ENROLLED
H. B. 4406
(By Delegates Delong, Shaver, Williams,
Rodighiero, Rowan, Eldridge,
Sobonya, Sumner, Fragale and C. Miller)
[Passed March 8, 2008; in effect July 1, 2008.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated section §18-2E-5d;
and to amend and reenact §18-9D-2 and §18-9D-16 of said code,
all relating generally to the School Building Authority and to
state board standards for the recommended duration of school
bus transportation times for students to and from school;
modifying definitions and qualifications for construction
projects and major improvement projects; limiting county board
authority to establish new routes for certain students to
certain schools unless certain requirements met; providing for
state board to permit new routes in excess of limit up to
certain limit; requiring state board to provide certain
technical assistance; requiring countywide comprehensive
facilities plans required by School Building Authority to
address providing facility infrastructure that avoids
excessive transportation times; requiring guidelines for update of transportation times in approved facilities plans;
prohibiting project approval by authority when transportation
route times for certain students exceed limits unless state
board permission is granted.
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 section §18-2E-5d; and
that §18-9D-2 and §18-9D-16 of said code be amended and reenacted,
all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5d. Standards for the duration of school bus transportation
times for students to and from school.
(a) The high quality standards for transportation adopted by
the state board pursuant to section five of this article shall
include standards for the recommended duration of the one-way
school bus transportation time for students to and from school
under normal weather and operating conditions as follows:
(1) For elementary school students, thirty minutes;
(2) For middle school, intermediate school and junior high
school students, forty-five minutes; and
(3) For high school students, sixty minutes.
(b) A county board may not create a new bus route for the
transportation of students in any of the grade levels
prekindergarten through grade five to and from any school included in a school closure, consolidation or new construction project
approved after the first day of July, two thousand eight, which
exceeds by more than fifteen minutes the recommended duration of
the one-way school bus transportation time for elementary students
adopted by the state board in accordance with subsection (a) of
this section unless:
(1) The county board adopts a separate motion to approve
creation of the route and request written permission of the state
board to create the route; and
(2) Receives the written permission of the state board to
create the route.
(c) A county board may not create, nor may the state board
permit, the creation of a new bus route for the transportation of
students in any of the grade levels prekindergarten through grade
five to and from any school included in a school closure,
consolidation or new construction project approved after the first
day of July, two thousand eight, which exceeds by more than thirty
minutes the recommended duration of the one-way school bus
transportation time for elementary students adopted by the state
board in accordance with subsection (a) of this section.
(d) The state board shall provide technical assistance to
county boards with the objective of achieving school bus
transportation routes for students which are within the recommended
time durations established by the state board.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-2. Definitions.
For the purposes of this article, unless a different meaning
clearly appears from the context:
(1) "Authority" means the School Building Authority of West
Virginia;
(2) "Bonds" means bonds issued by the authority pursuant to
this article;
(3) "Construction project" means a project in the furtherance
of a facilities plan with a cost greater than one million dollars
for the new construction, expansion or major renovation of
facilities, buildings and structures for school purposes,
including:
(A) The acquisition of land for current or future use in
connection with the construction project;
(B) New or substantial upgrading of existing equipment,
machinery and furnishings;
(C) Installation of utilities and other similar items related
to making the construction project operational.
(D) Construction project does not include such items as books,
computers or equipment used for instructional purposes; fuel;
supplies; routine utility services fees; routine maintenance costs;
ordinary course of business improvements; other items which are
customarily considered to result in a current or ordinary course of business operating charge or a major improvement project;
(4) "Cost of project" means the cost of construction,
expansion, renovation, repair and safety upgrading of facilities,
buildings and structures for school purposes; the cost of land,
equipment, machinery, furnishings, installation of utilities and
other similar items related to making the project operational; and
the cost of financing, interest during construction, professional
service fees and all other charges or expenses necessary,
appurtenant or incidental to the foregoing, including the cost of
administration of this article;
(5) "Facilities plan" means the ten-year countywide
comprehensive educational facilities plan established by a county
board in accordance with guidelines adopted by the authority to
meet the goals and objectives of this article that:
(A) Addresses the existing school facilities and facility
needs of the county to provide a thorough and efficient education
in accordance with the provisions of this code and policies of the
state board;
(B) Best serves the needs of individual students, the general
school population and the communities served by the facilities,
including, but not limited to, providing for a facility
infrastructure that avoids excessive school bus transportation
times for students consistent with sound educational policy and
within the budgetary constraints for staffing and operating the schools of the county;
(C) Includes the school major improvement plan;
(D) Includes the county board's school access safety plan
required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects completed, current
enrollment projections and new or continuing needs; and
(F) Is approved by the state board and the authority prior to
the distribution of state funds pursuant to this article to any
county board or other entity applying for funds;
(6) "Project" means a construction project or a major
improvement project;
(7) "Region" means the area encompassed within and serviced by
a regional educational service agency established pursuant to
section twenty-six, article two of this chapter;
(8) "Revenue" or "revenues" means moneys:
(A) Deposited in the School Building Capital Improvements Fund
pursuant to section ten, article nine-a of this chapter;
(B) Deposited in the School Construction Fund pursuant to
section thirty, article fifteen, chapter eleven of this code and
section eighteen, article twenty-two, chapter twenty-nine of this
code;
(C) Deposited in the School Building Debt Service Fund
pursuant to section eighteen, article twenty-two, chapter
twenty-nine of this code;
(D) Deposited in the School Major Improvement Fund pursuant to
section thirty, article fifteen, chapter eleven of this code;
(E) Received, directly or indirectly, from any source for use
in any project completed pursuant to this article;
(F) Received by the authority for the purposes of this
article; and
(G) Deposited in the Excess Lottery School Building Debt
Services Fund pursuant to section eighteen-a, article twenty-two,
chapter twenty-nine of this code.
