HB4950 H EDC AM #1
Kidd 4753
The Subcommittee on Educational Choice moves to amend the bill on page 1, following the enacting clause, by striking everything thereafter and inserting in lieu thereof the following:
(a) Notwithstanding any provision of §18-9A-12 of this code to the contrary, the net and adjusted enrollment used in calculating each county’s basic foundation program for fiscal years that begin on July 1, 2027, July 1, 2028, and 6 July 1, 2029 shall not be less than the net and adjusted enrollment actually used in calculating the county’s the basic foundation program for the fiscal year that began on July 1, 2026.
(b) By the end of the three fiscal years, a county board shall not budget for or employ personnel in excess of the foundation allowances of this article that it cannot afford by lawful means and without incurring a prohibited deficit or violating any duty imposed upon the board by statute or by regulation of the State Board of Education.
(c) During each of the three fiscal years, each county board shall:
(1) Investigate ways to achieve efficiencies in providing services to the school district to include collaborations with other county boards and agreements with educational services cooperatives, and
(2) Identify any provisions of this code or State Board of policy that enable or complicate the sharing of services and functions with other county boards.
(d) By September 1 following each of the three fiscal years, each county board shall provide the Legislative Oversight Commission on Education Accountability with a written report of the board’s progress in meeting the requirements of this section.
(e) After September 1, 2030, the commission shall review the effectiveness of this section to determine and recommend to the legislature whether to extend its provisions.
This article may be known and cited as the "West Virginia Freedom and Innovation Pilot Act of 2026."
(a) Any county in this state may participate in the West Virginia Freedom and Innovation Pilot Act of 2026, hereinafter referred to as "the pilot program."
(b) Any county who chooses to participate in the pilot program shall be funded by a block grant in the amount of $5,775 per enrolled student as of December 2025. Additionally, after year one, a county who participates shall be eligible for a 1% annual increase, on the condition that enrollment has increased in that county.
(c) Any county who participates in the pilot program is not subject to the provisions of §18-5-18 and §18A-1-1 et seq. of this code, including but not limited to staffing ratios, service personnel quotas, and central salary schedules: Provided, That the provisions of the Third Grade Success Act and any associated provisions with federal implications shall still be followed.
(d) Any county who participates in the pilot program shall maintain full authority over their own salaries, benefits, class sizes, and calendars: Provided, That new hires shall be paid according to the new hire salaries existing in code.
(e) The county board’s annual cost for the salaries of administrators shall not exceed seven percent of the overall total annual budget of the county participating in the pilot program. For the purposes of this section, "administrators" include the county superintendent; deputy, associate, or assistant superintendents; chief financial officers; administrative assistants; attorneys; directors or managers of instruction; directors or managers of supportive services; chief school business officials; child nutrition directors; adult program coordinators; principals; assistant principals; directors and coordinators of services; accounts payable supervisors; payroll supervisors; supervisors of maintenance; supervisors of transportation; school bus supervisors; food services supervisors; or any other person performing administrative duties similar to the foregoing persons.
(f) Any county who does not participate in the pilot program shall remain under the current School Aid Formula.
(g) Local shares for benefits shall remain unchanged, including funding for the Public Employees' Insurance Agency (fund 01200), Teachers' Retirement System (fund 01900), and for Retirement Systems – Unfunded Liability (fund 77500).
(h) This pilot program shall begin on July 1, 2026, and a county may opt into the pilot program on or after that date. The pilot program shall last for a period of two years.
(a) The county school board shall develop a plan of implantation in conjunction with county board staff and the county superintendent.
(b) After development of the initial plan proposal, the county school board will send a copy of the implementation plans to each school.
(c) Each school will be given seven calendar days to call a faculty senate meeting to discuss among the staff the draft plan.
(d) School staff will provide recommendations for changes or approvals to their faculty senate president.
(e) Following these school level meetings, the school board in conjunction with the Superintendent shall have two meetings with the faculty senate presidents from each of the schools in the district to review staff recommendations and ideas.
(f) The school board and Superintendent may take recommendations into consideration in order to alter the plan to suit faculty suggestions.
(a) If a parent removes their child from the public school system for any reason other than because they are moving their domicile out of district, the county school system shall send an online survey to the parents/guardians in order to ascertain information about why they have made this choice.
(1) Nothing about this survey shall be coercive, and it should not attempt to change the mind of the parent/guardian.
(2) The purpose of this survey is to conduct an online “exit interview” in order to collect data regarding why parents are making the decision to remove their child(ren) from the county public school system in order to seek alternate educational arrangements for their child(ren).
(3) This survey shall be completed by the parents/guardians within six months of their child being removed from the school system.
(b) The data in these surveys will be free from any personally identifiable information, and the data shall be collected and catalogued by the county school systems. Upon completion of the pilot program, this data shall be reviewed by the school superintendent and school board members of each county. The data shall also be sent to the Legislative in the pilot program report for review.
This pilot program shall be reviewed by the Legislative Oversight Commission on Education Accountability ("LOCEA") on or before July 1, 2028, where the program shall sunset or be extended.
Adopted
Rejected