H. B. 4393
(By Delegates Campbell, Williams, Beach, Eldridge, Poling,
Tabb, Wysong, Louisos, Tansill, Sumner and DukeSPONSOR)
[Originating in the Committee on EducationDATECOMMITTEE.]
(February 3, 2006)
A BILL to amend and reenact Bill Title§18-9A-7 of the code of West
Virginia, 1931, as amended, relating to Title Languageadjusting foundation
allowance for transportation for projected fuel costs;
providing method for adjustments; simplifying language;
clarifying conflicting provisions; and removing obsolete
provisions.
Be it enacted by the Legislature of West Virginia:
That §18-9A-7Enacting Section of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-7. Foundation allowance for transportation cost.
(a) The allowance in the foundation school program for each
county for transportation shall be the sum of the following
computations:
(1) Eighty-five percent of the transportation cost within each high-density county and ninety percent of the transportation
cost within each low-density county for maintenance, operation
and related costs, exclusive of all salaries: Provided, That
Eighty-five percent for each high-density county and ninety
percent for each low density county of the transportation costs
of the county board for maintenance, operation and related costs,
exclusive of all salaries, for the latest fiscal year for which
the expenditures are available, subject to the following
adjustments:
(A) The portion of the allowance attributable to motor fuel
used in student transportation shall be adjusted based on the
projected cost of motor fuel for the current fiscal year. The
projected cost for motor fuel shall be determined by multiplying
the actual expenditures for motor fuel for student transportation
of each county board for the latest fiscal year for which the
data is available by the
state aggregate average percentage
change in expenditures for motor fuel of all county boards
for
the latest three fiscal years for which the actual expenditures
are available. Each county board's allowance for motor fuel so
determined shall be further adjusted each fiscal year by the
difference between the actual expenditures for motor fuel for the
latest fiscal year for which the actual expenditures are
available and the adjusted amount used for motor fuel cost in
determining the county board's allowance for that fiscal year; and
(B) For any county that uses an alternative fuel such as
compressed natural gas or other acceptable alternative fuel for
the operation of all or any portion of its school bus system, the
allowance in the foundation school program for the county for
that portion of its school bus system shall be ninety-five
percent of the transportation cost for maintenance, operation and
related costs, exclusive of all salaries, incurred by the use of
the alternatively fueled school buses. The portion of the
allowance attributable to alternative fuels used in student
transportation shall be adjusted by the projected cost of
alternative fuels for the current fiscal year in the same manner
as that provided in paragraph (A) of this subdivision for the
adjustment for the projected cost of regular motor fuel.
Provided, however, That Any county using an alternative fuel and
qualifying for the additional allowance shall submit a plan
regarding the intended future use of alternatively fueled school
buses;
(2) The total cost, within each county, of insurance
premiums on buses, buildings and equipment used in
transportation: Provided, That the premiums were procured
through competitive bidding:
Provided, however,
That the premiums
for professional or other liability insurance obtained from the
state board of risk and insurance management pursuant to the provisions of section five-a, article twelve, chapter twenty-nine
of this code are exempt from this procurement requirement;
(3) An amount equal to eight and one-third percent of the
current replacement value of the bus fleet within each county as
determined by the state board. The amount shall only be used for
the replacement of buses. Buses purchased after the first day of
July, one thousand nine hundred ninety-nine, that are driven one
hundred eighty thousand miles, regardless of year model, will be
subject to the replacement value of eight and one-third percent
as determined by the state board. Provided, That for the school
year beginning on the first day of July, two thousand four, only,
the allowance in the foundation school program for each county
for transportation shall not include an amount for the
replacement of buses. In addition, in any school year in which
its net enrollment increases when compared to the net enrollment
the year immediately preceding, a school district may apply to
the state superintendent for funding for an additional bus. The
state superintendent shall make a decision regarding each
application based upon an analysis of the individual school
district's net enrollment history and transportation needs:
Provided, however, That the state superintendent shall not
consider any application which fails to document that the county
has applied for federal funding for additional buses. If the
state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the
state board for the upcoming fiscal year;
(4) Eighty-five percent of the cost of contracted
transportation services and public utility transportation within
each high-density county and ninety percent of the cost of
contracted transportation services and public utility
transportation within each low-density county Eighty-five percent
for each high-density county and ninety percent for each low
density county of the cost of contracted transportation services
and public utility transportation of the county board;
(5) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving the aid within each
county; and
(6) Ninety-five percent of the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, for transporting students to and from classes at a
multicounty vocational center.
(b) The total state share for this purpose transportation
shall be the sum of the county shares: Provided, That no county
shall receive an allowance which is greater than one-third above
the computed state average allowance per transportation mile
multiplied by the total transportation mileage in the county. :
Provided, however, That
(c) One half of one percent of the transportation allowance distributed to each county shall be for the purpose of trips
related to academic classroom curriculum and not related to any
extracurricular activity. : Provided further, That for the
school year beginning on the first day of July, two thousand
four, only the transportation allowance of each county shall
include an allocation for the purpose of trips related to
academic classroom curriculum and not related to any
extracurricular activity. The allocation shall equal the amount
distributed to the county for this purpose in the school year
beginning on the first day of July, two thousand three: And
provided further, That Any remaining funds credited to a county
for the purpose of trips related to academic classroom curriculum
during the fiscal year shall be carried over for use in the same
manner the next fiscal year and shall be separate and apart from,
and in addition to, the appropriation for the next fiscal year:
And provided further, That The state board may request a county
to document the use of funds for trips related to academic
classroom curriculum if the board determines that it is
necessary.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.