HB206 HFA #7 Prezioso et al. 6-24
Skinner 7816
Senators Prezioso, Baldwin, Beach, Facemire, Hardesty, Ihlenfeld, Jeffries, Lindsay, Plymale, Palumbo, Romano, Stollings, Unger and Woelfel moved to amend the bill on pages ninety-four through one hundred, by striking out all of section two and inserting in lieu thereof a new section, designated two, to read as follows:
§18-9A-2. Definitions.
(a) For the purpose of this article:
(a) "State board" means the West Virginia
Board of Education
(b) “County board” or “board” means a county board
of education.
(c) "Professional salaries" means the state
legally mandated salaries of the professional educators as provided in article
four, chapter eighteen-a of this code
“High-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this section, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than 20.
“Levies for general current expense purposes” means 85 percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to §11-8-6f of this code.
“Low-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this section, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than five but less than 10.
“Medium-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to subdivision (5), subsection (i) of this section, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than 10 but less than 20.
“Net enrollment” means the number of pupils enrolled in special education programs, kindergarten programs and grades one to 12, inclusive, of the public schools of the county. Net enrollment further shall include:
(1) Adults enrolled in regular secondary vocational programs existing as of the effective date of this section, subject to the following:
(A) Net enrollment includes no more than 2,500 of those adults counted on the basis of full-time equivalency and apportioned annually to each county to support Advanced Career Education programs as provided in §18-2E-11 of this code, in proportion to the adults participating in regular secondary vocational programs in the prior year counted on the basis of full-time equivalency: Provided that, beginning with the 2021 fiscal year and every year thereafter, a career technical education center may only receive the funding for enrollment as authorized by this paragraph if the center has satisfied the requirements of §18-2E-11 of this code ; and
(B) Net enrollment does not include any adult charged tuition or special fees beyond that required of the regular secondary vocational student;
(2) Students enrolled in early childhood education programs as provided in §18-5-44 of this code, counted on the basis of full-time equivalency;
(3) A pupil may not be counted more than once by reason of transfer within the county or from another county within the state, and a pupil may not be counted who attends school in this state from another state;
(4) The enrollment shall be modified to the equivalent of the instructional term and in accordance with the eligibility requirements and rules established by the state board; and
(5) For the purposes of determining the county's basic foundation program only, for any county whose net enrollment as determined under all other provisions of this definition is less than 1,400, the net enrollment of the county shall be increased by an amount to be determined in accordance with the following:
(A) Divide the state's lowest county student population density by the county's actual student population density;
(B) Multiply the amount derived from the calculation in paragraph (A) of this subdivision by the difference between 1,400 and the county's actual net enrollment;
(C) Add the amount derived from the calculation in paragraph (B) of this subdivision to the county’s actual net enrollment and increase that total amount by 10 percent;
(D) If the net enrollment as determined under this subdivision is greater than 1,400, the calculated net enrollment shall be reduced to 1,400; and
(E) During the 2008-2009 interim period and every three interim periods thereafter, the Legislative Oversight Commission on Education Accountability shall review this subdivision to determine whether these provisions properly address the needs of counties with low enrollment and a sparse population density.
(d) “Professional educator” shall be synonymous
with and shall have the same meaning as "teacher" as defined in
§18-1-1 of this code, and includes technology integration specialists.
(e) “Professional instructional personnel” means a
professional educator whose regular duty is as that of a classroom teacher,
librarian, attendance director or school psychologist. 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 or she is assigned and serves on a regular full-time basis in
appropriate instruction, library, attendance or psychologist duties.
“Professional salaries” means the state legally mandated salaries of the professional educators as provided in §18A-4-1 et seq. of this code.
(f)
“Professional student support personnel” means a "teacher" as defined
in §18-1-1 of this code who is assigned and serves on a regular full-time basis
as a counselor or as a school nurse with a bachelor's degree and who is
licensed by the West Virginia Board of Examiners for Registered Professional
Nurses. Professional student support personnel shall also include
professional personnel providing direct social and emotional support services
to students, including, but not limited to, social workers and psychologists.
For all purposes except for the determination of the allowance for professional
educators pursuant to §18-9A-4 of this code, professional student support
personnel are professional educators.