(9) "School major improvement plan" means a ten-year school
maintenance plan that:
(A) Is prepared by a county board in accordance with the
guidelines established by the authority and incorporated in its
Countywide Comprehensive Educational Facilities Plan, or is
prepared by the state board or the administrative council of an
area vocational educational center in accordance with the
guidelines if the entities seek funding from the authority for a
major improvement project;
(B) Addresses the regularly scheduled maintenance for all
school facilities of the county or under the jurisdiction of the
entity seeking funding;
(C) Includes a projected repair and replacement schedule for
all school facilities of the county or of entity seeking funding;
(D) Addresses the major improvement needs of each school within the county or under the jurisdiction of the entity seeking
funding; and
(E) Is required prior to the distribution of state funds for
a major improvement project pursuant to this article to the county
board, state board or administrative council; and
(10) "School major improvement project" means a project with
a cost greater than fifty thousand dollars and less than one
million dollars for the renovation, expansion, repair and safety
upgrading of existing school facilities, buildings and structures,
including the substantial repair or upgrading of equipment,
machinery, building systems, utilities and other similar items
related to the renovation, repair or upgrading in the furtherance
of a school major improvement plan. A major improvement project
does not include such items as books, computers or equipment used
for instructional purposes; fuel; supplies; routine utility
services fees; routine maintenance costs; ordinary course of
business improvements; or other items which are customarily
considered to result in a current or ordinary course of business
operating charge.
§18-9D-16. Authority to establish guidelines and procedures for
facilities and major improvement plans; guidelines
for modifications and updates, etc.; guidelines for
project evaluation; submission of certified list of
projects to be funded; department on-site inspection of facilities; enforcement of required changes or
additions to project plans.
(a) The authority shall establish guidelines and procedures to
promote the intent and purposes of this article and assure the
prudent and resourceful expenditure of state funds for projects
under this article including, but not limited to, the following:
(1) Guidelines and procedures for the facilities plans, school
major improvement plans and projects submitted in the furtherance
of the plans that address, but are not limited to, the following:
(A) All of the elements of the respective plans as defined in
section two of this article;
(B) The procedures for a county to submit a preliminary plan,
a plan outline or a proposal for a plan to the authority prior to
the submission of the facilities plan. The preliminary plan, plan
outline or proposal for a plan shall be the basis for a
consultation meeting between representatives of the county and
members of the authority, including at least one citizen member,
which shall be held promptly following submission of the
preliminary plan, plan outline or proposal for a plan to assure
understanding of the general goals of this article and the
objective criteria by which projects will be evaluated, to discuss
ways the plan may be structured to meet those goals, and to assure
efficiency and productivity in the project approval process;
(C) The manner, time line and process for the submission of each plan and annual plan updates to the authority;
(D) The requirements for public hearings, comments or other
means of providing broad-based input on plans and projects under
this article within a reasonable time period as the authority may
consider appropriate. The submission of each plan must be
accompanied by a synopsis of all comments received and a formal
comment by the county board, the state board or the administrative
council of an area vocational educational center submitting the
plan;
(E) Any project specifications and maintenance specifications
considered appropriate by the authority including, but not limited
to, such matters as energy efficiency, preferred siting,
construction materials, maintenance plan and any other matter
related to how the project is to proceed;
(F) A prioritization by the county board, the state board or
the administrative council submitting the plan of each project
contained in the plan. In prioritizing the projects, the county
board, the state board or the administrative council submitting the
plan shall make determinations in accordance with the objective
criteria formulated by the School Building Authority in accordance
with this section. The priority list is one of the criteria that
shall be considered by the authority deciding how the available
funds should be expended;
(G) The objective means to be set forth in the plan and used in evaluating implementation of the overall plan and each project
included in the plan. The evaluation must measure how the plan
addresses the goals of this article and any guidelines adopted
under this article, and how each project is in furtherance of the
facilities plan and school major improvement plan, as applicable,
as well as the importance of the project to the overall success of
the facilities plan or school major improvement plan and the
overall goals of the authority; and
(H) Any other matters considered by the authority to be
important reflections of how a construction project or a major
improvement project or projects will further the overall goals of
this article.
