review all
applications and notify applying district boards of the
distribution of the allocation: Provided, That for the school
year beginning on the first day of July, one thousand nine
hundred ninety-three, only, the state superintendent shall review
all applications and notify applying district boards of the
distribution of the allocation on or before the first day of
July, one thousand nine hundred ninety-three. Such funds shall
be distributed during the fiscal year as 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: Provided, however, That the funds available for
personnel under this section may not be used to increase the
total number of professional noninstructional personnel in the
central office beyond four. Such instructional improvement plan
shall be made available for distribution to the public at the
office of each affected county board.
(b) Commencing with the school year beginning on the first
day of July, one thousand nine hundred ninety-three, an amount
not less than the amount required to meet debt service
requirements on any revenue bonds issued prior to the first day
of January, one thousand nine hundred ninety-four, and the debt
service requirements on any revenue bonds issued for the purpose
of refunding revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, shall be paid
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 said 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 said
section.
§18-9A-26. Allowance for Net Enrollment Adjustment.
For the fiscal year beginning on the first day of July, one
thousand nine hundred ninety-eight, only, there shall be
appropriated from the general revenue fund an amount equal to the
difference between the total state basic foundation program, as
defined in section three of this article, and the total basic
foundation program that includes kindergarten students below the
age of five who are not also enrolled in special education
programs, as defined in section two of this article: Provided,
That such appropriation shall be distributed for educational
purposes only, as defined in chapter eighteen of this code, to
the counties in a manner determined by the Legislature.
NOTE: The purpose of this bill is to increase the adjusted
enrollment cap for professional educators and the net enrollment
cap for service personnel for FY98. For FY99, the bill amends
the definition of "net enrollment" to exclude certain children
under the age of five who are attending kindergarten , and any
savings from this exclusion shall be used for educational
purposes as determined by the Legislature. A studyThe bill also
mandates a study of all programs for children under the age of
five.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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