Senate Bill No. 98
(By Senators Bowman and Love)
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[Introduced January 16, 2007; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18-9A-7 of the Code of West Virginia,
1931, as amended, relating to allocating fifteen thousand
dollars to each county to be used for transporting students to
school-related activities within the state; requiring approval
in advance from superintendent of schools for the county
making the request; and forfeiture of unused funds.
Be it enacted by the Legislature of West Virginia:
That §18-9A-7 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.
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 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:
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;
(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 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;
(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;
and
(7) For the fiscal year two thousand seven, and for each
fiscal year thereafter, $15,000 to each county for transporting
students to school related activities located within the state:
Provided, That approval for the travel is obtained in advance from
the superintendent of schools of the county requesting the funds or
his or her designee. Any funds not allocated in accordance with
this subdivision prior to the thirtieth day of June of each fiscal
year will be forfeited.
The total state share for this purpose 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 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.
NOTE: The purpose of this bill is to allocate $15,000 to each
county to be used for transporting students to school related
activities within the state; requires approval in advance from
superintendent of schools for the county making the request;
forfeiture of unused funds.
Strike-throughs indicate language that would be stricken from
the present law, and undercscoring indicates new language that
would be added.