(2) Guidelines and procedures which may be adopted by the
authority for requiring that a county board modify, update,
supplement or otherwise submit changes or additions to an approved
facilities plan or for requiring that a county board, the state
board or the administrative council of an area vocational
educational center modify, update, supplement or otherwise submit
changes or additions to an approved school major improvement plan.
The authority shall provide reasonable notification and sufficient
time for the change or addition as delineated in guidelines
developed by the authority. The guidelines shall require an update
of the estimated duration of school bus transportation times for
students associated with any construction project under consideration by the authority that includes the closure,
consolidation or construction of a school or schools.
(3) Guidelines and procedures for evaluating project proposals
that are submitted to the authority that address, but are not
limited to, the following:
(A) Any project funded by the authority must be in furtherance
of the facilities plan or school major improvement plan and in
compliance with the guidelines established by the authority;
(B) If a project is to benefit more than one county in the
region, the facilities plan must state the manner in which the cost
and funding of the project will be apportioned among the counties;
(C) If a county board proposes to finance a construction
project through a lease with an option to purchase pursuant to an
investment contract as described in subsection (f), section fifteen
of this article, the specifications for the project must include
the term of the lease, the amount of each lease payment, including
the payment due upon exercise of the option to purchase, and the
terms and conditions of the proposed investment contract; and
(D) The objective criteria for the evaluation of projects
which shall include, but are not limited to, the following:
(i) How the current facilities do not meet and how the plan
and any project under the plan meets the following:
(I) Student health and safety including, but not limited to,
critical health and safety needs;
(II) Economies of scale, including compatibility with similar
schools that have achieved the most economical organization,
facility use and pupil-teacher ratios;
(III) Reasonable travel time and practical means of addressing
other demographic considerations. The authority may not approve a
project after the first day of July, two thousand eight, that
includes a school closure, consolidation or new construction for
which a new bus route will be created for the transportation of
students in any of the grade levels prekindergarten through grade
five to and from any school included in the project, which new bus
route exceeds by more than fifteen minutes the recommended duration
of the one-way school bus transportation time for elementary
students adopted by the state board as provided in section five-d,
article two-e of this chapter, unless the county has received the
written permission of the state board to create the route in
accordance with said section five-d;
(IV) Multicounty and regional planning to achieve the most
effective and efficient instructional delivery system;
(V) Curriculum improvement and diversification, including the
use of instructional technology, distance learning and access to
advanced courses in science, mathematics, language arts and social
studies;
(VI) Innovations in education;
(VII) Adequate space for projected student enrollments;
(VIII) The history of efforts taken by the county board to
propose or adopt local school bond issues or special levies to the
extent Constitutionally permissible; and
(IX) Regularly scheduled preventive maintenance; and
(ii) How the project will assure the prudent and resourceful
expenditure of state funds and achieve the purposes of this article
for constructing, expanding, renovating or otherwise improving and
maintaining school facilities for a thorough and efficient
education.
(4) Guidelines and procedures for evaluating projects for
funding that address, but are not limited to, the following:
(A) Requiring each county board's facilities plan and school
major improvement plan to prioritize all the construction projects
or major improvement projects, respectively, within the county. A
school major improvement plan submitted by the state board or the
administrative council of an area vocational educational center
shall prioritize all the school improvement projects contained in
the plan. The priority list shall be one of the criteria to be
considered by the authority in determining how available funds
shall be expended. In prioritizing the projects, the county board,
the state board or the administrative council submitting a plan
shall make determinations in accordance with the objective criteria
formulated by the School Building Authority;
(B) The return to each county submitting a project proposal an explanation of the evaluative factors underlying the decision of
the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in accordance with
this article, subject to the availability of funds.
(b) Prior to final action on approving projects for funding
under this article, the authority shall submit a certified list of
the projects to the Joint Committee on Government and Finance.
(c) The State Department of Education shall conduct on-site
inspections, at least annually, of all facilities which have been
funded wholly or in part by moneys from the authority or state
board to ensure compliance with the county board's facilities plan
and school major improvement plan as related to the facilities; to
preserve the physical integrity of the facilities to the extent
possible; and to otherwise extend the useful life of the
facilities:
Provided, That the state board shall submit reports
regarding its on-site inspections of facilities to the authority
within thirty days of completion of the on-site inspections
:
Provided, however, That the state board shall promulgate rules
regarding the on-site inspections and matters relating thereto, in
consultation with the authority, as soon as practical and shall
submit proposed rules for legislative review no later than the
first day of December, one thousand nine hundred ninety-four.
(d) Based on its on-site inspection or notification by the
authority to the state board that the changes or additions to a county's board facilities plan or school major improvement plan
required by the authority have not been implemented within the time
period prescribed by the authority, the state board shall restrict
the use of the necessary funds or otherwise allocate funds from
moneys appropriated by the Legislature for those purposes set forth
in section nine, article nine-a of this chapter.