(g) "Service personnel salaries" means the
state legally mandated salaries for service personnel as provided in section
eight-a, article four, chapter eighteen-a of this code
(h) “Service personnel” means all personnel as
provided in §18A-4-8 of
this code. For the purpose of computations under this article of ratios of
service personnel to net 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 200: Provided, That the computation for any service person
employed for three and one-half hours or less per day as provided in §18A-4-8 of this
code shall be calculated as one half an employment day.
“Service personnel salaries” means the state legally mandated salaries for service personnel as provided in §18A-4-8a of this code.
(i) “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. Net enrollment further
shall include:
(1) Adults enrolled in regular secondary vocational
programs existing as of the effective date of this section, subject to the
following:
(A) Net enrollment includes no more than one thousand
of those 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; and
(B) Net enrollment does not include any adult charged
tuition or special fees beyond that required of the regular secondary
vocational student;
(2) Students enrolled in early childhood education
programs as provided in section forty-four, article five of this chapter,
counted on the basis of full-time equivalency;
(3) No pupil shall be counted more than once by reason
of transfer within the county or from another county within the state, and no
pupil shall be counted who attends school in this state from another state;
(4) The enrollment shall be modified to the equivalent
of the instructional term and in accordance with the eligibility requirements
and rules established by the state board; and
(5) For the purposes of determining the county's basic
foundation program only, for any county whose net enrollment as determined
under all other provisions of this definition is less than one thousand four
hundred, the net enrollment of the county shall be increased by an amount to be
determined in accordance with the following:
(A) Divide the state's lowest county student population
density by the county's actual student population density;
(B) Multiply the amount derived from the calculation in
paragraph (A) of this subdivision by the difference between one thousand four
hundred and the county's actual net enrollment;
(C) If the increase in net enrollment as determined
under this subdivision plus the county's net enrollment as determined under all
other provisions of this subsection is greater than one thousand four hundred,
the increase in net enrollment shall be reduced so that the total does not
exceed one thousand four hundred; and
(D) During the 2008-2009 interim period and every three
interim periods thereafter, the Legislative Oversight Commission on Education
Accountability shall review this subdivision to determine whether or not these
provisions properly address the needs of counties with low enrollment and a
sparse population density
(j) “Sparse-density county” means a county whose
ratio of net enrollment, excluding any increase in the net enrollment of
counties, pursuant to subdivision (5), subsection (i) of this section, of the
definition of "net enrollment", to the square miles of the county is
less than five.
“State board” means the West Virginia Board of Education.
“State aid eligible personnel” means all professional educators and service personnel employed by a county board in positions that are eligible to be funded under this article and whose salaries are not funded by a specific funding source such as a federal or state grant, donation, contribution or other specific funding source not listed.
(k) “Low-density county” means a county whose ratio of
net enrollment, excluding any increase in the net enrollment of counties,
pursuant to subdivision (5), subsection (i) of this section, of the definition
of “net enrollment”, to the square miles of the county is equal to or greater
than five but less than ten.
(l) “Medium-density county” means a county whose ratio
of net enrollment, excluding any increase in the net enrollment of counties,
pursuant to subdivision (5), subsection (i) of this section, of the definition
of "net enrollment", to the square miles of the county is equal to or
greater than ten but less than twenty.
(m) “High-density county” means a county whose ratio of
net enrollment, excluding any increase in the net enrollment of counties,
pursuant to subdivision (5), subsection (i) of this section, of the definition
of “net enrollment”, to the square miles of the county is equal to or greater
than twenty.
(n) “Levies for general current expense purposes” means
ninety percent of the levy rate for county boards of education calculated or
set by the Legislature pursuant to section six-f, article eight, chapter eleven
of this code
(o) “Technology integration specialist” means a
professional educator who has expertise in the technology field and is assigned
as a resource teacher to provide information and guidance to classroom teachers
on the integration of technology into the curriculum.
(p) “State aid eligible personnel” means all
professional educators and service personnel employed by a county board in
positions that are eligible to be funded under this article and whose salaries
are not funded by a specific funding source such as a federal or state grant,
donation, contribution or other specific funding source not listed
(b) The amendments to this section during the 2019 First Extraordinary Session of the Legislature shall be effective for the 2019-2020 funding year, and the provisions of this section existing immediately prior to the 2019 First Extraordinary Session of the Legislature remain in effect for funding years prior to the 2019-2020 funding year.
Adopted
Rejected