COMMITTEE SUBSTITUTE
FOR
H. B. 4018
(By
Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Finance)
[February 25, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-9A-5c, relating
to public school support; making legislative findings and
purpose; providing a foundation allowance safety net for low
student enrollment counties; and authorizing the waiver of
certain student to personnel ratios.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-9A-5c, to read as
follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-5c. Foundation allowance safety net for low student
enrollment counties.
(a) The Legislature finds that the state basic foundation
program, absent the discretionary adjustments provided for in this
section, may not fund the personnel positions necessary for the
proper operation of a school system whose student enrollment is below a certain number. The Legislature further finds that to make
a determination of the appropriate adjustment of the funding for
personnel in these counties, it is necessary to examine the local
circumstances and ensure the efficient use of available resources.
Therefore, the purpose of this section is to establish a safety net
for counties with low student enrollment that provides the
personnel positions necessary for the proper operation of the
school system consistent with the efficient use of resources.
(b) When the number of students in net enrollment in a county
in grades kindergarten through grade twelve, inclusive, falls below
one thousand two hundred and fifty, the state superintendent shall
provide technical assistance to the county to maximize the
efficient use of resources available to the county including, but
not limited to, utilizing the services available through the
regional education service agency and cooperative agreements with
adjoining counties. Beginning with the school year starting on the
first day of July, two thousand five, and thereafter, the basic
foundation allowances of such a county for professional educators
and service personnel shall be computed in accordance with this
article utilizing a number for students in net enrollment of not
less than the county's actual net enrollment nor more than one
thousand two hundred fifty as determined necessary by the state
superintendent for the proper operation of the county's school
system. Further, the state superintendent may also waive for the
county the ratio of students to professional instructional
personnel set forth in section four of this article as determined necessary for the proper operation of the county's school system.