HB206 HFA ESPINOSA 6-19 #9
Delegate Espinosa moves to amend the bill page 85, following line 107, by striking section §18-9A-2 from the bill and inserting in lieu thereof a new section §18-9A-2 to read as follows:
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 inet seq. of this code.
(d) “Professional educator” shall be synonymous with and shall have the same meaning as “teacher” as defined inof 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.
(f) “Professional student support personnel” means a “teacher” as defined inof 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, as well as professional personnel addressing chronic absenteeism. 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 inof this code.
(h) “Service personnel” means all personnel as provided inof 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 fewer per day as provided in of this code shall be calculated as one-half an employment day.
(i) “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 , subject to the following: Provided, That (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 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 further, 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 of this
code; and (B) Net enrollment does not include any adult charged
tuition or special fees beyond that required of the regular secondary
(2) Students enrolled in early childhood education programs as provided inof 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(i)(5)(A) of this code 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; and
(C) (D) 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
1,400, the increase in calculated net enrollment shall be reduced
so that the total does not exceed to 1,400; and
(D) (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
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 §18-9A-2(i)(5) of this code, of the definition of “net enrollment”, to the square miles of the county is less than five.
(k) “Low-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than five but less than 10.
(l) “Medium-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than 10 but less than 20.
(m) “High-density county” means a county whose ratio of net enrollment, excluding any increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the definition of “net enrollment”, to the square miles of the county is equal to or greater than 20.
(n) “Levies for general
current expense purposes” means
90 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.
(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.
(q) 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.